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1 | AN ACT to revise the law by combining multiple enactments | ||||||
2 | and making technical corrections.
| ||||||
3 | Be it enacted by the People of the State of Illinois,
| ||||||
4 | represented in the General Assembly:
| ||||||
5 | Section 1. Nature of this Act. | ||||||
6 | (a) This Act may be cited as the First 2007 General | ||||||
7 | Revisory Act. | ||||||
8 | (b) This Act is not intended to make any substantive change | ||||||
9 | in the law. It reconciles conflicts that have arisen from | ||||||
10 | multiple amendments and enactments and makes technical | ||||||
11 | corrections and revisions in the law. | ||||||
12 | This Act revises and, where appropriate, renumbers certain | ||||||
13 | Sections that have been added or amended by more than one | ||||||
14 | Public Act. In certain cases in which a repealed Act or Section | ||||||
15 | has been replaced with a successor law, this Act may | ||||||
16 | incorporate amendments to the repealed Act or Section into the | ||||||
17 | successor law. This Act also corrects errors, revises | ||||||
18 | cross-references, and deletes obsolete text. | ||||||
19 | (c) In this Act, the reference at the end of each amended | ||||||
20 | Section indicates the sources in the Session Laws of Illinois | ||||||
21 | that were used in the preparation of the text of that Section. | ||||||
22 | The text of the Section included in this Act is intended to | ||||||
23 | include the different versions of the Section found in the | ||||||
24 | Public Acts included in the list of sources, but may not |
| |||||||
| |||||||
1 | include other versions of the Section to be found in Public | ||||||
2 | Acts not included in the list of sources. The list of sources | ||||||
3 | is not a part of the text of the Section. | ||||||
4 | (d) Public Acts 92-520 through 94-1068 were considered in | ||||||
5 | the preparation of the combining revisories included in this | ||||||
6 | Act. Many of these combining revisories contain no striking or | ||||||
7 | underscoring because no additional changes are being made in | ||||||
8 | the material that is being combined. | ||||||
9 | Section 5. The Regulatory Sunset Act is amended by changing | ||||||
10 | Sections 4.17, 4.22, 4.23, 4.24, 4.26, and 4.27 as follows:
| ||||||
11 | (5 ILCS 80/4.17)
| ||||||
12 | Sec. 4.17. Acts repealed on January 1, 2007. The following | ||||||
13 | are repealed on
January 1, 2007:
| ||||||
14 | Articles II, III, IV, V, V 1/2, VI, VIIA, VIIB, VIIC, | ||||||
15 | XVII,
XXXI, XXXI 1/4, and XXXI 3/4 of the Illinois | ||||||
16 | Insurance Code.
| ||||||
17 | The Medical Practice Act of 1987.
| ||||||
18 | The Environmental Health Practitioner Licensing Act.
| ||||||
19 | (Source: P.A. 94-754, eff. 5-10-06; 94-787, eff. 5-19-06; | ||||||
20 | 94-870, eff. 6-16-06; 94-956, eff. 6-27-06; revised 8-3-06.)
| ||||||
21 | (5 ILCS 80/4.22)
| ||||||
22 | Sec. 4.22. Acts Act repealed on January 1, 2012. The | ||||||
23 | following
Acts are Act is repealed on January 1, 2012:
|
| |||||||
| |||||||
1 | The Detection of Deception Examiners Act.
| ||||||
2 | The Home Inspector License Act.
| ||||||
3 | The Interior Design Title Act.
| ||||||
4 | The Massage Licensing Act.
| ||||||
5 | The Petroleum Equipment Contractors Licensing Act.
| ||||||
6 | The Professional Boxing Act.
| ||||||
7 | The Real Estate Appraiser Licensing Act of 2002.
| ||||||
8 | The Water Well and Pump Installation Contractor's License | ||||||
9 | Act.
| ||||||
10 | (Source: P.A. 92-104, eff. 7-20-01; 92-180, eff. 7-1-02; | ||||||
11 | 92-239, eff. 8-3-01;
92-453, eff. 8-21-01; 92-499, eff. 1-1-02; | ||||||
12 | 92-500, eff. 12-18-01; 92-618, eff.
7-11-02; 92-651, eff. | ||||||
13 | 7-11-02; 92-860, eff. 6-1-03; revised 1-18-03.)
| ||||||
14 | (5 ILCS 80/4.23)
| ||||||
15 | Sec. 4.23. Acts and Sections
Act Section repealed on | ||||||
16 | January 1,
2013. The following Acts and Sections of Acts are
| ||||||
17 | Act Section is
repealed on January 1, 2013:
| ||||||
18 | The Dietetic and Nutrition Services Practice Act.
| ||||||
19 | The Elevator Safety and Regulation Act.
| ||||||
20 | The Funeral Directors and Embalmers Licensing Code.
| ||||||
21 | The Naprapathic Practice Act.
| ||||||
22 | The Professional Counselor and Clinical Professional | ||||||
23 | Counselor
Licensing Act.
| ||||||
24 | The Wholesale Drug Distribution Licensing Act.
| ||||||
25 | Section 2.5 of the Illinois Plumbing License Law.
|
| |||||||
| |||||||
1 | (Source: P.A. 92-586, eff. 6-26-02; 92-641, eff. 7-11-02; | ||||||
2 | 92-642, eff.
7-11-02; 92-655, eff. 7-16-02; 92-719, eff. | ||||||
3 | 7-25-02; 92-778, eff. 8-6-02;
92-873, eff. 6-1-03; revised | ||||||
4 | 1-18-03.)
| ||||||
5 | (5 ILCS 80/4.24)
| ||||||
6 | Sec. 4.24. Acts repealed on January 1, 2014. The following
| ||||||
7 | Acts are repealed
on January 1, 2014:
| ||||||
8 | The Electrologist Licensing Act.
| ||||||
9 | The Illinois Certified Shorthand Reporters Act of 1984.
| ||||||
10 | The Illinois Occupational Therapy Practice Act.
| ||||||
11 | The Illinois Public Accounting Act.
| ||||||
12 | The Private Detective, Private Alarm, Private Security, | ||||||
13 | and Locksmith Act
of 2004.
| ||||||
14 | The Registered Surgical Assistant and Registered Surgical | ||||||
15 | Technologist
Title Protection Act.
| ||||||
16 | The Veterinary Medicine and Surgery Practice Act of 2004.
| ||||||
17 | (Source: P.A. 92-457, eff. 8-21-01; 92-750, eff. 1-1-03; | ||||||
18 | 93-280, eff. 7-1-04;
93-281, eff. 12-31-03; 93-438, eff. | ||||||
19 | 8-5-03; 93-460, eff. 8-8-03; 93-461, eff.
8-8-03; revised | ||||||
20 | 10-29-04.)
| ||||||
21 | (5 ILCS 80/4.26)
| ||||||
22 | Sec. 4.26. Acts
Act repealed on January 1, 2016. The | ||||||
23 | following Acts are
Act is repealed on January 1, 2016: | ||||||
24 | The Illinois Athletic Trainers Practice Act.
|
| |||||||
| |||||||
1 | The Illinois Roofing Industry Licensing Act.
| ||||||
2 | The Illinois Dental Practice Act.
| ||||||
3 | The Collection Agency Act.
| ||||||
4 | The Barber, Cosmetology, Esthetics, and Nail Technology | ||||||
5 | Act of 1985.
| ||||||
6 | The Respiratory Care Practice Act.
| ||||||
7 | The Hearing Instrument Consumer Protection Act.
| ||||||
8 | The Illinois Physical Therapy Act.
| ||||||
9 | The Professional Geologist Licensing Act. | ||||||
10 | (Source: P.A. 94-246, eff. 1-1-06; 94-254, eff. 7-19-05; | ||||||
11 | 94-409, eff. 12-31-05; 94-414, eff. 12-31-05; 94-451, eff. | ||||||
12 | 12-31-05; 94-523, eff. 1-1-06; 94-527, eff. 12-31-05; 94-651, | ||||||
13 | eff. 1-1-06; 94-708, eff. 12-5-05; revised 12-8-05.) | ||||||
14 | (5 ILCS 80/4.27) | ||||||
15 | Sec. 4.27. Acts
Act repealed on January 1, 2017. The | ||||||
16 | following Acts are
Act is repealed on January 1, 2017:
| ||||||
17 | The Illinois Optometric Practice Act of 1987. | ||||||
18 | The Clinical Psychologist Licensing Act. | ||||||
19 | The Boiler and Pressure Vessel Repairer Regulation Act. | ||||||
20 | (Source: P.A. 94-787, eff. 5-19-06; 94-870, eff. 6-16-06; | ||||||
21 | 94-956, eff. 6-27-06; revised 8-3-06.)
| ||||||
22 | (5 ILCS 80/4.13 rep.)
| ||||||
23 | (5 ILCS 80/4.14 rep.)
| ||||||
24 | (5 ILCS 80/4.16 rep.)
|
| |||||||
| |||||||
1 | (5 ILCS 80/4.19a rep.)
| ||||||
2 | Section 7. The Regulatory Sunset Act is amended by | ||||||
3 | repealing Sections 4.13, 4.14, 4.16, and 4.19a. | ||||||
4 | Section 10. The Illinois Administrative Procedure Act is | ||||||
5 | amended by changing Sections 1-5, 1-20, 5-45, and 10-65 as | ||||||
6 | follows:
| ||||||
7 | (5 ILCS 100/1-5) (from Ch. 127, par. 1001-5)
| ||||||
8 | Sec. 1-5. Applicability.
| ||||||
9 | (a) This Act applies to every agency as defined in this | ||||||
10 | Act.
Beginning January 1, 1978, in case of conflict between the | ||||||
11 | provisions of
this Act and the Act creating or conferring power | ||||||
12 | on an agency, this Act
shall control. If, however, an agency | ||||||
13 | (or its predecessor in the case of
an agency that has been | ||||||
14 | consolidated or reorganized) has existing procedures
on July 1, | ||||||
15 | 1977, specifically for contested cases or licensing, those | ||||||
16 | existing
provisions control, except that this exception | ||||||
17 | respecting contested
cases and licensing does not apply if the | ||||||
18 | Act creating or conferring
power on the agency adopts by | ||||||
19 | express reference the provisions of this
Act. Where the Act | ||||||
20 | creating or conferring power on an agency
establishes | ||||||
21 | administrative procedures not covered by this Act, those
| ||||||
22 | procedures shall remain in effect.
| ||||||
23 | (b) The provisions of this Act do not apply to (i) | ||||||
24 | preliminary
hearings, investigations, or practices where no |
| |||||||
| |||||||
1 | final determinations
affecting State funding are made by the | ||||||
2 | State Board of Education, (ii) legal
opinions issued under | ||||||
3 | Section 2-3.7 of the School Code, (iii) as to State
colleges | ||||||
4 | and universities, their disciplinary and grievance | ||||||
5 | proceedings,
academic irregularity and capricious grading | ||||||
6 | proceedings, and admission
standards and procedures, and (iv) | ||||||
7 | the class specifications for positions
and individual position | ||||||
8 | descriptions prepared and maintained under the
Personnel Code. | ||||||
9 | Those class specifications shall, however, be made
reasonably | ||||||
10 | available to the public for inspection and copying. The
| ||||||
11 | provisions of this Act do not apply to hearings under Section | ||||||
12 | 20 of the
Uniform Disposition of Unclaimed Property Act.
| ||||||
13 | (c) Section 5-35 of this Act relating to procedures for | ||||||
14 | rulemaking
does not apply to the following:
| ||||||
15 | (1) Rules adopted by the Pollution Control Board that, | ||||||
16 | in accordance
with Section 7.2 of the Environmental | ||||||
17 | Protection Act, are identical in
substance to federal | ||||||
18 | regulations or amendments to those regulations
| ||||||
19 | implementing the following: Sections 3001, 3002, 3003, | ||||||
20 | 3004, 3005, and 9003
of the Solid Waste Disposal Act; | ||||||
21 | Section 105 of the Comprehensive Environmental
Response, | ||||||
22 | Compensation, and Liability Act of 1980; Sections 307(b), | ||||||
23 | 307(c),
307(d), 402(b)(8), and 402(b)(9) of the Federal | ||||||
24 | Water Pollution Control
Act; and Sections 1412(b), | ||||||
25 | 1414(c), 1417(a), 1421, and 1445(a) of the Safe
Drinking | ||||||
26 | Water Act.
|
| |||||||
| |||||||
1 | (2) Rules adopted by the Pollution Control Board that | ||||||
2 | establish or
amend standards for the emission of | ||||||
3 | hydrocarbons and carbon monoxide from
gasoline powered | ||||||
4 | motor vehicles subject to inspection under Section 13A-105
| ||||||
5 | of the Vehicle Emissions Inspection Law and rules adopted | ||||||
6 | under Section 13B-20
of the Vehicle Emissions Inspection | ||||||
7 | Law of 1995.
| ||||||
8 | (3) Procedural rules adopted by the Pollution Control | ||||||
9 | Board governing
requests for exceptions under Section 14.2 | ||||||
10 | of the Environmental Protection Act.
| ||||||
11 | (4) The Pollution Control Board's grant, pursuant to an
| ||||||
12 | adjudicatory determination, of an adjusted standard for | ||||||
13 | persons who can
justify an adjustment consistent with | ||||||
14 | subsection (a) of Section 27 of
the Environmental | ||||||
15 | Protection Act.
| ||||||
16 | (5) Rules adopted by the Pollution Control Board that | ||||||
17 | are identical in
substance to the regulations adopted by | ||||||
18 | the Office of the State Fire
Marshal under clause (ii) of | ||||||
19 | paragraph (b) of subsection (3) of Section 2
of the | ||||||
20 | Gasoline Storage Act.
| ||||||
21 | (d) Pay rates established under Section 8a of the Personnel | ||||||
22 | Code
shall be amended or repealed pursuant to the process set | ||||||
23 | forth in Section
5-50 within 30 days after it becomes necessary | ||||||
24 | to do so due to a conflict
between the rates and the terms of a | ||||||
25 | collective bargaining agreement
covering the compensation of | ||||||
26 | an employee subject to that Code.
|
| |||||||
| |||||||
1 | (e) Section 10-45 of this Act shall not apply to any | ||||||
2 | hearing, proceeding,
or investigation conducted under Section | ||||||
3 | 13-515 of the Public Utilities Act.
| ||||||
4 | (f) Article 10 of this Act does not apply to any hearing, | ||||||
5 | proceeding, or
investigation conducted by the State Council for | ||||||
6 | the State of Illinois created
under Section 3-3-11.05 of the | ||||||
7 | Unified Code of Corrections or by the Interstate
Commission
| ||||||
8 | Commision for Adult Offender Supervision created under the
| ||||||
9 | Interstate Compact for Adult Offender Supervision.
| ||||||
10 | (Source: P.A. 92-571, eff. 6-26-02; revised 7-25-02.)
| ||||||
11 | (5 ILCS 100/1-20) (from Ch. 127, par. 1001-20)
| ||||||
12 | Sec. 1-20. "Agency" means each officer, board, commission, | ||||||
13 | and agency
created by the Constitution, whether in the | ||||||
14 | executive, legislative, or
judicial branch of State | ||||||
15 | government, but other than the circuit court; each
officer, | ||||||
16 | department, board, commission, agency, institution, authority,
| ||||||
17 | university, and body politic and corporate of the State; each
| ||||||
18 | administrative unit or corporate outgrowth of the State | ||||||
19 | government that is
created by or pursuant to statute, other | ||||||
20 | than units of local government and
their officers, school | ||||||
21 | districts, and boards of election commissioners; and
each | ||||||
22 | administrative unit or corporate outgrowth of the above and as | ||||||
23 | may be
created by executive order of the Governor. "Agency", | ||||||
24 | however, does not
include the following:
| ||||||
25 | (1) The House of Representatives and Senate and their |
| |||||||
| |||||||
1 | respective
standing and service committees, including | ||||||
2 | without limitation the
Board of the Office of the Architect | ||||||
3 | of the Capitol and the Architect of the
Capitol established | ||||||
4 | under
the Legislative Commission Reorganization Act of | ||||||
5 | 1984.
| ||||||
6 | (2) The Governor.
| ||||||
7 | (3) The justices and judges of the Supreme and | ||||||
8 | Appellate Courts.
| ||||||
9 | (4) The Legislative Ethics Commission.
| ||||||
10 | (Source: P.A. 93-617, eff. 12-9-03; 93-632, eff. 2-1-04; | ||||||
11 | revised 1-9-04.)
| ||||||
12 | (5 ILCS 100/5-45) (from Ch. 127, par. 1005-45)
| ||||||
13 | Sec. 5-45. Emergency rulemaking.
| ||||||
14 | (a) "Emergency" means the existence of any situation that | ||||||
15 | any agency
finds reasonably constitutes a threat to the public | ||||||
16 | interest, safety, or
welfare.
| ||||||
17 | (b) If any agency finds that an
emergency exists that | ||||||
18 | requires adoption of a rule upon fewer days than
is required by | ||||||
19 | Section 5-40 and states in writing its reasons for that
| ||||||
20 | finding, the agency may adopt an emergency rule without prior | ||||||
21 | notice or
hearing upon filing a notice of emergency rulemaking | ||||||
22 | with the Secretary of
State under Section 5-70. The notice | ||||||
23 | shall include the text of the
emergency rule and shall be | ||||||
24 | published in the Illinois Register. Consent
orders or other | ||||||
25 | court orders adopting settlements negotiated by an agency
may |
| |||||||
| |||||||
1 | be adopted under this Section. Subject to applicable | ||||||
2 | constitutional or
statutory provisions, an emergency rule | ||||||
3 | becomes effective immediately upon
filing under Section 5-65 or | ||||||
4 | at a stated date less than 10 days
thereafter. The agency's | ||||||
5 | finding and a statement of the specific reasons
for the finding | ||||||
6 | shall be filed with the rule. The agency shall take
reasonable | ||||||
7 | and appropriate measures to make emergency rules known to the
| ||||||
8 | persons who may be affected by them.
| ||||||
9 | (c) An emergency rule may be effective for a period of not | ||||||
10 | longer than
150 days, but the agency's authority to adopt an | ||||||
11 | identical rule under Section
5-40 is not precluded. No | ||||||
12 | emergency rule may be adopted more
than once in any 24 month | ||||||
13 | period, except that this limitation on the number
of emergency | ||||||
14 | rules that may be adopted in a 24 month period does not apply
| ||||||
15 | to (i) emergency rules that make additions to and deletions | ||||||
16 | from the Drug
Manual under Section 5-5.16 of the Illinois | ||||||
17 | Public Aid Code or the
generic drug formulary under Section | ||||||
18 | 3.14 of the Illinois Food, Drug
and Cosmetic Act, (ii) | ||||||
19 | emergency rules adopted by the Pollution Control
Board before | ||||||
20 | July 1, 1997 to implement portions of the Livestock Management
| ||||||
21 | Facilities Act, or (iii) emergency rules adopted by the | ||||||
22 | Illinois Department of Public Health under subsections (a) | ||||||
23 | through (i) of Section 2 of the Department of Public Health Act | ||||||
24 | when necessary to protect the public's health. Two or more | ||||||
25 | emergency rules having substantially the same
purpose and | ||||||
26 | effect shall be deemed to be a single rule for purposes of this
|
| |||||||
| |||||||
1 | Section.
| ||||||
2 | (d) In order to provide for the expeditious and timely | ||||||
3 | implementation
of the State's fiscal year 1999 budget, | ||||||
4 | emergency rules to implement any
provision of Public Act 90-587 | ||||||
5 | or 90-588
or any other budget initiative for fiscal year 1999 | ||||||
6 | may be adopted in
accordance with this Section by the agency | ||||||
7 | charged with administering that
provision or initiative, | ||||||
8 | except that the 24-month limitation on the adoption
of | ||||||
9 | emergency rules and the provisions of Sections 5-115 and 5-125 | ||||||
10 | do not apply
to rules adopted under this subsection (d). The | ||||||
11 | adoption of emergency rules
authorized by this subsection (d) | ||||||
12 | shall be deemed to be necessary for the
public interest, | ||||||
13 | safety, and welfare.
| ||||||
14 | (e) In order to provide for the expeditious and timely | ||||||
15 | implementation
of the State's fiscal year 2000 budget, | ||||||
16 | emergency rules to implement any
provision of this amendatory | ||||||
17 | Act of the 91st General Assembly
or any other budget initiative | ||||||
18 | for fiscal year 2000 may be adopted in
accordance with this | ||||||
19 | Section by the agency charged with administering that
provision | ||||||
20 | or initiative, except that the 24-month limitation on the | ||||||
21 | adoption
of emergency rules and the provisions of Sections | ||||||
22 | 5-115 and 5-125 do not apply
to rules adopted under this | ||||||
23 | subsection (e). The adoption of emergency rules
authorized by | ||||||
24 | this subsection (e) shall be deemed to be necessary for the
| ||||||
25 | public interest, safety, and welfare.
| ||||||
26 | (f) In order to provide for the expeditious and timely |
| |||||||
| |||||||
1 | implementation
of the State's fiscal year 2001 budget, | ||||||
2 | emergency rules to implement any
provision of this amendatory | ||||||
3 | Act of the 91st General Assembly
or any other budget initiative | ||||||
4 | for fiscal year 2001 may be adopted in
accordance with this | ||||||
5 | Section by the agency charged with administering that
provision | ||||||
6 | or initiative, except that the 24-month limitation on the | ||||||
7 | adoption
of emergency rules and the provisions of Sections | ||||||
8 | 5-115 and 5-125 do not apply
to rules adopted under this | ||||||
9 | subsection (f). The adoption of emergency rules
authorized by | ||||||
10 | this subsection (f) shall be deemed to be necessary for the
| ||||||
11 | public interest, safety, and welfare.
| ||||||
12 | (g) In order to provide for the expeditious and timely | ||||||
13 | implementation
of the State's fiscal year 2002 budget, | ||||||
14 | emergency rules to implement any
provision of this amendatory | ||||||
15 | Act of the 92nd General Assembly
or any other budget initiative | ||||||
16 | for fiscal year 2002 may be adopted in
accordance with this | ||||||
17 | Section by the agency charged with administering that
provision | ||||||
18 | or initiative, except that the 24-month limitation on the | ||||||
19 | adoption
of emergency rules and the provisions of Sections | ||||||
20 | 5-115 and 5-125 do not apply
to rules adopted under this | ||||||
21 | subsection (g). The adoption of emergency rules
authorized by | ||||||
22 | this subsection (g) shall be deemed to be necessary for the
| ||||||
23 | public interest, safety, and welfare.
| ||||||
24 | (h) In order to provide for the expeditious and timely | ||||||
25 | implementation
of the State's fiscal year 2003 budget, | ||||||
26 | emergency rules to implement any
provision of this amendatory |
| |||||||
| |||||||
1 | Act of the 92nd General Assembly
or any other budget initiative | ||||||
2 | for fiscal year 2003 may be adopted in
accordance with this | ||||||
3 | Section by the agency charged with administering that
provision | ||||||
4 | or initiative, except that the 24-month limitation on the | ||||||
5 | adoption
of emergency rules and the provisions of Sections | ||||||
6 | 5-115 and 5-125 do not apply
to rules adopted under this | ||||||
7 | subsection (h). The adoption of emergency rules
authorized by | ||||||
8 | this subsection (h) shall be deemed to be necessary for the
| ||||||
9 | public interest, safety, and welfare.
| ||||||
10 | (i) In order to provide for the expeditious and timely | ||||||
11 | implementation
of the State's fiscal year 2004 budget, | ||||||
12 | emergency rules to implement any
provision of this amendatory | ||||||
13 | Act of the 93rd General Assembly
or any other budget initiative | ||||||
14 | for fiscal year 2004 may be adopted in
accordance with this | ||||||
15 | Section by the agency charged with administering that
provision | ||||||
16 | or initiative, except that the 24-month limitation on the | ||||||
17 | adoption
of emergency rules and the provisions of Sections | ||||||
18 | 5-115 and 5-125 do not apply
to rules adopted under this | ||||||
19 | subsection (i). The adoption of emergency rules
authorized by | ||||||
20 | this subsection (i) shall be deemed to be necessary for the
| ||||||
21 | public interest, safety, and welfare.
| ||||||
22 | (j) In order to provide for the expeditious and timely | ||||||
23 | implementation of the provisions of the State's fiscal year | ||||||
24 | 2005 budget as provided under the Fiscal Year 2005 Budget | ||||||
25 | Implementation (Human Services) Act, emergency rules to | ||||||
26 | implement any provision of the Fiscal Year 2005 Budget |
| |||||||
| |||||||
1 | Implementation (Human Services) Act may be adopted in | ||||||
2 | accordance with this Section by the agency charged with | ||||||
3 | administering that provision, except that the 24-month | ||||||
4 | limitation on the adoption of emergency rules and the | ||||||
5 | provisions of Sections 5-115 and 5-125 do not apply to rules | ||||||
6 | adopted under this subsection (j). The Department of Public Aid | ||||||
7 | may also adopt rules under this subsection (j) necessary to | ||||||
8 | administer the Illinois Public Aid Code and the Children's | ||||||
9 | Health Insurance Program Act. The adoption of emergency rules | ||||||
10 | authorized by this subsection (j) shall be deemed to be | ||||||
11 | necessary for the public interest, safety, and welfare.
| ||||||
12 | (k) In order to provide for the expeditious and timely | ||||||
13 | implementation of the provisions of the State's fiscal year | ||||||
14 | 2006 budget, emergency rules to implement any provision of this | ||||||
15 | amendatory Act of the 94th General Assembly or any other budget | ||||||
16 | initiative for fiscal year 2006 may be adopted in accordance | ||||||
17 | with this Section by the agency charged with administering that | ||||||
18 | provision or initiative, except that the 24-month limitation on | ||||||
19 | the adoption of emergency rules and the provisions of Sections | ||||||
20 | 5-115 and 5-125 do not apply to rules adopted under this | ||||||
21 | subsection (k). The Department of Healthcare and Family | ||||||
22 | Services may also adopt rules under this subsection (k) | ||||||
23 | necessary to administer the Illinois Public Aid Code, the | ||||||
24 | Senior Citizens and Disabled Persons Property Tax Relief and | ||||||
25 | Pharmaceutical Assistance Act, the Senior Citizens and | ||||||
26 | Disabled Persons Prescription Drug Discount Program Act (now |
| |||||||
| |||||||
1 | the Illinois Prescription Drug Discount Program Act) , and the | ||||||
2 | Children's Health Insurance Program Act. The adoption of | ||||||
3 | emergency rules authorized by this subsection (k) shall be | ||||||
4 | deemed to be necessary for the public interest, safety, and | ||||||
5 | welfare.
| ||||||
6 | (l) In order to provide for the expeditious and timely | ||||||
7 | implementation of the provisions of the
State's fiscal year | ||||||
8 | 2007 budget, the Department of Healthcare and Family Services | ||||||
9 | may adopt emergency rules during fiscal year 2007, including | ||||||
10 | rules effective July 1, 2007, in
accordance with this | ||||||
11 | subsection to the extent necessary to administer the | ||||||
12 | Department's responsibilities with respect to amendments to | ||||||
13 | the State plans and Illinois waivers approved by the federal | ||||||
14 | Centers for Medicare and Medicaid Services necessitated by the | ||||||
15 | requirements of Title XIX and Title XXI of the federal Social | ||||||
16 | Security Act. The adoption of emergency rules
authorized by | ||||||
17 | this subsection (l) shall be deemed to be necessary for the | ||||||
18 | public interest,
safety, and welfare.
| ||||||
19 | (Source: P.A. 93-20, eff. 6-20-03; 93-829, eff. 7-28-04; | ||||||
20 | 93-841, eff. 7-30-04; 94-48, eff. 7-1-05; 94-838, eff. 6-6-06; | ||||||
21 | revised 10-19-06.)
| ||||||
22 | (5 ILCS 100/10-65) (from Ch. 127, par. 1010-65)
| ||||||
23 | Sec. 10-65. Licenses.
| ||||||
24 | (a) When any licensing is required by law to be preceded by | ||||||
25 | notice and
an opportunity for a hearing, the provisions of this |
| |||||||
| |||||||
1 | Act concerning
contested cases shall apply.
| ||||||
2 | (b) When a licensee has made timely and sufficient | ||||||
3 | application for
the renewal of a license or a new license with | ||||||
4 | reference to any activity
of a continuing nature, the existing | ||||||
5 | license shall continue in full
force and effect until the final | ||||||
6 | agency decision on the application has
been made unless a later | ||||||
7 | date is fixed by order of a reviewing court.
| ||||||
8 | (c) Except as provided in Section 1-27 of the Department of | ||||||
9 | Natural
Resources Act, an application for the renewal of a | ||||||
10 | license or a new license
shall include the applicant's social | ||||||
11 | security number. Each agency shall require
the licensee to | ||||||
12 | certify on the
application form, under penalty of perjury, that | ||||||
13 | he or she is not more than
30 days delinquent in complying with | ||||||
14 | a child support order. Every
application shall state that | ||||||
15 | failure to so certify shall result in
disciplinary action, and | ||||||
16 | that making a false statement may subject
the licensee
to | ||||||
17 | contempt of court. The agency shall notify each applicant or | ||||||
18 | licensee
who
acknowledges a delinquency or who, contrary to his | ||||||
19 | or her certification, is
found to be delinquent or who after | ||||||
20 | receiving notice, fails to comply with a
subpoena or warrant | ||||||
21 | relating to a paternity or a child support proceeding,
that the | ||||||
22 | agency intends to take disciplinary
action. Accordingly, the | ||||||
23 | agency shall provide written notice of the facts
or conduct | ||||||
24 | upon which the agency will rely to support its proposed action
| ||||||
25 | and the applicant or licensee shall be given an opportunity for | ||||||
26 | a hearing
in accordance
with the provisions of the Act |
| |||||||
| |||||||
1 | concerning contested cases. Any delinquency
in complying with a | ||||||
2 | child support order can be remedied by arranging for
payment of | ||||||
3 | past due and current support. Any failure to comply with a
| ||||||
4 | subpoena or warrant relating to a paternity or child support | ||||||
5 | proceeding can be
remedied by complying with the subpoena or | ||||||
6 | warrant. Upon a final finding of
delinquency or failure to | ||||||
7 | comply with a subpoena or warrant, the agency
shall suspend, | ||||||
8 | revoke, or refuse to issue or renew the license.
In cases in | ||||||
9 | which the Department of Healthcare and Family Services | ||||||
10 | (formerly Department of Public Aid ) has previously determined | ||||||
11 | that
an applicant or a
licensee is more than 30 days delinquent | ||||||
12 | in the
payment
of child support and has subsequently certified | ||||||
13 | the delinquency to the
licensing agency,
and in cases in which | ||||||
14 | a court has previously determined that an applicant or
licensee | ||||||
15 | has
been in violation of the Non-Support Punishment Act
for | ||||||
16 | more than 60 days,
the licensing agency shall refuse to issue | ||||||
17 | or
renew or shall
revoke or suspend that person's license based | ||||||
18 | solely upon the certification of
delinquency made
by
the | ||||||
19 | Department of Healthcare and Family Services (formerly
| ||||||
20 | Department of Public Aid ) or the certification of violation | ||||||
21 | made by the
court. Further process, hearings, or
| ||||||
22 | redetermination of the delinquency or violation by the
| ||||||
23 | licensing agency shall not be required. The licensing agency | ||||||
24 | may issue or
renew a license if the licensee has arranged for | ||||||
25 | payment of
past and current child support obligations in a | ||||||
26 | manner satisfactory to
the
Department of Healthcare and Family |
| |||||||
| |||||||
1 | Services (formerly Department of Public Aid ) or the court. The | ||||||
2 | licensing agency may impose
conditions,
restrictions, or | ||||||
3 | disciplinary action upon that license.
| ||||||
4 | (d) Except as provided in subsection (c), no agency shall | ||||||
5 | revoke,
suspend, annul, withdraw, amend
materially, or refuse | ||||||
6 | to renew any valid license without first giving
written notice | ||||||
7 | to the licensee of the facts or conduct upon which the
agency | ||||||
8 | will rely to support its proposed action and an opportunity for
| ||||||
9 | a hearing in accordance with the provisions of this Act | ||||||
10 | concerning
contested cases. At the hearing, the licensee shall | ||||||
11 | have the right
to show compliance with all lawful requirements | ||||||
12 | for the retention,
continuation, or renewal of the license. If, | ||||||
13 | however, the agency finds
that the public interest, safety, or | ||||||
14 | welfare imperatively requires
emergency action, and if the | ||||||
15 | agency incorporates a finding to that
effect in its order, | ||||||
16 | summary suspension of a license may be ordered
pending | ||||||
17 | proceedings for revocation or other action. Those proceedings
| ||||||
18 | shall be promptly instituted and determined.
| ||||||
19 | (e) Any application for renewal of a license that contains
| ||||||
20 | required and relevant information, data, material, or | ||||||
21 | circumstances that
were not contained in an application for the | ||||||
22 | existing license shall be
subject to the provisions of | ||||||
23 | subsection (a).
| ||||||
24 | (Source: P.A. 94-40, eff. 1-1-06; revised 12-15-05.)
| ||||||
25 | Section 15. The Freedom of Information Act is amended by |
| |||||||
| |||||||
1 | changing Sections 7 and 7.1 as follows: | ||||||
2 | (5 ILCS 140/7) (from Ch. 116, par. 207)
| ||||||
3 | Sec. 7. Exemptions.
| ||||||
4 | (1) The following shall be exempt from inspection and | ||||||
5 | copying:
| ||||||
6 | (a) Information specifically prohibited from | ||||||
7 | disclosure by federal or
State law or rules and regulations | ||||||
8 | adopted under federal or State law.
| ||||||
9 | (b) Information that, if disclosed, would constitute a | ||||||
10 | clearly
unwarranted invasion of personal privacy, unless | ||||||
11 | the disclosure is
consented to in writing by the individual | ||||||
12 | subjects of the information. The
disclosure of information | ||||||
13 | that bears on the public duties of public
employees and | ||||||
14 | officials shall not be considered an invasion of personal
| ||||||
15 | privacy. Information exempted under this subsection (b) | ||||||
16 | shall include but
is not limited to:
| ||||||
17 | (i) files and personal information maintained with | ||||||
18 | respect to
clients, patients, residents, students or | ||||||
19 | other individuals receiving
social, medical, | ||||||
20 | educational, vocational, financial, supervisory or
| ||||||
21 | custodial care or services directly or indirectly from | ||||||
22 | federal agencies
or public bodies;
| ||||||
23 | (ii) personnel files and personal information | ||||||
24 | maintained with
respect to employees, appointees or | ||||||
25 | elected officials of any public body or
applicants for |
| |||||||
| |||||||
1 | those positions;
| ||||||
2 | (iii) files and personal information maintained | ||||||
3 | with respect to any
applicant, registrant or licensee | ||||||
4 | by any public body cooperating with or
engaged in | ||||||
5 | professional or occupational registration, licensure | ||||||
6 | or discipline;
| ||||||
7 | (iv) information required of any taxpayer in | ||||||
8 | connection with the
assessment or collection of any tax | ||||||
9 | unless disclosure is otherwise required
by State | ||||||
10 | statute;
| ||||||
11 | (v) information revealing the identity of persons | ||||||
12 | who file complaints
with or provide information to | ||||||
13 | administrative, investigative, law enforcement
or | ||||||
14 | penal agencies; provided, however, that identification | ||||||
15 | of witnesses to
traffic accidents, traffic accident | ||||||
16 | reports, and rescue reports may be provided
by agencies | ||||||
17 | of local government, except in a case for which a | ||||||
18 | criminal
investigation is ongoing, without | ||||||
19 | constituting a clearly unwarranted per se
invasion of | ||||||
20 | personal privacy under this subsection; and
| ||||||
21 | (vi) the names, addresses, or other personal | ||||||
22 | information of
participants and registrants in park | ||||||
23 | district, forest preserve district, and
conservation | ||||||
24 | district programs.
| ||||||
25 | (c) Records compiled by any public body for | ||||||
26 | administrative enforcement
proceedings and any law |
| |||||||
| |||||||
1 | enforcement or correctional agency for
law enforcement | ||||||
2 | purposes or for internal matters of a public body,
but only | ||||||
3 | to the extent that disclosure would:
| ||||||
4 | (i) interfere with pending or actually and | ||||||
5 | reasonably contemplated
law enforcement proceedings | ||||||
6 | conducted by any law enforcement or correctional
| ||||||
7 | agency;
| ||||||
8 | (ii) interfere with pending administrative | ||||||
9 | enforcement proceedings
conducted by any public body;
| ||||||
10 | (iii) deprive a person of a fair trial or an | ||||||
11 | impartial hearing;
| ||||||
12 | (iv) unavoidably disclose the identity of a | ||||||
13 | confidential source or
confidential information | ||||||
14 | furnished only by the confidential source;
| ||||||
15 | (v) disclose unique or specialized investigative | ||||||
16 | techniques other than
those generally used and known or | ||||||
17 | disclose internal documents of
correctional agencies | ||||||
18 | related to detection, observation or investigation of
| ||||||
19 | incidents of crime or misconduct;
| ||||||
20 | (vi) constitute an invasion of personal privacy | ||||||
21 | under subsection (b) of
this Section;
| ||||||
22 | (vii) endanger the life or physical safety of law | ||||||
23 | enforcement personnel
or any other person; or
| ||||||
24 | (viii) obstruct an ongoing criminal investigation.
| ||||||
25 | (d) Criminal history record information maintained by | ||||||
26 | State or local
criminal justice agencies, except the |
| |||||||
| |||||||
1 | following which shall be open for
public inspection and | ||||||
2 | copying:
| ||||||
3 | (i) chronologically maintained arrest information, | ||||||
4 | such as traditional
arrest logs or blotters;
| ||||||
5 | (ii) the name of a person in the custody of a law | ||||||
6 | enforcement agency and
the charges for which that | ||||||
7 | person is being held;
| ||||||
8 | (iii) court records that are public;
| ||||||
9 | (iv) records that are otherwise available under | ||||||
10 | State or local law; or
| ||||||
11 | (v) records in which the requesting party is the | ||||||
12 | individual
identified, except as provided under part | ||||||
13 | (vii) of
paragraph (c) of subsection (1) of this | ||||||
14 | Section.
| ||||||
15 | "Criminal history record information" means data | ||||||
16 | identifiable to an
individual and consisting of | ||||||
17 | descriptions or notations of arrests,
detentions, | ||||||
18 | indictments, informations, pre-trial proceedings, trials, | ||||||
19 | or
other formal events in the criminal justice system or | ||||||
20 | descriptions or
notations of criminal charges (including | ||||||
21 | criminal violations of local
municipal ordinances) and the | ||||||
22 | nature of any disposition arising therefrom,
including | ||||||
23 | sentencing, court or correctional supervision, | ||||||
24 | rehabilitation and
release. The term does not apply to | ||||||
25 | statistical records and reports in
which individuals are | ||||||
26 | not identified and from which
their identities are not |
| |||||||
| |||||||
1 | ascertainable, or to information that is for
criminal | ||||||
2 | investigative or intelligence purposes.
| ||||||
3 | (e) Records that relate to or affect the security of | ||||||
4 | correctional
institutions and detention facilities.
| ||||||
5 | (f) Preliminary drafts, notes, recommendations, | ||||||
6 | memoranda and other
records in which opinions are | ||||||
7 | expressed, or policies or actions are
formulated, except | ||||||
8 | that a specific record or relevant portion of a
record | ||||||
9 | shall not be exempt when the record is publicly cited
and | ||||||
10 | identified by the head of the public body. The exemption | ||||||
11 | provided in
this paragraph (f) extends to all those records | ||||||
12 | of officers and agencies
of the General Assembly that | ||||||
13 | pertain to the preparation of legislative
documents.
| ||||||
14 | (g) Trade secrets and commercial or financial | ||||||
15 | information obtained from
a person or business where the | ||||||
16 | trade secrets or information are
proprietary, privileged | ||||||
17 | or confidential, or where disclosure of the trade
secrets | ||||||
18 | or information may cause competitive harm, including: | ||||||
19 | (i) All
information determined to be confidential | ||||||
20 | under Section 4002 of the
Technology Advancement and | ||||||
21 | Development Act. | ||||||
22 | (ii) All trade secrets and commercial or financial | ||||||
23 | information obtained by a public body, including a | ||||||
24 | public pension fund, from a private equity fund or a | ||||||
25 | privately held company within the investment portfolio | ||||||
26 | of a private equity fund as a result of either |
| |||||||
| |||||||
1 | investing or evaluating a potential investment of | ||||||
2 | public funds in a private equity fund. The exemption | ||||||
3 | contained in this item does not apply to the aggregate | ||||||
4 | financial performance information of a private equity | ||||||
5 | fund, nor to the identity of the fund's managers or | ||||||
6 | general partners. The exemption contained in this item | ||||||
7 | does not apply to the identity of a privately held | ||||||
8 | company within the investment portfolio of a private | ||||||
9 | equity fund, unless the disclosure of the identity of a | ||||||
10 | privately held company may cause competitive harm.
| ||||||
11 | Nothing contained in this
paragraph (g) shall be construed | ||||||
12 | to prevent a person or business from
consenting to disclosure.
| ||||||
13 | (h) Proposals and bids for any contract, grant, or | ||||||
14 | agreement, including
information which if it were | ||||||
15 | disclosed would frustrate procurement or give
an advantage | ||||||
16 | to any person proposing to enter into a contractor | ||||||
17 | agreement
with the body, until an award or final selection | ||||||
18 | is made. Information
prepared by or for the body in | ||||||
19 | preparation of a bid solicitation shall be
exempt until an | ||||||
20 | award or final selection is made.
| ||||||
21 | (i) Valuable formulae,
computer geographic systems,
| ||||||
22 | designs, drawings and research data obtained or
produced by | ||||||
23 | any public body when disclosure could reasonably be | ||||||
24 | expected to
produce private gain or public loss.
The | ||||||
25 | exemption for "computer geographic systems" provided in | ||||||
26 | this paragraph
(i) does not extend to requests made by news |
| |||||||
| |||||||
1 | media as defined in Section 2 of
this Act when the | ||||||
2 | requested information is not otherwise exempt and the only
| ||||||
3 | purpose of the request is to access and disseminate | ||||||
4 | information regarding the
health, safety, welfare, or | ||||||
5 | legal rights of the general public.
| ||||||
6 | (j) Test questions, scoring keys and other examination | ||||||
7 | data used to
administer an academic examination or | ||||||
8 | determined the qualifications of an
applicant for a license | ||||||
9 | or employment.
| ||||||
10 | (k) Architects' plans, engineers' technical | ||||||
11 | submissions, and
other
construction related technical | ||||||
12 | documents for
projects not constructed or developed in | ||||||
13 | whole or in part with public funds
and the same for | ||||||
14 | projects constructed or developed with public funds, but
| ||||||
15 | only to the extent
that disclosure would compromise | ||||||
16 | security, including but not limited to water
treatment | ||||||
17 | facilities, airport facilities, sport stadiums, convention | ||||||
18 | centers,
and all government owned, operated, or occupied | ||||||
19 | buildings.
| ||||||
20 | (l) Library circulation and order records identifying | ||||||
21 | library users with
specific materials.
| ||||||
22 | (m) Minutes of meetings of public bodies closed to the
| ||||||
23 | public as provided in the Open Meetings Act until the | ||||||
24 | public body
makes the minutes available to the public under | ||||||
25 | Section 2.06 of the Open
Meetings Act.
| ||||||
26 | (n) Communications between a public body and an |
| |||||||
| |||||||
1 | attorney or auditor
representing the public body that would | ||||||
2 | not be subject to discovery in
litigation, and materials | ||||||
3 | prepared or compiled by or for a public body in
| ||||||
4 | anticipation of a criminal, civil or administrative | ||||||
5 | proceeding upon the
request of an attorney advising the | ||||||
6 | public body, and materials prepared or
compiled with | ||||||
7 | respect to internal audits of public bodies.
| ||||||
8 | (o) Information received by a primary or secondary | ||||||
9 | school, college or
university under its procedures for the | ||||||
10 | evaluation of faculty members by
their academic peers.
| ||||||
11 | (p) Administrative or technical information associated | ||||||
12 | with automated
data processing operations, including but | ||||||
13 | not limited to software,
operating protocols, computer | ||||||
14 | program abstracts, file layouts, source
listings, object | ||||||
15 | modules, load modules, user guides, documentation
| ||||||
16 | pertaining to all logical and physical design of | ||||||
17 | computerized systems,
employee manuals, and any other | ||||||
18 | information that, if disclosed, would
jeopardize the | ||||||
19 | security of the system or its data or the security of
| ||||||
20 | materials exempt under this Section.
| ||||||
21 | (q) Documents or materials relating to collective | ||||||
22 | negotiating matters
between public bodies and their | ||||||
23 | employees or representatives, except that
any final | ||||||
24 | contract or agreement shall be subject to inspection and | ||||||
25 | copying.
| ||||||
26 | (r) Drafts, notes, recommendations and memoranda |
| |||||||
| |||||||
1 | pertaining to the
financing and marketing transactions of | ||||||
2 | the public body. The records of
ownership, registration, | ||||||
3 | transfer, and exchange of municipal debt
obligations, and | ||||||
4 | of persons to whom payment with respect to these | ||||||
5 | obligations
is made.
| ||||||
6 | (s) The records, documents and information relating to | ||||||
7 | real estate
purchase negotiations until those negotiations | ||||||
8 | have been completed or
otherwise terminated. With regard to | ||||||
9 | a parcel involved in a pending or
actually and reasonably | ||||||
10 | contemplated eminent domain proceeding under the Eminent | ||||||
11 | Domain Act, records, documents and
information relating to | ||||||
12 | that parcel shall be exempt except as may be
allowed under | ||||||
13 | discovery rules adopted by the Illinois Supreme Court. The
| ||||||
14 | records, documents and information relating to a real | ||||||
15 | estate sale shall be
exempt until a sale is consummated.
| ||||||
16 | (t) Any and all proprietary information and records | ||||||
17 | related to the
operation of an intergovernmental risk | ||||||
18 | management association or
self-insurance pool or jointly | ||||||
19 | self-administered health and accident
cooperative or pool.
| ||||||
20 | (u) Information concerning a university's adjudication | ||||||
21 | of student or
employee grievance or disciplinary cases, to | ||||||
22 | the extent that disclosure
would reveal the identity of the | ||||||
23 | student or employee and information
concerning any public | ||||||
24 | body's adjudication of student or employee grievances
or | ||||||
25 | disciplinary cases, except for the final outcome of the | ||||||
26 | cases.
|
| |||||||
| |||||||
1 | (v) Course materials or research materials used by | ||||||
2 | faculty members.
| ||||||
3 | (w) Information related solely to the internal | ||||||
4 | personnel rules and
practices of a public body.
| ||||||
5 | (x) Information contained in or related to | ||||||
6 | examination, operating, or
condition reports prepared by, | ||||||
7 | on behalf of, or for the use of a public
body responsible | ||||||
8 | for the regulation or supervision of financial
| ||||||
9 | institutions or insurance companies, unless disclosure is | ||||||
10 | otherwise
required by State law.
| ||||||
11 | (y) Information the disclosure of which is restricted | ||||||
12 | under Section
5-108 of the Public Utilities Act.
| ||||||
13 | (z) Manuals or instruction to staff that relate to | ||||||
14 | establishment or
collection of liability for any State tax | ||||||
15 | or that relate to investigations
by a public body to | ||||||
16 | determine violation of any criminal law.
| ||||||
17 | (aa) Applications, related documents, and medical | ||||||
18 | records received by
the Experimental Organ Transplantation | ||||||
19 | Procedures Board and any and all
documents or other records | ||||||
20 | prepared by the Experimental Organ
Transplantation | ||||||
21 | Procedures Board or its staff relating to applications
it | ||||||
22 | has received.
| ||||||
23 | (bb) Insurance or self insurance (including any | ||||||
24 | intergovernmental risk
management association or self | ||||||
25 | insurance pool) claims, loss or risk
management | ||||||
26 | information, records, data, advice or communications.
|
| |||||||
| |||||||
1 | (cc) Information and records held by the Department of | ||||||
2 | Public Health and
its authorized representatives relating | ||||||
3 | to known or suspected cases of
sexually transmissible | ||||||
4 | disease or any information the disclosure of which
is | ||||||
5 | restricted under the Illinois Sexually Transmissible | ||||||
6 | Disease Control Act.
| ||||||
7 | (dd) Information the disclosure of which is exempted | ||||||
8 | under Section 30
of the Radon Industry Licensing Act.
| ||||||
9 | (ee) Firm performance evaluations under Section 55 of | ||||||
10 | the
Architectural, Engineering, and Land Surveying | ||||||
11 | Qualifications Based
Selection Act.
| ||||||
12 | (ff) Security portions of system safety program plans, | ||||||
13 | investigation
reports, surveys, schedules, lists, data, or | ||||||
14 | information compiled, collected,
or prepared by or for the | ||||||
15 | Regional Transportation Authority under Section 2.11
of | ||||||
16 | the Regional Transportation Authority Act or the St. Clair | ||||||
17 | County Transit
District under the
Bi-State Transit Safety | ||||||
18 | Act.
| ||||||
19 | (gg) Information the disclosure of which is restricted | ||||||
20 | and
exempted under Section 50 of the Illinois Prepaid | ||||||
21 | Tuition Act.
| ||||||
22 | (hh) Information the disclosure of which is
exempted | ||||||
23 | under the State Officials and Employees Ethics Act.
| ||||||
24 | (ii) Beginning July 1, 1999, information that would | ||||||
25 | disclose
or might lead to the disclosure of
secret or | ||||||
26 | confidential information, codes, algorithms, programs, or |
| |||||||
| |||||||
1 | private
keys intended to be used to create electronic or | ||||||
2 | digital signatures under the
Electronic Commerce Security | ||||||
3 | Act.
| ||||||
4 | (jj) Information contained in a local emergency energy | ||||||
5 | plan submitted to
a municipality in accordance with a local | ||||||
6 | emergency energy plan ordinance that
is adopted under | ||||||
7 | Section 11-21.5-5 of the Illinois Municipal Code.
| ||||||
8 | (kk) Information and data concerning the distribution | ||||||
9 | of
surcharge moneys collected and remitted by wireless | ||||||
10 | carriers under the Wireless
Emergency Telephone Safety | ||||||
11 | Act.
| ||||||
12 | (ll) Vulnerability assessments, security measures, and | ||||||
13 | response policies
or plans that are designed to identify, | ||||||
14 | prevent, or respond to potential
attacks upon a community's | ||||||
15 | population or systems, facilities, or installations,
the | ||||||
16 | destruction or contamination of which would constitute a | ||||||
17 | clear and present
danger to the health or safety of the | ||||||
18 | community, but only to the extent that
disclosure could | ||||||
19 | reasonably be expected to jeopardize the effectiveness of | ||||||
20 | the
measures or the safety of the personnel who implement | ||||||
21 | them or the public.
Information exempt under this item may | ||||||
22 | include such things as details
pertaining to the | ||||||
23 | mobilization or deployment of personnel or equipment, to | ||||||
24 | the
operation of communication systems or protocols, or to | ||||||
25 | tactical operations.
| ||||||
26 | (mm) Maps and other records regarding the location or |
| |||||||
| |||||||
1 | security of a
utility's generation, transmission, | ||||||
2 | distribution, storage, gathering,
treatment, or switching | ||||||
3 | facilities.
| ||||||
4 | (nn) Law enforcement officer identification | ||||||
5 | information or
driver
identification
information compiled | ||||||
6 | by a law enforcement agency or the Department of
| ||||||
7 | Transportation
under Section 11-212 of the Illinois | ||||||
8 | Vehicle Code.
| ||||||
9 | (oo) Records and information provided to a residential
| ||||||
10 | health care
facility resident sexual assault
and death | ||||||
11 | review team or the Executive Council under the Abuse | ||||||
12 | Prevention Review Team Act.
| ||||||
13 | (pp) Information provided to the predatory lending | ||||||
14 | database created pursuant to Article 3 of the Residential | ||||||
15 | Real Property Disclosure Act, except to the extent | ||||||
16 | authorized under that Article.
| ||||||
17 | (qq) Defense budgets and petitions for certification | ||||||
18 | of compensation and expenses for court appointed trial | ||||||
19 | counsel as provided under Sections 10 and 15 of the Capital | ||||||
20 | Crimes Litigation Act. This subsection (qq) shall apply | ||||||
21 | until the conclusion of the trial of the case, even if the | ||||||
22 | prosecution chooses not to pursue the death penalty prior | ||||||
23 | to trial or sentencing.
| ||||||
24 | (2) This Section does not authorize withholding of | ||||||
25 | information or limit the
availability of records to the public, | ||||||
26 | except as stated in this Section or
otherwise provided in this |
| |||||||
| |||||||
1 | Act.
| ||||||
2 | (Source: P.A. 93-43, eff. 7-1-03; 93-209, eff. 7-18-03; 93-237, | ||||||
3 | eff. 7-22-03; 93-325, eff. 7-23-03, 93-422, eff. 8-5-03; | ||||||
4 | 93-577, eff. 8-21-03; 93-617, eff. 12-9-03; 94-280, eff. | ||||||
5 | 1-1-06; 94-508, eff. 1-1-06; 94-664, eff. 1-1-06; 94-931, eff. | ||||||
6 | 6-26-06; 94-953, eff. 6-27-06; 94-1055, eff. 1-1-07; revised | ||||||
7 | 8-3-06.)
| ||||||
8 | (5 ILCS 140/7.1) (from Ch. 116, par. 207.1)
| ||||||
9 | Sec. 7.1. Nothing in this Act shall be construed to | ||||||
10 | prohibit
publication and dissemination by the Department of | ||||||
11 | Healthcare and Family Services
Public Aid or the
Department of | ||||||
12 | Human Services of the names
and addresses of entities which | ||||||
13 | have had receipt of benefits or payments
under the Illinois | ||||||
14 | Public Aid Code suspended or terminated or future receipt
| ||||||
15 | barred,
pursuant to Section 11-26 of that Code.
| ||||||
16 | (Source: P.A. 89-507, eff. 7-1-97; revised 12-15-05.)
| ||||||
17 | Section 20. The State Records Act is amended by changing | ||||||
18 | Section 7 as follows:
| ||||||
19 | (5 ILCS 160/7) (from Ch. 116, par. 43.10)
| ||||||
20 | Sec. 7. Powers and duties of the Secretary . :
| ||||||
21 | (1) The Secretary, whenever it appears to him to be in the | ||||||
22 | public
interest, may accept for deposit in the State Archives | ||||||
23 | the records of any
agency or of the Legislative or Judicial |
| |||||||
| |||||||
1 | branches of the State government that
are determined by him to | ||||||
2 | have sufficient historical or other value to warrant
the | ||||||
3 | permanent preservation of such records by the State of | ||||||
4 | Illinois . ;
| ||||||
5 | (2) The Secretary may accept for deposit in the State | ||||||
6 | Archives official
papers, photographs, microfilm, electronic | ||||||
7 | and digital records, drawings,
maps, writings, and records of | ||||||
8 | every description of counties,
municipal corporations, | ||||||
9 | political subdivisions and courts of this State, and
records of | ||||||
10 | the federal government pertaining to Illinois, when such | ||||||
11 | materials
are deemed by the Secretary to have sufficient | ||||||
12 | historical or other value to
warrant their continued | ||||||
13 | preservation by the State of
Illinois.
| ||||||
14 | (3) The Secretary, whenever he deems it in the public | ||||||
15 | interest, may
accept for deposit in the State Archives motion | ||||||
16 | picture films, still pictures,
and sound recordings that are | ||||||
17 | appropriate for preservation by the State
government as | ||||||
18 | evidence of its organization, functions and policies.
| ||||||
19 | (4) The Secretary shall be responsible for the custody, | ||||||
20 | use, servicing
and withdrawal of records transferred for | ||||||
21 | deposit in the State Archives. The
Secretary shall observe any | ||||||
22 | rights, limitations, or restrictions imposed by law
relating to | ||||||
23 | the use of records, including the provisions of the Mental | ||||||
24 | Health
and Developmental Disabilities Confidentiality Act | ||||||
25 | which limit access to
certain records or which permit access to | ||||||
26 | certain records only after the
removal of all personally |
| |||||||
| |||||||
1 | identifiable data. Access to restricted records
shall be at the | ||||||
2 | direction of the depositing State agency or, in the case of
| ||||||
3 | records deposited by the legislative or judicial
branches of | ||||||
4 | State government at the direction of the branch which deposited
| ||||||
5 | them, but no limitation on access to such records shall extend | ||||||
6 | more than
75 years after the creation of the records, except as | ||||||
7 | provided in the Mental
Health and Developmental Disabilities | ||||||
8 | Confidentiality Act. The Secretary
shall not impose | ||||||
9 | restrictions on the use of records that are defined by
law as | ||||||
10 | public records or as records open to public inspection . ;
| ||||||
11 | (5) The Secretary shall make provision for the | ||||||
12 | preservation,
arrangement, repair, and rehabilitation, | ||||||
13 | duplication and reproduction,
description, and exhibition of | ||||||
14 | records deposited in the State Archives
as may be needed or | ||||||
15 | appropriate . ;
| ||||||
16 | (6) The Secretary shall make or reproduce and furnish upon | ||||||
17 | demand
authenticated or unauthenticated copies of any of the | ||||||
18 | documents, photographic
material or other records deposited in | ||||||
19 | the State Archives, the public
examination of which is not | ||||||
20 | prohibited by statutory limitations or restrictions
or | ||||||
21 | protected by copyright. The Secretary shall charge a fee | ||||||
22 | therefor in
accordance with the schedule of fees in Section 5.5 | ||||||
23 | of the Secretary of State
Act
10 of "An Act concerning fees and | ||||||
24 | salaries, and to classify the several
counties of this state | ||||||
25 | with reference thereto," approved March 29, 1872, as
amended , | ||||||
26 | except that there shall be no charge for making or |
| |||||||
| |||||||
1 | authentication of
such copies or reproductions furnished to any | ||||||
2 | department or agency of the State
for official use. When any | ||||||
3 | such copy or reproduction is authenticated by the
Great Seal of | ||||||
4 | the State of Illinois and is certified by the Secretary, or in
| ||||||
5 | his name by his authorized representative, such copy or | ||||||
6 | reproduction shall be
admitted in evidence as if it were the | ||||||
7 | original.
| ||||||
8 | (7) Any official of the State of Illinois may turn over to | ||||||
9 | the
Secretary of State, with his consent, for permanent | ||||||
10 | preservation in the
State Archives, any official books, | ||||||
11 | records, documents, original papers,
or files, not in current | ||||||
12 | use in his office, taking a receipt therefor.
| ||||||
13 | (8) (Blank).
| ||||||
14 | (9) The Secretary may cooperate with the Illinois State | ||||||
15 | Genealogical
Society, or its successor organization, for the | ||||||
16 | mutual benefit of the Society
and the Illinois State Archives, | ||||||
17 | with the State Archives furnishing necessary
space for the | ||||||
18 | society to carry on its functions and keep its records, to
| ||||||
19 | receive publications of the Illinois State Genealogical | ||||||
20 | Society, to use members
of the Illinois State Genealogical | ||||||
21 | Society as volunteers in various archival
projects and to store | ||||||
22 | the Illinois State Genealogical Society's film
collections.
| ||||||
23 | (Source: P.A. 92-866, eff. 1-3-03; revised 1-20-03 .)
| ||||||
24 | Section 25. The Intergovernmental Cooperation Act is | ||||||
25 | amended by changing Section 3 as follows:
|
| |||||||
| |||||||
1 | (5 ILCS 220/3) (from Ch. 127, par. 743)
| ||||||
2 | Sec. 3. Intergovernmental cooperation. Any power or | ||||||
3 | powers, privileges, functions, or authority exercised or which
| ||||||
4 | may be
exercised by a public agency of this State may be | ||||||
5 | exercised, combined,
transferred, and enjoyed
jointly with any | ||||||
6 | other public agency of this State and jointly with any
public | ||||||
7 | agency of any other state or of the United States to the extent | ||||||
8 | that
laws of such other state or of the United States do not | ||||||
9 | prohibit joint
exercise or enjoyment and except where | ||||||
10 | specifically and expressly prohibited
by law.
This includes, | ||||||
11 | but is not limited to, (i) arrangements between the Illinois
| ||||||
12 | Student Assistance Commission and agencies in other states | ||||||
13 | which issue
professional licenses and (ii) agreements between | ||||||
14 | the Department of Healthcare and Family Services (formerly
| ||||||
15 | Illinois Department of
Public Aid ) and public agencies for the | ||||||
16 | establishment and enforcement of child
support orders and for | ||||||
17 | the exchange of information that may be necessary for
the | ||||||
18 | enforcement of those child support orders.
| ||||||
19 | (Source: P.A. 90-18, eff. 7-1-97; 91-298, eff. 7-29-99; revised | ||||||
20 | 12-15-05.)
| ||||||
21 | Section 30. The Illinois Public Labor Relations Act is | ||||||
22 | amended by changing Sections 3, 9, and 15 as follows: | ||||||
23 | (5 ILCS 315/3) (from Ch. 48, par. 1603)
|
| |||||||
| |||||||
1 | Sec. 3. Definitions. As used in this Act, unless the | ||||||
2 | context
otherwise requires:
| ||||||
3 | (a) "Board" means the Illinois
Labor Relations Board or, | ||||||
4 | with respect to a matter over which the
jurisdiction of the | ||||||
5 | Board is assigned to the State Panel or the Local Panel
under | ||||||
6 | Section 5, the panel having jurisdiction over the matter.
| ||||||
7 | (b) "Collective bargaining" means bargaining over terms | ||||||
8 | and conditions
of employment, including hours, wages, and other | ||||||
9 | conditions of employment,
as detailed in Section 7 and which | ||||||
10 | are not excluded by Section 4.
| ||||||
11 | (c) "Confidential employee" means an employee who, in the | ||||||
12 | regular course
of his or her duties, assists and acts in a | ||||||
13 | confidential capacity to persons
who formulate, determine, and | ||||||
14 | effectuate management policies with regard
to labor relations | ||||||
15 | or who, in the regular course of his or her duties, has
| ||||||
16 | authorized access to information relating to the effectuation
| ||||||
17 | or review of the employer's collective bargaining policies.
| ||||||
18 | (d) "Craft employees" means skilled journeymen, crafts | ||||||
19 | persons, and their
apprentices and helpers.
| ||||||
20 | (e) "Essential services employees" means those public | ||||||
21 | employees
performing functions so essential that the | ||||||
22 | interruption or termination of
the function will constitute a | ||||||
23 | clear and present danger to the health and
safety of the | ||||||
24 | persons in the affected community.
| ||||||
25 | (f) "Exclusive representative", except with respect to | ||||||
26 | non-State fire
fighters and paramedics employed by fire |
| |||||||
| |||||||
1 | departments and fire protection
districts, non-State peace | ||||||
2 | officers, and peace officers in the
Department of State Police, | ||||||
3 | means the labor organization that has
been (i) designated by | ||||||
4 | the Board as the representative of a majority of public
| ||||||
5 | employees in an appropriate bargaining unit in accordance with | ||||||
6 | the procedures
contained in this Act, (ii) historically
| ||||||
7 | recognized by the State of Illinois or
any political | ||||||
8 | subdivision of the State before July 1, 1984
(the effective | ||||||
9 | date of this
Act) as the exclusive representative of the | ||||||
10 | employees in an appropriate
bargaining unit, (iii) after July | ||||||
11 | 1, 1984 (the
effective date of this Act) recognized by an
| ||||||
12 | employer upon evidence, acceptable to the Board, that the labor
| ||||||
13 | organization has been designated as the exclusive | ||||||
14 | representative by a
majority of the employees in an appropriate | ||||||
15 | bargaining unit;
(iv) recognized as the exclusive | ||||||
16 | representative of personal care attendants
or personal
| ||||||
17 | assistants under Executive Order 2003-8 prior to the effective | ||||||
18 | date of this
amendatory
Act of the 93rd General Assembly, and | ||||||
19 | the organization shall be considered to
be the
exclusive | ||||||
20 | representative of the personal care attendants or personal | ||||||
21 | assistants
as defined
in this Section; or (v) recognized as the | ||||||
22 | exclusive representative of child and day care home providers, | ||||||
23 | including licensed and license exempt providers, pursuant to an | ||||||
24 | election held under Executive Order 2005-1 prior to the | ||||||
25 | effective date of this amendatory Act of the 94th General | ||||||
26 | Assembly, and the organization shall be considered to be the |
| |||||||
| |||||||
1 | exclusive representative of the child and day care home | ||||||
2 | providers as defined in this Section.
| ||||||
3 | With respect to non-State fire fighters and paramedics | ||||||
4 | employed by fire
departments and fire protection districts, | ||||||
5 | non-State peace officers, and
peace officers in the Department | ||||||
6 | of State Police,
"exclusive representative" means the labor | ||||||
7 | organization that has
been (i) designated by the Board as the | ||||||
8 | representative of a majority of peace
officers or fire fighters | ||||||
9 | in an appropriate bargaining unit in accordance
with the | ||||||
10 | procedures contained in this Act, (ii)
historically recognized
| ||||||
11 | by the State of Illinois or any political subdivision of the | ||||||
12 | State before
January 1, 1986 (the effective date of this | ||||||
13 | amendatory Act of 1985) as the exclusive
representative by a | ||||||
14 | majority of the peace officers or fire fighters in an
| ||||||
15 | appropriate bargaining unit, or (iii) after January 1,
1986 | ||||||
16 | (the effective date of this amendatory
Act of 1985) recognized | ||||||
17 | by an employer upon evidence, acceptable to the
Board, that the | ||||||
18 | labor organization has been designated as the exclusive
| ||||||
19 | representative by a majority of the peace officers or fire | ||||||
20 | fighters in an
appropriate bargaining unit.
| ||||||
21 | (g) "Fair share agreement" means an agreement between the | ||||||
22 | employer and
an employee organization under which all or any of | ||||||
23 | the employees in a
collective bargaining unit are required to | ||||||
24 | pay their proportionate share of
the costs of the collective | ||||||
25 | bargaining process, contract administration, and
pursuing | ||||||
26 | matters affecting wages, hours, and other conditions of |
| |||||||
| |||||||
1 | employment,
but not to exceed the amount of dues uniformly | ||||||
2 | required of members. The
amount certified by the exclusive | ||||||
3 | representative shall not include any fees
for contributions | ||||||
4 | related to the election or support of any candidate for
| ||||||
5 | political office. Nothing in this subsection (g) shall
preclude | ||||||
6 | an employee from making
voluntary political contributions in | ||||||
7 | conjunction with his or her fair share
payment.
| ||||||
8 | (g-1) "Fire fighter" means, for the purposes of this Act | ||||||
9 | only, any
person who has been or is hereafter appointed to a | ||||||
10 | fire department or fire
protection district or employed by a | ||||||
11 | state university and sworn or
commissioned to perform fire | ||||||
12 | fighter duties or paramedic duties, except that the
following | ||||||
13 | persons are not included: part-time fire fighters,
auxiliary, | ||||||
14 | reserve or voluntary fire fighters, including paid on-call fire
| ||||||
15 | fighters, clerks and dispatchers or other civilian employees of | ||||||
16 | a fire
department or fire protection district who are not | ||||||
17 | routinely expected to
perform fire fighter duties, or elected | ||||||
18 | officials.
| ||||||
19 | (g-2) "General Assembly of the State of Illinois" means the
| ||||||
20 | legislative branch of the government of the State of Illinois, | ||||||
21 | as provided
for under Article IV of the Constitution of the | ||||||
22 | State of Illinois, and
includes but is not limited to the House | ||||||
23 | of Representatives, the Senate,
the Speaker of the House of | ||||||
24 | Representatives, the Minority Leader of the
House of | ||||||
25 | Representatives, the President of the Senate, the Minority | ||||||
26 | Leader
of the Senate, the Joint Committee on Legislative |
| |||||||
| |||||||
1 | Support Services and any
legislative support services agency | ||||||
2 | listed in the Legislative Commission
Reorganization Act of | ||||||
3 | 1984.
| ||||||
4 | (h) "Governing body" means, in the case of the State, the | ||||||
5 | State Panel of
the Illinois Labor Relations Board, the Director | ||||||
6 | of the Department of Central
Management Services, and the | ||||||
7 | Director of the Department of Labor; the county
board in the | ||||||
8 | case of a county; the corporate authorities in the case of a
| ||||||
9 | municipality; and the appropriate body authorized to provide | ||||||
10 | for expenditures
of its funds in the case of any other unit of | ||||||
11 | government.
| ||||||
12 | (i) "Labor organization" means any organization in which | ||||||
13 | public employees
participate and that exists for the purpose, | ||||||
14 | in whole or in part, of dealing
with a public employer | ||||||
15 | concerning wages, hours, and other terms and conditions
of | ||||||
16 | employment, including the settlement of grievances.
| ||||||
17 | (j) "Managerial employee" means an individual who is | ||||||
18 | engaged
predominantly in executive and management functions | ||||||
19 | and is charged with the
responsibility of directing the | ||||||
20 | effectuation of management policies
and practices.
| ||||||
21 | (k) "Peace officer" means, for the purposes of this Act | ||||||
22 | only, any
persons who have been or are hereafter appointed to a | ||||||
23 | police force,
department, or agency and sworn or commissioned | ||||||
24 | to perform police duties,
except that the following persons are | ||||||
25 | not
included: part-time police
officers, special police | ||||||
26 | officers, auxiliary police as defined by Section
3.1-30-20 of |
| |||||||
| |||||||
1 | the Illinois Municipal Code, night watchmen, "merchant | ||||||
2 | police",
court security officers as defined by Section 3-6012.1 | ||||||
3 | of the Counties
Code,
temporary employees, traffic guards or | ||||||
4 | wardens, civilian parking meter and
parking facilities | ||||||
5 | personnel or other individuals specially appointed to
aid or | ||||||
6 | direct traffic at or near schools or public functions or to aid | ||||||
7 | in
civil defense or disaster, parking enforcement employees who | ||||||
8 | are not
commissioned as peace officers and who are not armed | ||||||
9 | and who are not
routinely expected to effect arrests, parking | ||||||
10 | lot attendants, clerks and
dispatchers or other civilian | ||||||
11 | employees of a police department who are not
routinely expected | ||||||
12 | to effect arrests, or elected officials.
| ||||||
13 | (l) "Person" includes one or more individuals, labor | ||||||
14 | organizations, public
employees, associations, corporations, | ||||||
15 | legal representatives, trustees,
trustees in bankruptcy, | ||||||
16 | receivers, or the State of Illinois or any political
| ||||||
17 | subdivision of the State or governing body, but does not | ||||||
18 | include the General
Assembly of the State of Illinois or any | ||||||
19 | individual employed by the General
Assembly of the State of | ||||||
20 | Illinois.
| ||||||
21 | (m) "Professional employee" means any employee engaged in | ||||||
22 | work predominantly
intellectual and varied in character rather | ||||||
23 | than routine mental, manual,
mechanical or physical work; | ||||||
24 | involving the consistent exercise of discretion
and adjustment | ||||||
25 | in its performance; of such a character that the output | ||||||
26 | produced
or the result accomplished cannot be standardized in |
| |||||||
| |||||||
1 | relation to a given
period of time; and requiring advanced | ||||||
2 | knowledge in a field of science or
learning customarily | ||||||
3 | acquired by a prolonged course of specialized intellectual
| ||||||
4 | instruction and study in an institution of higher learning or a | ||||||
5 | hospital,
as distinguished from a general academic education or | ||||||
6 | from apprenticeship
or from training in the performance of | ||||||
7 | routine mental, manual, or physical
processes; or any employee | ||||||
8 | who has completed the courses of specialized
intellectual | ||||||
9 | instruction and study prescribed in this subsection (m) and is
| ||||||
10 | performing related
work under the supervision of a professional | ||||||
11 | person to qualify to become
a professional employee as defined | ||||||
12 | in this subsection (m).
| ||||||
13 | (n) "Public employee" or "employee", for the purposes of | ||||||
14 | this Act, means
any individual employed by a public employer, | ||||||
15 | including (i) interns and residents
at public hospitals, (ii) | ||||||
16 | as of the effective date of this amendatory Act of the 93rd | ||||||
17 | General
Assembly, but not
before, personal care attendants and | ||||||
18 | personal assistants working under the Home
Services
Program | ||||||
19 | under Section 3 of the Disabled Persons Rehabilitation Act, | ||||||
20 | subject to
the
limitations set forth in this Act and in the | ||||||
21 | Disabled Persons Rehabilitation
Act,
and (iii) as of the | ||||||
22 | effective date of this amendatory Act of the 94th General | ||||||
23 | Assembly, but not before, child and day care home providers | ||||||
24 | participating in the child care assistance program under | ||||||
25 | Section 9A-11 of the Illinois Public Aid Code, subject to the | ||||||
26 | limitations set forth in this Act and in Section 9A-11 of the |
| |||||||
| |||||||
1 | Illinois Public Aid Code, but excluding all of the following: | ||||||
2 | employees of the
General Assembly of the State of Illinois; | ||||||
3 | elected officials; executive
heads of a department; members of | ||||||
4 | boards or commissions; the Executive
Inspectors General; any | ||||||
5 | special Executive Inspectors General; employees of each
Office | ||||||
6 | of an Executive Inspector General;
commissioners and employees | ||||||
7 | of the Executive Ethics Commission; the Auditor
General's | ||||||
8 | Inspector General; employees of the Office of the Auditor | ||||||
9 | General's
Inspector General; the Legislative Inspector | ||||||
10 | General; any special Legislative
Inspectors General; employees | ||||||
11 | of the Office
of the Legislative Inspector General;
| ||||||
12 | commissioners and employees of the Legislative Ethics | ||||||
13 | Commission;
employees
of any
agency, board or commission | ||||||
14 | created by this Act; employees appointed to
State positions of | ||||||
15 | a temporary or emergency nature; all employees of school
| ||||||
16 | districts and higher education institutions except | ||||||
17 | firefighters and peace
officers employed
by a state university; | ||||||
18 | managerial employees; short-term employees;
confidential | ||||||
19 | employees; independent contractors; and supervisors except as
| ||||||
20 | provided in this Act.
| ||||||
21 | Personal care attendants and personal assistants shall not | ||||||
22 | be considered
public
employees for any purposes not | ||||||
23 | specifically provided for in the amendatory Act
of the
93rd | ||||||
24 | General Assembly, including but not limited to, purposes of | ||||||
25 | vicarious
liability in tort
and purposes of statutory | ||||||
26 | retirement or health insurance benefits. Personal
care
|
| |||||||
| |||||||
1 | attendants and personal assistants shall not be covered by the | ||||||
2 | State Employees
Group
Insurance Act of 1971 (5 ILCS 375/).
| ||||||
3 | Child and day care home providers shall not be considered | ||||||
4 | public employees for any purposes not specifically provided for | ||||||
5 | in this amendatory Act of the 94th General Assembly, including | ||||||
6 | but not limited to, purposes of vicarious liability in tort and | ||||||
7 | purposes of statutory retirement or health insurance benefits. | ||||||
8 | Child and day care home providers shall not be covered by the | ||||||
9 | State Employees Group Insurance Act of 1971. | ||||||
10 | Notwithstanding Section 9, subsection (c), or any other | ||||||
11 | provisions of
this Act, all peace officers above the rank of | ||||||
12 | captain in
municipalities with more than 1,000,000 inhabitants | ||||||
13 | shall be excluded
from this Act.
| ||||||
14 | (o) Except as otherwise in subsection (o-5), "public | ||||||
15 | employer" or "employer" means the State of Illinois; any
| ||||||
16 | political subdivision of the State, unit of local government or | ||||||
17 | school
district; authorities including departments, divisions, | ||||||
18 | bureaus, boards,
commissions, or other agencies of the | ||||||
19 | foregoing entities; and any person
acting within the scope of | ||||||
20 | his or her authority, express or implied, on
behalf of those | ||||||
21 | entities in dealing with its employees.
As of the effective | ||||||
22 | date of the amendatory Act of the 93rd General Assembly,
but | ||||||
23 | not
before, the State of Illinois shall be considered the | ||||||
24 | employer of the personal
care
attendants and personal | ||||||
25 | assistants working under the Home Services Program
under
| ||||||
26 | Section 3 of the Disabled Persons Rehabilitation Act, subject |
| |||||||
| |||||||
1 | to the
limitations set forth
in this Act and in the Disabled | ||||||
2 | Persons Rehabilitation Act. The State shall not
be
considered | ||||||
3 | to be the employer of personal care attendants and personal
| ||||||
4 | assistants for any
purposes not specifically provided for in | ||||||
5 | this amendatory Act of the 93rd
General
Assembly, including but | ||||||
6 | not limited to, purposes of vicarious liability in tort
and
| ||||||
7 | purposes of statutory retirement or health insurance benefits. | ||||||
8 | Personal care
attendants
and personal assistants shall not be | ||||||
9 | covered by the State Employees Group
Insurance Act of 1971
(5 | ||||||
10 | ILCS 375/).
As of the effective date of this amendatory Act of | ||||||
11 | the 94th General Assembly but not before, the State of Illinois | ||||||
12 | shall be considered the employer of the day and child care home | ||||||
13 | providers participating in the child care assistance program | ||||||
14 | under Section 9A-11 of the Illinois Public Aid Code, subject to | ||||||
15 | the limitations set forth in this Act and in Section 9A-11 of | ||||||
16 | the Illinois Public Aid Code. The State shall not be considered | ||||||
17 | to be the employer of child and day care home providers for any | ||||||
18 | purposes not specifically provided for in this amendatory Act | ||||||
19 | of the 94th General Assembly, including but not limited to, | ||||||
20 | purposes of vicarious liability in tort and purposes of | ||||||
21 | statutory retirement or health insurance benefits. Child and | ||||||
22 | day care home providers shall not be covered by the State | ||||||
23 | Employees Group Insurance Act of 1971. | ||||||
24 | "Public employer" or
"employer" as used in this Act, | ||||||
25 | however, does not
mean and shall not include the General | ||||||
26 | Assembly of the State of Illinois,
the Executive Ethics |
| |||||||
| |||||||
1 | Commission, the Offices of the Executive Inspectors
General, | ||||||
2 | the Legislative Ethics Commission, the Office of the | ||||||
3 | Legislative
Inspector General, the Office of the Auditor | ||||||
4 | General's Inspector General,
and educational employers or | ||||||
5 | employers as defined in the Illinois
Educational Labor | ||||||
6 | Relations Act, except with respect to a state university in
its | ||||||
7 | employment of firefighters and peace officers. County boards | ||||||
8 | and county
sheriffs shall be
designated as joint or | ||||||
9 | co-employers of county peace officers appointed
under the | ||||||
10 | authority of a county sheriff. Nothing in this subsection
(o) | ||||||
11 | shall be construed
to prevent the State Panel or the Local | ||||||
12 | Panel
from determining that employers are joint or | ||||||
13 | co-employers.
| ||||||
14 | (o-5) With respect to
wages, fringe
benefits, hours, | ||||||
15 | holidays, vacations, proficiency
examinations, sick leave, and | ||||||
16 | other conditions of
employment, the public employer of public | ||||||
17 | employees who are court reporters, as
defined in the Court | ||||||
18 | Reporters Act, shall be determined as
follows:
| ||||||
19 | (1) For court reporters employed by the Cook County | ||||||
20 | Judicial
Circuit, the chief judge of the Cook County | ||||||
21 | Circuit
Court is the public employer and employer | ||||||
22 | representative.
| ||||||
23 | (2) For court reporters employed by the 12th, 18th, | ||||||
24 | 19th, and, on and after December 4, 2006, the 22nd judicial
| ||||||
25 | circuits, a group consisting of the chief judges of those | ||||||
26 | circuits, acting
jointly by majority vote, is the public |
| |||||||
| |||||||
1 | employer and employer representative.
| ||||||
2 | (3) For court reporters employed by all other judicial | ||||||
3 | circuits,
a group consisting of the chief judges of those | ||||||
4 | circuits, acting jointly by
majority vote, is the public | ||||||
5 | employer and employer representative.
| ||||||
6 | (p) "Security employee" means an employee who is | ||||||
7 | responsible for the
supervision and control of inmates at | ||||||
8 | correctional facilities. The term
also includes other | ||||||
9 | non-security employees in bargaining units having the
majority | ||||||
10 | of employees being responsible for the supervision and control | ||||||
11 | of
inmates at correctional facilities.
| ||||||
12 | (q) "Short-term employee" means an employee who is employed | ||||||
13 | for less
than 2 consecutive calendar quarters during a calendar | ||||||
14 | year and who does
not have a reasonable assurance that he or | ||||||
15 | she will be rehired by the
same employer for the same service | ||||||
16 | in a subsequent calendar year.
| ||||||
17 | (r) "Supervisor" is an employee whose principal work is | ||||||
18 | substantially
different from that of his or her subordinates | ||||||
19 | and who has authority, in the
interest of the employer, to | ||||||
20 | hire, transfer, suspend, lay off, recall,
promote, discharge, | ||||||
21 | direct, reward, or discipline employees, to adjust
their | ||||||
22 | grievances, or to effectively recommend any of those actions, | ||||||
23 | if the
exercise
of that authority is not of a merely routine or | ||||||
24 | clerical nature, but
requires the consistent use of independent | ||||||
25 | judgment. Except with respect to
police employment, the term | ||||||
26 | "supervisor" includes only those individuals
who devote a |
| |||||||
| |||||||
1 | preponderance of their employment time to exercising that
| ||||||
2 | authority, State supervisors notwithstanding. In addition, in | ||||||
3 | determining
supervisory status in police employment, rank | ||||||
4 | shall not be determinative.
The Board shall consider, as | ||||||
5 | evidence of bargaining unit inclusion or
exclusion, the common | ||||||
6 | law enforcement policies and relationships between
police | ||||||
7 | officer ranks and certification under applicable civil service | ||||||
8 | law,
ordinances, personnel codes, or Division 2.1 of Article 10 | ||||||
9 | of the Illinois
Municipal Code, but these factors shall not
be | ||||||
10 | the sole or predominant factors considered by the Board in | ||||||
11 | determining
police supervisory status.
| ||||||
12 | Notwithstanding the provisions of the preceding paragraph, | ||||||
13 | in determining
supervisory status in fire fighter employment, | ||||||
14 | no fire fighter shall be
excluded as a supervisor who has | ||||||
15 | established representation rights under
Section 9 of this Act. | ||||||
16 | Further, in new fire fighter units, employees shall
consist of | ||||||
17 | fire fighters of the rank of company officer and below. If a | ||||||
18 | company officer otherwise qualifies as a supervisor under the | ||||||
19 | preceding paragraph, however, he or she shall
not be included | ||||||
20 | in the fire fighter
unit. If there is no rank between that of | ||||||
21 | chief and the
highest company officer, the employer may | ||||||
22 | designate a position on each
shift as a Shift Commander, and | ||||||
23 | the persons occupying those positions shall
be supervisors. All | ||||||
24 | other ranks above that of company officer shall be
supervisors.
| ||||||
25 | (s) (1) "Unit" means a class of jobs or positions that are | ||||||
26 | held by
employees whose collective interests may suitably |
| |||||||
| |||||||
1 | be represented by a labor
organization for collective | ||||||
2 | bargaining. Except with respect to non-State fire
fighters | ||||||
3 | and paramedics employed by fire departments and fire | ||||||
4 | protection
districts, non-State peace officers, and peace | ||||||
5 | officers in the Department of
State Police, a bargaining | ||||||
6 | unit determined by the Board shall not include both
| ||||||
7 | employees and supervisors, or supervisors only, except as | ||||||
8 | provided in paragraph
(2) of this subsection (s) and except | ||||||
9 | for bargaining units in existence on July
1, 1984 (the | ||||||
10 | effective date of this Act). With respect to non-State fire
| ||||||
11 | fighters and paramedics employed by fire departments and | ||||||
12 | fire protection
districts, non-State peace officers, and | ||||||
13 | peace officers in the Department of
State Police, a | ||||||
14 | bargaining unit determined by the Board shall not include | ||||||
15 | both
supervisors and nonsupervisors, or supervisors only, | ||||||
16 | except as provided in
paragraph (2) of this subsection (s) | ||||||
17 | and except for bargaining units in
existence on January 1, | ||||||
18 | 1986 (the effective date of this amendatory Act of
1985). A | ||||||
19 | bargaining unit determined by the Board to contain peace | ||||||
20 | officers
shall contain no employees other than peace | ||||||
21 | officers unless otherwise agreed to
by the employer and the | ||||||
22 | labor organization or labor organizations involved.
| ||||||
23 | Notwithstanding any other provision of this Act, a | ||||||
24 | bargaining unit, including a
historical bargaining unit, | ||||||
25 | containing sworn peace officers of the Department
of | ||||||
26 | Natural Resources (formerly designated the Department of |
| |||||||
| |||||||
1 | Conservation) shall
contain no employees other than such | ||||||
2 | sworn peace officers upon the effective
date of this | ||||||
3 | amendatory Act of 1990 or upon the expiration date of any
| ||||||
4 | collective bargaining agreement in effect upon the | ||||||
5 | effective date of this
amendatory Act of 1990 covering both | ||||||
6 | such sworn peace officers and other
employees.
| ||||||
7 | (2) Notwithstanding the exclusion of supervisors from | ||||||
8 | bargaining units
as provided in paragraph (1) of this | ||||||
9 | subsection (s), a public
employer may agree to permit its | ||||||
10 | supervisory employees to form bargaining units
and may | ||||||
11 | bargain with those units. This Act shall apply if the | ||||||
12 | public employer
chooses to bargain under this subsection.
| ||||||
13 | (3) Public employees who are court reporters, as | ||||||
14 | defined
in the Court Reporters Act,
shall be divided into 3 | ||||||
15 | units for collective bargaining purposes. One unit
shall be | ||||||
16 | court reporters employed by the Cook County Judicial | ||||||
17 | Circuit; one
unit shall be court reporters employed by the | ||||||
18 | 12th, 18th, 19th, and, on and after December 4, 2006, the | ||||||
19 | 22nd judicial
circuits; and one unit shall be court | ||||||
20 | reporters employed by all other
judicial circuits.
| ||||||
21 | (Source: P.A. 93-204, eff. 7-16-03; 93-617, eff. 12-9-03; | ||||||
22 | 94-98, eff. 7-1-05; 94-320, eff. 1-1-06; revised 8-19-05.)
| ||||||
23 | (5 ILCS 315/9) (from Ch. 48, par. 1609)
| ||||||
24 | Sec. 9. Elections; recognition.
| ||||||
25 | (a) Whenever in accordance with such
regulations as may be |
| |||||||
| |||||||
1 | prescribed by the Board a petition has been filed:
| ||||||
2 | (1) by a public employee or group of public employees | ||||||
3 | or any labor
organization acting in their behalf | ||||||
4 | demonstrating that 30% of the public
employees in an | ||||||
5 | appropriate unit (A) wish to be represented for the
| ||||||
6 | purposes of collective bargaining by a labor organization | ||||||
7 | as exclusive
representative, or (B) asserting that the | ||||||
8 | labor organization which has been
certified or is currently | ||||||
9 | recognized by the public employer as bargaining
| ||||||
10 | representative is no longer the representative of the | ||||||
11 | majority of public
employees in the unit; or
| ||||||
12 | (2) by a public employer alleging that one or more | ||||||
13 | labor organizations
have presented to it a claim that they | ||||||
14 | be recognized as the representative
of a majority of the | ||||||
15 | public employees in an appropriate unit,
| ||||||
16 | the Board
shall investigate such petition, and if it has | ||||||
17 | reasonable cause to believe
that a question of representation | ||||||
18 | exists, shall provide for an appropriate
hearing upon due | ||||||
19 | notice. Such hearing shall be held at the offices of
the Board | ||||||
20 | or such other location as the Board deems appropriate.
If it | ||||||
21 | finds upon the record of the hearing that a question of
| ||||||
22 | representation exists, it shall direct an election in | ||||||
23 | accordance with
subsection (d) of this Section, which election | ||||||
24 | shall be held not later than
120 days after the date the | ||||||
25 | petition was filed regardless of whether that
petition was | ||||||
26 | filed before or after the effective date of this amendatory
Act |
| |||||||
| |||||||
1 | of 1987; provided, however, the Board may extend the time for | ||||||
2 | holding an
election by an additional 60 days if, upon motion by | ||||||
3 | a person who has filed
a petition under this Section or is the | ||||||
4 | subject of a petition filed under
this Section and is a party | ||||||
5 | to such hearing, or upon the Board's own
motion, the Board | ||||||
6 | finds that good cause has been shown for extending the
election | ||||||
7 | date; provided further, that nothing in this Section shall | ||||||
8 | prohibit
the Board, in its discretion, from extending the time | ||||||
9 | for holding an
election for so long as may be necessary under | ||||||
10 | the circumstances, where the
purpose for such extension is to | ||||||
11 | permit resolution by the Board of an
unfair labor practice | ||||||
12 | charge filed by one of the parties to a
representational | ||||||
13 | proceeding against the other based upon conduct which may
| ||||||
14 | either affect the existence of a question concerning | ||||||
15 | representation or have
a tendency to interfere with a fair and | ||||||
16 | free election, where the party
filing the charge has not filed | ||||||
17 | a request to proceed with the election; and
provided further | ||||||
18 | that prior to the expiration of the total time allotted
for | ||||||
19 | holding an election, a person who has filed a petition under | ||||||
20 | this
Section or is the subject of a petition filed under this | ||||||
21 | Section and is a
party to such hearing or the Board, may move | ||||||
22 | for and obtain the entry
of an order in the circuit court of | ||||||
23 | the county in which the majority of the
public employees sought | ||||||
24 | to be represented by such person reside, such order
extending | ||||||
25 | the date upon which the election shall be held. Such order | ||||||
26 | shall
be issued by the circuit court only upon a judicial |
| |||||||
| |||||||
1 | finding that there has
been a sufficient showing that there is | ||||||
2 | good cause to extend the election
date beyond such period and | ||||||
3 | shall require the Board to hold the
election as soon as is | ||||||
4 | feasible given the totality of the circumstances.
Such 120 day | ||||||
5 | period may be extended one or more times by the agreement
of | ||||||
6 | all parties to the hearing to a date certain without the | ||||||
7 | necessity of
obtaining a court order. Nothing in this Section | ||||||
8 | prohibits the waiving
of hearings by stipulation for the | ||||||
9 | purpose of a consent election in conformity
with the rules and | ||||||
10 | regulations of the Board or an election in a unit agreed
upon | ||||||
11 | by the parties. Other interested employee organizations may | ||||||
12 | intervene
in the proceedings in the manner and within the time | ||||||
13 | period specified by
rules and regulations of the Board. | ||||||
14 | Interested parties who are necessary
to the proceedings may | ||||||
15 | also intervene in the proceedings in the manner and
within the | ||||||
16 | time period specified by the rules and regulations of the | ||||||
17 | Board.
| ||||||
18 | (a-5) The Board shall designate an exclusive | ||||||
19 | representative for purposes
of
collective bargaining when the | ||||||
20 | representative demonstrates a showing of
majority interest by | ||||||
21 | employees in the unit. If the parties to a dispute are
without
| ||||||
22 | agreement on the means to ascertain the choice, if any, of | ||||||
23 | employee
organization
as their representative, the Board shall | ||||||
24 | ascertain the employees' choice of
employee organization, on | ||||||
25 | the basis of dues deduction authorization and other
evidence, | ||||||
26 | or, if necessary, by conducting an election. If either party |
| |||||||
| |||||||
1 | provides
to the Board, before the designation of a | ||||||
2 | representative, clear and convincing
evidence that the dues | ||||||
3 | deduction authorizations, and other evidence upon which
the | ||||||
4 | Board would otherwise rely to ascertain the employees' choice | ||||||
5 | of
representative, are fraudulent or were obtained through | ||||||
6 | coercion, the Board
shall promptly thereafter conduct an | ||||||
7 | election. The Board shall also investigate
and consider a | ||||||
8 | party's allegations that the dues deduction authorizations and
| ||||||
9 | other evidence submitted in support of a designation of | ||||||
10 | representative without
an election were subsequently changed, | ||||||
11 | altered, withdrawn, or withheld as a
result of employer fraud, | ||||||
12 | coercion, or any other unfair labor practice by the
employer. | ||||||
13 | If the Board determines that a labor organization would have | ||||||
14 | had a
majority interest but for an employer's fraud, coercion, | ||||||
15 | or unfair labor
practice, it shall designate the labor | ||||||
16 | organization as an exclusive
representative without conducting | ||||||
17 | an
election.
| ||||||
18 | (b) The Board shall decide in each case, in order to assure | ||||||
19 | public employees
the fullest freedom in exercising the rights | ||||||
20 | guaranteed by this Act, a unit
appropriate for the purpose of | ||||||
21 | collective bargaining, based upon but not
limited to such | ||||||
22 | factors as: historical pattern of recognition; community
of | ||||||
23 | interest including employee skills and functions; degree of | ||||||
24 | functional
integration; interchangeability and contact among | ||||||
25 | employees; fragmentation
of employee groups; common | ||||||
26 | supervision, wages, hours and other working
conditions of the |
| |||||||
| |||||||
1 | employees involved; and the desires of the employees.
For | ||||||
2 | purposes of this subsection, fragmentation shall not be the | ||||||
3 | sole or
predominant factor used by the Board in determining an | ||||||
4 | appropriate
bargaining unit. Except with respect to non-State | ||||||
5 | fire fighters and
paramedics employed by fire departments and | ||||||
6 | fire protection districts,
non-State peace officers and peace | ||||||
7 | officers in the State
Department of State Police, a single | ||||||
8 | bargaining unit determined by the
Board may not include both | ||||||
9 | supervisors and nonsupervisors, except for
bargaining units in | ||||||
10 | existence on the effective date of this Act. With
respect to | ||||||
11 | non-State fire fighters and paramedics employed by fire
| ||||||
12 | departments and fire protection districts, non-State peace | ||||||
13 | officers and
peace officers in the State Department of State | ||||||
14 | Police, a single bargaining
unit determined by the Board may | ||||||
15 | not include both supervisors and
nonsupervisors, except for | ||||||
16 | bargaining units in existence on the effective
date of this | ||||||
17 | amendatory Act of 1985.
| ||||||
18 | In cases involving an historical pattern of recognition, | ||||||
19 | and in cases where
the employer has recognized the union as the | ||||||
20 | sole and exclusive bargaining
agent for a specified existing | ||||||
21 | unit, the Board shall find the employees
in the unit then | ||||||
22 | represented by the union pursuant to the recognition to
be the | ||||||
23 | appropriate unit.
| ||||||
24 | Notwithstanding the above factors, where the majority of | ||||||
25 | public employees
of a craft so decide, the Board shall | ||||||
26 | designate such craft as a unit
appropriate for the purposes of |
| |||||||
| |||||||
1 | collective bargaining.
| ||||||
2 | The Board shall not decide that any unit is appropriate if | ||||||
3 | such unit
includes both professional and nonprofessional | ||||||
4 | employees, unless a majority
of each group votes for inclusion | ||||||
5 | in such unit.
| ||||||
6 | (c) Nothing in this Act shall interfere with or negate the | ||||||
7 | current
representation rights or patterns and practices of | ||||||
8 | labor organizations
which have historically represented public | ||||||
9 | employees for the purpose of
collective bargaining, including | ||||||
10 | but not limited to the negotiations of
wages, hours and working | ||||||
11 | conditions, discussions of employees' grievances,
resolution | ||||||
12 | of jurisdictional disputes, or the establishment and | ||||||
13 | maintenance
of prevailing wage rates, unless a majority of | ||||||
14 | employees so represented
express a contrary desire pursuant to | ||||||
15 | the procedures set forth in this Act.
| ||||||
16 | (d) In instances where the employer does not voluntarily | ||||||
17 | recognize a labor
organization as the exclusive bargaining | ||||||
18 | representative for a unit of
employees, the Board shall | ||||||
19 | determine the majority representative of the
public employees | ||||||
20 | in an appropriate collective bargaining unit by conducting
a | ||||||
21 | secret ballot election, except as otherwise provided in | ||||||
22 | subsection (a-5).
Within 7 days after the Board issues its
| ||||||
23 | bargaining unit determination and direction of election or the | ||||||
24 | execution of
a stipulation for the purpose of a consent | ||||||
25 | election, the public employer
shall submit to the labor | ||||||
26 | organization the complete names and addresses of
those |
| |||||||
| |||||||
1 | employees who are determined by the Board to be eligible to
| ||||||
2 | participate in the election. When the Board has determined that | ||||||
3 | a labor
organization has been fairly and freely chosen by a | ||||||
4 | majority of employees
in an appropriate unit, it shall certify | ||||||
5 | such organization as the exclusive
representative. If the Board | ||||||
6 | determines that a majority of employees in an
appropriate unit | ||||||
7 | has fairly and freely chosen not to be represented by a
labor | ||||||
8 | organization, it shall so certify. The Board may also revoke | ||||||
9 | the
certification of the public employee organizations as | ||||||
10 | exclusive bargaining
representatives which have been found by a | ||||||
11 | secret ballot election to be no
longer the majority | ||||||
12 | representative.
| ||||||
13 | (e) The Board shall not conduct an election in any | ||||||
14 | bargaining unit or
any subdivision thereof within which a valid | ||||||
15 | election has been held in the
preceding 12-month period. The | ||||||
16 | Board shall determine who is eligible to
vote in an election | ||||||
17 | and shall establish rules governing the conduct of the
election | ||||||
18 | or conduct affecting the results of the election. The Board | ||||||
19 | shall
include on a ballot in a representation election a choice | ||||||
20 | of "no
representation". A labor organization currently | ||||||
21 | representing the bargaining
unit of employees shall be placed | ||||||
22 | on the ballot in any representation
election. In any election | ||||||
23 | where none of the choices on the ballot receives
a majority, a | ||||||
24 | runoff election shall be conducted between the 2 choices
| ||||||
25 | receiving the largest number of valid votes cast in the | ||||||
26 | election. A labor
organization which receives a majority of the |
| |||||||
| |||||||
1 | votes cast in an election
shall be certified by the Board as | ||||||
2 | exclusive representative of all public
employees in the unit.
| ||||||
3 | (f) A labor
organization shall be designated as the | ||||||
4 | exclusive representative by a
public employer, provided that | ||||||
5 | the labor
organization represents a majority of the public | ||||||
6 | employees in an
appropriate unit. Any employee organization | ||||||
7 | which is designated or selected
by the majority of public | ||||||
8 | employees, in a unit of the public employer
having no other | ||||||
9 | recognized or certified representative, as their
| ||||||
10 | representative for purposes of collective bargaining may | ||||||
11 | request
recognition by the public employer in writing. The | ||||||
12 | public employer shall
post such request for a period of at | ||||||
13 | least 20 days following its receipt
thereof on bulletin boards | ||||||
14 | or other places used or reserved for employee
notices.
| ||||||
15 | (g) Within the 20-day period any other interested employee | ||||||
16 | organization
may petition the Board in the manner specified by | ||||||
17 | rules and regulations
of the Board, provided that such | ||||||
18 | interested employee organization has been
designated by at | ||||||
19 | least 10% of the employees in an appropriate bargaining
unit | ||||||
20 | which includes all or some of the employees in the unit | ||||||
21 | recognized
by the employer. In such event, the Board shall | ||||||
22 | proceed with the petition
in the same manner as provided by | ||||||
23 | paragraph (1) of subsection (a) of this
Section.
| ||||||
24 | (h) No election shall be directed by the Board in any | ||||||
25 | bargaining unit
where there is in force a valid collective | ||||||
26 | bargaining agreement. The Board,
however, may process an |
| |||||||
| |||||||
1 | election petition filed between 90 and 60 days prior
to the | ||||||
2 | expiration of the date of an agreement, and may further refine, | ||||||
3 | by
rule or decision, the implementation of this provision.
| ||||||
4 | Where more than 4 years have elapsed since the effective date | ||||||
5 | of the agreement,
the agreement shall continue to bar an | ||||||
6 | election, except that the Board may
process an election | ||||||
7 | petition filed between 90 and 60 days prior to the end of
the | ||||||
8 | fifth year of such an agreement, and between 90 and 60 days | ||||||
9 | prior to the
end of each successive year of such agreement.
| ||||||
10 | (i) An order of the Board dismissing a representation | ||||||
11 | petition,
determining and certifying that a labor organization | ||||||
12 | has been fairly and
freely chosen by a majority of employees in | ||||||
13 | an appropriate bargaining unit,
determining and certifying | ||||||
14 | that a labor organization has not been fairly
and freely chosen | ||||||
15 | by a majority of employees in the bargaining unit or
certifying | ||||||
16 | a labor organization as the exclusive representative of
| ||||||
17 | employees in an appropriate bargaining unit because of a | ||||||
18 | determination by
the Board that the labor organization is the | ||||||
19 | historical bargaining
representative of employees in the | ||||||
20 | bargaining unit, is a final order. Any
person aggrieved by any | ||||||
21 | such order issued on or after the effective date of
this | ||||||
22 | amendatory Act of 1987 may apply for and obtain judicial review | ||||||
23 | in
accordance with provisions of the Administrative Review Law, | ||||||
24 | as now or
hereafter amended, except that such review shall be | ||||||
25 | afforded directly in
the Appellate Court for the district in | ||||||
26 | which the aggrieved party resides
or transacts business.
Any |
| |||||||
| |||||||
1 | direct appeal to the Appellate Court shall be filed within 35 | ||||||
2 | days from
the date that a copy of the decision sought to be | ||||||
3 | reviewed was served upon the
party affected by the decision.
| ||||||
4 | (Source: P.A. 93-427, eff. 8-5-03; 93-444, eff. 8-5-03; revised | ||||||
5 | 9-10-03.)
| ||||||
6 | (5 ILCS 315/15) (from Ch. 48, par. 1615)
| ||||||
7 | Sec. 15. Act Takes Precedence. | ||||||
8 | (a) In case of any conflict between the
provisions of this | ||||||
9 | Act and any other law (other than Section 5 of the State | ||||||
10 | Employees Group Insurance Act of 1971), executive order or | ||||||
11 | administrative
regulation relating to wages, hours and | ||||||
12 | conditions of employment and employment
relations, the | ||||||
13 | provisions of this Act or any collective bargaining agreement
| ||||||
14 | negotiated thereunder shall prevail and control.
Nothing in | ||||||
15 | this Act shall be construed to replace or diminish the
rights | ||||||
16 | of employees established by Sections 28 and 28a of the | ||||||
17 | Metropolitan
Transit Authority Act, Sections 2.15 through 2.19 | ||||||
18 | of the Regional Transportation
Authority Act. The provisions of | ||||||
19 | this Act are subject to Section 5 of the State Employees Group | ||||||
20 | Insurance Act of 1971. Nothing in this Act shall be construed | ||||||
21 | to replace the necessity of complaints against a sworn peace | ||||||
22 | officer, as defined in Section 2(a) of the Uniform Peace | ||||||
23 | Officer Disciplinary Act, from having a complaint supported by | ||||||
24 | a sworn affidavit.
| ||||||
25 | (b) Except as provided in subsection (a) above, any |
| |||||||
| |||||||
1 | collective bargaining
contract between a public employer and a | ||||||
2 | labor organization executed pursuant
to this Act shall | ||||||
3 | supersede any contrary statutes, charters, ordinances, rules
| ||||||
4 | or regulations relating to wages, hours and conditions of | ||||||
5 | employment and
employment relations adopted by the public | ||||||
6 | employer or its agents. Any collective
bargaining agreement | ||||||
7 | entered into prior to the effective date of this Act
shall | ||||||
8 | remain in full force during its duration.
| ||||||
9 | (c) It is the public policy of this State, pursuant to | ||||||
10 | paragraphs (h)
and (i) of Section 6 of Article VII of the | ||||||
11 | Illinois Constitution, that the
provisions of this Act are the | ||||||
12 | exclusive exercise by the State of powers
and functions which | ||||||
13 | might otherwise be exercised by home rule units. Such
powers | ||||||
14 | and functions may not be exercised concurrently, either | ||||||
15 | directly
or indirectly, by any unit of local government, | ||||||
16 | including any home rule
unit, except as otherwise authorized by | ||||||
17 | this Act.
| ||||||
18 | (Source: P.A. 93-839, eff. 7-30-04; 93-1006, eff. 8-24-04; | ||||||
19 | revised 10-25-04.)
| ||||||
20 | Section 35. The Military Leave of Absence Act is amended by | ||||||
21 | changing Sections 1 and 1.1 as follows:
| ||||||
22 | (5 ILCS 325/1) (from Ch. 129, par. 501)
| ||||||
23 | Sec. 1. Leave of absence.
| ||||||
24 | (a) Any full-time employee of the State of Illinois, a unit |
| |||||||
| |||||||
1 | of local
government, or a school district, other than an | ||||||
2 | independent
contractor, who is a member of any reserve
| ||||||
3 | component of the United States Armed Forces or of any reserve | ||||||
4 | component
of the Illinois State Militia, shall be granted leave | ||||||
5 | from his or her
public employment
for any period actively spent | ||||||
6 | in military
service, including:
| ||||||
7 | (1) basic training;
| ||||||
8 | (2) special or advanced training, whether or not within the | ||||||
9 | State, and
whether or not voluntary; and
| ||||||
10 | (3) annual training.
| ||||||
11 | During these leaves, the employee's seniority
and other | ||||||
12 | benefits shall continue
to accrue.
| ||||||
13 | During leaves for annual training, the employee shall | ||||||
14 | continue to receive
his or her regular compensation as a public | ||||||
15 | employee.
During leaves for basic training and up to 60 days of | ||||||
16 | special or advanced
training, if the employee's compensation | ||||||
17 | for military activities
is less
than his or her compensation as | ||||||
18 | a public employee, he or
she shall receive his or her regular
| ||||||
19 | compensation as a public employee minus the amount of his or
| ||||||
20 | her base pay for military
activities.
| ||||||
21 | (b) Any full-time employee of the State of Illinois, other | ||||||
22 | than an
independent contractor, who is a member of the Illinois | ||||||
23 | National Guard or a
reserve component of the United States | ||||||
24 | Armed Forces or the Illinois State
Militia and who is mobilized | ||||||
25 | to active duty shall continue during the period of
active duty | ||||||
26 | to receive his or her benefits and regular compensation as a |
| |||||||
| |||||||
1 | State
employee, minus an amount equal to his or her military | ||||||
2 | active duty base pay.
The
Department of Central Management | ||||||
3 | Services and the State
Comptroller shall coordinate in the | ||||||
4 | development of procedures for the
implementation of this | ||||||
5 | Section.
| ||||||
6 | (Source: P.A. 93-409, eff. 8-4-03; 93-537, eff. 1-1-04; revised | ||||||
7 | 9-11-03.)
| ||||||
8 | (5 ILCS 325/1.1)
| ||||||
9 | Sec. 1.1. Home rule. A home rule unit may not regulate its | ||||||
10 | employees in a
manner that is inconsistent with this Act. This | ||||||
11 | Section is a limitation under
subsection (i) of Section 6 , of | ||||||
12 | Article VII of the Illinois Constitution on
the concurrent | ||||||
13 | exercise by home rule units of powers and functions exercised | ||||||
14 | by
the State.
| ||||||
15 | (Source: P.A. 93-409, eff. 8-4-03; revised 10-9-03.)
| ||||||
16 | Section 40. The State Employees Group Insurance Act of 1971 | ||||||
17 | is amended by changing Sections 3, 8, and 10 as follows:
| ||||||
18 | (5 ILCS 375/3) (from Ch. 127, par. 523)
| ||||||
19 | Sec. 3. Definitions. Unless the context otherwise | ||||||
20 | requires, the
following words and phrases as used in this Act | ||||||
21 | shall have the following
meanings. The Department may define | ||||||
22 | these and other words and phrases
separately for the purpose of | ||||||
23 | implementing specific programs providing benefits
under this |
| |||||||
| |||||||
1 | Act.
| ||||||
2 | (a) "Administrative service organization" means any | ||||||
3 | person, firm or
corporation experienced in the handling of | ||||||
4 | claims which is
fully qualified, financially sound and capable | ||||||
5 | of meeting the service
requirements of a contract of | ||||||
6 | administration executed with the Department.
| ||||||
7 | (b) "Annuitant" means (1) an employee who retires, or has | ||||||
8 | retired,
on or after January 1, 1966 on an immediate annuity | ||||||
9 | under the provisions
of Articles 2, 14 (including an employee | ||||||
10 | who has elected to receive an alternative retirement | ||||||
11 | cancellation payment under Section 14-108.5 of the Illinois | ||||||
12 | Pension Code in lieu of an annuity), 15 (including an employee | ||||||
13 | who has retired under the optional
retirement program | ||||||
14 | established under Section 15-158.2),
paragraphs (2), (3), or | ||||||
15 | (5) of Section 16-106, or
Article 18 of the Illinois Pension | ||||||
16 | Code; (2) any person who was receiving
group insurance coverage | ||||||
17 | under this Act as of March 31, 1978 by
reason of his status as | ||||||
18 | an annuitant, even though the annuity in relation
to which such | ||||||
19 | coverage was provided is a proportional annuity based on less
| ||||||
20 | than the minimum period of service required for a retirement | ||||||
21 | annuity in
the system involved; (3) any person not otherwise | ||||||
22 | covered by this Act
who has retired as a participating member | ||||||
23 | under Article 2 of the Illinois
Pension Code but is ineligible | ||||||
24 | for the retirement annuity under Section
2-119 of the Illinois | ||||||
25 | Pension Code; (4) the spouse of any person who
is receiving a | ||||||
26 | retirement annuity under Article 18 of the Illinois Pension
|
| |||||||
| |||||||
1 | Code and who is covered under a group health insurance program | ||||||
2 | sponsored
by a governmental employer other than the State of | ||||||
3 | Illinois and who has
irrevocably elected to waive his or her | ||||||
4 | coverage under this Act and to have
his or her spouse | ||||||
5 | considered as the "annuitant" under this Act and not as
a | ||||||
6 | "dependent"; or (5) an employee who retires, or has retired, | ||||||
7 | from a
qualified position, as determined according to rules | ||||||
8 | promulgated by the
Director, under a qualified local | ||||||
9 | government, a qualified rehabilitation
facility, a qualified | ||||||
10 | domestic violence shelter or service, or a qualified child | ||||||
11 | advocacy center. (For definition
of "retired employee", see (p) | ||||||
12 | post).
| ||||||
13 | (b-5) "New SERS annuitant" means a person who, on or after | ||||||
14 | January 1,
1998, becomes an annuitant, as defined in subsection | ||||||
15 | (b), by virtue of
beginning to receive a retirement annuity | ||||||
16 | under Article 14 of the Illinois
Pension Code (including an | ||||||
17 | employee who has elected to receive an alternative retirement | ||||||
18 | cancellation payment under Section 14-108.5 of that Code in | ||||||
19 | lieu of an annuity), and is eligible to participate in the | ||||||
20 | basic program of group
health benefits provided for annuitants | ||||||
21 | under this Act.
| ||||||
22 | (b-6) "New SURS annuitant" means a person who (1) on or | ||||||
23 | after January 1,
1998, becomes an annuitant, as defined in | ||||||
24 | subsection (b), by virtue of
beginning to receive a retirement | ||||||
25 | annuity under Article 15 of the Illinois
Pension Code, (2) has | ||||||
26 | not made the election authorized under Section 15-135.1
of the |
| |||||||
| |||||||
1 | Illinois Pension Code, and (3) is eligible to participate in | ||||||
2 | the basic
program of group
health benefits provided for | ||||||
3 | annuitants under this Act.
| ||||||
4 | (b-7) "New TRS State annuitant" means a person who, on or | ||||||
5 | after July
1, 1998, becomes an annuitant, as defined in | ||||||
6 | subsection (b), by virtue of
beginning to receive a retirement | ||||||
7 | annuity under Article 16 of the Illinois
Pension Code based on | ||||||
8 | service as a teacher as defined in
paragraph (2), (3), or (5) | ||||||
9 | of Section 16-106 of that Code, and is eligible
to participate | ||||||
10 | in the basic program of group health benefits provided for
| ||||||
11 | annuitants under this Act.
| ||||||
12 | (c) "Carrier" means (1) an insurance company, a corporation | ||||||
13 | organized
under the Limited Health Service Organization Act or | ||||||
14 | the Voluntary Health
Services Plan Act, a partnership, or other | ||||||
15 | nongovernmental organization,
which is authorized to do group | ||||||
16 | life or group health insurance business in
Illinois, or (2) the | ||||||
17 | State of Illinois as a self-insurer.
| ||||||
18 | (d) "Compensation" means salary or wages payable on a | ||||||
19 | regular
payroll by the State Treasurer on a warrant of the | ||||||
20 | State Comptroller out
of any State, trust or federal fund, or | ||||||
21 | by the Governor of the State
through a disbursing officer of | ||||||
22 | the State out of a trust or out of
federal funds, or by any | ||||||
23 | Department out of State, trust, federal or
other funds held by | ||||||
24 | the State Treasurer or the Department, to any person
for | ||||||
25 | personal services currently performed, and ordinary or | ||||||
26 | accidental
disability benefits under Articles 2, 14, 15 |
| |||||||
| |||||||
1 | (including ordinary or accidental
disability benefits under | ||||||
2 | the optional retirement program established under
Section | ||||||
3 | 15-158.2), paragraphs (2), (3), or (5) of
Section 16-106, or | ||||||
4 | Article 18 of the Illinois Pension Code, for disability
| ||||||
5 | incurred after January 1, 1966, or benefits payable under the | ||||||
6 | Workers'
Compensation or Occupational Diseases Act or benefits | ||||||
7 | payable under a sick
pay plan established in accordance with | ||||||
8 | Section 36 of the State Finance Act.
"Compensation" also means | ||||||
9 | salary or wages paid to an employee of any
qualified local | ||||||
10 | government, qualified rehabilitation facility,
qualified | ||||||
11 | domestic violence shelter or service, or qualified child | ||||||
12 | advocacy center.
| ||||||
13 | (e) "Commission" means the State Employees Group Insurance | ||||||
14 | Advisory
Commission authorized by this Act. Commencing July 1, | ||||||
15 | 1984, "Commission"
as used in this Act means the Commission on | ||||||
16 | Government Forecasting and Accountability as
established by | ||||||
17 | the Legislative Commission Reorganization Act of 1984.
| ||||||
18 | (f) "Contributory", when referred to as contributory | ||||||
19 | coverage, shall
mean optional coverages or benefits elected by | ||||||
20 | the member toward the cost of
which such member makes | ||||||
21 | contribution, or which are funded in whole or in part
through | ||||||
22 | the acceptance of a reduction in earnings or the foregoing of | ||||||
23 | an
increase in earnings by an employee, as distinguished from | ||||||
24 | noncontributory
coverage or benefits which are paid entirely by | ||||||
25 | the State of Illinois
without reduction of the member's salary.
| ||||||
26 | (g) "Department" means any department, institution, board,
|
| |||||||
| |||||||
1 | commission, officer, court or any agency of the State | ||||||
2 | government
receiving appropriations and having power to | ||||||
3 | certify payrolls to the
Comptroller authorizing payments of | ||||||
4 | salary and wages against such
appropriations as are made by the | ||||||
5 | General Assembly from any State fund, or
against trust funds | ||||||
6 | held by the State Treasurer and includes boards of
trustees of | ||||||
7 | the retirement systems created by Articles 2, 14, 15, 16 and
18 | ||||||
8 | of the Illinois Pension Code. "Department" also includes the | ||||||
9 | Illinois
Comprehensive Health Insurance Board, the Board of | ||||||
10 | Examiners established under
the Illinois Public Accounting | ||||||
11 | Act, and the Illinois Finance Authority.
| ||||||
12 | (h) "Dependent", when the term is used in the context of | ||||||
13 | the health
and life plan, means a member's spouse and any | ||||||
14 | unmarried child (1) from
birth to age 19 including an adopted | ||||||
15 | child, a child who lives with the
member from the time of the | ||||||
16 | filing of a petition for adoption until entry
of an order of | ||||||
17 | adoption, a stepchild or recognized child who lives with the
| ||||||
18 | member in a parent-child relationship, or a child who lives | ||||||
19 | with the member
if such member is a court appointed guardian of | ||||||
20 | the child, or (2)
age 19 to 23 enrolled as a full-time student | ||||||
21 | in any accredited school,
financially dependent upon the | ||||||
22 | member, and eligible to be claimed as a
dependent for income | ||||||
23 | tax purposes, or (3) age 19 or over who is mentally
or | ||||||
24 | physically handicapped. For the purposes of item (2), an | ||||||
25 | unmarried child age 19 to 23 who is a member of the United | ||||||
26 | States Armed Services, including the Illinois National Guard, |
| |||||||
| |||||||
1 | and is mobilized to active duty shall qualify as a dependent | ||||||
2 | beyond the age of 23 and until the age of 25 and while a | ||||||
3 | full-time student for the amount of time spent on active duty | ||||||
4 | between the ages of 19 and 23. The individual attempting to | ||||||
5 | qualify for this additional time must submit written | ||||||
6 | documentation of active duty service to the Director. The | ||||||
7 | changes made by this amendatory Act of the 94th General | ||||||
8 | Assembly apply only to individuals mobilized to active duty in | ||||||
9 | the United States Armed Services, including the Illinois | ||||||
10 | National Guard, on or after January 1, 2002. For
the health | ||||||
11 | plan only, the term "dependent" also includes any person
| ||||||
12 | enrolled prior to the effective date of this Section who is | ||||||
13 | dependent upon
the member to the extent that the member may | ||||||
14 | claim such person as a
dependent for income tax deduction | ||||||
15 | purposes; no other such
person may be enrolled.
For the health | ||||||
16 | plan only, the term "dependent" also includes any person who
| ||||||
17 | has received after June 30, 2000 an organ transplant and who is | ||||||
18 | financially
dependent upon the member and eligible to be | ||||||
19 | claimed as a dependent for income
tax purposes.
| ||||||
20 | (i) "Director" means the Director of the Illinois | ||||||
21 | Department of Central
Management Services.
| ||||||
22 | (j) "Eligibility period" means the period of time a member | ||||||
23 | has to
elect enrollment in programs or to select benefits | ||||||
24 | without regard to
age, sex or health.
| ||||||
25 | (k) "Employee" means and includes each officer or employee | ||||||
26 | in the
service of a department who (1) receives his |
| |||||||
| |||||||
1 | compensation for
service rendered to the department on a | ||||||
2 | warrant issued pursuant to a payroll
certified by a department | ||||||
3 | or on a warrant or check issued and drawn by a
department upon | ||||||
4 | a trust, federal or other fund or on a warrant issued
pursuant | ||||||
5 | to a payroll certified by an elected or duly appointed officer
| ||||||
6 | of the State or who receives payment of the performance of | ||||||
7 | personal
services on a warrant issued pursuant to a payroll | ||||||
8 | certified by a
Department and drawn by the Comptroller upon the | ||||||
9 | State Treasurer against
appropriations made by the General | ||||||
10 | Assembly from any fund or against
trust funds held by the State | ||||||
11 | Treasurer, and (2) is employed full-time or
part-time in a | ||||||
12 | position normally requiring actual performance of duty
during | ||||||
13 | not less than 1/2 of a normal work period, as established by | ||||||
14 | the
Director in cooperation with each department, except that | ||||||
15 | persons elected
by popular vote will be considered employees | ||||||
16 | during the entire
term for which they are elected regardless of | ||||||
17 | hours devoted to the
service of the State, and (3) except that | ||||||
18 | "employee" does not include any
person who is not eligible by | ||||||
19 | reason of such person's employment to
participate in one of the | ||||||
20 | State retirement systems under Articles 2, 14, 15
(either the | ||||||
21 | regular Article 15 system or the optional retirement program
| ||||||
22 | established under Section 15-158.2) or 18, or under paragraph | ||||||
23 | (2), (3), or
(5) of Section 16-106, of the Illinois
Pension | ||||||
24 | Code, but such term does include persons who are employed | ||||||
25 | during
the 6 month qualifying period under Article 14 of the | ||||||
26 | Illinois Pension
Code. Such term also includes any person who |
| |||||||
| |||||||
1 | (1) after January 1, 1966,
is receiving ordinary or accidental | ||||||
2 | disability benefits under Articles
2, 14, 15 (including | ||||||
3 | ordinary or accidental disability benefits under the
optional | ||||||
4 | retirement program established under Section 15-158.2), | ||||||
5 | paragraphs
(2), (3), or (5) of Section 16-106, or Article 18 of | ||||||
6 | the
Illinois Pension Code, for disability incurred after | ||||||
7 | January 1, 1966, (2)
receives total permanent or total | ||||||
8 | temporary disability under the Workers'
Compensation Act or | ||||||
9 | Occupational Disease Act as a result of injuries
sustained or | ||||||
10 | illness contracted in the course of employment with the
State | ||||||
11 | of Illinois, or (3) is not otherwise covered under this Act and | ||||||
12 | has
retired as a participating member under Article 2 of the | ||||||
13 | Illinois Pension
Code but is ineligible for the retirement | ||||||
14 | annuity under Section 2-119 of
the Illinois Pension Code. | ||||||
15 | However, a person who satisfies the criteria
of the foregoing | ||||||
16 | definition of "employee" except that such person is made
| ||||||
17 | ineligible to participate in the State Universities Retirement | ||||||
18 | System by
clause (4) of subsection (a) of Section 15-107 of the | ||||||
19 | Illinois Pension
Code is also an "employee" for the purposes of | ||||||
20 | this Act. "Employee" also
includes any person receiving or | ||||||
21 | eligible for benefits under a sick pay
plan established in | ||||||
22 | accordance with Section 36 of the State Finance Act.
"Employee" | ||||||
23 | also includes (i) each officer or employee in the service of a
| ||||||
24 | qualified local government, including persons appointed as | ||||||
25 | trustees of
sanitary districts regardless of hours devoted to | ||||||
26 | the service of the
sanitary district, (ii) each employee in the |
| |||||||
| |||||||
1 | service of a qualified
rehabilitation facility, (iii) each | ||||||
2 | full-time employee in the service of a
qualified domestic | ||||||
3 | violence shelter or service, and (iv) each full-time employee | ||||||
4 | in the service of a qualified child advocacy center, as | ||||||
5 | determined according to
rules promulgated by the Director.
| ||||||
6 | (l) "Member" means an employee, annuitant, retired | ||||||
7 | employee or survivor.
| ||||||
8 | (m) "Optional coverages or benefits" means those coverages | ||||||
9 | or
benefits available to the member on his or her voluntary | ||||||
10 | election, and at
his or her own expense.
| ||||||
11 | (n) "Program" means the group life insurance, health | ||||||
12 | benefits and other
employee benefits designed and contracted | ||||||
13 | for by the Director under this Act.
| ||||||
14 | (o) "Health plan" means a health benefits
program offered
| ||||||
15 | by the State of Illinois for persons eligible for the plan.
| ||||||
16 | (p) "Retired employee" means any person who would be an | ||||||
17 | annuitant as
that term is defined herein but for the fact that | ||||||
18 | such person retired prior to
January 1, 1966. Such term also | ||||||
19 | includes any person formerly employed by
the University of | ||||||
20 | Illinois in the Cooperative Extension Service who would
be an | ||||||
21 | annuitant but for the fact that such person was made ineligible | ||||||
22 | to
participate in the State Universities Retirement System by | ||||||
23 | clause (4) of
subsection (a) of Section 15-107 of the Illinois
| ||||||
24 | Pension Code.
| ||||||
25 | (q) "Survivor" means a person receiving an annuity as a | ||||||
26 | survivor of an
employee or of an annuitant. "Survivor" also |
| |||||||
| |||||||
1 | includes: (1) the surviving
dependent of a person who satisfies | ||||||
2 | the definition of "employee" except that
such person is made | ||||||
3 | ineligible to participate in the State Universities
Retirement | ||||||
4 | System by clause (4) of subsection (a)
of Section 15-107 of the | ||||||
5 | Illinois Pension Code; (2) the surviving
dependent of any | ||||||
6 | person formerly employed by the University of Illinois in
the | ||||||
7 | Cooperative Extension Service who would be an annuitant except | ||||||
8 | for the
fact that such person was made ineligible to | ||||||
9 | participate in the State
Universities Retirement System by | ||||||
10 | clause (4) of subsection (a) of Section
15-107 of the Illinois | ||||||
11 | Pension Code; and (3) the surviving dependent of a person who | ||||||
12 | was an annuitant under this Act by virtue of receiving an | ||||||
13 | alternative retirement cancellation payment under Section | ||||||
14 | 14-108.5 of the Illinois Pension Code.
| ||||||
15 | (q-2) "SERS" means the State Employees' Retirement System | ||||||
16 | of Illinois, created under Article 14 of the Illinois Pension | ||||||
17 | Code.
| ||||||
18 | (q-3) "SURS" means the State Universities Retirement | ||||||
19 | System, created under Article 15 of the Illinois Pension Code.
| ||||||
20 | (q-4) "TRS" means the Teachers' Retirement System of the | ||||||
21 | State of Illinois, created under Article 16 of the Illinois | ||||||
22 | Pension Code.
| ||||||
23 | (q-5) "New SERS survivor" means a survivor, as defined in | ||||||
24 | subsection (q),
whose annuity is paid under Article 14 of the | ||||||
25 | Illinois Pension Code and is
based on the death of (i) an | ||||||
26 | employee whose death occurs on or after January 1,
1998, or |
| |||||||
| |||||||
1 | (ii) a new SERS annuitant as defined in subsection (b-5). "New | ||||||
2 | SERS survivor" includes the surviving dependent of a person who | ||||||
3 | was an annuitant under this Act by virtue of receiving an | ||||||
4 | alternative retirement cancellation payment under Section | ||||||
5 | 14-108.5 of the Illinois Pension Code.
| ||||||
6 | (q-6) "New SURS survivor" means a survivor, as defined in | ||||||
7 | subsection (q),
whose annuity is paid under Article 15 of the | ||||||
8 | Illinois Pension Code and is
based on the death of (i) an | ||||||
9 | employee whose death occurs on or after January 1,
1998, or | ||||||
10 | (ii) a new SURS annuitant as defined in subsection (b-6).
| ||||||
11 | (q-7) "New TRS State survivor" means a survivor, as defined | ||||||
12 | in subsection
(q), whose annuity is paid under Article 16 of | ||||||
13 | the Illinois Pension Code and is
based on the death of (i) an | ||||||
14 | employee who is a teacher as defined in paragraph
(2), (3), or | ||||||
15 | (5) of Section 16-106 of that Code and whose death occurs on or
| ||||||
16 | after July 1, 1998, or (ii) a new TRS State annuitant as | ||||||
17 | defined in subsection
(b-7).
| ||||||
18 | (r) "Medical services" means the services provided within | ||||||
19 | the scope
of their licenses by practitioners in all categories | ||||||
20 | licensed under the
Medical Practice Act of 1987.
| ||||||
21 | (s) "Unit of local government" means any county, | ||||||
22 | municipality,
township, school district (including a | ||||||
23 | combination of school districts under
the Intergovernmental | ||||||
24 | Cooperation Act), special district or other unit,
designated as | ||||||
25 | a
unit of local government by law, which exercises limited | ||||||
26 | governmental
powers or powers in respect to limited |
| |||||||
| |||||||
1 | governmental subjects, any
not-for-profit association with a | ||||||
2 | membership that primarily includes
townships and township | ||||||
3 | officials, that has duties that include provision of
research | ||||||
4 | service, dissemination of information, and other acts for the
| ||||||
5 | purpose of improving township government, and that is funded | ||||||
6 | wholly or
partly in accordance with Section 85-15 of the | ||||||
7 | Township Code; any
not-for-profit corporation or association, | ||||||
8 | with a membership consisting
primarily of municipalities, that | ||||||
9 | operates its own utility system, and
provides research, | ||||||
10 | training, dissemination of information, or other acts to
| ||||||
11 | promote cooperation between and among municipalities that | ||||||
12 | provide utility
services and for the advancement of the goals | ||||||
13 | and purposes of its
membership;
the Southern Illinois | ||||||
14 | Collegiate Common Market, which is a consortium of higher
| ||||||
15 | education institutions in Southern Illinois; the Illinois | ||||||
16 | Association of
Park Districts; and any hospital provider that | ||||||
17 | is owned by a county that has 100 or fewer hospital beds and | ||||||
18 | has not already joined the program. "Qualified
local | ||||||
19 | government" means a unit of local government approved by the | ||||||
20 | Director and
participating in a program created under | ||||||
21 | subsection (i) of Section 10 of this
Act.
| ||||||
22 | (t) "Qualified rehabilitation facility" means any | ||||||
23 | not-for-profit
organization that is accredited by the | ||||||
24 | Commission on Accreditation of
Rehabilitation Facilities or | ||||||
25 | certified by the Department
of Human Services (as successor to | ||||||
26 | the Department of Mental Health
and Developmental |
| |||||||
| |||||||
1 | Disabilities) to provide services to persons with
disabilities
| ||||||
2 | and which receives funds from the State of Illinois for | ||||||
3 | providing those
services, approved by the Director and | ||||||
4 | participating in a program created
under subsection (j) of | ||||||
5 | Section 10 of this Act.
| ||||||
6 | (u) "Qualified domestic violence shelter or service" means | ||||||
7 | any Illinois
domestic violence shelter or service and its | ||||||
8 | administrative offices funded
by the Department of Human | ||||||
9 | Services (as successor to the Illinois Department of
Public | ||||||
10 | Aid),
approved by the Director and
participating in a program | ||||||
11 | created under subsection (k) of Section 10.
| ||||||
12 | (v) "TRS benefit recipient" means a person who:
| ||||||
13 | (1) is not a "member" as defined in this Section; and
| ||||||
14 | (2) is receiving a monthly benefit or retirement | ||||||
15 | annuity
under Article 16 of the Illinois Pension Code; and
| ||||||
16 | (3) either (i) has at least 8 years of creditable | ||||||
17 | service under Article
16 of the Illinois Pension Code, or | ||||||
18 | (ii) was enrolled in the health insurance
program offered | ||||||
19 | under that Article on January 1, 1996, or (iii) is the | ||||||
20 | survivor
of a benefit recipient who had at least 8
years of | ||||||
21 | creditable service under Article 16 of the Illinois Pension | ||||||
22 | Code or
was enrolled in the health insurance program | ||||||
23 | offered under that Article on
the effective date of this | ||||||
24 | amendatory Act of 1995, or (iv) is a recipient or
survivor | ||||||
25 | of a recipient of a disability benefit under Article 16 of | ||||||
26 | the
Illinois Pension Code.
|
| |||||||
| |||||||
1 | (w) "TRS dependent beneficiary" means a person who:
| ||||||
2 | (1) is not a "member" or "dependent" as defined in this | ||||||
3 | Section; and
| ||||||
4 | (2) is a TRS benefit recipient's: (A) spouse, (B) | ||||||
5 | dependent parent who
is receiving at least half of his or | ||||||
6 | her support from the TRS benefit
recipient, or (C) | ||||||
7 | unmarried natural or adopted child who is (i) under age
19, | ||||||
8 | or (ii) enrolled as a full-time student in
an accredited | ||||||
9 | school, financially dependent upon the TRS benefit | ||||||
10 | recipient,
eligible to be claimed as a dependent for income | ||||||
11 | tax
purposes, and
either is under age 24 or was, on January | ||||||
12 | 1, 1996, participating as a dependent
beneficiary in the | ||||||
13 | health insurance program offered under Article 16 of the
| ||||||
14 | Illinois Pension Code, or (iii) age 19 or over who is | ||||||
15 | mentally or physically
handicapped.
| ||||||
16 | (x) "Military leave with pay and benefits" refers to | ||||||
17 | individuals in basic
training for reserves, special/advanced | ||||||
18 | training, annual training, emergency
call up, or activation by | ||||||
19 | the President of the United States with approved pay
and | ||||||
20 | benefits.
| ||||||
21 | (y) "Military leave without pay and benefits" refers to
| ||||||
22 | individuals who enlist for active duty in a regular component | ||||||
23 | of the U.S. Armed
Forces or other duty not specified or | ||||||
24 | authorized under military leave with pay
and benefits.
| ||||||
25 | (z) "Community college benefit recipient" means a person | ||||||
26 | who:
|
| |||||||
| |||||||
1 | (1) is not a "member" as defined in this Section; and
| ||||||
2 | (2) is receiving a monthly survivor's annuity or | ||||||
3 | retirement annuity
under Article 15 of the Illinois Pension | ||||||
4 | Code; and
| ||||||
5 | (3) either (i) was a full-time employee of a community | ||||||
6 | college district or
an association of community college | ||||||
7 | boards created under the Public Community
College Act | ||||||
8 | (other than an employee whose last employer under Article | ||||||
9 | 15 of the
Illinois Pension Code was a community college | ||||||
10 | district subject to Article VII
of the Public Community | ||||||
11 | College Act) and was eligible to participate in a group
| ||||||
12 | health benefit plan as an employee during the time of | ||||||
13 | employment with a
community college district (other than a | ||||||
14 | community college district subject to
Article VII of the | ||||||
15 | Public Community College Act) or an association of | ||||||
16 | community
college boards, or (ii) is the survivor of a | ||||||
17 | person described in item (i).
| ||||||
18 | (aa) "Community college dependent beneficiary" means a | ||||||
19 | person who:
| ||||||
20 | (1) is not a "member" or "dependent" as defined in this | ||||||
21 | Section; and
| ||||||
22 | (2) is a community college benefit recipient's: (A) | ||||||
23 | spouse, (B) dependent
parent who is receiving at least half | ||||||
24 | of his or her support from the community
college benefit | ||||||
25 | recipient, or (C) unmarried natural or adopted child who is | ||||||
26 | (i)
under age 19, or (ii) enrolled as a full-time student |
| |||||||
| |||||||
1 | in an accredited school,
financially dependent upon the | ||||||
2 | community college benefit recipient, eligible
to be | ||||||
3 | claimed as a dependent for income tax purposes and under | ||||||
4 | age 23, or (iii)
age 19 or over and mentally or physically | ||||||
5 | handicapped.
| ||||||
6 | (bb) "Qualified child advocacy center" means any Illinois | ||||||
7 | child advocacy center and its administrative offices funded by | ||||||
8 | the Department of Children and Family Services, as defined by | ||||||
9 | the Children's Advocacy Center Act (55 ILCS 80/), approved by | ||||||
10 | the Director and participating in a program created under | ||||||
11 | subsection (n) of Section 10.
| ||||||
12 | (Source: P.A. 93-205, eff. 1-1-04; 93-839, eff. 7-30-04; | ||||||
13 | 93-1067, eff. 1-15-05; 94-32, eff. 6-15-05; 94-82, eff. 1-1-06; | ||||||
14 | 94-860, eff. 6-16-06; revised 8-3-06.)
| ||||||
15 | (5 ILCS 375/8) (from Ch. 127, par. 528)
| ||||||
16 | Sec. 8. Eligibility.
| ||||||
17 | (a) Each member eligible under the provisions of this Act | ||||||
18 | and any rules
and regulations promulgated and adopted hereunder | ||||||
19 | by the Director shall
become immediately eligible and covered | ||||||
20 | for all benefits available under
the programs. Members electing | ||||||
21 | coverage for eligible dependents shall have
the coverage | ||||||
22 | effective immediately, provided that the election is properly
| ||||||
23 | filed in accordance with required filing dates and procedures | ||||||
24 | specified by
the Director.
| ||||||
25 | (1) Every member originally eligible to elect |
| |||||||
| |||||||
1 | dependent coverage, but not
electing it during the original | ||||||
2 | eligibility period, may subsequently obtain
dependent | ||||||
3 | coverage only in the event of a qualifying change in | ||||||
4 | status, special
enrollment, special circumstance as | ||||||
5 | defined by the Director, or during the
annual Benefit | ||||||
6 | Choice Period.
| ||||||
7 | (2) Members described above being transferred from | ||||||
8 | previous
coverage towards which the State has been | ||||||
9 | contributing shall be
transferred regardless of | ||||||
10 | preexisting conditions, waiting periods, or
other | ||||||
11 | requirements that might jeopardize claim payments to which | ||||||
12 | they
would otherwise have been entitled.
| ||||||
13 | (3) Eligible and covered members that are eligible for | ||||||
14 | coverage as
dependents except for the fact of being members | ||||||
15 | shall be transferred to,
and covered under, dependent | ||||||
16 | status regardless of preexisting conditions,
waiting | ||||||
17 | periods, or other requirements that might jeopardize claim | ||||||
18 | payments
to which they would otherwise have been entitled | ||||||
19 | upon cessation of member
status and the election of | ||||||
20 | dependent coverage by a member eligible to elect
that | ||||||
21 | coverage.
| ||||||
22 | (b) New employees shall be immediately insured for the | ||||||
23 | basic group
life insurance and covered by the program of health | ||||||
24 | benefits on the first
day of active State service. Optional | ||||||
25 | life insurance coverage one to 4 times the basic amount, if | ||||||
26 | elected
during the relevant eligibility period, will become |
| |||||||
| |||||||
1 | effective on the date
of employment. Optional life insurance | ||||||
2 | coverage exceeding 4 times the basic amount and all life | ||||||
3 | insurance amounts applied for after the
eligibility period will | ||||||
4 | be effective, subject to satisfactory evidence of
insurability | ||||||
5 | when applicable, or other necessary qualifications, pursuant | ||||||
6 | to
the requirements of the applicable benefit program, unless | ||||||
7 | there is a change in
status that would confer new eligibility | ||||||
8 | for change of enrollment under rules
established supplementing | ||||||
9 | this Act, in which event application must be made
within the | ||||||
10 | new eligibility period.
| ||||||
11 | (c) As to the group health benefits program contracted to | ||||||
12 | begin or
continue after June 30, 1973, each retired employee | ||||||
13 | shall become immediately
eligible and covered for all benefits | ||||||
14 | available under that program. Retired
employees may elect | ||||||
15 | coverage for eligible dependents and shall have the
coverage | ||||||
16 | effective immediately, provided that the election is properly
| ||||||
17 | filed in accordance with required filing dates and procedures | ||||||
18 | specified
by the Director.
| ||||||
19 | Except as otherwise provided in this Act, where husband and | ||||||
20 | wife are
both eligible members, each shall be enrolled as a | ||||||
21 | member and coverage on
their eligible dependent children, if | ||||||
22 | any, may be under the enrollment and
election of either.
| ||||||
23 | Regardless of other provisions herein regarding late | ||||||
24 | enrollment or other
qualifications, as appropriate, the
| ||||||
25 | Director may periodically authorize open enrollment periods | ||||||
26 | for each of the
benefit programs at which time each member may |
| |||||||
| |||||||
1 | elect enrollment or change
of enrollment without regard to age, | ||||||
2 | sex, health, or other qualification
under the conditions as may | ||||||
3 | be prescribed in rules and regulations
supplementing this Act. | ||||||
4 | Special open enrollment periods may be declared by
the Director | ||||||
5 | for certain members only when special circumstances occur that
| ||||||
6 | affect only those members.
| ||||||
7 | (d) Beginning with fiscal year 2003 and for all subsequent | ||||||
8 | years, eligible
members may elect not to participate in the | ||||||
9 | program of health benefits as
defined in this Act. The election | ||||||
10 | must be made during the annual benefit
choice period, subject | ||||||
11 | to the conditions in this subsection.
| ||||||
12 | (1) Members must furnish proof of health benefit | ||||||
13 | coverage, either
comprehensive major medical coverage or | ||||||
14 | comprehensive managed care plan,
from a source other than | ||||||
15 | the Department of Central Management Services in
order to | ||||||
16 | elect not to participate in the program.
| ||||||
17 | (2) Members may re-enroll in the Department of Central | ||||||
18 | Management Services
program of health benefits upon | ||||||
19 | showing a qualifying change in status, as
defined in the | ||||||
20 | U.S. Internal Revenue Code, without evidence of | ||||||
21 | insurability
and with no limitations on coverage for | ||||||
22 | pre-existing conditions, provided
that there was not a | ||||||
23 | break in coverage of more than 63 days.
| ||||||
24 | (3) Members may also re-enroll in the program of health | ||||||
25 | benefits during
any annual benefit choice period, without | ||||||
26 | evidence of insurability.
|
| |||||||
| |||||||
1 | (4) Members who elect not to participate in the program | ||||||
2 | of health benefits
shall be furnished a written explanation | ||||||
3 | of the requirements and limitations
for the election not to | ||||||
4 | participate in the program and for re-enrolling in the
| ||||||
5 | program. The explanation shall also be included in the | ||||||
6 | annual benefit choice
options booklets furnished to | ||||||
7 | members.
| ||||||
8 | (d-5) Beginning July 1, 2005, the Director may establish a | ||||||
9 | program of financial incentives to encourage annuitants | ||||||
10 | receiving a retirement annuity from the State Employees | ||||||
11 | Retirement System, but who are not eligible for benefits under | ||||||
12 | the federal Medicare health insurance program (Title XVIII of | ||||||
13 | the Social Security Act, as added by Public Law 89-97) to elect | ||||||
14 | not to participate in the program of health benefits provided | ||||||
15 | under this Act. The election by an annuitant not to participate | ||||||
16 | under this program must be made in accordance with the | ||||||
17 | requirements set forth under subsection (d). The financial | ||||||
18 | incentives provided to these annuitants under the program may | ||||||
19 | not exceed $150 per month for each annuitant electing not to | ||||||
20 | participate in the program of health benefits provided under | ||||||
21 | this Act.
| ||||||
22 | (e) Notwithstanding any other provision of this Act or the | ||||||
23 | rules adopted
under this Act, if a person participating in the | ||||||
24 | program of health benefits as
the dependent spouse of an | ||||||
25 | eligible member becomes an annuitant, the person may
elect, at | ||||||
26 | the time of becoming an annuitant or during any subsequent |
| |||||||
| |||||||
1 | annual
benefit choice period, to continue participation as a | ||||||
2 | dependent rather than
as an eligible member for as long as the | ||||||
3 | person continues to be an eligible
dependent.
| ||||||
4 | An eligible member who has elected to participate as a | ||||||
5 | dependent may
re-enroll in the program of health benefits as an | ||||||
6 | eligible member (i)
during any subsequent annual benefit choice | ||||||
7 | period or (ii) upon showing a
qualifying change in status, as | ||||||
8 | defined in the U.S. Internal Revenue Code,
without evidence of | ||||||
9 | insurability and with no limitations on coverage for
| ||||||
10 | pre-existing conditions.
| ||||||
11 | A person who elects to participate in the program of health | ||||||
12 | benefits as
a dependent rather than as an eligible member shall | ||||||
13 | be furnished a written
explanation of the consequences of | ||||||
14 | electing to participate as a dependent and
the conditions and | ||||||
15 | procedures for re-enrolling as an eligible member. The
| ||||||
16 | explanation shall also be included in the annual benefit choice | ||||||
17 | options booklet
furnished to members.
| ||||||
18 | (Source: P.A. 93-553, eff. 8-20-03; 94-95, eff. 7-1-05; 94-109, | ||||||
19 | eff. 7-1-05; revised 8-9-05.)
| ||||||
20 | (5 ILCS 375/10) (from Ch. 127, par. 530)
| ||||||
21 | Sec. 10. Payments by State; premiums.
| ||||||
22 | (a) The State shall pay the cost of basic non-contributory | ||||||
23 | group life
insurance and, subject to member paid contributions | ||||||
24 | set by the Department or
required by this Section, the basic | ||||||
25 | program of group health benefits on each
eligible member, |
| |||||||
| |||||||
1 | except a member, not otherwise
covered by this Act, who has | ||||||
2 | retired as a participating member under Article 2
of the | ||||||
3 | Illinois Pension Code but is ineligible for the retirement | ||||||
4 | annuity under
Section 2-119 of the Illinois Pension Code, and | ||||||
5 | part of each eligible member's
and retired member's premiums | ||||||
6 | for health insurance coverage for enrolled
dependents as | ||||||
7 | provided by Section 9. The State shall pay the cost of the | ||||||
8 | basic
program of group health benefits only after benefits are | ||||||
9 | reduced by the amount
of benefits covered by Medicare for all | ||||||
10 | members and dependents
who are eligible for benefits under | ||||||
11 | Social Security or
the Railroad Retirement system or who had | ||||||
12 | sufficient Medicare-covered
government employment, except that | ||||||
13 | such reduction in benefits shall apply only
to those members | ||||||
14 | and dependents who (1) first become eligible
for such Medicare | ||||||
15 | coverage on or after July 1, 1992; or (2) are
Medicare-eligible | ||||||
16 | members or dependents of a local government unit which began
| ||||||
17 | participation in the program on or after July 1, 1992; or (3) | ||||||
18 | remain eligible
for, but no longer receive Medicare coverage | ||||||
19 | which they had been receiving on
or after July 1, 1992. The | ||||||
20 | Department may determine the aggregate level of the
State's | ||||||
21 | contribution on the basis of actual cost of medical services | ||||||
22 | adjusted
for age, sex or geographic or other demographic | ||||||
23 | characteristics which affect
the costs of such programs.
| ||||||
24 | The cost of participation in the basic program of group | ||||||
25 | health benefits
for the dependent or survivor of a living or | ||||||
26 | deceased retired employee who was
formerly employed by the |
| |||||||
| |||||||
1 | University of Illinois in the Cooperative Extension
Service and | ||||||
2 | would be an annuitant but for the fact that he or she was made
| ||||||
3 | ineligible to participate in the State Universities Retirement | ||||||
4 | System by clause
(4) of subsection (a) of Section 15-107 of the | ||||||
5 | Illinois Pension Code shall not
be greater than the cost of | ||||||
6 | participation that would otherwise apply to that
dependent or | ||||||
7 | survivor if he or she were the dependent or survivor of an
| ||||||
8 | annuitant under the State Universities Retirement System.
| ||||||
9 | (a-1) Beginning January 1, 1998, for each person who | ||||||
10 | becomes a new SERS
annuitant and participates in the basic | ||||||
11 | program of group health benefits, the
State shall contribute | ||||||
12 | toward the cost of the annuitant's
coverage under the basic | ||||||
13 | program of group health benefits an amount equal
to 5% of that | ||||||
14 | cost for each full year of creditable service upon which the
| ||||||
15 | annuitant's retirement annuity is based, up to a maximum of | ||||||
16 | 100% for an
annuitant with 20 or more years of creditable | ||||||
17 | service.
The remainder of the cost of a new SERS annuitant's | ||||||
18 | coverage under the basic
program of group health benefits shall | ||||||
19 | be the responsibility of the
annuitant. In the case of a new | ||||||
20 | SERS annuitant who has elected to receive an alternative | ||||||
21 | retirement cancellation payment under Section 14-108.5 of the | ||||||
22 | Illinois Pension Code in lieu of an annuity, for the purposes | ||||||
23 | of this subsection the annuitant shall be deemed to be | ||||||
24 | receiving a retirement annuity based on the number of years of | ||||||
25 | creditable service that the annuitant had established at the | ||||||
26 | time of his or her termination of service under SERS.
|
| |||||||
| |||||||
1 | (a-2) Beginning January 1, 1998, for each person who | ||||||
2 | becomes a new SERS
survivor and participates in the basic | ||||||
3 | program of group health benefits, the
State shall contribute | ||||||
4 | toward the cost of the survivor's
coverage under the basic | ||||||
5 | program of group health benefits an amount equal
to 5% of that | ||||||
6 | cost for each full year of the deceased employee's or deceased
| ||||||
7 | annuitant's creditable service in the State Employees' | ||||||
8 | Retirement System of
Illinois on the date of death, up to a | ||||||
9 | maximum of 100% for a survivor of an
employee or annuitant with | ||||||
10 | 20 or more years of creditable service. The
remainder of the | ||||||
11 | cost of the new SERS survivor's coverage under the basic
| ||||||
12 | program of group health benefits shall be the responsibility of | ||||||
13 | the survivor. In the case of a new SERS survivor who was the | ||||||
14 | dependent of an annuitant who elected to receive an alternative | ||||||
15 | retirement cancellation payment under Section 14-108.5 of the | ||||||
16 | Illinois Pension Code in lieu of an annuity, for the purposes | ||||||
17 | of this subsection the deceased annuitant's creditable service | ||||||
18 | shall be determined as of the date of termination of service | ||||||
19 | rather than the date of death.
| ||||||
20 | (a-3) Beginning January 1, 1998, for each person who | ||||||
21 | becomes a new SURS
annuitant and participates in the basic | ||||||
22 | program of group health benefits, the
State shall contribute | ||||||
23 | toward the cost of the annuitant's
coverage under the basic | ||||||
24 | program of group health benefits an amount equal
to 5% of that | ||||||
25 | cost for each full year of creditable service upon which the
| ||||||
26 | annuitant's retirement annuity is based, up to a maximum of |
| |||||||
| |||||||
1 | 100% for an
annuitant with 20 or more years of creditable | ||||||
2 | service.
The remainder of the cost of a new SURS annuitant's | ||||||
3 | coverage under the basic
program of group health benefits shall | ||||||
4 | be the responsibility of the
annuitant.
| ||||||
5 | (a-4) (Blank).
| ||||||
6 | (a-5) Beginning January 1, 1998, for each person who | ||||||
7 | becomes a new SURS
survivor and participates in the basic | ||||||
8 | program of group health benefits, the
State shall contribute | ||||||
9 | toward the cost of the survivor's coverage under the
basic | ||||||
10 | program of group health benefits an amount equal to 5% of that | ||||||
11 | cost for
each full year of the deceased employee's or deceased | ||||||
12 | annuitant's creditable
service in the State Universities | ||||||
13 | Retirement System on the date of death, up to
a maximum of 100% | ||||||
14 | for a survivor of an
employee or annuitant with 20 or more | ||||||
15 | years of creditable service. The
remainder of the cost of the | ||||||
16 | new SURS survivor's coverage under the basic
program of group | ||||||
17 | health benefits shall be the responsibility of the survivor.
| ||||||
18 | (a-6) Beginning July 1, 1998, for each person who becomes a | ||||||
19 | new TRS
State annuitant and participates in the basic program | ||||||
20 | of group health benefits,
the State shall contribute toward the | ||||||
21 | cost of the annuitant's coverage under
the basic program of | ||||||
22 | group health benefits an amount equal to 5% of that cost
for | ||||||
23 | each full year of creditable service
as a teacher as defined in | ||||||
24 | paragraph (2), (3), or (5) of Section 16-106 of the
Illinois | ||||||
25 | Pension Code
upon which the annuitant's retirement annuity is | ||||||
26 | based, up to a maximum of
100%;
except that
the State |
| |||||||
| |||||||
1 | contribution shall be 12.5% per year (rather than 5%) for each | ||||||
2 | full
year of creditable service as a regional superintendent or | ||||||
3 | assistant regional
superintendent of schools. The
remainder of | ||||||
4 | the cost of a new TRS State annuitant's coverage under the | ||||||
5 | basic
program of group health benefits shall be the | ||||||
6 | responsibility of the
annuitant.
| ||||||
7 | (a-7) Beginning July 1, 1998, for each person who becomes a | ||||||
8 | new TRS
State survivor and participates in the basic program of | ||||||
9 | group health benefits,
the State shall contribute toward the | ||||||
10 | cost of the survivor's coverage under the
basic program of | ||||||
11 | group health benefits an amount equal to 5% of that cost for
| ||||||
12 | each full year of the deceased employee's or deceased | ||||||
13 | annuitant's creditable
service
as a teacher as defined in | ||||||
14 | paragraph (2), (3), or (5) of Section 16-106 of the
Illinois | ||||||
15 | Pension Code
on the date of death, up to a maximum of 100%;
| ||||||
16 | except that the State contribution shall be 12.5% per year | ||||||
17 | (rather than 5%) for
each full year of the deceased employee's | ||||||
18 | or deceased annuitant's creditable
service as a regional | ||||||
19 | superintendent or assistant regional superintendent of
| ||||||
20 | schools.
The remainder of
the cost of the new TRS State | ||||||
21 | survivor's coverage under the basic program of
group health | ||||||
22 | benefits shall be the responsibility of the survivor.
| ||||||
23 | (a-8) A new SERS annuitant, new SERS survivor, new SURS
| ||||||
24 | annuitant, new SURS survivor, new TRS State
annuitant, or new | ||||||
25 | TRS State survivor may waive or terminate coverage in
the | ||||||
26 | program of group health benefits. Any such annuitant or |
| |||||||
| |||||||
1 | survivor
who has waived or terminated coverage may enroll or | ||||||
2 | re-enroll in the
program of group health benefits only during | ||||||
3 | the annual benefit choice period,
as determined by the | ||||||
4 | Director; except that in the event of termination of
coverage | ||||||
5 | due to nonpayment of premiums, the annuitant or survivor
may | ||||||
6 | not re-enroll in the program.
| ||||||
7 | (a-9) No later than May 1 of each calendar year, the | ||||||
8 | Director
of Central Management Services shall certify in | ||||||
9 | writing to the Executive
Secretary of the State Employees' | ||||||
10 | Retirement System of Illinois the amounts
of the Medicare | ||||||
11 | supplement health care premiums and the amounts of the
health | ||||||
12 | care premiums for all other retirees who are not Medicare | ||||||
13 | eligible.
| ||||||
14 | A separate calculation of the premiums based upon the | ||||||
15 | actual cost of each
health care plan shall be so certified.
| ||||||
16 | The Director of Central Management Services shall provide | ||||||
17 | to the
Executive Secretary of the State Employees' Retirement | ||||||
18 | System of
Illinois such information, statistics, and other data | ||||||
19 | as he or she
may require to review the premium amounts | ||||||
20 | certified by the Director
of Central Management Services.
| ||||||
21 | (b) State employees who become eligible for this program on | ||||||
22 | or after January
1, 1980 in positions normally requiring actual | ||||||
23 | performance of duty not less
than 1/2 of a normal work period | ||||||
24 | but not equal to that of a normal work period,
shall be given | ||||||
25 | the option of participating in the available program. If the
| ||||||
26 | employee elects coverage, the State shall contribute on behalf |
| |||||||
| |||||||
1 | of such employee
to the cost of the employee's benefit and any | ||||||
2 | applicable dependent supplement,
that sum which bears the same | ||||||
3 | percentage as that percentage of time the
employee regularly | ||||||
4 | works when compared to normal work period.
| ||||||
5 | (c) The basic non-contributory coverage from the basic | ||||||
6 | program of
group health benefits shall be continued for each | ||||||
7 | employee not in pay status or
on active service by reason of | ||||||
8 | (1) leave of absence due to illness or injury,
(2) authorized | ||||||
9 | educational leave of absence or sabbatical leave, or (3)
| ||||||
10 | military leave with pay and benefits. This coverage shall | ||||||
11 | continue until
expiration of authorized leave and return to | ||||||
12 | active service, but not to exceed
24 months for leaves under | ||||||
13 | item (1) or (2). This 24-month limitation and the
requirement | ||||||
14 | of returning to active service shall not apply to persons | ||||||
15 | receiving
ordinary or accidental disability benefits or | ||||||
16 | retirement benefits through the
appropriate State retirement | ||||||
17 | system or benefits under the Workers' Compensation
or | ||||||
18 | Occupational Disease Act.
| ||||||
19 | (d) The basic group life insurance coverage shall continue, | ||||||
20 | with
full State contribution, where such person is (1) absent | ||||||
21 | from active
service by reason of disability arising from any | ||||||
22 | cause other than
self-inflicted, (2) on authorized educational | ||||||
23 | leave of absence or
sabbatical leave, or (3) on military leave | ||||||
24 | with pay and benefits.
| ||||||
25 | (e) Where the person is in non-pay status for a period in | ||||||
26 | excess of
30 days or on leave of absence, other than by reason |
| |||||||
| |||||||
1 | of disability,
educational or sabbatical leave, or military | ||||||
2 | leave with pay and benefits, such
person may continue coverage | ||||||
3 | only by making personal
payment equal to the amount normally | ||||||
4 | contributed by the State on such person's
behalf. Such payments | ||||||
5 | and coverage may be continued: (1) until such time as
the | ||||||
6 | person returns to a status eligible for coverage at State | ||||||
7 | expense, but not
to exceed 24 months, (2) until such person's | ||||||
8 | employment or annuitant status
with the State is terminated, or | ||||||
9 | (3) for a maximum period of 4 years for
members on military | ||||||
10 | leave with pay and benefits and military leave without pay
and | ||||||
11 | benefits (exclusive of any additional service imposed pursuant | ||||||
12 | to law).
| ||||||
13 | (f) The Department shall establish by rule the extent to | ||||||
14 | which other
employee benefits will continue for persons in | ||||||
15 | non-pay status or who are
not in active service.
| ||||||
16 | (g) The State shall not pay the cost of the basic | ||||||
17 | non-contributory
group life insurance, program of health | ||||||
18 | benefits and other employee benefits
for members who are | ||||||
19 | survivors as defined by paragraphs (1) and (2) of
subsection | ||||||
20 | (q) of Section 3 of this Act. The costs of benefits for these
| ||||||
21 | survivors shall be paid by the survivors or by the University | ||||||
22 | of Illinois
Cooperative Extension Service, or any combination | ||||||
23 | thereof.
However, the State shall pay the amount of the | ||||||
24 | reduction in the cost of
participation, if any, resulting from | ||||||
25 | the amendment to subsection (a) made
by this amendatory Act of | ||||||
26 | the 91st General Assembly.
|
| |||||||
| |||||||
1 | (h) Those persons occupying positions with any department | ||||||
2 | as a result
of emergency appointments pursuant to Section 8b.8 | ||||||
3 | of the Personnel Code
who are not considered employees under | ||||||
4 | this Act shall be given the option
of participating in the | ||||||
5 | programs of group life insurance, health benefits and
other | ||||||
6 | employee benefits. Such persons electing coverage may | ||||||
7 | participate only
by making payment equal to the amount normally | ||||||
8 | contributed by the State for
similarly situated employees. Such | ||||||
9 | amounts shall be determined by the
Director. Such payments and | ||||||
10 | coverage may be continued until such time as the
person becomes | ||||||
11 | an employee pursuant to this Act or such person's appointment | ||||||
12 | is
terminated.
| ||||||
13 | (i) Any unit of local government within the State of | ||||||
14 | Illinois
may apply to the Director to have its employees, | ||||||
15 | annuitants, and their
dependents provided group health | ||||||
16 | coverage under this Act on a non-insured
basis. To participate, | ||||||
17 | a unit of local government must agree to enroll
all of its | ||||||
18 | employees, who may select coverage under either the State group
| ||||||
19 | health benefits plan or a health maintenance organization that | ||||||
20 | has
contracted with the State to be available as a health care | ||||||
21 | provider for
employees as defined in this Act. A unit of local | ||||||
22 | government must remit the
entire cost of providing coverage | ||||||
23 | under the State group health benefits plan
or, for coverage | ||||||
24 | under a health maintenance organization, an amount determined
| ||||||
25 | by the Director based on an analysis of the sex, age, | ||||||
26 | geographic location, or
other relevant demographic variables |
| |||||||
| |||||||
1 | for its employees, except that the unit of
local government | ||||||
2 | shall not be required to enroll those of its employees who are
| ||||||
3 | covered spouses or dependents under this plan or another group | ||||||
4 | policy or plan
providing health benefits as long as (1) an | ||||||
5 | appropriate official from the unit
of local government attests | ||||||
6 | that each employee not enrolled is a covered spouse
or | ||||||
7 | dependent under this plan or another group policy or plan, and | ||||||
8 | (2) at least
85% of the employees are enrolled and the unit of | ||||||
9 | local government remits
the entire cost of providing coverage | ||||||
10 | to those employees, except that a
participating school district | ||||||
11 | must have enrolled at least 85% of its full-time
employees who | ||||||
12 | have not waived coverage under the district's group health
plan | ||||||
13 | by participating in a component of the district's cafeteria | ||||||
14 | plan. A
participating school district is not required to enroll | ||||||
15 | a full-time employee
who has waived coverage under the | ||||||
16 | district's health plan, provided that an
appropriate official | ||||||
17 | from the participating school district attests that the
| ||||||
18 | full-time employee has waived coverage by participating in a | ||||||
19 | component of the
district's cafeteria plan. For the purposes of | ||||||
20 | this subsection, "participating
school district" includes a | ||||||
21 | unit of local government whose primary purpose is
education as | ||||||
22 | defined by the Department's rules.
| ||||||
23 | Employees of a participating unit of local government who | ||||||
24 | are not enrolled
due to coverage under another group health | ||||||
25 | policy or plan may enroll in
the event of a qualifying change | ||||||
26 | in status, special enrollment, special
circumstance as defined |
| |||||||
| |||||||
1 | by the Director, or during the annual Benefit Choice
Period. A | ||||||
2 | participating unit of local government may also elect to cover | ||||||
3 | its
annuitants. Dependent coverage shall be offered on an | ||||||
4 | optional basis, with the
costs paid by the unit of local | ||||||
5 | government, its employees, or some combination
of the two as | ||||||
6 | determined by the unit of local government. The unit of local
| ||||||
7 | government shall be responsible for timely collection and | ||||||
8 | transmission of
dependent premiums.
| ||||||
9 | The Director shall annually determine monthly rates of | ||||||
10 | payment, subject
to the following constraints:
| ||||||
11 | (1) In the first year of coverage, the rates shall be | ||||||
12 | equal to the
amount normally charged to State employees for | ||||||
13 | elected optional coverages
or for enrolled dependents | ||||||
14 | coverages or other contributory coverages, or
contributed | ||||||
15 | by the State for basic insurance coverages on behalf of its
| ||||||
16 | employees, adjusted for differences between State | ||||||
17 | employees and employees
of the local government in age, | ||||||
18 | sex, geographic location or other relevant
demographic | ||||||
19 | variables, plus an amount sufficient to pay for the | ||||||
20 | additional
administrative costs of providing coverage to | ||||||
21 | employees of the unit of
local government and their | ||||||
22 | dependents.
| ||||||
23 | (2) In subsequent years, a further adjustment shall be | ||||||
24 | made to reflect
the actual prior years' claims experience | ||||||
25 | of the employees of the unit of
local government.
| ||||||
26 | In the case of coverage of local government employees under |
| |||||||
| |||||||
1 | a health
maintenance organization, the Director shall annually | ||||||
2 | determine for each
participating unit of local government the | ||||||
3 | maximum monthly amount the unit
may contribute toward that | ||||||
4 | coverage, based on an analysis of (i) the age,
sex, geographic | ||||||
5 | location, and other relevant demographic variables of the
| ||||||
6 | unit's employees and (ii) the cost to cover those employees | ||||||
7 | under the State
group health benefits plan. The Director may | ||||||
8 | similarly determine the
maximum monthly amount each unit of | ||||||
9 | local government may contribute toward
coverage of its | ||||||
10 | employees' dependents under a health maintenance organization.
| ||||||
11 | Monthly payments by the unit of local government or its | ||||||
12 | employees for
group health benefits plan or health maintenance | ||||||
13 | organization coverage shall
be deposited in the Local | ||||||
14 | Government Health Insurance Reserve Fund.
| ||||||
15 | The Local Government Health Insurance Reserve Fund shall be | ||||||
16 | a continuing
fund not subject to fiscal year limitations. All | ||||||
17 | revenues arising from the administration of the health benefits | ||||||
18 | program established under this Section shall be deposited into | ||||||
19 | the Local Government Health Insurance Reserve Fund. All | ||||||
20 | expenditures from this Fund
shall be used for payments for | ||||||
21 | health care benefits for local government and rehabilitation | ||||||
22 | facility
employees, annuitants, and dependents, and to | ||||||
23 | reimburse the Department or
its administrative service | ||||||
24 | organization for all expenses incurred in the
administration of | ||||||
25 | benefits. No other State funds may be used for these
purposes.
| ||||||
26 | A local government employer's participation or desire to |
| |||||||
| |||||||
1 | participate
in a program created under this subsection shall | ||||||
2 | not limit that employer's
duty to bargain with the | ||||||
3 | representative of any collective bargaining unit
of its | ||||||
4 | employees.
| ||||||
5 | (j) Any rehabilitation facility within the State of | ||||||
6 | Illinois may apply
to the Director to have its employees, | ||||||
7 | annuitants, and their eligible
dependents provided group | ||||||
8 | health coverage under this Act on a non-insured
basis. To | ||||||
9 | participate, a rehabilitation facility must agree to enroll all
| ||||||
10 | of its employees and remit the entire cost of providing such | ||||||
11 | coverage for
its employees, except that the rehabilitation | ||||||
12 | facility shall not be
required to enroll those of its employees | ||||||
13 | who are covered spouses or
dependents under this plan or | ||||||
14 | another group policy or plan providing health
benefits as long | ||||||
15 | as (1) an appropriate official from the rehabilitation
facility | ||||||
16 | attests that each employee not enrolled is a covered spouse or
| ||||||
17 | dependent under this plan or another group policy or plan, and | ||||||
18 | (2) at least
85% of the employees are enrolled and the | ||||||
19 | rehabilitation facility remits
the entire cost of providing | ||||||
20 | coverage to those employees. Employees of a
participating | ||||||
21 | rehabilitation facility who are not enrolled due to coverage
| ||||||
22 | under another group health policy or plan may enroll
in the | ||||||
23 | event of a qualifying change in status, special enrollment, | ||||||
24 | special
circumstance as defined by the Director, or during the | ||||||
25 | annual Benefit Choice
Period. A participating rehabilitation | ||||||
26 | facility may also elect
to cover its annuitants. Dependent |
| |||||||
| |||||||
1 | coverage shall be offered on an optional
basis, with the costs | ||||||
2 | paid by the rehabilitation facility, its employees, or
some | ||||||
3 | combination of the 2 as determined by the rehabilitation | ||||||
4 | facility. The
rehabilitation facility shall be responsible for | ||||||
5 | timely collection and
transmission of dependent premiums.
| ||||||
6 | The Director shall annually determine quarterly rates of | ||||||
7 | payment, subject
to the following constraints:
| ||||||
8 | (1) In the first year of coverage, the rates shall be | ||||||
9 | equal to the amount
normally charged to State employees for | ||||||
10 | elected optional coverages or for
enrolled dependents | ||||||
11 | coverages or other contributory coverages on behalf of
its | ||||||
12 | employees, adjusted for differences between State | ||||||
13 | employees and
employees of the rehabilitation facility in | ||||||
14 | age, sex, geographic location
or other relevant | ||||||
15 | demographic variables, plus an amount sufficient to pay
for | ||||||
16 | the additional administrative costs of providing coverage | ||||||
17 | to employees
of the rehabilitation facility and their | ||||||
18 | dependents.
| ||||||
19 | (2) In subsequent years, a further adjustment shall be | ||||||
20 | made to reflect
the actual prior years' claims experience | ||||||
21 | of the employees of the
rehabilitation facility.
| ||||||
22 | Monthly payments by the rehabilitation facility or its | ||||||
23 | employees for
group health benefits shall be deposited in the | ||||||
24 | Local Government Health
Insurance Reserve Fund.
| ||||||
25 | (k) Any domestic violence shelter or service within the | ||||||
26 | State of Illinois
may apply to the Director to have its |
| |||||||
| |||||||
1 | employees, annuitants, and their
dependents provided group | ||||||
2 | health coverage under this Act on a non-insured
basis. To | ||||||
3 | participate, a domestic violence shelter or service must agree | ||||||
4 | to
enroll all of its employees and pay the entire cost of | ||||||
5 | providing such coverage
for its employees. A participating | ||||||
6 | domestic violence shelter may also elect
to cover its | ||||||
7 | annuitants. Dependent coverage shall be offered on an optional
| ||||||
8 | basis, with
employees, or some combination of the 2 as | ||||||
9 | determined by the domestic violence
shelter or service. The | ||||||
10 | domestic violence shelter or service shall be
responsible for | ||||||
11 | timely collection and transmission of dependent premiums.
| ||||||
12 | The Director shall annually determine rates of payment,
| ||||||
13 | subject to the following constraints:
| ||||||
14 | (1) In the first year of coverage, the rates shall be | ||||||
15 | equal to the
amount normally charged to State employees for | ||||||
16 | elected optional coverages
or for enrolled dependents | ||||||
17 | coverages or other contributory coverages on
behalf of its | ||||||
18 | employees, adjusted for differences between State | ||||||
19 | employees and
employees of the domestic violence shelter or | ||||||
20 | service in age, sex, geographic
location or other relevant | ||||||
21 | demographic variables, plus an amount sufficient
to pay for | ||||||
22 | the additional administrative costs of providing coverage | ||||||
23 | to
employees of the domestic violence shelter or service | ||||||
24 | and their dependents.
| ||||||
25 | (2) In subsequent years, a further adjustment shall be | ||||||
26 | made to reflect
the actual prior years' claims experience |
| |||||||
| |||||||
1 | of the employees of the domestic
violence shelter or | ||||||
2 | service.
| ||||||
3 | Monthly payments by the domestic violence shelter or | ||||||
4 | service or its employees
for group health insurance shall be | ||||||
5 | deposited in the Local Government Health
Insurance Reserve | ||||||
6 | Fund.
| ||||||
7 | (l) A public community college or entity organized pursuant | ||||||
8 | to the
Public Community College Act may apply to the Director | ||||||
9 | initially to have
only annuitants not covered prior to July 1, | ||||||
10 | 1992 by the district's health
plan provided health coverage | ||||||
11 | under this Act on a non-insured basis. The
community college | ||||||
12 | must execute a 2-year contract to participate in the
Local | ||||||
13 | Government Health Plan.
Any annuitant may enroll in the event | ||||||
14 | of a qualifying change in status, special
enrollment, special | ||||||
15 | circumstance as defined by the Director, or during the
annual | ||||||
16 | Benefit Choice Period.
| ||||||
17 | The Director shall annually determine monthly rates of | ||||||
18 | payment subject to
the following constraints: for those | ||||||
19 | community colleges with annuitants
only enrolled, first year | ||||||
20 | rates shall be equal to the average cost to cover
claims for a | ||||||
21 | State member adjusted for demographics, Medicare
| ||||||
22 | participation, and other factors; and in the second year, a | ||||||
23 | further adjustment
of rates shall be made to reflect the actual | ||||||
24 | first year's claims experience
of the covered annuitants.
| ||||||
25 | (l-5) The provisions of subsection (l) become inoperative | ||||||
26 | on July 1, 1999.
|
| |||||||
| |||||||
1 | (m) The Director shall adopt any rules deemed necessary for
| ||||||
2 | implementation of this amendatory Act of 1989 (Public Act | ||||||
3 | 86-978).
| ||||||
4 | (n) Any child advocacy center within the State of Illinois | ||||||
5 | may apply to the Director to have its employees, annuitants, | ||||||
6 | and their dependants provided group health coverage under this | ||||||
7 | Act on a non-insured basis. To participate, a child advocacy | ||||||
8 | center must agree to enroll all of its employees and pay the | ||||||
9 | entire cost of providing coverage for its employees. A | ||||||
10 | participating child advocacy center may also elect to cover its | ||||||
11 | annuitants. Dependent coverage shall be offered on an optional | ||||||
12 | basis, with the costs paid by the child advocacy center, its | ||||||
13 | employees, or some combination of the 2 as determined by the | ||||||
14 | child advocacy center. The child advocacy center shall be | ||||||
15 | responsible for timely collection and transmission of | ||||||
16 | dependent premiums. | ||||||
17 | The Director shall annually determine rates of payment, | ||||||
18 | subject to the following constraints: | ||||||
19 | (1) In the first year of coverage, the rates shall be | ||||||
20 | equal to the amount normally charged to State employees for | ||||||
21 | elected optional coverages or for enrolled dependents | ||||||
22 | coverages or other contributory coverages on behalf of its | ||||||
23 | employees, adjusted for differences between State | ||||||
24 | employees and employees of the child advocacy center in | ||||||
25 | age, sex, geographic location, or other relevant | ||||||
26 | demographic variables, plus an amount sufficient to pay for |
| |||||||
| |||||||
1 | the additional administrative costs of providing coverage | ||||||
2 | to employees of the child advocacy center and their | ||||||
3 | dependents. | ||||||
4 | (2) In subsequent years, a further adjustment shall be | ||||||
5 | made to reflect the actual prior years' claims experience | ||||||
6 | of the employees of the child advocacy center. | ||||||
7 | Monthly payments by the child advocacy center or its | ||||||
8 | employees for group health insurance shall be deposited into | ||||||
9 | the Local Government Health Insurance Reserve Fund. | ||||||
10 | (Source: P.A. 93-839, eff. 7-30-04; 94-839, eff. 6-6-06; | ||||||
11 | 94-860, eff. 6-16-06; revised 8-3-06.)
| ||||||
12 | Section 45. The State Officials and Employees Ethics Act is | ||||||
13 | amended by changing Section 5-50 and by adding Section 99-10 as | ||||||
14 | follows: | ||||||
15 | (5 ILCS 430/5-50)
| ||||||
16 | Sec. 5-50. Ex parte communications; special government | ||||||
17 | agents.
| ||||||
18 | (a) This Section applies to ex
parte communications made to | ||||||
19 | any agency listed in subsection (e).
| ||||||
20 | (b) "Ex parte communication" means any written or oral | ||||||
21 | communication by any
person
that imparts or requests material
| ||||||
22 | information
or makes a material argument regarding
potential | ||||||
23 | action concerning regulatory, quasi-adjudicatory, investment, | ||||||
24 | or
licensing
matters pending before or under consideration by |
| |||||||
| |||||||
1 | the agency.
"Ex parte
communication" does not include the | ||||||
2 | following: (i) statements by
a person publicly made in a public | ||||||
3 | forum; (ii) statements regarding
matters of procedure and | ||||||
4 | practice, such as format, the
number of copies required, the | ||||||
5 | manner of filing, and the status
of a matter; and (iii) | ||||||
6 | statements made by a
State employee of the agency to the agency | ||||||
7 | head or other employees of that
agency.
| ||||||
8 | (b-5) An ex parte communication received by an agency,
| ||||||
9 | agency head, or other agency employee from an interested party | ||||||
10 | or
his or her official representative or attorney shall | ||||||
11 | promptly be
memorialized and made a part of the record.
| ||||||
12 | (c) An ex parte communication received by any agency, | ||||||
13 | agency head, or
other agency
employee, other than an ex parte | ||||||
14 | communication described in subsection (b-5),
shall immediately | ||||||
15 | be reported to that agency's ethics officer by the recipient
of | ||||||
16 | the communication and by any other employee of that agency who | ||||||
17 | responds to
the communication. The ethics officer shall require | ||||||
18 | that the ex parte
communication
be promptly made a part of the | ||||||
19 | record. The ethics officer shall promptly
file the ex parte | ||||||
20 | communication with the
Executive Ethics Commission, including | ||||||
21 | all written
communications, all written responses to the | ||||||
22 | communications, and a memorandum
prepared by the ethics officer | ||||||
23 | stating the nature and substance of all oral
communications, | ||||||
24 | the identity and job title of the person to whom each
| ||||||
25 | communication was made,
all responses made, the identity and | ||||||
26 | job title of the person making each
response,
the identity of |
| |||||||
| |||||||
1 | each person from whom the written or oral ex parte
| ||||||
2 | communication was received, the individual or entity | ||||||
3 | represented by that
person, any action the person requested or | ||||||
4 | recommended, and any other pertinent
information.
The | ||||||
5 | disclosure shall also contain the date of any
ex parte | ||||||
6 | communication.
| ||||||
7 | (d) "Interested party" means a person or entity whose | ||||||
8 | rights,
privileges, or interests are the subject of or are | ||||||
9 | directly affected by
a regulatory, quasi-adjudicatory, | ||||||
10 | investment, or licensing matter.
| ||||||
11 | (e) This Section applies to the following agencies:
| ||||||
12 | Executive Ethics Commission
| ||||||
13 | Illinois Commerce Commission
| ||||||
14 | Educational Labor Relations Board
| ||||||
15 | State Board of Elections
| ||||||
16 | Illinois Gaming Board
| ||||||
17 | Health Facilities Planning Board
| ||||||
18 | Illinois Workers' Compensation Commission | ||||||
19 | Industrial Commission
| ||||||
20 | Illinois Labor Relations Board
| ||||||
21 | Illinois Liquor Control Commission
| ||||||
22 | Pollution Control Board
| ||||||
23 | Property Tax Appeal Board
| ||||||
24 | Illinois Racing Board
| ||||||
25 | Illinois Purchased Care Review Board
| ||||||
26 | Department of State Police Merit Board
|
| |||||||
| |||||||
1 | Motor Vehicle Review Board
| ||||||
2 | Prisoner Review Board
| ||||||
3 | Civil Service Commission
| ||||||
4 | Personnel Review Board for the Treasurer
| ||||||
5 | Merit Commission for the Secretary of State
| ||||||
6 | Merit Commission for the Office of the Comptroller
| ||||||
7 | Court of Claims
| ||||||
8 | Board of Review of the Department of Employment Security
| ||||||
9 | Department of Insurance
| ||||||
10 | Department of Professional Regulation and licensing boards
| ||||||
11 | under the Department
| ||||||
12 | Department of Public Health and licensing boards under the
| ||||||
13 | Department
| ||||||
14 | Office of Banks and Real Estate and licensing boards under
| ||||||
15 | the Office
| ||||||
16 | State Employees Retirement System Board of Trustees
| ||||||
17 | Judges Retirement System Board of Trustees
| ||||||
18 | General Assembly Retirement System Board of Trustees
| ||||||
19 | Illinois Board of Investment
| ||||||
20 | State Universities Retirement System Board of Trustees
| ||||||
21 | Teachers Retirement System Officers Board of Trustees
| ||||||
22 | (f) Any person who fails to (i) report an ex parte | ||||||
23 | communication to an
ethics officer, (ii) make information part | ||||||
24 | of the record, or (iii) make a
filing
with the Executive Ethics | ||||||
25 | Commission as required by this Section or as required
by
| ||||||
26 | Section 5-165 of the Illinois Administrative Procedure Act |
| |||||||
| |||||||
1 | violates this Act.
| ||||||
2 | (Source: P.A. 93-617, eff. 12-9-03; revised 10-11-05.)
| ||||||
3 | (5 ILCS 430/99-10) (was Sec. 995 of PA 93-617)
| ||||||
4 | (This Section was enacted as Section 995 of P.A. 93-617; it | ||||||
5 | is being added to the State Officials and Employees Ethics Act, | ||||||
6 | amended, and renumbered for codification purposes.) | ||||||
7 | Sec. 99-10.
995.
Closed sessions; vote requirement.
Public | ||||||
8 | Act 93-617
This Act authorizes the ethics commissions of the | ||||||
9 | executive branch and legislative
branch
to conduct closed | ||||||
10 | sessions, hearings, and meetings in certain circumstances. In
| ||||||
11 | order to meet the requirements of subsection (c) of Section 5 | ||||||
12 | of Article IV of
the Illinois Constitution, the General | ||||||
13 | Assembly determines that closed
sessions,
hearings, and | ||||||
14 | meetings of the ethics commissions, including the ethics
| ||||||
15 | commission for the legislative branch, are required by the | ||||||
16 | public interest.
Thus, Public Act 93-617 was
this Act is
| ||||||
17 | enacted by the affirmative vote of two-thirds of the members
| ||||||
18 | elected to each house of the General Assembly.
| ||||||
19 | (P.A. 93-617, eff. 12-9-03; revised 1-10-04.)
| ||||||
20 | Section 50. The Fort Sheridan Retrocession Law of 1992 is | ||||||
21 | amended by changing Section 20-20 as follows:
| ||||||
22 | (5 ILCS 541/20-20) (from Ch. 1, par. 7220)
| ||||||
23 | Sec. 20-20. Exclusive jurisdiction. The exclusive |
| |||||||
| |||||||
1 | jurisdiction hereby
retroceded and the concurrent jurisdiction | ||||||
2 | hereby ceded with the State of
Illinois shall continue no | ||||||
3 | longer than the United States
State of America owns the
land | ||||||
4 | described in Section 20-5.
| ||||||
5 | (Source: P.A. 87-866; revised 10-11-05.)
| ||||||
6 | Section 55. The Savanna Army Depot Retrocession Law is | ||||||
7 | amended by changing Section 5 as follows:
| ||||||
8 | (5 ILCS 571/5)
| ||||||
9 | Sec. 5. Authorization to accept retrocession.
| ||||||
10 | (a) Under the provisions of Section 2683 of Title 10 of the | ||||||
11 | United States
Code, the State of Illinois authorizes acceptance | ||||||
12 | of retrocession by the United
States of America of concurrent | ||||||
13 | legislative jurisdiction over lands consisting
of the U.S. Army | ||||||
14 | Depot Activity Savanna Military
Reservation, Jo Daviess County | ||||||
15 | and Carroll County, Illinois, being more
particularly | ||||||
16 | described as follows:
| ||||||
17 | Situate in the State of Illinois, Jo Daviess County and | ||||||
18 | Carroll County, in
sections 1, 2, 3, 4, 5, 10, 11, and 12 | ||||||
19 | of Township 25 north, Range 2 east and
sections 18, 19, 20, | ||||||
20 | 28, 29, 30, 31, 32, 33, and 34 of Township 26 north, Range
| ||||||
21 | 2 east and Sections 3, 4, 5, 8, 9, 10, 11, 12, 13, 14, 15, | ||||||
22 | 16, 21, 22, 23, 24,
25, 26, 27, 35, and 36 of Township 26 | ||||||
23 | north, Range 1 east, and section 6 of
Township 25 north, | ||||||
24 | Range 3 east, all of the Fourth Principal Meridian, and |
| |||||||
| |||||||
1 | more
particularly described as follows.
| ||||||
2 | Beginning at a concrete monument at the intersection of the | ||||||
3 | east bank of the
Mississippi River and the north line of | ||||||
4 | section 5, Township 26 north, Range 1
east; thence with | ||||||
5 | said north line
| ||||||
6 | Easterly 3,141 feet to a buggy axle at the northeast corner | ||||||
7 | of section 5;
thence with the north line of section 4
| ||||||
8 | Easterly 2,640 feet to a 2 inch shafting at the north | ||||||
9 | quarter corner of
Section 4; thence
| ||||||
10 | Easterly 1,002 feet to a monument on the westerly | ||||||
11 | right-of-way line of the
Burlington Northern Santa Fe | ||||||
12 | Railroad; thence crossing section 4 with said
right-of-way | ||||||
13 | line as it generally follows a southeasterly direction
| ||||||
14 | Southeasterly 2,335 feet, more or less, to point on the | ||||||
15 | west line of Section
3, said point being located South | ||||||
16 | 1,588 feet from the northwest corner of
section 3; thence | ||||||
17 | crossing a portion of section 3
| ||||||
18 | Southeasterly 2,845 feet, more or less, to a monument on | ||||||
19 | the boundary of the
village of Blanding; thence with the | ||||||
20 | common boundary of the U.S. Army Depot
Activity Savanna and | ||||||
21 | village of Blanding
| ||||||
22 | South 43° 50' West 372 feet to a monument
| ||||||
23 | South 46° 10' East 131 feet to a monument
| ||||||
24 | North 60° 30' East 387 feet to a monument on said westerly | ||||||
25 | railroad
right-of-way line; thence crossing section 3 with | ||||||
26 | said right-of-way line as it
generally follows a |
| |||||||
| |||||||
1 | southeasterly direction
| ||||||
2 | Southeasterly 2,430 feet, more or less to a point on the | ||||||
3 | north line of
Section 10, said point being located West | ||||||
4 | 1,332 feet from a monument at the
northeast corner of | ||||||
5 | Section 10; thence crossing Section 10 and a portion of
| ||||||
6 | Section 11
| ||||||
7 | Southeasterly 5,010 feet, more or less, to a monument on | ||||||
8 | the north and south
quarter line through Section 11, said | ||||||
9 | point being located North 3,102 feet from
a stone on the | ||||||
10 | south line of Section 11; thence crossing Section 11
| ||||||
11 | Southeasterly 3,000 feet, more or less, to a monument on | ||||||
12 | the east line of
Section 11, said monument being located | ||||||
13 | North 2,277 feet from the southeast
corner of said Section | ||||||
14 | 11; thence crossing Section 12
| ||||||
15 | Southeasterly 3,880 feet, more or less, to a point on the | ||||||
16 | north line of
Section 13, said point being located East 393 | ||||||
17 | feet from a stone at the north
quarter corner of Section | ||||||
18 | 13; thence crossing Section 13 and a portion of
Section 18
| ||||||
19 | Southeasterly 3,950 feet, more or less, to a monument on | ||||||
20 | the east and west
quarter line in Section 18, Township 26 | ||||||
21 | north, Range 2 east, said monument
being located East 452 | ||||||
22 | feet from a stone at the west quarter corner of Section
18; | ||||||
23 | thence crossing Section 18
| ||||||
24 | Southeasterly 3,585 feet, more or less, to a monument on | ||||||
25 | the north line of
Section 19, said monument being located | ||||||
26 | West 2 feet from the north quarter
corner of Section 19; |
| |||||||
| |||||||
1 | thence crossing Section 19
| ||||||
2 | Southeasterly 4,320 feet, more or less, to a monument on | ||||||
3 | the west line of
Section 20; thence crossing Section 20
| ||||||
4 | Southeasterly 2,787 feet, more or less, to a monument on | ||||||
5 | the north line of
Section 29; thence crossing Sections 29 | ||||||
6 | and 28
| ||||||
7 | Southeasterly 7,180 feet, more or less, to a point on the | ||||||
8 | north line of
Section 33, said point being located North | ||||||
9 | 86° 45' East 731.3 feet from a
stone at the northwest | ||||||
10 | corner of Section 33; thence crossing a portion of
Section | ||||||
11 | 33
| ||||||
12 | Southeasterly 4,170 feet, more or less, to a point on the | ||||||
13 | east and west
quarter line through said Section 33, said | ||||||
14 | point being located East 1,141 feet
from the center of said | ||||||
15 | Section 33; thence crossing Sections 33 and 34
| ||||||
16 | Southeasterly 4,740 feet, more or less, to a point on the | ||||||
17 | north line of
Section 3, Township 25 north, Range 2 east; | ||||||
18 | thence crossing said right-of-way
with said north line of | ||||||
19 | Section 3
| ||||||
20 | Easterly 305 feet to a monument on the north quarter corner | ||||||
21 | of Section 3;
thence continuing with said north line of | ||||||
22 | Section 3
| ||||||
23 | Easterly 2,678 feet to the northwest corner of Section 2; | ||||||
24 | thence with the
north line of Section 2
| ||||||
25 | Easterly 2,181.5 feet to a monument on the westerly bank of | ||||||
26 | the Apple River;
thence with said westerly bank
|
| |||||||
| |||||||
1 | Southerly to a point 100 feet north of and parallel to the | ||||||
2 | east and west
quarter line of Section 2; thence with a line | ||||||
3 | 100 feet north of and parallel to
the east and west quarter | ||||||
4 | line of Section 2
| ||||||
5 | Easterly 80 feet, more or less, to a point on the | ||||||
6 | centerline of the Apple
River, said point being the | ||||||
7 | northwest corner of U.S. Tract No. S-10; thence
with the | ||||||
8 | north boundary of U.S. Tract No. S-10 (north line of the | ||||||
9 | access road
to the U.S. Army Depot Activity Savanna)
| ||||||
10 | Easterly 824.7 feet, more or less, to a point on the west | ||||||
11 | line of Section 1;
thence crossing Section 1 with a line | ||||||
12 | 100 feet north of and parallel to the
east and west quarter | ||||||
13 | line of Section one
| ||||||
14 | Easterly along a line comprising the northern boundaries of | ||||||
15 | U.S. Tract Nos.
S-7, S-6, S-5, S-4, S-3, and S-2, | ||||||
16 | respectively, passing the east line of
Section 1, to the | ||||||
17 | southwest right-of-way line Illinois Highway No. 84; | ||||||
18 | thence
with said right-of-way line
| ||||||
19 | Southeasterly 115 feet, more or less, to a point on the | ||||||
20 | extended east and
west quarter line of Section 1, Township | ||||||
21 | 25 north, Range 2 east; thence with
said extended line
| ||||||
22 | Westerly to the east quarter corner of Section 1, Township | ||||||
23 | 25 north, Range 2
east; thence along the east and west | ||||||
24 | quarter line of said Section 1
| ||||||
25 | Westerly to a point at the center of Section 1; thence | ||||||
26 | continuing along the
said east and west quarter line
|
| |||||||
| |||||||
1 | Westerly 1,942.1 feet (passing a point at 1925.4 feet on | ||||||
2 | the centerline of
the old access road, hereafter referred | ||||||
3 | to as Point "A") to a point on the west
right-of-way line | ||||||
4 | of the old access road to the U.S. Army Depot Activity
| ||||||
5 | Savanna; thence with said west right-of-way
| ||||||
6 | Southwesterly to a point 20 feet south of and parallel to | ||||||
7 | the east and west
quarter line of Section 1, said point | ||||||
8 | also being the southeast corner of U.S.
Tract No. S-9A; | ||||||
9 | thence along the south boundary of said U.S. Tract No. S-9A
| ||||||
10 | Westerly to a point on the west line of Section 1, thence | ||||||
11 | along a line 20.0
south of and parallel to the east and | ||||||
12 | west quarter line of Section 2, Township
25 north, Range 2 | ||||||
13 | east
| ||||||
14 | Westerly 855 feet, more or less, to a point on the westerly | ||||||
15 | bank of the Apple
River; thence along the westerly bank of | ||||||
16 | the Apple River
| ||||||
17 | Southeasterly to the Mississippi River; thence along the | ||||||
18 | meanders of the
Mississippi
River
| ||||||
19 | Northwesterly to the Southeast corner of a tract of land | ||||||
20 | transferred to
Mississippi Lock and Dam No.12; thence with | ||||||
21 | the common boundary of Lock and Dam
No.12 and said Army | ||||||
22 | Depot
| ||||||
23 | North 73° 05' East 1,251.4 feet, more or less, to a point; | ||||||
24 | thence
| ||||||
25 | North 61° 58' East 5,524.0 feet, to a point on the south | ||||||
26 | line of Section
4, Township 26 north, Range 1 east; thence |
| |||||||
| |||||||
1 | with said south line
| ||||||
2 | North 88° 53' East 333.3 feet to the southwest corner of | ||||||
3 | Section 3;
thence with the south line of Section 3
| ||||||
4 | South 88° 40' East 780.6 feet; thence
| ||||||
5 | North 28° 29' West 1,466.1 feet to a point on the north | ||||||
6 | line of the
southwest quarter of the southwest quarter of | ||||||
7 | said Section 3; thence along said
north line
| ||||||
8 | North 88° 21' West 75.0 feet to the northwest corner of the | ||||||
9 | southwest
quarter of the southwest quarter of said Section | ||||||
10 | 3; thence
| ||||||
11 | South 46° 48' West 839.1 feet
| ||||||
12 | South 61° 58' West 5,541.0 feet
| ||||||
13 | South 73° 05' West 1287.6 feet, more or less, to the | ||||||
14 | Mississippi River;
thence with the meanders of the | ||||||
15 | Mississippi River
| ||||||
16 | Northwesterly to the point of beginning, inclusive of Apple | ||||||
17 | River island in
Section 10 and 11, sand bars in Sections 3, | ||||||
18 | 4, and 5, all in Township 25 north,
Range 2 east, Island | ||||||
19 | No. 9 in Section 31, Township 26 north, Range 2 east, and
| ||||||
20 | in Section 25, Township 26 north, Range 1 east, Island No. | ||||||
21 | 7 in Sections 25 and
26, Township 26 north, Range 1 east, | ||||||
22 | and Section 31, Township 26 North, Range 2
east, Island No. | ||||||
23 | 4 in Section 22 and 27; Island No. 2 in Section 8, 9 and 16;
| ||||||
24 | and Island No. 1, in Section 5; all in Township 26 north, | ||||||
25 | Range 1 east,
excepting that portion of the railroad | ||||||
26 | right-of-way in Sections 2, 3, and 11,
Township 25 north, |
| |||||||
| |||||||
1 | Range 2 east, and also the following, lying 15 feet on both
| ||||||
2 | sides of the following described centerline:
| ||||||
3 | Beginning at the aforesaid Point "A" said point being on | ||||||
4 | the centerline of a
strip of land 30 feet in width, thence | ||||||
5 | with said centerline and an angle of
116° 07' to the right | ||||||
6 | with said east and west quarter line of Section 1
| ||||||
7 | Southwesterly 387.8 feet; thence with a deflection angle to | ||||||
8 | the right of
04°
| ||||||
9 | Southwesterly 190 feet; thence with a deflection angle to | ||||||
10 | the right of
37°
| ||||||
11 | Southwesterly 145 feet; thence with a deflection angle to | ||||||
12 | the right of
20° 47'
| ||||||
13 | Westerly 371.6 feet, more or less, to a point on the east | ||||||
14 | line of Section 2,
Township 25 north, Range 2 east, being | ||||||
15 | located South 591 feet from the west
quarter corner of said | ||||||
16 | Section 2; thence with an angle to the left of 94°
33' with | ||||||
17 | said west line of Section 2
| ||||||
18 | Westerly 578.4 feet to a point on the centerline of a strip | ||||||
19 | of land 100 feet
in width, lying 50 feet on both sides of | ||||||
20 | the following described centerline;
thence with a | ||||||
21 | deflection angle to the right of 12° 34'
| ||||||
22 | Westerly 499.3 feet to the east bank of the Apple River, | ||||||
23 | containing a total
of 13,060.94 acres, more or less, for | ||||||
24 | all of the above described lands.
| ||||||
25 | Further, the State of Illinois accepts retrocession of and | ||||||
26 | authorizes
acceptance of retrocession of concurrent |
| |||||||
| |||||||
1 | legislative jurisdiction over all
those lands owned by the | ||||||
2 | United States that may subsequently be identified by
the | ||||||
3 | Department of the Army as part of the U.S. Army Depot Activity | ||||||
4 | Savanna
Military Reservation, Jo Daviess
Davies County and | ||||||
5 | Carroll County, Illinois, although
not included within the | ||||||
6 | legal description contained in this subsection, to the
extent | ||||||
7 | concurrent jurisdiction has not previously been retroceded to | ||||||
8 | the State
of Illinois. Any additional land over which the State | ||||||
9 | accepts retrocession of
concurrent jurisdiction shall be | ||||||
10 | identified in a notice filed by the Governor
as provided in
| ||||||
11 | subsection (d).
| ||||||
12 | (b) Pursuant to concurrent legislative jurisdiction, both | ||||||
13 | State and federal
laws are applicable. Since most major crimes | ||||||
14 | violate both federal and State
laws, both may punish an | ||||||
15 | offender for an offense committed in the area. The
State of | ||||||
16 | Illinois, subject to the exemption of the federal government, | ||||||
17 | has the
right to tax. The regulatory powers of the State of | ||||||
18 | Illinois may be exercised
in the area, but not in such a manner | ||||||
19 | as to interfere with federal functions.
Persons residing on the | ||||||
20 | area under concurrent legislative jurisdiction are
ensured | ||||||
21 | important rights and privileges of citizenship, such as the | ||||||
22 | right to
vote and access to the Illinois courts.
| ||||||
23 | (c) Subject to subsection (b), the State of Illinois | ||||||
24 | accepts cession of
concurrent legislative jurisdiction from | ||||||
25 | the United States.
| ||||||
26 | (d) The Governor of the State of Illinois is authorized to |
| |||||||
| |||||||
1 | accept the
retrocession of concurrent legislative jurisdiction | ||||||
2 | over the subject lands by
filing a notice of acceptance with | ||||||
3 | the Illinois Secretary of State.
| ||||||
4 | (e) Upon transfer by deed of the subject lands, or any | ||||||
5 | portion thereof, by
the
United States of America, the | ||||||
6 | concurrent jurisdiction retained by the United
States shall | ||||||
7 | expire as to the particular property transferred.
| ||||||
8 | (Source: P.A. 92-150, eff. 7-24-01; revised 10-11-05.)
| ||||||
9 | Section 60. The Election Code is amended by changing | ||||||
10 | Sections 1A-15, 1A-16, 1A-17, 1A-25, 4-6.2, 5-16.2, 6-50.2, | ||||||
11 | 7-56, 22-1, 22-8, 22-9, 22-15, 22-17, 24A-2, and 24B-9.1 as | ||||||
12 | follows:
| ||||||
13 | (10 ILCS 5/1A-15) (from Ch. 46, par. 1A-15)
| ||||||
14 | Sec. 1A-15. On the request of the Department of Healthcare | ||||||
15 | and Family Services
Illinois Department of Public Aid ,
the | ||||||
16 | State Board of Elections shall provide the Department with | ||||||
17 | tapes,
discs, other electronic data or compilations thereof | ||||||
18 | which only provide the
name, address and, when available, the | ||||||
19 | Social Security number of registered
voters for the purpose of | ||||||
20 | tracing absent parents and the collection of
child support. | ||||||
21 | Such information shall be provided at reasonable cost,
which | ||||||
22 | shall include the cost of duplication plus 15% for | ||||||
23 | administration.
The confidentiality of all information | ||||||
24 | contained on such tapes, discs and
other electronic data or |
| |||||||
| |||||||
1 | combination thereof shall be protected as provided
in Section | ||||||
2 | 11-9 of "The Illinois Public Aid Code".
| ||||||
3 | (Source: P.A. 85-114; revised 12-15-05.)
| ||||||
4 | (10 ILCS 5/1A-16)
| ||||||
5 | Sec. 1A-16. Voter registration information; internet | ||||||
6 | posting; processing
of voter registration forms; content of | ||||||
7 | such forms. Notwithstanding any law to
the contrary, the | ||||||
8 | following provisions shall apply to voter registration under
| ||||||
9 | this Code.
| ||||||
10 | (a) Voter registration information; Internet posting of | ||||||
11 | voter registration
form. Within 90 days after the effective | ||||||
12 | date of this amendatory Act of the
93rd
General Assembly, the | ||||||
13 | State Board of Elections shall post on its World Wide Web
site | ||||||
14 | the following information:
| ||||||
15 | (1) A comprehensive list of the names, addresses, phone | ||||||
16 | numbers, and
websites, if applicable, of all county clerks | ||||||
17 | and boards
of election commissioners in Illinois.
| ||||||
18 | (2) A schedule of upcoming elections and the deadline | ||||||
19 | for voter
registration.
| ||||||
20 | (3) A downloadable, printable voter registration form, | ||||||
21 | in at least English
and in
Spanish versions, that a person | ||||||
22 | may complete and mail or submit to the
State Board of | ||||||
23 | Elections or the appropriate county clerk or
board of | ||||||
24 | election commissioners.
| ||||||
25 | Any forms described under paragraph (3) must state the |
| |||||||
| |||||||
1 | following:
| ||||||
2 | If you do not have a driver's license or social | ||||||
3 | security number, and this
form is submitted by mail, and | ||||||
4 | you have never registered to vote in the
jurisdiction you | ||||||
5 | are now registering in, then you must send, with this
| ||||||
6 | application, either (i) a copy of a current and valid photo | ||||||
7 | identification, or
(ii) a copy of a current utility bill, | ||||||
8 | bank statement, government check,
paycheck, or other | ||||||
9 | government document that shows the name and address of the
| ||||||
10 | voter. If you do not provide the information required | ||||||
11 | above, then you will be
required to provide election | ||||||
12 | officials with either (i) or (ii) described above
the first | ||||||
13 | time you vote at a voting place or by absentee ballot.
| ||||||
14 | (b) Acceptance of registration forms by the State Board of | ||||||
15 | Elections and
county clerks and board of election | ||||||
16 | commissioners. The
State Board of Elections, county clerks, and | ||||||
17 | board of election commissioners
shall accept all completed | ||||||
18 | voter registration forms
described in subsection (a)(3) of this | ||||||
19 | Section and Sections
Section 1A-17 and Section 1A-30 that are:
| ||||||
20 | (1) postmarked on or before the day that voter | ||||||
21 | registration is closed
under
the Election Code;
| ||||||
22 | (2) not postmarked, but arrives no later than 5 days | ||||||
23 | after the close
of registration;
| ||||||
24 | (3) submitted in person by a person using the form on | ||||||
25 | or before the
day that voter registration is closed under | ||||||
26 | the Election Code; or
|
| |||||||
| |||||||
1 | (4) submitted in person by a person who submits one or | ||||||
2 | more forms
on behalf of one or more persons who used the | ||||||
3 | form on or before
the day that voter registration is closed | ||||||
4 | under the Election Code.
| ||||||
5 | Upon the receipt of a registration form, the State Board of | ||||||
6 | Elections shall
mark
the date on which the form was received
| ||||||
7 | and send the form via first class mail to the appropriate | ||||||
8 | county clerk or board
of
election commissioners, as the case | ||||||
9 | may be, within 2 business days based upon
the home address of | ||||||
10 | the person submitting the registration form. The county
clerk | ||||||
11 | and board of election commissioners shall accept and process | ||||||
12 | any form
received from the State Board of Elections.
| ||||||
13 | (c) Processing of registration forms by county clerks and | ||||||
14 | boards of election
commissioners. The county clerk or board of | ||||||
15 | election commissioners shall
promulgate procedures for | ||||||
16 | processing the voter registration form.
| ||||||
17 | (d) Contents of the voter registration form. The State | ||||||
18 | Board shall create
a voter registration form, which must | ||||||
19 | contain the following content:
| ||||||
20 | (1) Instructions for completing the form.
| ||||||
21 | (2) A summary of the qualifications to register to vote | ||||||
22 | in Illinois.
| ||||||
23 | (3) Instructions for mailing in or submitting the form | ||||||
24 | in person.
| ||||||
25 | (4) The phone number for the State Board of Elections | ||||||
26 | should a person
submitting the form have questions.
|
| |||||||
| |||||||
1 | (5) A box for the person to check that explains one of | ||||||
2 | 3 reasons for
submitting the form:
| ||||||
3 | (a) new registration;
| ||||||
4 | (b) change of address; or
| ||||||
5 | (c) change of name.
| ||||||
6 | (6) a box for the person to check yes or no that asks, | ||||||
7 | "Are you a citizen
of the United States?", a box for the | ||||||
8 | person to check yes or no that asks,
"Will you be 18 years | ||||||
9 | of age on or before election day?", and a statement of
"If | ||||||
10 | you checked 'no' in response to either of these questions, | ||||||
11 | then do not
complete this form.".
| ||||||
12 | (7) A space for the person to fill in his or her home | ||||||
13 | telephone
number.
| ||||||
14 | (8) Spaces for the person to fill in his or her first, | ||||||
15 | middle, and last
names, street address (principal place of | ||||||
16 | residence), county, city, state, and
zip code.
| ||||||
17 | (9) Spaces for the person to fill in his or her mailing | ||||||
18 | address, city,
state, and zip code if different from his or | ||||||
19 | her principal place of residence.
| ||||||
20 | (10) A space for the person to fill in his or her | ||||||
21 | Illinois driver's
license number if the person has a | ||||||
22 | driver's license.
| ||||||
23 | (11) A space for a person without a driver's license to | ||||||
24 | fill in the last
four digits of his or her social security | ||||||
25 | number if the person has a social
security number.
| ||||||
26 | (12) A space for a person without an Illinois driver's |
| |||||||
| |||||||
1 | license to fill in
his or her identification number from | ||||||
2 | his or her State Identification card
issued by the | ||||||
3 | Secretary of State.
| ||||||
4 | (13) A space for the person to fill the name appearing | ||||||
5 | on his or her last
voter registration, the street address | ||||||
6 | of his or her last registration,
including the city, | ||||||
7 | county, state, and zip code.
| ||||||
8 | (14) A space where the person swears or affirms the | ||||||
9 | following under
penalty of perjury with his or her | ||||||
10 | signature:
| ||||||
11 | (a) "I am a citizen of the United States.";
| ||||||
12 | (b) "I will be at least 18 years old on or before | ||||||
13 | the next election.";
| ||||||
14 | (c) "I will have lived in the State of Illinois and | ||||||
15 | in my election
precinct at least 30 days as of the date | ||||||
16 | of the next election."; and
| ||||||
17 | "The information I have provided is true to the | ||||||
18 | best of my knowledge
under penalty of perjury. If I | ||||||
19 | have provided false information, then I may be
fined, | ||||||
20 | imprisoned, or if I am not a U.S. citizen, deported | ||||||
21 | from or refused
entry into the United States."
| ||||||
22 | (d-5)
(d) Compliance with federal law; rulemaking | ||||||
23 | authority. The voter
registration
form described in this | ||||||
24 | Section shall be consistent with the form prescribed by
the
| ||||||
25 | Federal
Election Commission under the National Voter | ||||||
26 | Registration Act of 1993,
P.L. 103-31, as amended from time to |
| |||||||
| |||||||
1 | time, and the Help America Vote Act of
2002, P.L. 107-252, in | ||||||
2 | all relevant respects. The State Board of Elections
shall | ||||||
3 | periodically update the form based on changes to federal or | ||||||
4 | State law.
The State Board of Elections shall promulgate any | ||||||
5 | rules necessary for the
implementation of this Section; | ||||||
6 | provided that the rules
comport with the letter and spirit of | ||||||
7 | the National Voter Registration Act of
1993 and Help America | ||||||
8 | Vote Act of 2002 and maximize the opportunity for a
person to | ||||||
9 | register to vote.
| ||||||
10 | (e) Forms available in paper form. The State Board of | ||||||
11 | Elections shall make
the voter registration form available in | ||||||
12 | regular paper stock and form in
sufficient quantities for the | ||||||
13 | general public. The State Board of Elections may
provide the | ||||||
14 | voter registration form to the Secretary of State, county
| ||||||
15 | clerks, boards of election commissioners, designated agencies | ||||||
16 | of the State of
Illinois, and any other person or entity | ||||||
17 | designated to have these forms by the
Election Code in regular | ||||||
18 | paper stock and form or some other format deemed
suitable by | ||||||
19 | the Board. Each county clerk or board of election commissioners | ||||||
20 | has
the authority to design and print its own voter | ||||||
21 | registration form so long as
the form complies with the | ||||||
22 | requirements of this Section. The State Board
of Elections, | ||||||
23 | county clerks, boards of election commissioners, or other
| ||||||
24 | designated agencies of the State of Illinois required to have | ||||||
25 | these forms under
the Election Code shall provide a member of | ||||||
26 | the public with any reasonable
number of forms
that he or she |
| |||||||
| |||||||
1 | may request. Nothing in this Section shall permit the State
| ||||||
2 | Board of
Elections, county clerk, board of election | ||||||
3 | commissioners, or other appropriate
election official who may | ||||||
4 | accept a voter registration form to refuse to accept
a voter | ||||||
5 | registration form because the form is printed on photocopier or | ||||||
6 | regular
paper
stock and form.
| ||||||
7 | (f) Internet voter registration study. The State Board of | ||||||
8 | Elections shall
investigate the feasibility of offering voter | ||||||
9 | registration on its website and
consider voter registration | ||||||
10 | methods of other states in an effort to maximize
the | ||||||
11 | opportunity for all Illinois citizens to register to vote. The | ||||||
12 | State Board
of Elections shall assemble its findings in a | ||||||
13 | report and submit it to the
General Assembly no later than | ||||||
14 | January 1, 2006. The report shall contain
legislative | ||||||
15 | recommendations to the General Assembly on improving voter
| ||||||
16 | registration in Illinois.
| ||||||
17 | (Source: P.A. 93-574, eff. 8-21-03; 94-492, eff. 1-1-06; | ||||||
18 | 94-645, eff. 8-22-05; revised 8-29-05.)
| ||||||
19 | (10 ILCS 5/1A-17)
| ||||||
20 | Sec. 1A-17. Voter registration outreach. | ||||||
21 | (a) The Secretary of State, the Department of Human | ||||||
22 | Services, the Department of Children and Family Services, the | ||||||
23 | Department of Public Aid, the Department of Employment | ||||||
24 | Security, and each public institution of higher learning in | ||||||
25 | Illinois must make available on its World Wide Web site a |
| |||||||
| |||||||
1 | downloadable, printable voter registration form that complies | ||||||
2 | with the requirements in subsection (d) of Section 1A-16 for | ||||||
3 | the State Board of Elections' voter registration form. | ||||||
4 | (b) Each public institution of higher learning in Illinois | ||||||
5 | must include voter registration information and a voter | ||||||
6 | registration form supplied by the State Board of Elections | ||||||
7 | under subsection (e) of Section 1A-16 in any mailing of student | ||||||
8 | registration materials to an address located in Illinois. Each | ||||||
9 | public institution of higher learning must provide voter | ||||||
10 | registration information and a voter registration form | ||||||
11 | supplied by the State Board of Elections under subsection (e) | ||||||
12 | of Section 1A-16 to each person with whom the institution | ||||||
13 | conducts in-person student registration. | ||||||
14 | (c) As used in this Section, a public institution of higher | ||||||
15 | learning means a public university, college, or community | ||||||
16 | college in Illinois.
| ||||||
17 | (Source: P.A. 94-645, eff. 8-22-05; incorporates P.A. 94-492, | ||||||
18 | eff. 1-1-06.) | ||||||
19 | (10 ILCS 5/1A-25) | ||||||
20 | Sec. 1A-25. Centralized statewide voter registration list. | ||||||
21 | The centralized statewide voter registration list required by | ||||||
22 | Title III, Subtitle A, Section 303 of the Help America Vote Act | ||||||
23 | of 2002 shall be created and maintained by the State Board of | ||||||
24 | Elections as provided in this Section. | ||||||
25 | (1) The centralized statewide voter registration list |
| |||||||
| |||||||
1 | shall be compiled from the voter registration data bases of | ||||||
2 | each election authority in this State.
| ||||||
3 | (2) All new voter registration forms and applications | ||||||
4 | to register to vote, including those reviewed by the | ||||||
5 | Secretary of State at a driver services facility, shall be | ||||||
6 | transmitted only to the appropriate election authority as | ||||||
7 | required by Articles 4, 5, and 6 of this Code and not to | ||||||
8 | the State Board of Elections. The election authority shall | ||||||
9 | process and verify each voter registration form and | ||||||
10 | electronically enter verified registrations on an | ||||||
11 | expedited basis onto the statewide voter registration | ||||||
12 | list. All original registration cards shall remain | ||||||
13 | permanently in the office of the election authority as | ||||||
14 | required by this Code.
| ||||||
15 | (3) The centralized statewide voter registration list | ||||||
16 | shall:
| ||||||
17 | (i) Be designed to allow election authorities to | ||||||
18 | utilize the registration data on the statewide voter | ||||||
19 | registration list pertinent to voters registered in | ||||||
20 | their election jurisdiction on locally maintained | ||||||
21 | software programs that are unique to each | ||||||
22 | jurisdiction.
| ||||||
23 | (ii) Allow each election authority to perform | ||||||
24 | essential election management functions, including but | ||||||
25 | not limited to production of voter lists, processing of | ||||||
26 | absentee voters, production of individual, pre-printed |
| |||||||
| |||||||
1 | applications to vote, administration of election | ||||||
2 | judges, and polling place administration, but shall | ||||||
3 | not prevent any election authority from using | ||||||
4 | information from that election authority's own | ||||||
5 | systems.
| ||||||
6 | (4) The registration information maintained by each | ||||||
7 | election authority shall be synchronized with that | ||||||
8 | authority's information on the statewide list at least once | ||||||
9 | every 24 hours.
| ||||||
10 | To protect the privacy and confidentiality of voter | ||||||
11 | registration information, the disclosure of any portion of the | ||||||
12 | centralized statewide voter registration list to any person or | ||||||
13 | entity other than to a State or local political committee and | ||||||
14 | other than to a governmental entity for a governmental purpose | ||||||
15 | is specifically prohibited except as follows: subject to | ||||||
16 | security measures adopted by the State Board of Elections | ||||||
17 | which, at a minimum, shall include the keeping of a catalog or | ||||||
18 | database, available for public view, including the name, | ||||||
19 | address, and telephone number of the person viewing the list as | ||||||
20 | well as the time of that viewing, any person may view the list | ||||||
21 | on a computer screen at the Springfield office of the State | ||||||
22 | Board of Elections, during normal business hours other than | ||||||
23 | during the 27 days before an election, but the person viewing | ||||||
24 | the list under this exception may not print, duplicate, | ||||||
25 | transmit, or alter the list.
| ||||||
26 | (Source: P.A. 93-1071, eff. 1-18-05; 94-136, eff. 7-7-05; |
| |||||||
| |||||||
1 | 94-645, eff. 8-22-05; revised 8-29-05.)
| ||||||
2 | (10 ILCS 5/4-6.2) (from Ch. 46, par. 4-6.2)
| ||||||
3 | Sec. 4-6.2. (a) The county clerk shall appoint all | ||||||
4 | municipal and township
or road district clerks or their duly | ||||||
5 | authorized deputies as deputy registrars
who may accept the | ||||||
6 | registration of all qualified residents of the State.
| ||||||
7 | The county clerk shall appoint all precinct | ||||||
8 | committeepersons in the county
as deputy registrars who may | ||||||
9 | accept the registration of any qualified resident
of the State, | ||||||
10 | except during the 27 days preceding an election.
| ||||||
11 | The election authority shall appoint as deputy registrars a | ||||||
12 | reasonable
number of employees of the Secretary of State | ||||||
13 | located at driver's license
examination stations and | ||||||
14 | designated to the election authority by the
Secretary of State | ||||||
15 | who may accept the registration of any qualified
residents of | ||||||
16 | the State at any such driver's license examination stations.
| ||||||
17 | The appointment of employees of the Secretary of State as | ||||||
18 | deputy registrars
shall be made in the manner provided in | ||||||
19 | Section 2-105 of the Illinois
Vehicle Code.
| ||||||
20 | The county clerk shall appoint each of the following named | ||||||
21 | persons as deputy
registrars upon the written request of such | ||||||
22 | persons:
| ||||||
23 | 1. The chief librarian, or a qualified person | ||||||
24 | designated by the chief
librarian, of any public library | ||||||
25 | situated within the election jurisdiction,
who may accept |
| |||||||
| |||||||
1 | the registrations of any qualified resident of the State,
| ||||||
2 | at such library.
| ||||||
3 | 2. The principal, or a qualified person designated by | ||||||
4 | the principal, of
any high school, elementary school, or | ||||||
5 | vocational school situated
within the election | ||||||
6 | jurisdiction, who may accept the registrations of any
| ||||||
7 | qualified resident of the State, at such school. The county | ||||||
8 | clerk shall notify
every principal and vice-principal of | ||||||
9 | each high school, elementary school, and
vocational school | ||||||
10 | situated within the election jurisdiction of their
| ||||||
11 | eligibility to serve as deputy registrars and offer | ||||||
12 | training courses for
service as deputy registrars at | ||||||
13 | conveniently located facilities at least 4
months prior to | ||||||
14 | every election.
| ||||||
15 | 3. The president, or a qualified person designated by | ||||||
16 | the president, of
any university, college, community | ||||||
17 | college, academy or other institution of
learning situated | ||||||
18 | within the election jurisdiction, who may accept the
| ||||||
19 | registrations of any resident of the State, at such | ||||||
20 | university, college,
community college, academy or | ||||||
21 | institution.
| ||||||
22 | 4. A duly elected or appointed official of a bona fide | ||||||
23 | labor organization,
or a reasonable number of qualified | ||||||
24 | members designated by such official,
who may accept the | ||||||
25 | registrations of any qualified resident of the State.
| ||||||
26 | 5. A duly elected or appointed official of a bonafide |
| |||||||
| |||||||
1 | State civic
organization, as defined and determined by rule | ||||||
2 | of the State Board of
Elections, or qualified members | ||||||
3 | designated by such official, who may accept
the | ||||||
4 | registration of any qualified resident of the State.
In | ||||||
5 | determining the number of deputy registrars that shall be | ||||||
6 | appointed,
the county clerk shall consider the population | ||||||
7 | of the jurisdiction, the
size of the organization, the | ||||||
8 | geographic size of the jurisdiction,
convenience for the | ||||||
9 | public, the existing number of deputy registrars in the
| ||||||
10 | jurisdiction and their location, the registration | ||||||
11 | activities of the
organization and the need to appoint | ||||||
12 | deputy registrars to assist and
facilitate the | ||||||
13 | registration of non-English speaking individuals. In no
| ||||||
14 | event shall a county clerk fix an arbitrary number | ||||||
15 | applicable to every
civic organization requesting | ||||||
16 | appointment of its members as deputy
registrars. The State | ||||||
17 | Board of Elections shall by rule provide for
certification | ||||||
18 | of bonafide State civic organizations. Such appointments
| ||||||
19 | shall be made for a period not to exceed 2 years, | ||||||
20 | terminating on the first
business day of the month | ||||||
21 | following the month of the general election, and
shall be | ||||||
22 | valid for all periods of voter registration as provided by | ||||||
23 | this
Code during the terms of such appointments.
| ||||||
24 | 6.
The Director of Healthcare and Family Services
the | ||||||
25 | Illinois Department of Public Aid , or a
reasonable number | ||||||
26 | of employees designated by the Director and located at
|
| |||||||
| |||||||
1 | public aid offices, who may accept the registration of any | ||||||
2 | qualified
resident of the county at any such public aid | ||||||
3 | office.
| ||||||
4 | 7.
The Director of the Illinois Department of | ||||||
5 | Employment Security, or a
reasonable number of employees | ||||||
6 | designated by the Director and located at
unemployment | ||||||
7 | offices, who may accept the registration of any qualified
| ||||||
8 | resident of the county at any such unemployment office.
| ||||||
9 | 8. The president of any corporation as defined by the | ||||||
10 | Business
Corporation Act of 1983, or a reasonable number of | ||||||
11 | employees designated by
such president, who may accept the | ||||||
12 | registrations of any qualified resident
of the State.
| ||||||
13 | If the request to be appointed as deputy registrar is | ||||||
14 | denied, the
county clerk shall, within 10 days after the date | ||||||
15 | the request is submitted,
provide the affected individual or | ||||||
16 | organization with written notice setting
forth the specific | ||||||
17 | reasons or criteria relied upon to deny the request to
be | ||||||
18 | appointed as deputy registrar.
| ||||||
19 | The county clerk may appoint as many additional deputy | ||||||
20 | registrars as he
considers necessary. The county clerk shall | ||||||
21 | appoint such additional deputy
registrars in such manner that | ||||||
22 | the convenience of the public is served,
giving due | ||||||
23 | consideration to both population concentration and area. Some
| ||||||
24 | of the additional deputy registrars shall be selected so that | ||||||
25 | there are an
equal number from each of the 2 major political | ||||||
26 | parties in the election
jurisdiction. The county clerk, in |
| |||||||
| |||||||
1 | appointing an additional deputy
registrar, shall make the | ||||||
2 | appointment from a list of applicants submitted
by the Chairman | ||||||
3 | of the County Central Committee of the applicant's
political | ||||||
4 | party. A Chairman of a County Central Committee shall submit a
| ||||||
5 | list of applicants to the county clerk by November 30 of each | ||||||
6 | year. The
county clerk may require a Chairman of a County | ||||||
7 | Central Committee to
furnish a supplemental list of applicants.
| ||||||
8 | Deputy registrars may accept registrations at any time | ||||||
9 | other than the 27
day period preceding an election. All persons | ||||||
10 | appointed as deputy
registrars shall be registered voters | ||||||
11 | within the county and shall take and
subscribe to the following | ||||||
12 | oath or affirmation:
| ||||||
13 | "I do solemnly swear (or affirm, as the case may be) that I | ||||||
14 | will support
the Constitution of the United States, and the | ||||||
15 | Constitution of the State
of Illinois, and that I will | ||||||
16 | faithfully discharge the duties of the office
of deputy | ||||||
17 | registrar to the best of my ability and that I will register no
| ||||||
18 | person nor cause the registration of any person except upon his | ||||||
19 | personal
application before me.
| ||||||
20 | ............................
| ||||||
21 | (Signature Deputy Registrar)"
| ||||||
22 | This oath shall be administered by the county clerk, or by | ||||||
23 | one of his
deputies, or by any person qualified to take | ||||||
24 | acknowledgement of deeds and
shall immediately thereafter be | ||||||
25 | filed with the county clerk.
| ||||||
26 | Appointments of deputy registrars under this Section, |
| |||||||
| |||||||
1 | except precinct
committeemen, shall be for 2-year terms, | ||||||
2 | commencing on December 1 following
the general election of each | ||||||
3 | even-numbered year; except that the terms of
the initial | ||||||
4 | appointments shall be until December 1st following the next
| ||||||
5 | general election. Appointments of precinct committeemen shall | ||||||
6 | be for 2-year
terms commencing on the date of the county | ||||||
7 | convention following the general
primary at which they were | ||||||
8 | elected. The county clerk shall issue a
certificate of | ||||||
9 | appointment to each deputy registrar, and shall maintain in
his | ||||||
10 | office for public inspection a list of the names of all | ||||||
11 | appointees.
| ||||||
12 | (b) The county clerk shall be responsible for training all | ||||||
13 | deputy registrars
appointed pursuant to subsection (a), at | ||||||
14 | times and locations reasonably
convenient for both the county | ||||||
15 | clerk and such appointees. The county clerk
shall be | ||||||
16 | responsible for certifying and supervising all deputy | ||||||
17 | registrars
appointed pursuant to subsection (a). Deputy | ||||||
18 | registrars appointed under
subsection (a) shall be subject to | ||||||
19 | removal for cause.
| ||||||
20 | (c)
Completed registration materials under the control of | ||||||
21 | deputy registrars,
appointed pursuant to subsection (a), shall | ||||||
22 | be returned to the appointing election
authority within 7 days, | ||||||
23 | except that completed registration materials
received by the | ||||||
24 | deputy registrars during the period between the 35th and
28th | ||||||
25 | day preceding an election shall be returned by the deputy
| ||||||
26 | registrars to
the appointing election authority within 48 hours |
| |||||||
| |||||||
1 | after receipt thereof. The
completed registration materials | ||||||
2 | received by the deputy registrars on the
28th day preceding an | ||||||
3 | election shall be returned by the deputy
registrars
within 24 | ||||||
4 | hours after receipt thereof. Unused materials shall be returned
| ||||||
5 | by deputy registrars appointed pursuant to paragraph 4 of | ||||||
6 | subsection (a),
not later than the next working day following | ||||||
7 | the close of registration.
| ||||||
8 | (d) The county clerk or board of election commissioners, as | ||||||
9 | the case may
be, must provide any additional forms requested by | ||||||
10 | any deputy registrar
regardless of the number of unaccounted | ||||||
11 | registration forms the deputy registrar
may have in his or her | ||||||
12 | possession.
| ||||||
13 | (e) No deputy registrar shall engage in any electioneering | ||||||
14 | or the promotion
of any cause during the performance of his or | ||||||
15 | her duties.
| ||||||
16 | (f) The county clerk shall not be criminally or civilly | ||||||
17 | liable for the
acts or omissions of any deputy registrar. Such | ||||||
18 | deputy registrars shall
not be deemed to be employees of the | ||||||
19 | county clerk.
| ||||||
20 | (g) Completed registration materials returned by deputy | ||||||
21 | registrars for persons residing outside the county shall be | ||||||
22 | transmitted by the county clerk within 2 days after receipt to | ||||||
23 | the election authority of the person's election jurisdiction of | ||||||
24 | residence.
| ||||||
25 | (Source: P.A. 93-574, eff. 8-21-03; 94-645, eff. 8-22-05; | ||||||
26 | revised 12-15-05.)
|
| |||||||
| |||||||
1 | (10 ILCS 5/5-16.2) (from Ch. 46, par. 5-16.2)
| ||||||
2 | Sec. 5-16.2. (a) The county clerk shall appoint all | ||||||
3 | municipal and
township clerks or their duly authorized deputies | ||||||
4 | as deputy registrars who
may accept the registration of all | ||||||
5 | qualified residents of the State.
| ||||||
6 | The county clerk shall appoint all precinct | ||||||
7 | committeepersons in the county
as deputy registrars who may | ||||||
8 | accept the registration of any qualified resident
of the State, | ||||||
9 | except during the 27 days preceding an election.
| ||||||
10 | The election authority shall appoint as deputy registrars a | ||||||
11 | reasonable
number of employees of the Secretary of State | ||||||
12 | located at driver's license
examination stations and | ||||||
13 | designated to the election authority by the
Secretary of State | ||||||
14 | who may accept the registration of any qualified
residents of | ||||||
15 | the State at any such driver's license examination stations.
| ||||||
16 | The appointment of employees of the Secretary of State as | ||||||
17 | deputy registrars
shall be made in the manner provided in | ||||||
18 | Section 2-105 of the Illinois
Vehicle Code.
| ||||||
19 | The county clerk shall appoint each of the following named | ||||||
20 | persons as deputy
registrars upon the written request of such | ||||||
21 | persons:
| ||||||
22 | 1. The chief librarian, or a qualified person | ||||||
23 | designated by the chief
librarian, of any public library | ||||||
24 | situated within the election jurisdiction,
who may accept | ||||||
25 | the registrations of any qualified resident of the State,
|
| |||||||
| |||||||
1 | at such library.
| ||||||
2 | 2. The principal, or a qualified person designated by | ||||||
3 | the principal, of
any high school, elementary school, or | ||||||
4 | vocational school situated
within the election | ||||||
5 | jurisdiction, who may accept the registrations of any
| ||||||
6 | resident of the State, at such school. The county clerk | ||||||
7 | shall notify every
principal and vice-principal of each | ||||||
8 | high school, elementary school, and
vocational school | ||||||
9 | situated within the election jurisdiction of their
| ||||||
10 | eligibility to serve as deputy registrars and offer | ||||||
11 | training courses for
service as deputy registrars at | ||||||
12 | conveniently located facilities at least 4
months prior to | ||||||
13 | every election.
| ||||||
14 | 3. The president, or a qualified person designated by | ||||||
15 | the president, of
any university, college, community | ||||||
16 | college, academy or other institution
of learning situated | ||||||
17 | within the election jurisdiction, who may accept the
| ||||||
18 | registrations of any resident of the State, at such | ||||||
19 | university, college,
community college, academy or | ||||||
20 | institution.
| ||||||
21 | 4. A duly elected or appointed official of a bona fide | ||||||
22 | labor organization,
or a reasonable number of qualified | ||||||
23 | members designated by such official,
who may accept the | ||||||
24 | registrations of any qualified resident of the State.
| ||||||
25 | 5. A duly elected or appointed official of a bona fide | ||||||
26 | State civic
organization, as defined and determined by rule |
| |||||||
| |||||||
1 | of the State Board of
Elections, or qualified members | ||||||
2 | designated by such official, who may accept
the | ||||||
3 | registration of any qualified resident of the State.
In | ||||||
4 | determining the number of deputy registrars that shall be | ||||||
5 | appointed,
the county clerk shall consider the population | ||||||
6 | of the jurisdiction, the
size of the organization, the | ||||||
7 | geographic size of the jurisdiction,
convenience for the | ||||||
8 | public, the existing number of deputy registrars in the
| ||||||
9 | jurisdiction and their location, the registration | ||||||
10 | activities of the
organization and the need to appoint | ||||||
11 | deputy registrars to assist and
facilitate the | ||||||
12 | registration of non-English speaking individuals. In no
| ||||||
13 | event shall a county clerk fix an arbitrary number | ||||||
14 | applicable to every
civic organization requesting | ||||||
15 | appointment of its members as deputy registrars.
The State | ||||||
16 | Board of Elections shall by rule provide for
certification | ||||||
17 | of bona fide State civic organizations.
Such appointments | ||||||
18 | shall be made for a period not to exceed 2 years,
| ||||||
19 | terminating on the first business day of the month | ||||||
20 | following the month of
the general election, and shall be | ||||||
21 | valid for all periods of voter
registration as provided by | ||||||
22 | this Code during the terms of such appointments.
| ||||||
23 | 6.
The Director of Healthcare and Family Services
the | ||||||
24 | Illinois Department of Public Aid , or a
reasonable number | ||||||
25 | of employees designated by the Director and located at
| ||||||
26 | public aid offices, who may accept the registration of any |
| |||||||
| |||||||
1 | qualified
resident of the county at any such public aid | ||||||
2 | office.
| ||||||
3 | 7.
The Director of the Illinois Department of | ||||||
4 | Employment Security, or a
reasonable number of employees | ||||||
5 | designated by the Director and located at
unemployment | ||||||
6 | offices, who may accept the registration of any qualified
| ||||||
7 | resident of the county at any such unemployment office.
| ||||||
8 | 8. The president of any corporation as defined by the | ||||||
9 | Business
Corporation Act of 1983, or a reasonable number of | ||||||
10 | employees designated by
such president, who may accept the | ||||||
11 | registrations of any qualified resident
of the State.
| ||||||
12 | If the request to be appointed as deputy registrar is | ||||||
13 | denied, the
county clerk shall, within 10 days after the date | ||||||
14 | the request is submitted,
provide the affected individual or | ||||||
15 | organization with written notice setting
forth the specific | ||||||
16 | reasons or criteria relied upon to deny the request to
be | ||||||
17 | appointed as deputy registrar.
| ||||||
18 | The county clerk may appoint as many additional deputy | ||||||
19 | registrars as he
considers necessary. The county clerk shall | ||||||
20 | appoint such additional deputy
registrars in such manner that | ||||||
21 | the convenience of the public is served,
giving due | ||||||
22 | consideration to both population concentration and area. Some
| ||||||
23 | of the additional deputy registrars shall be selected so that | ||||||
24 | there are an
equal number from each of the 2 major political | ||||||
25 | parties in the election
jurisdiction. The county clerk, in | ||||||
26 | appointing an additional deputy
registrar, shall make the |
| |||||||
| |||||||
1 | appointment from a list of applicants submitted
by the Chairman | ||||||
2 | of the County Central Committee of the applicant's
political | ||||||
3 | party. A Chairman of a County Central Committee shall submit a
| ||||||
4 | list of applicants to the county clerk by November 30 of each | ||||||
5 | year. The
county clerk may require a Chairman of a County | ||||||
6 | Central Committee to
furnish a supplemental list of applicants.
| ||||||
7 | Deputy registrars may accept registrations at any time | ||||||
8 | other than the 27
day period preceding an election. All persons | ||||||
9 | appointed as deputy
registrars shall be registered voters | ||||||
10 | within the county and shall take and
subscribe to the following | ||||||
11 | oath or affirmation:
| ||||||
12 | "I do solemnly swear (or affirm, as the case may be) that I | ||||||
13 | will support
the Constitution of the United States, and the | ||||||
14 | Constitution of the State
of Illinois, and that I will | ||||||
15 | faithfully discharge the duties of the office
of deputy | ||||||
16 | registrar to the best of my ability and that I will register
no | ||||||
17 | person nor cause the registration of any person except upon his | ||||||
18 | personal
application before me.
| ||||||
19 | ...............................
| ||||||
20 | (Signature of Deputy Registrar)"
| ||||||
21 | This oath shall be administered by the county clerk, or by | ||||||
22 | one of his
deputies, or by any person qualified to take | ||||||
23 | acknowledgement of deeds and
shall immediately thereafter be | ||||||
24 | filed with the county clerk.
| ||||||
25 | Appointments of deputy registrars under this Section, | ||||||
26 | except precinct
committeemen, shall be for 2-year terms, |
| |||||||
| |||||||
1 | commencing on December 1 following
the general election of each | ||||||
2 | even-numbered year, except that the terms of
the initial | ||||||
3 | appointments shall be until December 1st following the next
| ||||||
4 | general election. Appointments of precinct committeemen shall | ||||||
5 | be for
2-year terms commencing on the date of the county | ||||||
6 | convention following the
general primary at which they were | ||||||
7 | elected. The county clerk shall issue a
certificate of | ||||||
8 | appointment to each deputy registrar, and shall maintain in
his | ||||||
9 | office for public inspection a list of the names of all | ||||||
10 | appointees.
| ||||||
11 | (b) The county clerk shall be responsible for training all | ||||||
12 | deputy registrars
appointed pursuant to subsection (a), at | ||||||
13 | times and locations reasonably
convenient for both the county | ||||||
14 | clerk and such appointees. The county clerk
shall be | ||||||
15 | responsible for certifying and supervising all deputy | ||||||
16 | registrars
appointed pursuant to subsection (a). Deputy | ||||||
17 | registrars appointed under
subsection (a) shall be subject to | ||||||
18 | removal for cause.
| ||||||
19 | (c)
Completed registration materials under the control of | ||||||
20 | deputy registrars,
appointed pursuant to subsection (a), shall | ||||||
21 | be returned to the appointing election
authority within 7 days, | ||||||
22 | except that completed registration materials
received by the | ||||||
23 | deputy registrars during the period between the 35th and
28th | ||||||
24 | day preceding an election shall be returned by the deputy
| ||||||
25 | registrars to
the appointing election authority within 48 hours | ||||||
26 | after receipt thereof. The
completed registration materials |
| |||||||
| |||||||
1 | received by the deputy registrars on the
28th day preceding an | ||||||
2 | election shall be returned by the deputy
registrars within 24 | ||||||
3 | hours after receipt thereof.
Unused materials shall be returned | ||||||
4 | by deputy
registrars appointed pursuant to paragraph 4 of | ||||||
5 | subsection (a), not later
than the next working day following | ||||||
6 | the close of registration.
| ||||||
7 | (d) The county clerk or board of election commissioners, as | ||||||
8 | the case may
be, must provide any additional forms requested by | ||||||
9 | any deputy registrar
regardless of the number of unaccounted | ||||||
10 | registration forms the deputy registrar
may have in his or her | ||||||
11 | possession.
| ||||||
12 | (e) No deputy registrar shall engage in any electioneering | ||||||
13 | or the promotion
of any cause during the performance of his or | ||||||
14 | her duties.
| ||||||
15 | (f) The county clerk shall not be criminally or civilly | ||||||
16 | liable for the
acts or omissions of any deputy registrar. Such | ||||||
17 | deputy registers shall not
be deemed to be employees of the | ||||||
18 | county clerk.
| ||||||
19 | (g) Completed registration materials returned by deputy | ||||||
20 | registrars for persons residing outside the county shall be | ||||||
21 | transmitted by the county clerk within 2 days after receipt to | ||||||
22 | the election authority of the person's election jurisdiction of | ||||||
23 | residence.
| ||||||
24 | (Source: P.A. 93-574, eff. 8-21-03; 94-645, eff. 8-22-05; | ||||||
25 | revised 12-15-05.)
|
| |||||||
| |||||||
1 | (10 ILCS 5/6-50.2) (from Ch. 46, par. 6-50.2)
| ||||||
2 | Sec. 6-50.2. (a) The board of election commissioners shall | ||||||
3 | appoint all
precinct committeepersons in the election | ||||||
4 | jurisdiction as deputy registrars
who may accept the | ||||||
5 | registration of any qualified resident of the State, except | ||||||
6 | during the 27 days preceding an election.
| ||||||
7 | The election authority shall appoint as deputy registrars a | ||||||
8 | reasonable
number of employees of the Secretary of State | ||||||
9 | located at driver's license
examination stations and | ||||||
10 | designated to the election authority by the
Secretary of State | ||||||
11 | who may accept the registration of any qualified
residents of | ||||||
12 | the State at any such driver's license examination stations. | ||||||
13 | The
appointment of employees of the Secretary of State as | ||||||
14 | deputy registrars shall
be made in the manner provided in | ||||||
15 | Section 2-105 of the Illinois Vehicle Code.
| ||||||
16 | The board of election commissioners shall appoint each of | ||||||
17 | the following
named persons as deputy registrars upon the | ||||||
18 | written request of such persons:
| ||||||
19 | 1. The chief librarian, or a qualified person | ||||||
20 | designated by the chief
librarian, of any public library | ||||||
21 | situated within the election jurisdiction,
who may accept | ||||||
22 | the registrations of any qualified resident of the State, | ||||||
23 | at such library.
| ||||||
24 | 2. The principal, or a qualified person designated by | ||||||
25 | the principal, of
any high school, elementary school, or | ||||||
26 | vocational school situated
within the election |
| |||||||
| |||||||
1 | jurisdiction, who may accept the registrations of any
| ||||||
2 | resident of the State, at such school. The board of | ||||||
3 | election
commissioners shall notify every principal and | ||||||
4 | vice-principal of each high
school, elementary school, and | ||||||
5 | vocational school situated in the election
jurisdiction of | ||||||
6 | their eligibility to serve as deputy registrars and offer
| ||||||
7 | training courses for service as deputy registrars at | ||||||
8 | conveniently located
facilities at least 4 months prior to | ||||||
9 | every election.
| ||||||
10 | 3. The president, or a qualified person designated by | ||||||
11 | the president, of
any university, college, community | ||||||
12 | college, academy or other institution
of learning situated | ||||||
13 | within the State, who may accept the
registrations of any | ||||||
14 | resident of the election jurisdiction, at such university,
| ||||||
15 | college, community college, academy or institution.
| ||||||
16 | 4. A duly elected or appointed official of a bona fide | ||||||
17 | labor
organization, or a reasonable number of qualified | ||||||
18 | members designated
by such official, who may accept the | ||||||
19 | registrations of any qualified
resident of the State.
| ||||||
20 | 5. A duly elected or appointed official of a bona fide | ||||||
21 | State civic
organization, as defined and determined by rule | ||||||
22 | of the State Board of
Elections, or qualified members | ||||||
23 | designated by such official, who may accept
the | ||||||
24 | registration of any qualified resident of the State.
In | ||||||
25 | determining the number of deputy registrars that shall be | ||||||
26 | appointed,
the board of election commissioners shall |
| |||||||
| |||||||
1 | consider the population of the
jurisdiction, the size of | ||||||
2 | the organization, the geographic size of the
jurisdiction, | ||||||
3 | convenience for the public, the existing number of deputy
| ||||||
4 | registrars in the jurisdiction and their location, the | ||||||
5 | registration
activities of the organization and the need to | ||||||
6 | appoint deputy registrars to
assist and facilitate the | ||||||
7 | registration of non-English speaking individuals.
In no | ||||||
8 | event shall a board of election commissioners fix an | ||||||
9 | arbitrary
number applicable to every civic organization | ||||||
10 | requesting appointment of its
members as deputy | ||||||
11 | registrars. The State Board of Elections shall by rule
| ||||||
12 | provide for certification of bona fide State civic | ||||||
13 | organizations. Such
appointments shall be made for a period | ||||||
14 | not to exceed 2 years, terminating
on the first business | ||||||
15 | day of the month following the month of the general
| ||||||
16 | election, and shall be valid for all periods of voter | ||||||
17 | registration as
provided by this Code during the terms of | ||||||
18 | such appointments.
| ||||||
19 | 6.
The Director of Healthcare and Family Services
the | ||||||
20 | Illinois Department of Public Aid , or a
reasonable number | ||||||
21 | of employees designated by the Director and located at
| ||||||
22 | public aid offices, who may accept the registration of any | ||||||
23 | qualified
resident of the election jurisdiction at any such | ||||||
24 | public aid office.
| ||||||
25 | 7.
The Director of the Illinois Department of | ||||||
26 | Employment Security, or a
reasonable number of employees |
| |||||||
| |||||||
1 | designated by the Director and located at
unemployment | ||||||
2 | offices, who may accept the registration of any qualified
| ||||||
3 | resident of the election jurisdiction at any such | ||||||
4 | unemployment office.
If the request to be appointed as | ||||||
5 | deputy registrar is denied, the board
of election | ||||||
6 | commissioners shall, within 10 days after the date the | ||||||
7 | request
is submitted, provide the affected individual or | ||||||
8 | organization with written
notice setting forth the | ||||||
9 | specific reasons or criteria relied upon to deny
the | ||||||
10 | request to be appointed as deputy registrar.
| ||||||
11 | 8. The president of any corporation, as defined by the | ||||||
12 | Business
Corporation Act of 1983, or a reasonable number of | ||||||
13 | employees designated by
such president, who may accept the | ||||||
14 | registrations of any qualified resident
of the State.
| ||||||
15 | The board of election commissioners may appoint as many | ||||||
16 | additional deputy
registrars as it considers necessary. The | ||||||
17 | board of election commissioners
shall appoint such additional | ||||||
18 | deputy registrars in such manner that the
convenience of the | ||||||
19 | public is served, giving due consideration to both
population | ||||||
20 | concentration and area. Some of the additional deputy
| ||||||
21 | registrars shall be selected so that there are an equal number | ||||||
22 | from
each of the 2 major political parties in the election | ||||||
23 | jurisdiction. The
board of election commissioners, in | ||||||
24 | appointing an additional deputy registrar,
shall make the | ||||||
25 | appointment from a list of applicants submitted by the Chairman
| ||||||
26 | of the County Central Committee of the applicant's political |
| |||||||
| |||||||
1 | party. A Chairman
of a County Central Committee shall submit a | ||||||
2 | list of applicants to the board
by November 30 of each year. | ||||||
3 | The board may require a Chairman of a County
Central Committee | ||||||
4 | to furnish a supplemental list of applicants.
| ||||||
5 | Deputy registrars may accept registrations at any time | ||||||
6 | other than the 27
day period preceding an election. All persons | ||||||
7 | appointed as deputy
registrars shall be registered voters | ||||||
8 | within the election jurisdiction and
shall take and subscribe | ||||||
9 | to the following oath or affirmation:
| ||||||
10 | "I do solemnly swear (or affirm, as the case may be) that I | ||||||
11 | will support
the Constitution of the United States, and the | ||||||
12 | Constitution of the State
of Illinois, and that I will | ||||||
13 | faithfully discharge the duties of the office
of registration | ||||||
14 | officer to the best of my ability and that I will register
no | ||||||
15 | person nor cause the registration of any person except upon his | ||||||
16 | personal
application before me.
| ||||||
17 | ....................................
| ||||||
18 | (Signature of Registration Officer)"
| ||||||
19 | This oath shall be administered and certified to by one of | ||||||
20 | the commissioners
or by the executive director or by some | ||||||
21 | person designated by the board of
election commissioners, and | ||||||
22 | shall immediately thereafter be filed with the
board of | ||||||
23 | election commissioners. The members of the board of election
| ||||||
24 | commissioners and all persons authorized by them under the | ||||||
25 | provisions of
this Article to take registrations, after | ||||||
26 | themselves taking and subscribing
to the above oath, are |
| |||||||
| |||||||
1 | authorized to take or administer such oaths and
execute such | ||||||
2 | affidavits as are required by this Article.
| ||||||
3 | Appointments of deputy registrars under this Section, | ||||||
4 | except precinct
committeemen, shall be for 2-year terms, | ||||||
5 | commencing on December 1 following
the general election of each | ||||||
6 | even-numbered year, except that the terms of
the initial | ||||||
7 | appointments shall be until December 1st following the next
| ||||||
8 | general election. Appointments of precinct committeemen shall | ||||||
9 | be for 2-year
terms commencing on the date of the county | ||||||
10 | convention following the general
primary at which they were | ||||||
11 | elected. The county clerk shall issue a
certificate of | ||||||
12 | appointment to each deputy registrar, and shall maintain in
his | ||||||
13 | office for public inspection a list of the names of all | ||||||
14 | appointees.
| ||||||
15 | (b) The board of election commissioners shall be | ||||||
16 | responsible for training
all deputy registrars appointed | ||||||
17 | pursuant to subsection (a), at times and
locations reasonably | ||||||
18 | convenient for both the board of election commissioners
and | ||||||
19 | such appointees. The board of election commissioners shall be | ||||||
20 | responsible
for certifying and supervising all deputy | ||||||
21 | registrars appointed pursuant
to subsection (a). Deputy | ||||||
22 | registrars appointed under subsection (a) shall
be subject to | ||||||
23 | removal for cause.
| ||||||
24 | (c)
Completed registration materials under the control of | ||||||
25 | deputy
registrars appointed pursuant to subsection (a) shall be | ||||||
26 | returned to the
appointing election authority within 7 days, |
| |||||||
| |||||||
1 | except that completed registration
materials received by the | ||||||
2 | deputy registrars during the period between the
35th and 28th | ||||||
3 | day preceding an election shall be returned by the
deputy
| ||||||
4 | registrars to the appointing election authority within 48 hours | ||||||
5 | after receipt
thereof. The completed registration materials | ||||||
6 | received by the deputy
registrars on the 28th day preceding an | ||||||
7 | election shall be returned
by the
deputy registrars within 24 | ||||||
8 | hours after receipt thereof. Unused materials
shall be returned | ||||||
9 | by deputy registrars appointed pursuant to paragraph 4 of
| ||||||
10 | subsection (a), not later than the next working day following | ||||||
11 | the close of
registration.
| ||||||
12 | (d) The county clerk or board of election commissioners, as | ||||||
13 | the case may
be, must provide any additional forms requested by | ||||||
14 | any deputy registrar
regardless of the number of unaccounted | ||||||
15 | registration forms the deputy registrar
may have in his or her | ||||||
16 | possession.
| ||||||
17 | (e) No deputy registrar shall engage in any electioneering | ||||||
18 | or the promotion
of any cause during the performance of his or | ||||||
19 | her duties.
| ||||||
20 | (f) The board of election commissioners shall not be | ||||||
21 | criminally or
civilly liable for the acts or omissions of any | ||||||
22 | deputy registrar. Such
deputy registrars shall not be deemed to | ||||||
23 | be employees of the board of
election commissioners.
| ||||||
24 | (g) Completed registration materials returned by deputy | ||||||
25 | registrars for persons residing outside the election | ||||||
26 | jurisdiction shall be transmitted by the board of election |
| |||||||
| |||||||
1 | commissioners within 2 days after receipt to the election | ||||||
2 | authority of the person's election jurisdiction of residence.
| ||||||
3 | (Source: P.A. 93-574, eff. 8-21-03; 94-645, eff. 8-22-05; | ||||||
4 | revised 12-15-05.)
| ||||||
5 | (10 ILCS 5/7-56) (from Ch. 46, par. 7-56)
| ||||||
6 | Sec. 7-56. As soon as complete returns are delivered to the | ||||||
7 | proper election
authority, the returns shall be canvassed for | ||||||
8 | all primary elections as follows. The election authority acting | ||||||
9 | as the canvassing board
pursuant to Section 1-8 of this Code | ||||||
10 | shall also open
and canvass the returns of a primary. Upon the
| ||||||
11 | completion of the canvass of the returns by the election | ||||||
12 | authority,
the election authority shall make a tabulated | ||||||
13 | statement of the returns
for each political party separately, | ||||||
14 | stating in appropriate columns and
under proper headings, the | ||||||
15 | total number of votes cast in said county for
each candidate | ||||||
16 | for nomination or election by said party, including candidates | ||||||
17 | for
President of the United States and for State central | ||||||
18 | committeemen, and
for delegates and alternate delegates to | ||||||
19 | National nominating
conventions, and for precinct | ||||||
20 | committeemen, township committeemen, and
for ward | ||||||
21 | committeemen. Within 2 days after the completion of said
| ||||||
22 | canvass by the election authority, the county clerk shall mail | ||||||
23 | to the
State Board of Elections a certified copy of such | ||||||
24 | tabulated statement of
returns. The
election authority said | ||||||
25 | officers shall also determine and set down as to each precinct |
| |||||||
| |||||||
1 | the
number of ballots voted by the primary electors of each | ||||||
2 | party at the primary.
| ||||||
3 | In the case of the nomination or election of candidates for | ||||||
4 | offices,
including President of the United States and the State | ||||||
5 | central
committeemen, and delegates and alternate delegates to | ||||||
6 | National
nominating conventions, certified tabulated statement | ||||||
7 | of returns for
which are filed with the State Board of | ||||||
8 | Elections, said returns shall be
canvassed by the election | ||||||
9 | authority. And, provided, further, that within 5 days after
| ||||||
10 | said returns shall be canvassed by the said Board, the Board | ||||||
11 | shall cause
to be published in one daily newspaper of general | ||||||
12 | circulation at the
seat of the State government in Springfield | ||||||
13 | a certified statement of the
returns filed in its office, | ||||||
14 | showing the total vote cast in the State
for each candidate of | ||||||
15 | each political party for President of the United
States, and | ||||||
16 | showing the total vote for each candidate of each political
| ||||||
17 | party for President of the United States, cast in each of the | ||||||
18 | several
congressional districts in the State.
| ||||||
19 | Within 48 hours of conducting a canvass, as required
by | ||||||
20 | this Code, of the consolidated
primary, the election authority | ||||||
21 | shall deliver
an original certificate of results to each local | ||||||
22 | election official, with
respect to whose political | ||||||
23 | subdivisions nominations were made at such primary,
for each | ||||||
24 | precinct in his jurisdiction in which such nominations were on
| ||||||
25 | the ballot. Such original certificate of results need not | ||||||
26 | include any offices
or nominations for any other political |
| |||||||
| |||||||
1 | subdivisions. 21
| ||||||
2 | (Source: P.A. 94-645, eff. 8-22-05; 94-647, eff. 1-1-06; | ||||||
3 | revised 8-29-05.)
| ||||||
4 | (10 ILCS 5/22-1)
(from Ch. 46, par. 22-1)
| ||||||
5 | Sec. 22-1. Abstracts of votes. Within 21 days after the
| ||||||
6 | close of the
election at which candidates for offices | ||||||
7 | hereinafter named in this Section are
voted upon, the election | ||||||
8 | authorities of the respective counties shall open the returns | ||||||
9 | and make abstracts of
the votes on a separate sheet for each of | ||||||
10 | the following:
| ||||||
11 | A. For Governor and Lieutenant Governor;
| ||||||
12 | B. For State officers;
| ||||||
13 | C. For presidential electors;
| ||||||
14 | D. For United States Senators and Representatives to | ||||||
15 | Congress;
| ||||||
16 | E. For judges of the Supreme Court;
| ||||||
17 | F. For judges of the Appellate Court;
| ||||||
18 | G. For judges of the circuit court;
| ||||||
19 | H. For Senators and Representatives to the General | ||||||
20 | Assembly;
| ||||||
21 | I. For State's Attorneys elected from 2 or more counties;
| ||||||
22 | J. For amendments to the Constitution, and for other | ||||||
23 | propositions
submitted to the electors of the entire State;
| ||||||
24 | K. For county officers and for propositions submitted to | ||||||
25 | the
electors of the county only;
|
| |||||||
| |||||||
1 | L. For Regional Superintendent of Schools;
| ||||||
2 | M. For trustees of Sanitary Districts; and
| ||||||
3 | N. For Trustee of a Regional Board of School Trustees.
| ||||||
4 | Each sheet shall report the returns by precinct or ward. | ||||||
5 | Multiple originals of each of the sheets shall be prepared | ||||||
6 | and one of
each shall be turned over to the chairman of the | ||||||
7 | county central
committee of each of the then existing | ||||||
8 | established political parties, as
defined in Section 10-2, or | ||||||
9 | his duly authorized representative
immediately after the | ||||||
10 | completion of the entries on the sheets and before
the totals | ||||||
11 | have been compiled.
| ||||||
12 | The foregoing abstracts shall be preserved by the election | ||||||
13 | authority in its office.
| ||||||
14 | Whenever any county clerk is unable to canvass the vote,
| ||||||
15 | the deputy county clerk or a designee of the county clerk shall | ||||||
16 | serve in his or her place.
| ||||||
17 | The powers and duties of the election authority canvassing | ||||||
18 | the votes are limited to
those specified in this Section.
| ||||||
19 | No person who is shown by the election authority's
| ||||||
20 | canvassing board's proclamation to have been elected at the | ||||||
21 | consolidated election or general election as a write-in | ||||||
22 | candidate shall take office unless that person has first filed | ||||||
23 | with the certifying office or board a statement of candidacy | ||||||
24 | pursuant to Section 7-10 or Section 10-5, a statement pursuant | ||||||
25 | to Section 7-10.1, and a receipt for filing a statement of | ||||||
26 | economic interests in relation to the unit of government to |
| |||||||
| |||||||
1 | which he or she has been elected. For officers elected at the | ||||||
2 | consolidated election, the certifying officer shall notify the | ||||||
3 | election authority of the receipt of those documents, and the | ||||||
4 | county clerk shall issue the certification of election under | ||||||
5 | the provisions of Section 22-18. | ||||||
6 | (Source: P.A. 93-847, eff. 7-30-04; 94-645, eff. 8-22-05; | ||||||
7 | 94-647, eff. 1-1-06; revised 10-4-05.)
| ||||||
8 | (10 ILCS 5/22-8)
(from Ch. 46, par. 22-8)
| ||||||
9 | Sec. 22-8. In municipalities operating under Article 6 of | ||||||
10 | this Act,
within 21 days after the close of such election, the | ||||||
11 | board of election
commissioners
shall open all returns and | ||||||
12 | shall make abstracts or
statements of the votes for all offices | ||||||
13 | and questions voted on at the election.
| ||||||
14 | Each abstract or statement
sheet shall report the returns | ||||||
15 | by precinct or ward.
| ||||||
16 | Multiple originals of each of the abstracts or statements | ||||||
17 | shall be prepared and one of
each shall be turned over to the | ||||||
18 | chairman of the county central committee
of each of the then | ||||||
19 | existing established political parties, as defined in
Section | ||||||
20 | 10-2.
| ||||||
21 | (Source: P.A. 93-847, eff. 7-30-04; 94-645, eff. 8-22-05; | ||||||
22 | 94-647, eff. 1-1-06; revised 10-4-05.)
| ||||||
23 | (10 ILCS 5/22-9) (from Ch. 46, par. 22-9)
| ||||||
24 | Sec. 22-9. It shall be the duty of the election authority |
| |||||||
| |||||||
1 | to canvass and add up
and declare the result of every election | ||||||
2 | hereafter held within the
boundaries of such city, village or | ||||||
3 | incorporated town operating under
Article 6 of this Act. The | ||||||
4 | election authority shall file by precinct or ward a certified | ||||||
5 | copy of the
record with the County Clerk of the county; and
| ||||||
6 | such abstracts or results shall be treated, by the County Clerk | ||||||
7 | in all
respects, as if made by the election authority now | ||||||
8 | provided by the foregoing
sections of this law, and he shall | ||||||
9 | transmit the same, by facsimile, e-mail, or other electronic | ||||||
10 | means, to the State Board of
Elections, or other proper | ||||||
11 | officer, as required hereinabove.
The county clerk or board of | ||||||
12 | election commissioners, as the case may be,
shall also send the
| ||||||
13 | abstract by precinct or ward and result in a sealed envelope | ||||||
14 | addressed to the State Board of
Elections via
overnight mail so | ||||||
15 | it arrives at the address the following calendar day.
And such
| ||||||
16 | abstracts or results so declared, and a certified
copy thereof, | ||||||
17 | shall be treated everywhere within the state, and by all
public | ||||||
18 | officers, with the same binding force and effect as the | ||||||
19 | abstract of
votes now authorized by the foregoing provisions of | ||||||
20 | this Act.
| ||||||
21 | (Source: P.A. 93-574, eff. 8-21-03; 94-645, eff. 8-22-05; | ||||||
22 | 94-647, eff. 1-1-06; revised 9-15-06.)
| ||||||
23 | (10 ILCS 5/22-15) (from Ch. 46, par. 22-15)
| ||||||
24 | Sec. 22-15. The election
authority shall, upon request,
and | ||||||
25 | by mail if so requested, furnish free of charge to any |
| |||||||
| |||||||
1 | candidate for any office, whose name appeared
upon the ballot | ||||||
2 | within the jurisdiction of
the election
authority, a copy of | ||||||
3 | the abstract
of votes by precinct or ward for all candidates | ||||||
4 | for the office for which such
person was a candidate. Such | ||||||
5 | abstract shall be furnished no later than 2
days after the | ||||||
6 | receipt of the request or 8 days after the completing of the
| ||||||
7 | canvass, whichever is later.
| ||||||
8 | Within one calendar day following the canvass and
| ||||||
9 | proclamation of each general
primary election and general | ||||||
10 | election, each election authority shall transmit
to the | ||||||
11 | principal office of the State Board of Elections copies of the | ||||||
12 | abstracts
of votes by precinct or ward for the offices of
ward, | ||||||
13 | township, and precinct committeeman via overnight mail so that | ||||||
14 | the
abstract of votes arrives at the address the following | ||||||
15 | calendar day. Each
election authority shall
also transmit to | ||||||
16 | the principal office of the State Board of Elections copies
of | ||||||
17 | current precinct poll lists.
| ||||||
18 | (Source: P.A. 93-574, eff. 8-21-03; 94-645, eff. 8-22-05; | ||||||
19 | 94-647, eff. 1-1-06; revised 8-29-05.)
| ||||||
20 | (10 ILCS 5/22-17)
(from Ch. 46, par. 22-17)
| ||||||
21 | Sec. 22-17. (a) Except as provided in subsection (b),
the | ||||||
22 | canvass of votes cast at the consolidated election
shall be | ||||||
23 | conducted by the election authority within 21 days
after the | ||||||
24 | close of such elections.
| ||||||
25 | (b) The board of election commissioners as provided in |
| |||||||
| |||||||
1 | Section 22-8 shall canvass
the votes cast at the consolidated | ||||||
2 | election for offices
of any political subdivision entirely | ||||||
3 | within the jurisdiction of a
municipal board of election | ||||||
4 | commissioners.
| ||||||
5 | (c) The canvass of votes cast upon any public questions | ||||||
6 | submitted to
the voters of any political subdivision, or any | ||||||
7 | precinct or combination of
precincts within a political | ||||||
8 | subdivision, at any regular election or at
any emergency | ||||||
9 | referendum election, including votes cast by voters
outside of | ||||||
10 | the political subdivision where the question is for
annexation | ||||||
11 | thereto, shall be canvassed by the same election
authority as | ||||||
12 | for the canvass of votes of the officers of such political
| ||||||
13 | subdivision. However, referenda conducted throughout a county | ||||||
14 | and
referenda of sanitary districts whose officers are elected | ||||||
15 | at general
elections shall be canvassed by the county clerk. | ||||||
16 | The votes
cast on a public question for the formation of a | ||||||
17 | political subdivision
shall be canvassed by the relevant | ||||||
18 | election authority and filed with the circuit court that | ||||||
19 | ordered the question
submitted.
| ||||||
20 | (c-5) No person who is shown by the election authority's
| ||||||
21 | canvassing board's proclamation to have been elected at the | ||||||
22 | consolidated election or general election as a write-in | ||||||
23 | candidate shall take office unless that person has first filed | ||||||
24 | with the certifying office or board a statement of candidacy | ||||||
25 | pursuant to Section 7-10 or Section 10-5, a statement pursuant | ||||||
26 | to Section 7-10.1, and a receipt for filing a statement of |
| |||||||
| |||||||
1 | economic interests in relation to the unit of government to | ||||||
2 | which he or she has been elected. For officers elected at the | ||||||
3 | consolidated election, the certifying officer shall notify the | ||||||
4 | election authority of the receipt of those documents, and the | ||||||
5 | county clerk shall issue the certification of election under | ||||||
6 | the provisions of Section 22-18. | ||||||
7 | (d) The canvass of votes for offices of political | ||||||
8 | subdivisions cast
at special elections to fill vacancies held | ||||||
9 | on the day of any regular
election shall be conducted by the | ||||||
10 | election
authority which is responsible
for canvassing the | ||||||
11 | votes at the regularly scheduled election for such office.
| ||||||
12 | (e) Abstracts of votes prepared pursuant to canvasses under | ||||||
13 | this Section shall report returns by precinct or ward. | ||||||
14 | (Source: P.A. 93-847, eff. 7-30-04; 94-645, eff. 8-22-05; | ||||||
15 | 94-647, eff. 1-1-06; revised 10-4-05.)
| ||||||
16 | (10 ILCS 5/24A-2) (from Ch. 46, par. 24A-2)
| ||||||
17 | Sec. 24A-2. As used in this Article: "Computer", "Automatic | ||||||
18 | tabulating
equipment" or "equipment" includes apparatus | ||||||
19 | necessary to automatically
examine and count votes as | ||||||
20 | designated on ballots, and data processing
machines which can | ||||||
21 | be used for counting ballots and tabulating results.
| ||||||
22 | "Ballot card" means a ballot which is voted by the process | ||||||
23 | of
punching.
| ||||||
24 | "Ballot configuration" means the particular combination of | ||||||
25 | political
subdivision ballots including, for each political |
| |||||||
| |||||||
1 | subdivision, the particular
combination of offices, candidate | ||||||
2 | names and ballot position
numbers for each candidate and | ||||||
3 | question as it appears for each group of
voters who may cast | ||||||
4 | the same ballot.
| ||||||
5 | "Ballot labels" means the cards, papers, booklet, pages or | ||||||
6 | other
material containing the names of officers and candidates | ||||||
7 | and statements
of measures to be voted on.
| ||||||
8 | "Ballot sheet" means a paper ballot printed on one or both | ||||||
9 | sides which
is (1) designed and prepared so that the voter may | ||||||
10 | indicate his or her votes
in designated areas, which must be | ||||||
11 | enclosed areas clearly printed or otherwise
delineated for such | ||||||
12 | purpose, and (2) capable of having votes marked in the
| ||||||
13 | designated areas automatically examined, counted, and | ||||||
14 | tabulated by an
electronic scanning process.
| ||||||
15 | "Ballot" may include ballot cards, ballot labels and paper | ||||||
16 | ballots.
| ||||||
17 | "Separate ballot", with respect to ballot sheets, means a | ||||||
18 | separate portion
of the ballot sheet in which the color of the | ||||||
19 | ink used in printing that
portion of the ballot sheet is | ||||||
20 | distinct from the color of the ink used in
printing any other | ||||||
21 | portion of the ballot sheet.
| ||||||
22 | "Column" in an electronic voting system which utilizes a | ||||||
23 | ballot card
means a space on a ballot card for punching the | ||||||
24 | voter's vote arranged in
a row running lengthwise on the ballot | ||||||
25 | card.
| ||||||
26 | "Central Counting" means the counting of
ballots in one or |
| |||||||
| |||||||
1 | more locations selected by the
election authority for the | ||||||
2 | processing or counting, or both, of
ballots. A location for | ||||||
3 | central counting shall be within the territorial
jurisdiction | ||||||
4 | of such election authority unless there is no suitable
| ||||||
5 | tabulating equipment available within his territorial | ||||||
6 | jurisdiction.
However, in any event a counting location shall | ||||||
7 | be within this State.
| ||||||
8 | "In-precinct counting" means the counting of ballots on | ||||||
9 | automatic tabulating
equipment provided by the election | ||||||
10 | authority in the same precinct polling
place in which those | ||||||
11 | ballots have been cast.
| ||||||
12 | "Computer operator" means any person or persons designated | ||||||
13 | by the election
authority to operate the automatic tabulating | ||||||
14 | equipment during any portion
of the vote tallying process in an | ||||||
15 | election, but shall not include judges
of election operating | ||||||
16 | vote tabulating equipment in the precinct.
| ||||||
17 | "Computer program" or "program" means the set of operating | ||||||
18 | instructions
for the automatic tabulating equipment by which it | ||||||
19 | examines, counts,
tabulates, canvasses and prints votes | ||||||
20 | recorded by a voter on a ballot
card or other medium.
| ||||||
21 | "Edit listing" means a computer generated listing of the | ||||||
22 | names and ballot
position numbers for each candidate and | ||||||
23 | proposition
as they appear in the program for each precinct.
| ||||||
24 | "Voting System" or "Electronic Voting System" means that | ||||||
25 | combination of
equipment and programs used in the casting, | ||||||
26 | examination and tabulation of
ballots and the cumulation and |
| |||||||
| |||||||
1 | reporting of results by electronic means.
| ||||||
2 | "Header card" means a data processing card which is coded | ||||||
3 | to indicate
to the computer the precinct identity of the ballot | ||||||
4 | cards that will follow
immediately and may indicate to the | ||||||
5 | computer how such ballot cards are to
be tabulated.
| ||||||
6 | "Marking device" means either an apparatus in which ballots | ||||||
7 | or ballot
cards are inserted and used in connection with a | ||||||
8 | punch apparatus for the
piercing of ballots by the voter, or | ||||||
9 | any approved device for marking a
paper ballot with ink or | ||||||
10 | other substance which will enable the ballot to
be tabulated by | ||||||
11 | means of automatic tabulating equipment or by an electronic
| ||||||
12 | scanning process.
| ||||||
13 | "Redundant count" means a verification of the original | ||||||
14 | computer count by
another count using compatible equipment or | ||||||
15 | by hand as part of a discovery recount.
| ||||||
16 | "Security punch" means a punch placed on a ballot card to | ||||||
17 | identify to the
computer program the offices and propositions | ||||||
18 | for which votes may be cast
and to indicate the manner in which | ||||||
19 | votes cast should be tabulated
while negating any inadmissible
| ||||||
20 | inadmissable votes.
| ||||||
21 | (Source: P.A. 86-867; revised 10-12-05.)
| ||||||
22 | (10 ILCS 5/24B-9.1)
| ||||||
23 | Sec. 24B-9.1. Examination of Votes by Electronic Precinct
| ||||||
24 | Tabulation Optical Scan Technology Scanning Process or other | ||||||
25 | authorized
electronic process; definition of a vote.
|
| |||||||
| |||||||
1 | (a) Examination of Votes by Electronic Precinct Tabulation | ||||||
2 | Optical Scan
Technology Scanning Process. Whenever a
Precinct | ||||||
3 | Tabulation Optical Scan Technology process is used
to | ||||||
4 | automatically examine and count the votes on ballot sheets,
the | ||||||
5 | provisions of this Section shall apply. A voter shall cast a
| ||||||
6 | proper vote on a ballot sheet by making a mark, or causing a | ||||||
7 | mark to be
made, in the designated
area for the casting of a | ||||||
8 | vote for any party or candidate or for
or against any | ||||||
9 | proposition. For this purpose, a mark is an
intentional | ||||||
10 | darkening of the designated area on the ballot,
and not an | ||||||
11 | identifying mark.
| ||||||
12 | (b) For any ballot sheet that does not register a vote for | ||||||
13 | one or more
ballot positions on the ballot sheet on a | ||||||
14 | Electronic Precinct Tabulation
Optical Scan Technology | ||||||
15 | Scanning Process, the following shall constitute a vote
on the | ||||||
16 | ballot sheet:
| ||||||
17 | (1) the designated area for casting a vote for a | ||||||
18 | particular ballot
position on the ballot sheet is fully | ||||||
19 | darkened or shaded in;
| ||||||
20 | (2) the designated area for casting a vote for a | ||||||
21 | particular ballot
position on the ballot sheet is partially | ||||||
22 | darkened or shaded in;
| ||||||
23 | (3) the designated area for casting a vote for a | ||||||
24 | particular ballot
position on the ballot sheet contains a | ||||||
25 | dot or ".", a check, or a
plus or "+"; or
| ||||||
26 | (4) the designated area for casting a vote for a |
| |||||||
| |||||||
1 | particular ballot
position on the ballot sheet contains | ||||||
2 | some other type of mark that
indicates the clearly | ||||||
3 | ascertainable intent of the voter to vote based
on the | ||||||
4 | totality of the circumstances, including but not limited to
| ||||||
5 | any pattern or frequency of marks on other ballot
positions | ||||||
6 | from the same ballot sheet ; or .
| ||||||
7 | (5) the designated area for casting a vote for a | ||||||
8 | particular ballot
position on the ballot sheet is not | ||||||
9 | marked, but the ballot sheet contains other
markings | ||||||
10 | associated with a particular ballot position, such as | ||||||
11 | circling a
candidate's name, that indicates the clearly | ||||||
12 | ascertainable intent of the voter
to vote, based on the | ||||||
13 | totality of the circumstances, including but not limited
| ||||||
14 | to, any pattern or frequency of markings on other ballot | ||||||
15 | positions from the
same ballot sheet.
| ||||||
16 | (c) For other electronic voting systems that use a computer | ||||||
17 | as the marking
device to mark a ballot sheet, the bar code | ||||||
18 | found on the ballot sheet shall
constitute the votes found on | ||||||
19 | the ballot. If, however, the county clerk or
board of election | ||||||
20 | commissioners determines that the votes
represented by the | ||||||
21 | tally on the bar code for one or more ballot positions is
| ||||||
22 | inconsistent with the votes represented by numerical ballot | ||||||
23 | positions
identified on the ballot sheet produced using a | ||||||
24 | computer as the marking device,
then the numerical ballot | ||||||
25 | positions identified on the ballot sheet shall
constitute the | ||||||
26 | votes for purposes of any official canvass or recount
|
| |||||||
| |||||||
1 | proceeding. An electronic voting system that uses a computer as | ||||||
2 | the marking
device to mark a ballot sheet shall be capable of | ||||||
3 | producing a ballot sheet that
contains all numerical ballot | ||||||
4 | positions selected by the voter,
and provides a place for the | ||||||
5 | voter to cast a write-in vote for a candidate
for a particular | ||||||
6 | numerical ballot position.
| ||||||
7 | (d) The election authority shall provide an envelope, | ||||||
8 | sleeve or
other device to each voter so the voter can
deliver | ||||||
9 | the voted ballot sheet to the counting equipment and
ballot box | ||||||
10 | without the votes indicated on the ballot sheet being
visible | ||||||
11 | to other persons in the polling place.
| ||||||
12 | (Source: P.A. 93-574, eff. 8-21-03; revised 10-9-03.)
| ||||||
13 | (10 ILCS 5/1A-30 rep.)
| ||||||
14 | Section 62. The Election Code is amended by repealing | ||||||
15 | Section 1A-30. | ||||||
16 | Section 65. The Attorney General Act is amended by changing | ||||||
17 | Section 4a as follows:
| ||||||
18 | (15 ILCS 205/4a) (from Ch. 14, par. 4a)
| ||||||
19 | Sec. 4a. Attorneys and investigators appointed by the | ||||||
20 | attorney
general, and on his payroll, when authorized by the | ||||||
21 | attorney general or
his designee, may expend such sums as the | ||||||
22 | attorney general or his designee
deems necessary for the | ||||||
23 | purchase of items for evidence, the advancement of
fees in |
| |||||||
| |||||||
1 | cases before United States
State courts or other State courts, | ||||||
2 | and in the
payment of witness or subpoena fees.
| ||||||
3 | Funds for making expenditures authorized in this Section | ||||||
4 | shall be
advanced from funds appropriated or made available by | ||||||
5 | law for the support
or use of the office of attorney general or | ||||||
6 | vouchers therefor signed by the
attorney general or his | ||||||
7 | designee. Sums so advanced may be paid to the
attorney or | ||||||
8 | investigator authorized to receive the advancement, or may be
| ||||||
9 | made payable to the ultimate recipient. Any expenditures under | ||||||
10 | this Section
shall be audited by the auditor general as part of | ||||||
11 | any mandated audit
conducted in compliance with Section 3-2 of | ||||||
12 | the Illinois State Auditing Act.
| ||||||
13 | (Source: P.A. 84-438; revised 10-11-05.)
| ||||||
14 | Section 70. The Secretary of State Act is amended by | ||||||
15 | changing Section 10 as follows:
| ||||||
16 | (15 ILCS 305/10) (from Ch. 124, par. 10)
| ||||||
17 | Sec. 10. Whenever any bill which has passed both houses of | ||||||
18 | the General
Assembly, and is not approved, or vetoed and | ||||||
19 | returned by the Governor, or filed
with his objection in the | ||||||
20 | office of the Secretary of State, as required by
Section 9, of | ||||||
21 | Article IV, of the Constitution, it shall be the duty of the
| ||||||
22 | Secretary of State to authenticate the same by a certificate | ||||||
23 | thereon, to the
following effect, as the case may be:
| ||||||
24 | "This bill having remained with the Governor 60 |
| |||||||
| |||||||
1 | calendar days after it was
presented to him, the General | ||||||
2 | Assembly being in session, ( or the Governor
having failed | ||||||
3 | to return this bill to the General Assembly during its | ||||||
4 | session,
and having failed to file it in my office, with | ||||||
5 | his objections, within such
60 calendar days, it has | ||||||
6 | thereby become a law.
| ||||||
7 | Dated ..............
19
| ||||||
8 | Signature ..............., Secretary of State" .
| ||||||
9 | (Source: P.A. 84-550; revised 9-24-03.)
| ||||||
10 | Section 75. The Secretary of State Merit Employment Code is | ||||||
11 | amended by changing Section 10b.1 as follows:
| ||||||
12 | (15 ILCS 310/10b.1) (from Ch. 124, par. 110b.1)
| ||||||
13 | Sec. 10b.1. (a) Competitive examinations.
| ||||||
14 | (a) For open competitive
examinations to test the relative | ||||||
15 | fitness of applicants for the
respective positions. Tests shall | ||||||
16 | be designed to eliminate those who
are not qualified for | ||||||
17 | entrance into the Office of the Secretary of State
and to | ||||||
18 | discover the relative fitness of those who are qualified. The
| ||||||
19 | Director may use any one of or any combination of the following
| ||||||
20 | examination methods which in his judgment best serves this end:
| ||||||
21 | investigation of education and experience; test of cultural | ||||||
22 | knowledge;
test of capacity; test of knowledge; test of manual | ||||||
23 | skill; test of
linguistic ability; test of character; test of | ||||||
24 | physical skill; test of
psychological fitness. No person with a |
| |||||||
| |||||||
1 | record of misdemeanor
convictions except those under Sections | ||||||
2 | 11-6, 11-7, 11-9, 11-14,
11-15, 11-17, 11-18, 11-19, 12-2, | ||||||
3 | 12-6, 12-15, 14-4, 16-1, 21.1-3, 24-3.1,
24-5, 25-1, 28-3, | ||||||
4 | 31-1, 31-4, 31-6, 31-7, 32-1, 32-2, 32-3, 32-4, 32-8
and | ||||||
5 | sub-sections 1, 6 and 8 of Section 24-1 of the Criminal Code of
| ||||||
6 | 1961, or arrested for any cause but not convicted thereon shall | ||||||
7 | be
disqualified from taking such examinations or subsequent | ||||||
8 | appointment
unless the person is attempting to qualify for a | ||||||
9 | position which would
give him the powers of a peace officer, in | ||||||
10 | which case the person's
conviction or arrest record may be | ||||||
11 | considered as a factor in determining
the person's fitness for | ||||||
12 | the position. All examinations shall be
announced publicly at | ||||||
13 | least 2 weeks in advance of the date of
examinations and may be | ||||||
14 | advertised through the press, radio or other
media.
| ||||||
15 | The Director may, at his discretion, accept the results of
| ||||||
16 | competitive examinations conducted by any merit system | ||||||
17 | established by
Federal law or by the law of any State, and may | ||||||
18 | compile eligible lists
therefrom or may add the names of | ||||||
19 | successful candidates in examinations
conducted by those merit | ||||||
20 | systems to existing eligible lists in
accordance with their | ||||||
21 | respective ratings. No person who is a
non-resident of the | ||||||
22 | State of Illinois may be appointed from those
eligible lists, | ||||||
23 | however, unless the requirement that applicants be
residents of | ||||||
24 | the State of Illinois is waived by the Director of
Personnel | ||||||
25 | and unless there are less than 3 Illinois residents available
| ||||||
26 | for appointment from the appropriate eligible list. The results |
| |||||||
| |||||||
1 | of the
examinations conducted by other merit systems may not be | ||||||
2 | used unless
they are comparable in difficulty and | ||||||
3 | comprehensiveness to examinations
conducted by the Department | ||||||
4 | of Personnel for similar positions. Special
linguistic options | ||||||
5 | may also be established where deemed appropriate.
| ||||||
6 | (b) The Director of Personnel may require that each person | ||||||
7 | seeking
employment with the Secretary of State, as part of the | ||||||
8 | application
process, authorize an investigation to determine | ||||||
9 | if the applicant has
ever been convicted of a crime and if so, | ||||||
10 | the disposition of those
convictions; this authorization shall | ||||||
11 | indicate the scope of the inquiry
and the agencies which may be | ||||||
12 | contacted. Upon this authorization, the
Director of Personnel | ||||||
13 | may request and receive information and assistance
from any | ||||||
14 | federal, state or local governmental agency as part of the
| ||||||
15 | authorized investigation. The investigation shall be | ||||||
16 | undertaken after the
fingerprinting of an applicant in the form | ||||||
17 | and manner prescribed by the
Department of State Police. The | ||||||
18 | investigation shall consist of a criminal
history records check | ||||||
19 | performed by the Department of State Police and the
Federal | ||||||
20 | Bureau of Investigation, or some other entity that has the | ||||||
21 | ability to
check the applicant's fingerprints against the | ||||||
22 | fingerprint records now and
hereafter filed in the Department | ||||||
23 | of State Police and Federal Bureau of
Investigation criminal | ||||||
24 | history records databases. If the Department of State
Police | ||||||
25 | and the Federal Bureau of Investigation
conduct an | ||||||
26 | investigation directly for the Secretary of State's Office, |
| |||||||
| |||||||
1 | then
the Department of State Police shall charge a fee for | ||||||
2 | conducting the criminal
history records check, which shall be | ||||||
3 | deposited in the State Police Services
Fund and shall not | ||||||
4 | exceed the actual cost of the records check. The
Department of | ||||||
5 | State Police shall
provide information concerning any criminal | ||||||
6 | convictions, and their
disposition, brought against the | ||||||
7 | applicant or prospective employee of
the Secretary of State | ||||||
8 | upon request of the Department of Personnel when
the request is | ||||||
9 | made in the form and manner required by the Department of
State | ||||||
10 | Police. The information derived from this investigation,
| ||||||
11 | including the source of this information, and any conclusions | ||||||
12 | or
recommendations derived from this information by the | ||||||
13 | Director of
Personnel shall be provided to the applicant or | ||||||
14 | prospective employee, or
his designee, upon request to the | ||||||
15 | Director of Personnel prior to any
final action by the Director | ||||||
16 | of Personnel on the application. No
information obtained from | ||||||
17 | such investigation may be placed in any
automated information | ||||||
18 | system. Any criminal convictions and their
disposition | ||||||
19 | information obtained by the Director of Personnel shall be
| ||||||
20 | confidential and may not be transmitted outside the Office of | ||||||
21 | the
Secretary of State, except as required herein, and may not | ||||||
22 | be
transmitted to anyone within the Office of the Secretary of | ||||||
23 | State except
as needed for the purpose of evaluating the | ||||||
24 | application. The only
physical identity materials which the | ||||||
25 | applicant or prospective employee
can be required to provide | ||||||
26 | the Director of Personnel are photographs or
fingerprints; |
| |||||||
| |||||||
1 | these shall be returned to the applicant or prospective
| ||||||
2 | employee upon request to the Director of Personnel, after the
| ||||||
3 | investigation has been completed and no copy of these materials | ||||||
4 | may be
kept by the Director of Personnel or any agency to which | ||||||
5 | such identity
materials were transmitted. Only information and | ||||||
6 | standards which bear a
reasonable and rational relation to the | ||||||
7 | performance of an employee shall
be used by the Director of | ||||||
8 | Personnel. The Secretary of State shall
adopt rules and | ||||||
9 | regulations for the administration of this Section. Any
| ||||||
10 | employee of the Secretary of State who gives or causes to be | ||||||
11 | given away
any confidential information concerning any | ||||||
12 | criminal convictions and
their disposition of an applicant or | ||||||
13 | prospective employee shall be
guilty of a Class A misdemeanor | ||||||
14 | unless release of such information is
authorized by this | ||||||
15 | Section.
| ||||||
16 | (Source: P.A. 93-418, eff. 1-1-04; revised 10-9-03.)
| ||||||
17 | Section 80. The State Comptroller Act is amended by | ||||||
18 | changing Section 10.05a as follows:
| ||||||
19 | (15 ILCS 405/10.05a) (from Ch. 15, par. 210.05a)
| ||||||
20 | Sec. 10.05a. Deductions from Warrants and Payments for | ||||||
21 | Satisfaction of
Past Due Child Support. At the direction of the | ||||||
22 | Department of Healthcare and Family Services
Public Aid ,
the | ||||||
23 | Comptroller shall deduct from a warrant or other payment | ||||||
24 | described in
Section 10.05 of this Act, in accordance with the |
| |||||||
| |||||||
1 | procedures provided
therein, and pay over to the Department or | ||||||
2 | the State Disbursement Unit
established under Section 10-26 of | ||||||
3 | the Illinois Public Aid Code, at the
direction of the | ||||||
4 | Department, that amount certified as necessary
to satisfy, in | ||||||
5 | whole or in part, past due support owed by a person on
account | ||||||
6 | of support action being taken by the Department under Article X | ||||||
7 | of
the Illinois Public Aid Code, whether or not such support is | ||||||
8 | owed to the
State. Such deduction shall have priority over any | ||||||
9 | garnishment except that
for payment of state or federal taxes. | ||||||
10 | In the case of joint payees, the
Comptroller shall deduct and | ||||||
11 | pay over to the Department or the State
Disbursement Unit, as | ||||||
12 | directed by the Department, the entire amount
certified. The | ||||||
13 | Comptroller shall provide the Department with the address to
| ||||||
14 | which the warrant or other payment was to be mailed and the | ||||||
15 | social security
number of each person from whom a deduction is | ||||||
16 | made pursuant to this Section.
| ||||||
17 | (Source: P.A. 91-212, eff. 7-20-99; 91-712, eff. 7-1-00; | ||||||
18 | revised 12-15-05.)
| ||||||
19 | Section 85. The Deposit of State Moneys Act is amended by | ||||||
20 | changing Section 11 as follows:
| ||||||
21 | (15 ILCS 520/11) (from Ch. 130, par. 30)
| ||||||
22 | Sec. 11. Protection of public deposits; eligible | ||||||
23 | collateral.
| ||||||
24 | (a) For deposits not insured by an agency of the federal |
| |||||||
| |||||||
1 | government,
the State Treasurer, in his or her discretion, may | ||||||
2 | accept as collateral any
of the
following classes of | ||||||
3 | securities, provided there has been no default in the
payment | ||||||
4 | of principal or interest thereon:
| ||||||
5 | (1) Bonds, notes, or other securities constituting | ||||||
6 | direct and general
obligations of the United States, the | ||||||
7 | bonds, notes, or other securities
constituting the direct | ||||||
8 | and general obligation of any agency or
instrumentality of | ||||||
9 | the United States, the interest and principal of which
is | ||||||
10 | unconditionally guaranteed by the United States, and | ||||||
11 | bonds, notes, or
other securities or evidence of | ||||||
12 | indebtedness constituting the obligation of
a U.S. agency | ||||||
13 | or instrumentality.
| ||||||
14 | (2) Direct and general obligation bonds of the State of | ||||||
15 | Illinois or of
any other state of the United States.
| ||||||
16 | (3) Revenue bonds of this State or any authority, | ||||||
17 | board, commission,
or similar agency thereof.
| ||||||
18 | (4) Direct and general obligation bonds of any city, | ||||||
19 | town, county,
school district, or other taxing body of any | ||||||
20 | state, the debt service of
which is payable from general ad | ||||||
21 | valorem taxes.
| ||||||
22 | (5) Revenue bonds of any city, town, county, or school | ||||||
23 | district of the
State of Illinois.
| ||||||
24 | (6) Obligations issued, assumed, or guaranteed by the | ||||||
25 | International
Finance Corporation, the principal of which | ||||||
26 | is not amortized during the
life of the obligation, but no |
| |||||||
| |||||||
1 | such obligation shall be accepted at more
than 90% of its | ||||||
2 | market value.
| ||||||
3 | (7) Illinois Affordable Housing Program Trust Fund | ||||||
4 | Bonds or Notes as
defined in and issued pursuant to the | ||||||
5 | Illinois Housing Development Act.
| ||||||
6 | (8) In an amount equal to at least market value of that | ||||||
7 | amount of funds
deposited exceeding the insurance | ||||||
8 | limitation provided by the Federal Deposit
Insurance | ||||||
9 | Corporation or the National Credit Union Administration or | ||||||
10 | other
approved share insurer: (i) securities, (ii) | ||||||
11 | mortgages, (iii) letters of
credit issued by a Federal Home | ||||||
12 | Loan Bank, or (iv) loans covered by a State
Guarantee
| ||||||
13 | Guaranty under the Illinois Farm Development Act , if that
| ||||||
14 | guarantee has been assumed by the Illinois Finance | ||||||
15 | Authority under Section
845-75 of the Illinois Finance | ||||||
16 | Authority Act, and loans covered by a State
Guarantee under | ||||||
17 | Article 830 of the Illinois Finance Authority Act .
| ||||||
18 | (b) The State Treasurer may establish a system to aggregate | ||||||
19 | permissible
securities received as collateral from financial | ||||||
20 | institutions in a
collateral pool to secure State deposits of | ||||||
21 | the institutions that have
pledged securities to the pool.
| ||||||
22 | (c) The Treasurer may at any time declare any particular | ||||||
23 | security
ineligible to qualify as collateral when, in the | ||||||
24 | Treasurer's judgment, it
is deemed desirable to do so.
| ||||||
25 | (d) Notwithstanding any other provision of this Section, as | ||||||
26 | security the
State Treasurer may, in his discretion, accept a |
| |||||||
| |||||||
1 | bond, executed by a company
authorized to transact the kinds of | ||||||
2 | business described in clause (g) of
Section 4 of the Illinois | ||||||
3 | Insurance Code, in an amount not less than the
amount of the | ||||||
4 | deposits required by this Section to be secured, payable to the
| ||||||
5 | State Treasurer for the benefit of the People of the State of | ||||||
6 | Illinois, in
a form that is acceptable to the State Treasurer.
| ||||||
7 | (Source: P.A. 93-561, eff. 1-1-04; revised 10-17-03.)
| ||||||
8 | Section 90. The Civil Administrative Code of Illinois is | ||||||
9 | amended by changing Sections 1-5, 5-15, 5-20, 5-165, 5-230, and | ||||||
10 | 5-395 as follows:
| ||||||
11 | (20 ILCS 5/1-5)
| ||||||
12 | Sec. 1-5. Articles. The Civil Administrative Code of | ||||||
13 | Illinois consists
of the following Articles:
| ||||||
14 | Article 1. General Provisions (20 ILCS 5/1-1 and | ||||||
15 | following).
| ||||||
16 | Article 5. Departments of State Government Law (20 ILCS | ||||||
17 | 5/5-1 and following).
| ||||||
18 | Article 50. State Budget Law (15 ILCS 20/).
| ||||||
19 | Article 110. Department on Aging Law (20 ILCS 110/).
| ||||||
20 | Article 205. Department of Agriculture Law (20 ILCS 205/).
| ||||||
21 | Article 250. State Fair Grounds Title Law (5 ILCS 620/).
| ||||||
22 | Article 310. Department of Human Services (Alcoholism and | ||||||
23 | Substance Abuse)
Law (20 ILCS 310/).
| ||||||
24 | Article 405. Department of Central Management Services Law |
| |||||||
| |||||||
1 | (20 ILCS 405/).
| ||||||
2 | Article 510. Department of Children and Family Services | ||||||
3 | Powers Law (20 ILCS
510/).
| ||||||
4 | Article 605. Department of Commerce and Economic | ||||||
5 | Opportunity Law (20 ILCS 605/).
| ||||||
6 | Article 805. Department of Natural Resources | ||||||
7 | (Conservation) Law (20 ILCS
805/).
| ||||||
8 | Article 1005. Department of Employment Security Law (20 | ||||||
9 | ILCS 1005/).
| ||||||
10 | Article 1405. Department of Insurance Law (20 ILCS 1405/).
| ||||||
11 | Article 1505. Department of Labor Law (20 ILCS 1505/).
| ||||||
12 | Article 1710. Department of Human Services (Mental Health | ||||||
13 | and Developmental
Disabilities) Law (20 ILCS 1710/).
| ||||||
14 | Article 1905. Department of Natural Resources (Mines and | ||||||
15 | Minerals) Law (20
ILCS
1905/).
| ||||||
16 | Article 2005. Department of Nuclear Safety Law (20 ILCS | ||||||
17 | 2005/).
| ||||||
18 | Article 2105. Department of Professional Regulation Law | ||||||
19 | (20 ILCS 2105/).
| ||||||
20 | Article 2205. Department of Healthcare and Family Services
| ||||||
21 | Public Aid Law (20 ILCS 2205/).
| ||||||
22 | Article 2310. Department of Public Health Powers and Duties | ||||||
23 | Law (20 ILCS
2310/).
| ||||||
24 | Article 2505. Department of Revenue Law (20 ILCS 2505/).
| ||||||
25 | Article 2510. Certified Audit Program Law (20 ILCS 2510/).
| ||||||
26 | Article 2605. Department of State Police Law (20 ILCS |
| |||||||
| |||||||
1 | 2605/).
| ||||||
2 | Article 2705. Department of Transportation Law (20 ILCS | ||||||
3 | 2705/).
| ||||||
4 | Article 3000. University of Illinois Exercise of Functions | ||||||
5 | and Duties Law
(110 ILCS 355/).
| ||||||
6 | (Source: P.A. 92-16, eff. 6-28-01; 92-651, eff.
7-11-02; 93-25, | ||||||
7 | eff. 6-20-03; revised 12-15-05.)
| ||||||
8 | (20 ILCS 5/5-15) (was 20 ILCS 5/3)
| ||||||
9 | Sec. 5-15. Departments of State government. The | ||||||
10 | Departments of
State government are created as follows:
| ||||||
11 | The Department on Aging.
| ||||||
12 | The Department of Agriculture.
| ||||||
13 | The Department of Central Management Services.
| ||||||
14 | The Department of Children and Family Services.
| ||||||
15 | The Department of Commerce and Economic Opportunity.
| ||||||
16 | The Department of Corrections.
| ||||||
17 | The Department of Employment Security.
| ||||||
18 | The Emergency Management Agency.
| ||||||
19 | The Department of Financial Institutions.
| ||||||
20 | The Department of Healthcare and Family Services.
| ||||||
21 | The Department of Human Rights.
| ||||||
22 | The Department of Human Services.
| ||||||
23 | The Department of Insurance.
| ||||||
24 | The Department of Juvenile Justice.
| ||||||
25 | The Department of Labor.
|
| |||||||
| |||||||
1 | The Department of the Lottery.
| ||||||
2 | The Department of Natural Resources.
| ||||||
3 | The Department of Professional Regulation.
| ||||||
4 | The Department of Public Aid.
| ||||||
5 | The Department of Public Health.
| ||||||
6 | The Department of Revenue.
| ||||||
7 | The Department of State Police.
| ||||||
8 | The Department of Transportation.
| ||||||
9 | The Department of Veterans' Affairs.
| ||||||
10 | (Source: P.A. 93-25, eff. 6-20-03; 93-1029, eff. 8-25-04; | ||||||
11 | 94-696, eff. 6-1-06; revised 9-14-06.)
| ||||||
12 | (20 ILCS 5/5-20) (was 20 ILCS 5/4)
| ||||||
13 | Sec. 5-20. Heads of departments. Each department shall have | ||||||
14 | an
officer as its head who shall
be known as director or | ||||||
15 | secretary and who shall, subject to the
provisions of the Civil | ||||||
16 | Administrative Code of Illinois,
execute the powers and | ||||||
17 | discharge the duties
vested by law in his or her respective | ||||||
18 | department.
| ||||||
19 | The following officers are hereby created:
| ||||||
20 | Director of Aging, for the Department on Aging.
| ||||||
21 | Director of Agriculture, for the Department of | ||||||
22 | Agriculture.
| ||||||
23 | Director of Central Management Services, for the | ||||||
24 | Department of Central
Management Services.
| ||||||
25 | Director of Children and Family Services, for the |
| |||||||
| |||||||
1 | Department of Children and
Family Services.
| ||||||
2 | Director of Commerce and Economic Opportunity, for
the | ||||||
3 | Department of Commerce
and Economic Opportunity.
| ||||||
4 | Director of Corrections, for the Department of | ||||||
5 | Corrections.
| ||||||
6 | Director of Emergency Management Agency, for the Emergency | ||||||
7 | Management Agency.
| ||||||
8 | Director of Employment Security, for the Department of | ||||||
9 | Employment Security.
| ||||||
10 | Director of Financial Institutions, for the Department of | ||||||
11 | Financial
Institutions.
| ||||||
12 | Director of Healthcare and Family Services, for the | ||||||
13 | Department of Healthcare and Family Services.
| ||||||
14 | Director of Human Rights, for the Department of Human | ||||||
15 | Rights.
| ||||||
16 | Secretary of Human Services, for the Department of Human | ||||||
17 | Services.
| ||||||
18 | Director of Insurance, for the Department of Insurance.
| ||||||
19 | Director of Juvenile Justice, for the Department of | ||||||
20 | Juvenile Justice.
| ||||||
21 | Director of Labor, for the Department of Labor.
| ||||||
22 | Director of the Lottery, for the Department of the Lottery.
| ||||||
23 | Director of Natural Resources, for the Department of | ||||||
24 | Natural Resources.
| ||||||
25 | Director of Professional Regulation, for the Department of | ||||||
26 | Professional
Regulation.
|
| |||||||
| |||||||
1 | Director of Public Aid, for the Department of Public Aid.
| ||||||
2 | Director of Public Health, for the Department of Public | ||||||
3 | Health.
| ||||||
4 | Director of Revenue, for the Department of Revenue.
| ||||||
5 | Director of State Police, for the Department of State | ||||||
6 | Police.
| ||||||
7 | Secretary of Transportation, for the Department of | ||||||
8 | Transportation.
| ||||||
9 | Director of Veterans' Affairs, for the Department of | ||||||
10 | Veterans' Affairs.
| ||||||
11 | (Source: P.A. 93-25, eff. 6-20-03; 93-1029, eff. 8-25-04; | ||||||
12 | 94-696, eff. 6-1-06; revised 9-14-06.)
| ||||||
13 | (20 ILCS 5/5-165) (was 20 ILCS 5/5.13c)
| ||||||
14 | Sec. 5-165. In
the Department of Healthcare and Family | ||||||
15 | Services
Public Aid .
Assistant Director of Healthcare and | ||||||
16 | Family Services
Public Aid .
| ||||||
17 | (Source: P.A. 91-239, eff. 1-1-00; revised 12-15-05.)
| ||||||
18 | (20 ILCS 5/5-230) (was 20 ILCS 5/7.09)
| ||||||
19 | Sec. 5-230. Director and Assistant Director of Healthcare | ||||||
20 | and Family Services
Public Aid . The
Director of Healthcare and | ||||||
21 | Family Services
Public Aid shall (1) have substantial | ||||||
22 | experience
in responsible positions requiring skill in | ||||||
23 | administration and fiscal
management and (2) be actively | ||||||
24 | interested in the development of
effective programs for the |
| |||||||
| |||||||
1 | alleviation of poverty and the reduction of
dependency and | ||||||
2 | social maladjustment.
| ||||||
3 | The Assistant Director of Healthcare and Family Services
| ||||||
4 | Public Aid shall have the same general
qualifications as those | ||||||
5 | set forth for the Director of Healthcare and Family Services
| ||||||
6 | Public Aid in
clauses (1) and (2) of the preceding paragraph.
| ||||||
7 | (Source: P.A. 91-239, eff. 1-1-00; revised 12-15-05.)
| ||||||
8 | (20 ILCS 5/5-395) (was 20 ILCS 5/9.17)
| ||||||
9 | Sec. 5-395. In the Department of Healthcare and Family | ||||||
10 | Services
Public Aid . The Director of Healthcare and Family | ||||||
11 | Services
Public Aid
shall receive an annual salary as set by | ||||||
12 | the Governor from time to time
or as set by the Compensation | ||||||
13 | Review Board, whichever is greater.
| ||||||
14 | The Assistant Director of Healthcare and Family Services
| ||||||
15 | Public Aid shall receive
an annual salary as set by the | ||||||
16 | Governor from time to time
or as set by the Compensation Review | ||||||
17 | Board, whichever is greater.
| ||||||
18 | (Source: P.A. 91-25, eff. 6-9-99; 91-239, eff. 1-1-00; 92-16, | ||||||
19 | eff.
6-28-01; revised 12-15-05.)
| ||||||
20 | Section 95. The Illinois Welfare and Rehabilitation | ||||||
21 | Services Planning Act is amended by changing Section 4 as | ||||||
22 | follows:
| ||||||
23 | (20 ILCS 10/4) (from Ch. 127, par. 954)
|
| |||||||
| |||||||
1 | Sec. 4. (a) Plans required by Section 3 shall be prepared | ||||||
2 | by and submitted
on behalf of the following State agencies, and | ||||||
3 | may be prepared and submitted
by another State Agency | ||||||
4 | designated by the Governor:
| ||||||
5 | (1) the Department of Children and Family Services;
| ||||||
6 | (2) the Department of Healthcare and Family Services
Public | ||||||
7 | Aid ;
| ||||||
8 | (3) the Department of Corrections;
| ||||||
9 | (4) the Department of Human Services;
| ||||||
10 | (5) (blank);
| ||||||
11 | (6) the Department on
of Aging;
| ||||||
12 | (7) the Department of Public Health;
| ||||||
13 | (8) the Department of Employment Security.
| ||||||
14 | (b) The plans required by Section 3 of this Act shall be | ||||||
15 | co-ordinated
with the plan adopted by the Department of Human | ||||||
16 | Services under Sections 48 through 52 of the Mental Health and
| ||||||
17 | Developmental Disabilities Administrative Act and any plan | ||||||
18 | adopted, re-adopted or
amended by the Department of Human | ||||||
19 | Services under those Sections shall be coordinated with
plans | ||||||
20 | required under Section
3 of this Act.
| ||||||
21 | (Source: P.A. 89-507, eff. 7-1-97; revised 12-15-05.)
| ||||||
22 | Section 100. The Illinois Act on the Aging is amended by | ||||||
23 | changing Sections 4.04a and 4.06 and by setting forth and | ||||||
24 | renumbering multiple versions of Section 4.12 as follows:
|
| |||||||
| |||||||
1 | (20 ILCS 105/4.04a)
| ||||||
2 | Sec. 4.04a. Illinois Long-Term Care Council.
| ||||||
3 | (a) Purpose. The purpose of this Section is to ensure that | ||||||
4 | consumers over
the age of 60
residing in facilities licensed or | ||||||
5 | regulated under the Nursing Home Care Act,
Skilled Nursing and | ||||||
6 | Intermediate Care Facilities Code, Sheltered Care
Facilities | ||||||
7 | Code, and the Illinois Veterans' Homes Code receive high
| ||||||
8 | quality long-term care through an effective
Illinois Long-Term | ||||||
9 | Care Council.
| ||||||
10 | (b) Maintenance and operation of the Illinois Long-Term | ||||||
11 | Care Council.
| ||||||
12 | (1) The Department shall develop a fair and impartial | ||||||
13 | process for
recruiting and
receiving nominations for | ||||||
14 | members for
the Illinois
Long-Term Care Council from the | ||||||
15 | State Long-Term Care Ombudsman, the area
agencies on aging, | ||||||
16 | regional ombudsman
programs, provider agencies, and other | ||||||
17 | public agencies, using a nomination form
provided by the | ||||||
18 | Department.
| ||||||
19 | (2) The Department shall appoint members to the
| ||||||
20 | Illinois Long-Term Care Council in a timely manner.
| ||||||
21 | (3) The Department shall consider and act in good faith | ||||||
22 | regarding
the Illinois Long-Term Care Council's annual | ||||||
23 | report and its recommendations.
| ||||||
24 | (4) The Director shall appoint to
the Illinois | ||||||
25 | Long-Term Care Council at least 18 but not more than 25 | ||||||
26 | members.
|
| |||||||
| |||||||
1 | (c) Responsibilities of the State Long-Term Care | ||||||
2 | Ombudsman, area agencies on
aging, regional long-term care
| ||||||
3 | ombudsman
programs, and provider agencies. The State Long-Term | ||||||
4 | Care Ombudsman and each
area agency on aging, regional | ||||||
5 | long-term
care
ombudsman program, and provider agency shall | ||||||
6 | solicit names and
recommend members to the Department for | ||||||
7 | appointment to the Illinois Long-Term
Care Council.
| ||||||
8 | (d) Powers and duties. The Illinois Long-Term Care Council | ||||||
9 | shall do the
following:
| ||||||
10 | (1) Make recommendations and comment on issues | ||||||
11 | pertaining to long-term
care and the State Long-Term Care | ||||||
12 | Ombudsman Program to the
Department.
| ||||||
13 | (2) Advise the Department on matters pertaining to the | ||||||
14 | quality of life and
quality of care in the continuum of | ||||||
15 | long-term care.
| ||||||
16 | (3) Evaluate, comment on reports regarding, and make | ||||||
17 | recommendations on,
the
quality of life and quality of care | ||||||
18 | in long-term care facilities and on the
duties and
| ||||||
19 | responsibilities of the State Long-Term Care Ombudsman | ||||||
20 | Program.
| ||||||
21 | (4) Prepare and circulate an annual report to the | ||||||
22 | Governor, the General
Assembly,
and other interested | ||||||
23 | parties concerning the duties and accomplishments of the
| ||||||
24 | Illinois Long-Term Care Council and all other related | ||||||
25 | matters pertaining to
long-term care
and the
protection of | ||||||
26 | residents' rights.
|
| |||||||
| |||||||
1 | (5) Provide an opportunity for public input at each | ||||||
2 | scheduled meeting.
| ||||||
3 | (6) Make recommendations to the Director, upon his or | ||||||
4 | her request, as to
individuals who are capable of serving | ||||||
5 | as the State Long-Term Care Ombudsman
and who should make | ||||||
6 | appropriate application for that position should it become
| ||||||
7 | vacant.
| ||||||
8 | (e) Composition and operation. The Illinois Long-Term Care | ||||||
9 | Council shall
be composed of at least 18 but not more than 25 | ||||||
10 | members concerned about the
quality of life in long-term care | ||||||
11 | facilities and protecting the rights of
residents,
including | ||||||
12 | members from long-term care facilities.
The State Long-Term | ||||||
13 | Care Ombudsman shall be a permanent member of the
Long-Term | ||||||
14 | Care Council.
Members
shall be appointed for a 4-year term with | ||||||
15 | initial appointments staggered with
2-year, 3-year, and 4-year | ||||||
16 | terms. A lottery will determine the terms of office
for the
| ||||||
17 | members of the first term. Members may be reappointed to a term | ||||||
18 | but no
member may be reappointed to more than 2 consecutive | ||||||
19 | terms. The Illinois
Long-Term Care Council shall meet a minimum | ||||||
20 | of 3 times per calendar year.
| ||||||
21 | (f) Member requirements. All members shall be individuals | ||||||
22 | who have
demonstrated concern about the quality of life in | ||||||
23 | long-term care facilities. A
minimum of 3 members must be | ||||||
24 | current or former residents of long-term care
facilities or the | ||||||
25 | family member of a current or former resident of a long-term
| ||||||
26 | care
facility. A minimum of 2 members shall represent current |
| |||||||
| |||||||
1 | or former long-term
care
facility resident councils or family | ||||||
2 | councils. A minimum of 4 members shall be
selected from | ||||||
3 | recommendations by organizations whose members consist of
| ||||||
4 | long-term care facilities.
A representative of long-term care
| ||||||
5 | facility employees must also be included as a member.
A minimum | ||||||
6 | of 2 members shall be selected from recommendations of
| ||||||
7 | membership-based senior advocacy groups or consumer | ||||||
8 | organizations that engage
solely in
legal representation on | ||||||
9 | behalf of residents and immediate families.
There shall be
| ||||||
10 | non-voting State agency members on the Long-Term Care Council | ||||||
11 | from the
following agencies: (i) the
Department of Veterans' | ||||||
12 | Affairs; (ii) the Department of Human Services; (iii)
the
| ||||||
13 | Department of Public Health; (iv) the Department on Aging; (v) | ||||||
14 | the Department
of
Healthcare and Family Services
Public Aid ; | ||||||
15 | (vi) the Illinois State Police Medicaid Fraud Control Unit; and
| ||||||
16 | (vii)
others as appropriate.
| ||||||
17 | (Source: P.A. 93-498, eff. 8-11-03; revised 12-15-05.)
| ||||||
18 | (20 ILCS 105/4.06)
| ||||||
19 | Sec. 4.06. Minority Senior Citizen Program. The Department | ||||||
20 | shall develop
a program to identify the special needs and | ||||||
21 | problems of minority senior
citizens and evaluate the adequacy | ||||||
22 | and accessibility of existing programs and
information for | ||||||
23 | minority senior citizens. The Department shall coordinate
| ||||||
24 | services for minority senior citizens through the Department of | ||||||
25 | Public Health,
the Department of Healthcare and Family Services
|
| |||||||
| |||||||
1 | Public Aid , and the Department of Human Services.
| ||||||
2 | The Department shall develop procedures to enhance and | ||||||
3 | identify availability
of services and shall promulgate | ||||||
4 | administrative rules to establish the
responsibilities of the | ||||||
5 | Department.
| ||||||
6 | The Department on Aging, the Department of Public Health, | ||||||
7 | the Department of Healthcare and Family Services
Public Aid , | ||||||
8 | and the Department of Human Services shall
cooperate in the | ||||||
9 | development and submission of an annual report on programs and
| ||||||
10 | services provided under this Section. The joint report shall be | ||||||
11 | filed with the
Governor and the General Assembly on or before | ||||||
12 | September 30 of each year.
| ||||||
13 | (Source: P.A. 88-254; 89-507, eff. 7-1-97; revised 12-15-05.)
| ||||||
14 | (20 ILCS 105/4.12) | ||||||
15 | Sec. 4.12. Assistance to nursing home residents. | ||||||
16 | (a) The Department on Aging shall assist eligible nursing | ||||||
17 | home residents and their families to select long-term care | ||||||
18 | options that meet their needs and reflect their preferences. At | ||||||
19 | any time during the process, the resident or his or her | ||||||
20 | representative may decline further assistance. | ||||||
21 | (b) To provide assistance, the Department shall develop a | ||||||
22 | program of transition services with follow-up in selected areas | ||||||
23 | of the State, to be expanded statewide as funding becomes | ||||||
24 | available. The program shall be developed in consultation with | ||||||
25 | nursing homes, case managers, Area Agencies on Aging, and |
| |||||||
| |||||||
1 | others interested in the well-being of frail elderly Illinois | ||||||
2 | residents. The Department shall establish administrative rules | ||||||
3 | pursuant to the Illinois Administrative Procedure Act with | ||||||
4 | respect to resident eligibility, assessment of the resident's | ||||||
5 | health, cognitive, social, and financial needs, development of | ||||||
6 | comprehensive service transition plans, and the level of | ||||||
7 | services that must be available prior to transition of a | ||||||
8 | resident into the community.
| ||||||
9 | (Source: P.A. 93-902, eff. 8-10-04.) | ||||||
10 | (20 ILCS 105/4.13) | ||||||
11 | Sec. 4.13
4.12 . Older Adult Services Act. The Department | ||||||
12 | shall implement the Older Adult Services Act.
| ||||||
13 | (Source: P.A. 93-1031, eff. 8-27-04; revised 11-03-04.) | ||||||
14 | Section 105. The State Fair Act is amended by changing | ||||||
15 | Section 7 as follows:
| ||||||
16 | (20 ILCS 210/7) (from Ch. 127, par. 1707)
| ||||||
17 | Sec. 7. During the period when each State Fairgrounds is | ||||||
18 | not used for the
annual State Fair, the Department shall make | ||||||
19 | all efforts to promote its
use by the public for purposes that | ||||||
20 | the facilities can accommodate.
The Department may charge and | ||||||
21 | collect for the use of each State
Fairgrounds and its | ||||||
22 | facilities. The Department may negotiate and
enter into | ||||||
23 | contracts for activities and use of facilities. The criteria
|
| |||||||
| |||||||
1 | for such contracts shall be established by rule.
| ||||||
2 | The Department also shall have the authority to arrange, | ||||||
3 | organize, and hold
events on each State Fairgrounds and in any | ||||||
4 | facilities on each State
Fairgrounds for any purpose that the | ||||||
5 | facilities and State Fairgrounds can
accommodate
accomodate . | ||||||
6 | The Department may charge and collect fees associated with the
| ||||||
7 | events.
| ||||||
8 | (Source: P.A. 93-267, eff. 7-22-03; revised 10-11-05.)
| ||||||
9 | Section 110. The Rural Rehabilitation Corporation Act is | ||||||
10 | amended by changing Section 1 as follows:
| ||||||
11 | (20 ILCS 220/1) (from Ch. 127, par. 42a3)
| ||||||
12 | Sec. 1. The Director of Agriculture of the State of | ||||||
13 | Illinois is hereby
designated as the state official of Illinois | ||||||
14 | to make application to and
receive from the Secretary of | ||||||
15 | Agriculture of the United States
Sates or any other
proper | ||||||
16 | federal official, pursuant and subject to the provisions of | ||||||
17 | Public
Law 499, 81st Congress, approved May 3, 1950, the trust | ||||||
18 | assets, either
funds or property, held by the United States as | ||||||
19 | trustee in behalf of the
Illinois Rural Rehabilitation | ||||||
20 | Corporation.
| ||||||
21 | (Source: Laws 1951, p. 25; revised 9-15-06.)
| ||||||
22 | Section 115. The Alcoholism and Other Drug Abuse and | ||||||
23 | Dependency Act is amended by changing Sections 5-10 and 10-45 |
| |||||||
| |||||||
1 | as follows:
| ||||||
2 | (20 ILCS 301/5-10)
| ||||||
3 | Sec. 5-10. Functions of the Department.
| ||||||
4 | (a) In addition to the powers, duties and functions vested | ||||||
5 | in the Department
by this Act, or by other laws of this State, | ||||||
6 | the Department shall carry out the
following activities:
| ||||||
7 | (1) Design, coordinate and fund a comprehensive and | ||||||
8 | coordinated
community-based and culturally and | ||||||
9 | gender-appropriate array of services
throughout the State | ||||||
10 | for the prevention, intervention, treatment and
| ||||||
11 | rehabilitation of alcohol and other drug abuse and | ||||||
12 | dependency that is
accessible and addresses the needs of | ||||||
13 | at-risk or addicted individuals and their
families.
| ||||||
14 | (2) Act as the exclusive State agency to accept, | ||||||
15 | receive and expend,
pursuant to appropriation, any public | ||||||
16 | or private monies, grants or services,
including those | ||||||
17 | received from the federal government or from other State
| ||||||
18 | agencies, for the purpose of providing an array of services | ||||||
19 | for the prevention,
intervention, treatment and | ||||||
20 | rehabilitation of alcoholism or other drug abuse or
| ||||||
21 | dependency. Monies received by the Department shall be | ||||||
22 | deposited into
appropriate funds as may be created by State | ||||||
23 | law or administrative action.
| ||||||
24 | (3) Coordinate a statewide strategy among State | ||||||
25 | agencies for the
prevention, intervention, treatment and |
| |||||||
| |||||||
1 | rehabilitation of alcohol and other
drug abuse and | ||||||
2 | dependency. This strategy shall include the development of | ||||||
3 | an
annual comprehensive State plan for the provision of an | ||||||
4 | array of services for
education, prevention, intervention, | ||||||
5 | treatment, relapse prevention and other
services and | ||||||
6 | activities to alleviate alcoholism and other drug abuse and
| ||||||
7 | dependency. The plan shall be based on local | ||||||
8 | community-based needs and upon
data including, but not | ||||||
9 | limited to, that which defines the prevalence of and
costs | ||||||
10 | associated with the abuse of and dependency upon alcohol | ||||||
11 | and other drugs.
This comprehensive State plan shall | ||||||
12 | include identification of problems, needs,
priorities, | ||||||
13 | services and other pertinent information, including the | ||||||
14 | needs of
minorities and other specific populations in the | ||||||
15 | State, and shall describe how
the identified problems and | ||||||
16 | needs will be addressed. For purposes of this
paragraph, | ||||||
17 | the term "minorities and other specific populations" may | ||||||
18 | include,
but shall not be limited to, groups such as women, | ||||||
19 | children, intravenous drug
users, persons with AIDS or who | ||||||
20 | are HIV infected, African-Americans, Puerto
Ricans, | ||||||
21 | Hispanics, Asian Americans, the elderly, persons in the | ||||||
22 | criminal
justice system, persons who are clients of | ||||||
23 | services provided by other State
agencies, persons with | ||||||
24 | disabilities and such other specific populations as the
| ||||||
25 | Department may from time to time identify. In developing | ||||||
26 | the plan, the
Department shall seek input from providers, |
| |||||||
| |||||||
1 | parent groups, associations and
interested citizens.
| ||||||
2 | Beginning with State fiscal year 1996, the annual | ||||||
3 | comprehensive State plan
developed under this Section | ||||||
4 | shall include an explanation of the rationale to
be used in | ||||||
5 | ensuring that funding shall be based upon local community | ||||||
6 | needs,
including, but not limited to, the incidence and | ||||||
7 | prevalence of, and costs
associated with, the abuse of and | ||||||
8 | dependency upon alcohol and other drugs, as
well as upon | ||||||
9 | demonstrated program performance.
| ||||||
10 | The annual comprehensive State plan developed under | ||||||
11 | this Section shall
contain a report detailing the | ||||||
12 | activities of and progress made by the programs
for the | ||||||
13 | care and treatment of addicted pregnant women, addicted | ||||||
14 | mothers and
their children established under subsection | ||||||
15 | (j) of Section 35-5 of this Act.
| ||||||
16 | Each State agency which provides or funds alcohol or | ||||||
17 | drug prevention,
intervention and treatment services shall | ||||||
18 | annually prepare an agency plan for
providing such | ||||||
19 | services, and these shall be used by the Department in | ||||||
20 | preparing
the annual comprehensive statewide plan. Each | ||||||
21 | agency's annual plan for alcohol
and drug abuse services | ||||||
22 | shall contain a report on the activities and progress
of | ||||||
23 | such services in the prior year. The Department may provide | ||||||
24 | technical
assistance to other State agencies, as required, | ||||||
25 | in the development of their
agency plans.
| ||||||
26 | (4) Lead, foster and develop cooperation, coordination |
| |||||||
| |||||||
1 | and agreements
among federal and State governmental | ||||||
2 | agencies and local providers that provide
assistance, | ||||||
3 | services, funding or other functions, peripheral or | ||||||
4 | direct, in the
prevention, intervention, treatment or | ||||||
5 | rehabilitation of alcoholism and other
drug abuse and | ||||||
6 | dependency. This shall include, but shall not be limited | ||||||
7 | to,
the following:
| ||||||
8 | (A) Cooperate with and assist the Department of | ||||||
9 | Corrections and
the Department on Aging in | ||||||
10 | establishing and conducting programs relating to | ||||||
11 | alcoholism
and other drug abuse and dependency among | ||||||
12 | those populations which they
respectively serve.
| ||||||
13 | (B) Cooperate with and assist the Illinois | ||||||
14 | Department of Public Health
in the establishment, | ||||||
15 | funding and support of programs and services for the
| ||||||
16 | promotion of maternal and child health and the | ||||||
17 | prevention and treatment of
infectious diseases, | ||||||
18 | including but not limited to HIV infection, especially
| ||||||
19 | with respect to those persons who may abuse drugs by | ||||||
20 | intravenous injection, or
may have been sexual | ||||||
21 | partners of drug abusers, or may have abused substances | ||||||
22 | so
that their immune systems are impaired, causing them | ||||||
23 | to be at high risk.
| ||||||
24 | (C) Supply to the Department of Public Health and | ||||||
25 | prenatal care
providers a list of all alcohol and other | ||||||
26 | drug abuse service providers for
addicted pregnant |
| |||||||
| |||||||
1 | women in this State.
| ||||||
2 | (D) Assist in the placement of child abuse or | ||||||
3 | neglect perpetrators
(identified by the Illinois | ||||||
4 | Department of Children and Family Services) who
have | ||||||
5 | been determined to be in need of alcohol or other drug | ||||||
6 | abuse services
pursuant to Section 8.2 of the Abused | ||||||
7 | and Neglected Child Reporting Act.
| ||||||
8 | (E) Cooperate with and assist the Illinois | ||||||
9 | Department of Children and
Family Services in carrying | ||||||
10 | out its mandates to:
| ||||||
11 | (i) identify alcohol and other drug abuse | ||||||
12 | issues among its clients and
their families; and
| ||||||
13 | (ii) develop programs and services to deal | ||||||
14 | with such problems.
| ||||||
15 | These programs and services may include, but shall not | ||||||
16 | be limited to,
programs to prevent the abuse of alcohol | ||||||
17 | or other drugs by DCFS clients and
their families, | ||||||
18 | rehabilitation services, identifying child care needs | ||||||
19 | within
the array of alcohol and other drug abuse | ||||||
20 | services, and assistance with other
issues as | ||||||
21 | required.
| ||||||
22 | (F) Cooperate with and assist the Illinois | ||||||
23 | Criminal Justice Information
Authority with respect to | ||||||
24 | statistical and other information concerning drug
| ||||||
25 | abuse incidence and prevalence.
| ||||||
26 | (G) Cooperate with and assist the State |
| |||||||
| |||||||
1 | Superintendent of Education,
boards of education, | ||||||
2 | schools, police departments, the Illinois Department | ||||||
3 | of
State Police, courts and other public and private | ||||||
4 | agencies and individuals in
establishing prevention | ||||||
5 | programs statewide and preparing curriculum materials
| ||||||
6 | for use at all levels of education. An agreement shall | ||||||
7 | be entered into with the
State Superintendent of | ||||||
8 | Education to assist in the establishment of such
| ||||||
9 | programs.
| ||||||
10 | (H) Cooperate with and assist the Illinois | ||||||
11 | Department of Healthcare and Family Services
Public | ||||||
12 | Aid in
the development and provision of services | ||||||
13 | offered to recipients of public
assistance for the | ||||||
14 | treatment and prevention of alcoholism and other drug | ||||||
15 | abuse
and dependency.
| ||||||
16 | (I) Provide training recommendations to other | ||||||
17 | State agencies funding
alcohol or other drug abuse | ||||||
18 | prevention, intervention, treatment or
rehabilitation | ||||||
19 | services.
| ||||||
20 | (5) From monies appropriated to the Department from the | ||||||
21 | Drunk and Drugged
Driving Prevention Fund, make grants to | ||||||
22 | reimburse DUI evaluation and remedial
education programs | ||||||
23 | licensed by the Department for the costs of providing
| ||||||
24 | indigent persons with free or reduced-cost services | ||||||
25 | relating to a charge of
driving under the influence of | ||||||
26 | alcohol or other drugs.
|
| |||||||
| |||||||
1 | (6) Promulgate regulations to provide appropriate | ||||||
2 | standards for publicly
and privately funded programs as | ||||||
3 | well as for levels of payment to government
funded programs | ||||||
4 | which provide an array of services for prevention,
| ||||||
5 | intervention, treatment and rehabilitation for alcoholism | ||||||
6 | and other drug abuse
or dependency.
| ||||||
7 | (7) In consultation with local service providers, | ||||||
8 | specify a uniform
statistical methodology for use by | ||||||
9 | agencies, organizations, individuals and the
Department | ||||||
10 | for collection and dissemination of statistical | ||||||
11 | information
regarding services related to alcoholism and | ||||||
12 | other drug use and abuse. This
shall include prevention | ||||||
13 | services delivered, the number of persons treated,
| ||||||
14 | frequency of admission and readmission, and duration of | ||||||
15 | treatment.
| ||||||
16 | (8) Receive data and assistance from federal, State and | ||||||
17 | local governmental
agencies, and obtain copies of | ||||||
18 | identification and arrest data from all federal,
State and | ||||||
19 | local law enforcement agencies for use in carrying out the | ||||||
20 | purposes
and functions of the Department.
| ||||||
21 | (9) Designate and license providers to conduct | ||||||
22 | screening, assessment,
referral and tracking of clients | ||||||
23 | identified by the criminal justice system as
having | ||||||
24 | indications of alcoholism or other drug abuse or dependency | ||||||
25 | and being
eligible to make an election for treatment under | ||||||
26 | Section 40-5 of this Act, and
assist in the placement of |
| |||||||
| |||||||
1 | individuals who are under court order to participate
in | ||||||
2 | treatment.
| ||||||
3 | (10) Designate medical examination and other programs | ||||||
4 | for determining
alcoholism and other drug abuse and | ||||||
5 | dependency.
| ||||||
6 | (11) Encourage service providers who receive financial | ||||||
7 | assistance in any
form from the State to assess and collect | ||||||
8 | fees for services rendered.
| ||||||
9 | (12) Make grants with funds appropriated from the Drug | ||||||
10 | Treatment Fund in
accordance with Section 7 of the | ||||||
11 | Controlled Substance and Cannabis Nuisance
Act, or in | ||||||
12 | accordance with Section 80 of the Methamphetamine Control | ||||||
13 | and Community Protection Act, or in accordance with | ||||||
14 | subsections (h) and (i) of Section 411.2 of the
Illinois | ||||||
15 | Controlled Substances Act.
| ||||||
16 | (13) Encourage all health and disability insurance | ||||||
17 | programs to include
alcoholism and other drug abuse and | ||||||
18 | dependency as a covered illness.
| ||||||
19 | (14) Make such agreements, grants-in-aid and | ||||||
20 | purchase-care arrangements
with any other department, | ||||||
21 | authority or commission of this State, or any other
state | ||||||
22 | or the federal government or with any public or private | ||||||
23 | agency, including
the disbursement of funds and furnishing | ||||||
24 | of staff, to effectuate the purposes
of this Act.
| ||||||
25 | (15) Conduct a public information campaign to inform | ||||||
26 | the State's
Hispanic residents regarding the prevention |
| |||||||
| |||||||
1 | and treatment of alcoholism.
| ||||||
2 | (b) In addition to the powers, duties and functions vested | ||||||
3 | in it by this
Act, or by other laws of this State, the | ||||||
4 | Department may undertake, but shall
not be limited to, the | ||||||
5 | following activities:
| ||||||
6 | (1) Require all programs funded by the Department to | ||||||
7 | include an education
component to inform participants | ||||||
8 | regarding the causes and means of transmission
and methods | ||||||
9 | of reducing the risk of acquiring or transmitting HIV | ||||||
10 | infection,
and to include funding for such education | ||||||
11 | component in its support of the
program.
| ||||||
12 | (2) Review all State agency applications for federal | ||||||
13 | funds which include
provisions relating to the prevention, | ||||||
14 | early intervention and treatment of
alcoholism and other | ||||||
15 | drug abuse and dependency in order to ensure consistency
| ||||||
16 | with the comprehensive statewide plan developed pursuant | ||||||
17 | to this Act.
| ||||||
18 | (3) Prepare, publish, evaluate, disseminate and serve | ||||||
19 | as a central
repository for educational materials dealing | ||||||
20 | with the nature and effects of
alcoholism and other drug | ||||||
21 | abuse and dependency. Such materials may deal with
the | ||||||
22 | educational needs of the citizens of Illinois, and may | ||||||
23 | include at least
pamphlets which describe the causes and | ||||||
24 | effects of fetal alcohol syndrome,
which the Department may | ||||||
25 | distribute free of charge to each county clerk in
| ||||||
26 | sufficient quantities that the county clerk may provide a |
| |||||||
| |||||||
1 | pamphlet to the
recipients of all marriage licenses issued | ||||||
2 | in the county.
| ||||||
3 | (4) Develop and coordinate, with regional and local | ||||||
4 | agencies, education
and training programs for persons | ||||||
5 | engaged in providing the array of services
for persons | ||||||
6 | having alcoholism or other drug abuse and dependency | ||||||
7 | problems,
which programs may include specific HIV | ||||||
8 | education and training for program
personnel.
| ||||||
9 | (5) Cooperate with and assist in the development of | ||||||
10 | education, prevention
and treatment programs for employees | ||||||
11 | of State and local governments and
businesses in the State.
| ||||||
12 | (6) Utilize the support and assistance of interested | ||||||
13 | persons in the
community, including recovering addicts and | ||||||
14 | alcoholics, to assist individuals
and communities in | ||||||
15 | understanding the dynamics of addiction, and to encourage
| ||||||
16 | individuals with alcohol or other drug abuse or dependency | ||||||
17 | problems to
voluntarily undergo treatment.
| ||||||
18 | (7) Promote, conduct, assist or sponsor basic | ||||||
19 | clinical, epidemiological
and statistical research into | ||||||
20 | alcoholism and other drug abuse and dependency,
and | ||||||
21 | research into the prevention of those problems either | ||||||
22 | solely or in
conjunction with any public or private agency.
| ||||||
23 | (8) Cooperate with public and private agencies, | ||||||
24 | organizations and
individuals in the development of | ||||||
25 | programs, and to provide technical assistance
and | ||||||
26 | consultation services for this purpose.
|
| |||||||
| |||||||
1 | (9) Publish or provide for the publishing of a manual | ||||||
2 | to assist medical
and social service providers in | ||||||
3 | identifying alcoholism and other drug abuse and
dependency | ||||||
4 | and coordinating the multidisciplinary delivery of | ||||||
5 | services to
addicted pregnant women, addicted mothers and | ||||||
6 | their children. The manual may
be used only to provide | ||||||
7 | information and may not be used by the Department to
| ||||||
8 | establish practice standards. The Department may not | ||||||
9 | require recipients to use
specific providers nor may they | ||||||
10 | require providers to refer recipients to
specific | ||||||
11 | providers. The manual may include, but need not be limited | ||||||
12 | to, the
following:
| ||||||
13 | (A) Information concerning risk assessments of | ||||||
14 | women seeking prenatal,
natal, and postnatal medical | ||||||
15 | care.
| ||||||
16 | (B) Information concerning risk assessments of | ||||||
17 | infants who may be
substance-affected.
| ||||||
18 | (C) Protocols that have been adopted by the | ||||||
19 | Illinois Department of
Children and Family Services | ||||||
20 | for the reporting and investigation of allegations
of | ||||||
21 | child abuse or neglect under the Abused and Neglected | ||||||
22 | Child Reporting Act.
| ||||||
23 | (D) Summary of procedures utilized in juvenile | ||||||
24 | court in cases of
children alleged or found to be | ||||||
25 | abused or neglected as a result of being born
to | ||||||
26 | addicted women.
|
| |||||||
| |||||||
1 | (E) Information concerning referral of addicted | ||||||
2 | pregnant women,
addicted mothers and their children by | ||||||
3 | medical, social service, and substance
abuse treatment | ||||||
4 | providers, by the Departments of Children and Family | ||||||
5 | Services, Public Aid, Public Health, and
Human | ||||||
6 | Services.
| ||||||
7 | (F) Effects of substance abuse on infants and | ||||||
8 | guidelines on the
symptoms, care, and comfort of | ||||||
9 | drug-withdrawing infants.
| ||||||
10 | (G) Responsibilities of the Illinois Department of | ||||||
11 | Public Health to
maintain statistics on the number of | ||||||
12 | children in Illinois addicted at birth.
| ||||||
13 | (10) To the extent permitted by federal law or | ||||||
14 | regulation, establish and
maintain a clearinghouse and | ||||||
15 | central repository for the development and
maintenance of a | ||||||
16 | centralized data collection and dissemination system and a
| ||||||
17 | management information system for all alcoholism and other | ||||||
18 | drug abuse
prevention, early intervention and treatment | ||||||
19 | services.
| ||||||
20 | (11) Fund, promote or assist programs, services, | ||||||
21 | demonstrations or
research dealing with addictive or | ||||||
22 | habituating behaviors detrimental to the
health of | ||||||
23 | Illinois citizens.
| ||||||
24 | (12) With monies appropriated from the Group Home Loan | ||||||
25 | Revolving Fund,
make loans, directly or through | ||||||
26 | subcontract, to assist in underwriting the
costs of housing |
| |||||||
| |||||||
1 | in which individuals recovering from alcohol or other drug
| ||||||
2 | abuse or dependency may reside in groups of not less than 6 | ||||||
3 | persons, pursuant
to Section 50-40 of this Act.
| ||||||
4 | (13) Promulgate such regulations as may be necessary | ||||||
5 | for the
administration of grants or to otherwise carry out | ||||||
6 | the purposes and enforce the
provisions of this Act.
| ||||||
7 | (14) Fund programs to help parents be effective in | ||||||
8 | preventing
substance abuse by building an awareness of | ||||||
9 | drugs and alcohol and the family's
role in preventing abuse | ||||||
10 | through adjusting expectations, developing new skills,
and | ||||||
11 | setting positive family goals. The programs shall include, | ||||||
12 | but not be
limited to, the following subjects: healthy | ||||||
13 | family communication; establishing
rules and limits; how | ||||||
14 | to reduce family conflict; how to build self-esteem,
| ||||||
15 | competency, and responsibility in children; how to improve | ||||||
16 | motivation and
achievement; effective discipline; problem | ||||||
17 | solving techniques; and how to talk
about drugs and | ||||||
18 | alcohol. The programs shall be open to all parents.
| ||||||
19 | (Source: P.A. 94-556, eff. 9-11-05; revised 12-15-05.)
| ||||||
20 | (20 ILCS 301/10-45)
| ||||||
21 | (Section scheduled to be repealed on July 1, 2007)
| ||||||
22 | Sec. 10-45. Membership. The Board shall consist of 15
16
| ||||||
23 | members:
| ||||||
24 | (a) The Director of Aging.
| ||||||
25 | (b) The State Superintendent of Education.
|
| |||||||
| |||||||
1 | (c) The Director of Corrections.
| ||||||
2 | (d) The Director of State Police.
| ||||||
3 | (e) The Secretary of Financial and Professional | ||||||
4 | Regulation
Director of Professional Regulation .
| ||||||
5 | (f) (Blank).
| ||||||
6 | (g) The Director of Children and Family Services.
| ||||||
7 | (h) (Blank).
| ||||||
8 | (i) The Director of Healthcare and Family Services
| ||||||
9 | Public Aid .
| ||||||
10 | (j) The Director of Public Health.
| ||||||
11 | (k) The Secretary of State.
| ||||||
12 | (l) The Secretary of Transportation.
| ||||||
13 | (m) (Blank).
The Director of Insurance.
| ||||||
14 | (n) The Director of the Administrative Office of the
| ||||||
15 | Illinois Courts.
| ||||||
16 | (o) The Chairman of the Board of Higher Education.
| ||||||
17 | (p) The Director of Revenue.
| ||||||
18 | (q) The Executive Director of the Criminal Justice | ||||||
19 | Information Authority.
| ||||||
20 | (r) A chairman who shall be appointed by the Governor | ||||||
21 | for a term of 3
years.
| ||||||
22 | Each member may designate a representative to serve in his or | ||||||
23 | her place
by written notice to the Department.
| ||||||
24 | (Source: P.A. 92-16, eff. 6-28-01. Repealed by P.A. 94-1033, | ||||||
25 | eff. 7-1-07; revised 8-21-06.)
|
| |||||||
| |||||||
1 | Section 120. The Department of Central Management Services | ||||||
2 | Law of the
Civil Administrative Code of Illinois is amended by | ||||||
3 | changing Section 405-270 as follows:
| ||||||
4 | (20 ILCS 405/405-270) (was 20 ILCS 405/67.18)
| ||||||
5 | Sec. 405-270. Communications services. To provide for and
| ||||||
6 | co-ordinate communications services
for State agencies and, | ||||||
7 | when requested and when in the best interests of
the State, for | ||||||
8 | units of federal or local governments and public and
| ||||||
9 | not-for-profit institutions of primary, secondary, and higher | ||||||
10 | education.
The Department may make use of its satellite uplink | ||||||
11 | available to interested
parties not associated with State | ||||||
12 | government provided that State government
usage shall have | ||||||
13 | first priority. For this purpose the Department shall have
the | ||||||
14 | power and duty to do all of the following:
| ||||||
15 | (1) Provide for and control the procurement, | ||||||
16 | retention,
installation,
and maintenance of communications | ||||||
17 | equipment or services used by
State agencies in the | ||||||
18 | interest of efficiency and economy.
| ||||||
19 | (2) Establish standards by January 1, 1989 for | ||||||
20 | communications
services for State agencies which shall | ||||||
21 | include a minimum of one
telecommunication device for the | ||||||
22 | deaf installed and
operational within each State agency, to | ||||||
23 | provide public access to agency
information for those | ||||||
24 | persons who are hearing or speech impaired. The
Department | ||||||
25 | shall consult the Department of Human
Services to develop |
| |||||||
| |||||||
1 | standards and implementation for this
equipment.
| ||||||
2 | (3) Establish charges (i) for communication services | ||||||
3 | for
State
agencies
and, when requested, for units of | ||||||
4 | federal or local government and
public
and not-for-profit | ||||||
5 | institutions of primary, secondary, or higher
education
| ||||||
6 | and (ii) for use of the Department's satellite uplink by | ||||||
7 | parties not
associated
with State government. Entities | ||||||
8 | charged for these services shall
reimburse
the Department.
| ||||||
9 | (4) Instruct all State agencies to report their usage | ||||||
10 | of
communication services regularly to the Department in | ||||||
11 | the
manner
the Director may prescribe.
| ||||||
12 | (5) Analyze the present and future aims and needs of | ||||||
13 | all State
agencies in the area of communications services | ||||||
14 | and plan to serve
those aims and needs in the most | ||||||
15 | effective and efficient
manner.
| ||||||
16 | (6) Provide services, including, but not limited to, | ||||||
17 | telecommunications, video recording, satellite uplink, | ||||||
18 | public information, and other communications services.
| ||||||
19 | (7) Establish the administrative organization
within | ||||||
20 | the Department
that is required to accomplish the purpose | ||||||
21 | of this Section.
| ||||||
22 | The Department is authorized to
conduct a study for the | ||||||
23 | purpose of determining technical, engineering, and
management | ||||||
24 | specifications for the networking, compatible connection, or
| ||||||
25 | shared use of existing and future public and private owned | ||||||
26 | television
broadcast and reception facilities, including but |
| |||||||
| |||||||
1 | not limited to
terrestrial microwave, fiber optic, and | ||||||
2 | satellite, for broadcast and
reception of educational, | ||||||
3 | governmental, and business programs, and to
implement those | ||||||
4 | specifications.
| ||||||
5 | However, the Department may not control or interfere with | ||||||
6 | the input
of content into the telecommunications systems by the | ||||||
7 | several State
agencies or units of federal or local government, | ||||||
8 | or public or
not-for-profit institutions of primary, | ||||||
9 | secondary, and higher education, or
users of the Department's | ||||||
10 | satellite uplink.
| ||||||
11 | As used in this Section, the term "State agencies" means | ||||||
12 | all
departments, officers, commissions, boards, institutions, | ||||||
13 | and bodies
politic and corporate of the State except (i) the | ||||||
14 | judicial branch, including, without limitation, the several | ||||||
15 | courts of the State, the offices of the clerk of the supreme | ||||||
16 | court and the clerks of the appellate court, and the | ||||||
17 | Administrative Office of the Illinois Courts and (ii) the | ||||||
18 | General Assembly,
legislative service agencies, and all | ||||||
19 | officers of the General Assembly.
| ||||||
20 | (Source: P.A. 94-91, eff. 7-1-05; 94-295, eff. 7-21-05; revised | ||||||
21 | 8-19-05.)
| ||||||
22 | Section 125. The Personnel Code is amended by changing | ||||||
23 | Sections 8a, 8b.1, and 10 as follows:
| ||||||
24 | (20 ILCS 415/8a) (from Ch. 127, par. 63b108a)
|
| |||||||
| |||||||
1 | Sec. 8a. Jurisdiction A - Classification and pay. For | ||||||
2 | positions in
the State service subject to the jurisdiction of | ||||||
3 | the Department of
Central Management Services with respect to | ||||||
4 | the classification
and pay:
| ||||||
5 | (1) For the preparation, maintenance, and revision by | ||||||
6 | the Director,
subject to approval by the Commission, of a | ||||||
7 | position classification plan
for all positions subject to | ||||||
8 | this Act, based upon similarity of duties
performed, | ||||||
9 | responsibilities assigned, and conditions of employment so
| ||||||
10 | that the same schedule of pay may be equitably applied to | ||||||
11 | all positions
in the same class. However, the pay of an | ||||||
12 | employee whose position is
reduced in rank or grade by | ||||||
13 | reallocation because of a loss of duties or
| ||||||
14 | responsibilities after his appointment to such position | ||||||
15 | shall not be
required to be lowered for a period of one | ||||||
16 | year after the reallocation
of his position. Conditions of | ||||||
17 | employment shall not be used as a factor
in the | ||||||
18 | classification of any position heretofore paid under the
| ||||||
19 | provisions of Section 1.22 of "An Act to standardize | ||||||
20 | position titles and
salary rates", approved June 30, 1943, | ||||||
21 | as amended. Unless the Commission
disapproves such | ||||||
22 | classification plan within 60 days, or any revision
thereof | ||||||
23 | within 30 days, the Director shall allocate every such | ||||||
24 | position
to one of the classes in the plan. Any employee | ||||||
25 | affected by the
allocation of a position to a class shall, | ||||||
26 | after filing with the
Director of Central Management |
| |||||||
| |||||||
1 | Services a written request
for reconsideration thereof in
| ||||||
2 | such manner and form as the Director may prescribe, be | ||||||
3 | given a
reasonable opportunity to be heard by the Director. | ||||||
4 | If the employee does
not accept the allocation of the | ||||||
5 | position, he shall then have the right
of appeal to the | ||||||
6 | Civil Service Commission.
| ||||||
7 | (2) For a pay plan to be prepared by the Director for | ||||||
8 | all employees
subject to this Act after consultation with | ||||||
9 | operating agency heads
and the Director of the
Governor's | ||||||
10 | Office of Management and Budget. Such pay plan
may include | ||||||
11 | provisions for uniformity of starting pay, an increment
| ||||||
12 | plan, area differentials, a delay not to exceed one year | ||||||
13 | prior to the
reduction of the pay of employees whose | ||||||
14 | positions are reduced in rank or
grade by reallocation | ||||||
15 | because of a loss of duties or responsibilities
after their | ||||||
16 | appointments to such positions, prevailing rates of wages | ||||||
17 | in
those classifications in which employers are now paying | ||||||
18 | or may hereafter
pay such rates of wage and other | ||||||
19 | provisions. Such pay plan shall become
effective only after | ||||||
20 | it has been approved by the Governor. Amendments to
the pay | ||||||
21 | plan shall be made in the same manner. Such pay plan shall
| ||||||
22 | provide that each employee shall be paid at one of the | ||||||
23 | rates set forth
in the pay plan for the class of position | ||||||
24 | in which he is employed,
subject to delay in the reduction | ||||||
25 | of pay of employees whose positions
are reduced in rank or | ||||||
26 | grade by allocation as above set forth in this
Section. |
| |||||||
| |||||||
1 | Such pay plan shall provide for a fair and reasonable
| ||||||
2 | compensation for services rendered.
| ||||||
3 | This Section is inapplicable to the position of Assistant | ||||||
4 | Director of
Healthcare and Family Services
Public Aid in the | ||||||
5 | Department of Healthcare and Family Services
Public Aid . The | ||||||
6 | salary for this position
shall be as established in "The Civil | ||||||
7 | Administrative Code of Illinois",
approved March 7, 1917, as | ||||||
8 | amended.
| ||||||
9 | (Source: P.A. 94-793, eff. 5-19-06; revised 8-21-06.)
| ||||||
10 | (20 ILCS 415/8b.1) (from Ch. 127, par. 63b108b.1)
| ||||||
11 | Sec. 8b.1. For open competitive
examinations to test the | ||||||
12 | relative fitness of
applicants for the respective positions.
| ||||||
13 | Tests shall be designed to eliminate those who are not | ||||||
14 | qualified for
entrance into or promotion within the service, | ||||||
15 | and to discover the relative
fitness of those who are | ||||||
16 | qualified. The Director may use any one of or any
combination | ||||||
17 | of the following examination methods which in his judgment best
| ||||||
18 | serves this end: investigation of education; investigation of | ||||||
19 | experience;
test of cultural knowledge; test of capacity; test | ||||||
20 | of knowledge; test of
manual skill; test of linguistic ability; | ||||||
21 | test of character; test of
physical fitness; test of | ||||||
22 | psychological fitness. No person with a record of
misdemeanor | ||||||
23 | convictions except those under Sections 11-6, 11-7, 11-9,
| ||||||
24 | 11-14, 11-15, 11-17, 11-18, 11-19, 12-2, 12-6, 12-15, 14-4, | ||||||
25 | 16-1, 21.1-3, 24-3.1,
24-5, 25-1, 28-3, 31-1, 31-4, 31-6, 31-7, |
| |||||||
| |||||||
1 | 32-1, 32-2, 32-3, 32-4, 32-8 and
sub-sections 1, 6 and 8 of | ||||||
2 | Section 24-1 of the Criminal Code of 1961 or
arrested for any | ||||||
3 | cause but not convicted thereon shall be disqualified from
| ||||||
4 | taking such examinations or subsequent appointment, unless the | ||||||
5 | person is
attempting to qualify for a position which would give | ||||||
6 | him the powers of a
peace officer, in which case the person's | ||||||
7 | conviction or arrest record may
be considered as a factor in | ||||||
8 | determining the person's fitness for the
position. The | ||||||
9 | eligibility conditions specified for the position of
Assistant | ||||||
10 | Director of Healthcare and Family Services
Public Aid in the | ||||||
11 | Department of Healthcare and Family Services
Public Aid in | ||||||
12 | Section
5-230 of the Departments of State Government Law (20 | ||||||
13 | ILCS
5/5-230) shall be applied to that position in addition to | ||||||
14 | other
standards, tests or criteria established by the Director. | ||||||
15 | All examinations
shall be announced publicly at least 2 weeks | ||||||
16 | in advance of the date of the
examinations and may be | ||||||
17 | advertised through the press, radio and other
media. The | ||||||
18 | Director may, however, in his discretion, continue to receive
| ||||||
19 | applications and examine candidates long enough to assure a | ||||||
20 | sufficient
number of eligibles to meet the needs of the service | ||||||
21 | and may add the names
of successful candidates to existing | ||||||
22 | eligible lists in accordance with
their respective ratings.
| ||||||
23 | The Director may, in his discretion, accept the results of | ||||||
24 | competitive
examinations conducted by any merit system | ||||||
25 | established by federal law or by
the law of any State, and may | ||||||
26 | compile eligible lists therefrom or may add
the names of |
| |||||||
| |||||||
1 | successful candidates in examinations conducted by those merit
| ||||||
2 | systems to existing eligible lists in accordance with their | ||||||
3 | respective
ratings. No person who is a non-resident of the | ||||||
4 | State of Illinois may be
appointed from those eligible lists, | ||||||
5 | however, unless the requirement that
applicants be residents of | ||||||
6 | the State of Illinois is waived by the Director
of Central | ||||||
7 | Management Services and unless there are less than 3 Illinois
| ||||||
8 | residents available
for appointment from the appropriate | ||||||
9 | eligible list. The results of the
examinations conducted by | ||||||
10 | other merit systems may not be used unless they
are comparable | ||||||
11 | in difficulty and comprehensiveness to examinations
conducted | ||||||
12 | by the Department of Central Management Services
for similar | ||||||
13 | positions. Special
linguistic options may also be established | ||||||
14 | where deemed appropriate.
| ||||||
15 | (Source: P.A. 91-239, eff. 1-1-00; revised 12-15-05.)
| ||||||
16 | (20 ILCS 415/10) (from Ch. 127, par. 63b110)
| ||||||
17 | Sec. 10. Duties and powers of the Commission. The Civil | ||||||
18 | Service Commission shall have duties and powers as follows:
| ||||||
19 | (1) Upon written recommendations by the Director of the | ||||||
20 | Department
of Central Management Services to exempt from | ||||||
21 | jurisdiction B of this Act
positions which, in the judgment of | ||||||
22 | the Commission, involve either
principal administrative | ||||||
23 | responsibility for the determination of policy or
principal | ||||||
24 | administrative responsibility for the way in which policies are
| ||||||
25 | carried out. This authority may not be exercised, however, with |
| |||||||
| |||||||
1 | respect to
the position of Assistant Director of Healthcare and | ||||||
2 | Family Services
Public Aid in the Department of Healthcare and | ||||||
3 | Family Services
Public
Aid .
| ||||||
4 | (2) To require such special reports from the Director as it | ||||||
5 | may
consider desirable.
| ||||||
6 | (3) To disapprove original rules or any part thereof within | ||||||
7 | 90 days
and any amendment thereof within 30 days after the | ||||||
8 | submission of such
rules to the Civil Service Commission by the | ||||||
9 | Director, and to disapprove
any amendments thereto in the same | ||||||
10 | manner.
| ||||||
11 | (4) To approve or disapprove within 60 days from date of | ||||||
12 | submission
the position classification P.A. submitted by the | ||||||
13 | Director as provided
in the rules, and any revisions thereof | ||||||
14 | within 30 days from the date of
submission.
| ||||||
15 | (5) To hear appeals of employees who do not accept the | ||||||
16 | allocation of
their positions under the position | ||||||
17 | classification plan.
| ||||||
18 | (6) To hear and determine written charges filed seeking the
| ||||||
19 | discharge, demotion of employees and suspension totaling more | ||||||
20 | than
thirty days in any 12-month period, as provided in Section | ||||||
21 | 11 hereof,
and appeals from transfers from one geographical | ||||||
22 | area in the State to
another, and in connection therewith to | ||||||
23 | administer oaths, subpoena
witnesses, and compel the | ||||||
24 | production of books and papers.
| ||||||
25 | (7) The fees of subpoenaed witnesses under this Act for | ||||||
26 | attendance and
travel shall be the same as fees of witnesses |
| |||||||
| |||||||
1 | before the circuit courts
of the State, such fees to be paid | ||||||
2 | when the witness is excused from further
attendance. Whenever a | ||||||
3 | subpoena is issued the Commission may require that
the cost of | ||||||
4 | service and the fee of the witness shall be borne by the party
| ||||||
5 | at whose insistence the witness is summoned. The Commission has | ||||||
6 | the power,
at its discretion, to require a deposit from such | ||||||
7 | party to cover the cost
of service and witness fees and the | ||||||
8 | payment of the legal witness fee and
mileage to the witness | ||||||
9 | served with the subpoena. A subpoena issued under
this Act | ||||||
10 | shall be served in the same manner as a subpoena issued out of | ||||||
11 | a court.
| ||||||
12 | Upon the failure or refusal to obey a subpoena, a petition | ||||||
13 | shall be prepared
by the party serving the subpoena for | ||||||
14 | enforcement in the circuit court of
the county in which the | ||||||
15 | person to whom the subpoena was directed either
resides or has | ||||||
16 | his or her principal place of business.
| ||||||
17 | Not less than five days before the petition is filed in the | ||||||
18 | appropriate
court, it shall be served on the person along with | ||||||
19 | a notice of the time and
place the petition is to be presented.
| ||||||
20 | Following a hearing on the petition, the circuit court | ||||||
21 | shall have
jurisdiction to enforce subpoenas issued pursuant to | ||||||
22 | this Section.
| ||||||
23 | On motion and for good cause shown the Commission may quash | ||||||
24 | or modify
any subpoena.
| ||||||
25 | (8) To make an annual report regarding the work of the | ||||||
26 | Commission to
the Governor, such report to be a public report.
|
| |||||||
| |||||||
1 | (9) If any violation of this Act is found, the Commission | ||||||
2 | shall
direct compliance in writing.
| ||||||
3 | (10) To appoint a full-time executive secretary and such | ||||||
4 | other
employees, experts, and special assistants as may be | ||||||
5 | necessary to carry
out the powers and duties of the Commission | ||||||
6 | under this Act and
employees, experts, and special assistants | ||||||
7 | so appointed by the
Commission shall be subject to the | ||||||
8 | provisions of jurisdictions A, B and
C of this Act. These | ||||||
9 | powers and duties supersede any contrary provisions
herein | ||||||
10 | contained.
| ||||||
11 | (11) To make rules to carry out and implement their powers | ||||||
12 | and
duties under this Act, with authority to amend such rules | ||||||
13 | from time to
time.
| ||||||
14 | (12) To hear or conduct investigations as it deems | ||||||
15 | necessary of appeals
of layoff filed by employees appointed | ||||||
16 | under Jurisdiction B after examination
provided that such | ||||||
17 | appeals are filed within 15 calendar days following the
| ||||||
18 | effective date of such layoff and are made on the basis that | ||||||
19 | the provisions
of the Personnel Code or of the Rules of the | ||||||
20 | Department of Central Management
Services relating to layoff | ||||||
21 | have been violated or have not
been complied with.
| ||||||
22 | All hearings shall be public. A decision shall be rendered | ||||||
23 | within 60 days
after receipt of the transcript of the | ||||||
24 | proceedings. The Commission shall
order the reinstatement of | ||||||
25 | the employee if it is proven that the provisions
of the | ||||||
26 | Personnel Code or of the Rules of the Department of Central |
| |||||||
| |||||||
1 | Management
Services relating to layoff have been violated or | ||||||
2 | have not been
complied with. In connection therewith the | ||||||
3 | Commission may administer oaths,
subpoena witnesses, and | ||||||
4 | compel the production of books and papers.
| ||||||
5 | (13) Whenever the Civil Service Commission is
authorized or | ||||||
6 | required by law to consider some aspect of criminal history
| ||||||
7 | record information for the purpose of carrying out its | ||||||
8 | statutory powers and
responsibilities, then, upon request and | ||||||
9 | payment of fees in conformance
with the requirements of Section | ||||||
10 | 2605-400 of the Department of State Police Law (20 ILCS | ||||||
11 | 2605/2605-400), the Department of State Police is
authorized to | ||||||
12 | furnish, pursuant to positive identification, such
information | ||||||
13 | contained in State files as is necessary to fulfill the | ||||||
14 | request.
| ||||||
15 | (Source: P.A. 91-239, eff. 1-1-00; revised 12-15-05.)
| ||||||
16 | Section 130. The Children and Family Services Act is | ||||||
17 | amended by changing Sections 9.1, 23, and 35.3 as follows:
| ||||||
18 | (20 ILCS 505/9.1) (from Ch. 23, par. 5009.1)
| ||||||
19 | Sec. 9.1. The parents or guardians of the estates of | ||||||
20 | children accepted
for care and training under the Juvenile | ||||||
21 | Court Act or the Juvenile Court
Act of 1987, or through a | ||||||
22 | voluntary placement agreement with the parents
or guardians | ||||||
23 | shall be liable for the payment to the Department, or to a
| ||||||
24 | licensed or approved child care facility designated by the |
| |||||||
| |||||||
1 | Department of
sums representing charges for the care and | ||||||
2 | training of those children at a
rate to be determined by the | ||||||
3 | Department. The Department shall establish a
standard by which | ||||||
4 | shall be measured the ability of parents or guardians to
pay | ||||||
5 | for the care and training of their children, and shall | ||||||
6 | implement the
standard by rules governing its application. The | ||||||
7 | standard and the rules
shall take into account ability to pay | ||||||
8 | as measured by annual income and
family size. Medical or other | ||||||
9 | treatment provided on behalf of the family
may also be taken | ||||||
10 | into account in determining ability to pay if the
Department | ||||||
11 | concludes that such treatment is appropriate.
| ||||||
12 | In addition, the Department may provide by rule for | ||||||
13 | referral of Title
IV-E foster care maintenance cases to the | ||||||
14 | Department of Healthcare and Family Services
Public Aid for
| ||||||
15 | child support enforcement services under Title IV-D of the | ||||||
16 | Social Security
Act. The
Department shall consider "good cause" | ||||||
17 | as defined in regulations
promulgated under Title IV-A of the | ||||||
18 | Social Security Act, among other
criteria, when determining | ||||||
19 | whether to refer a case and, upon
referral, the parent or | ||||||
20 | guardian of the estate of a child who is
receiving Title IV-E | ||||||
21 | foster care maintenance payments shall be deemed to
have made | ||||||
22 | an assignment to the Department of any and all rights, title | ||||||
23 | and
interest in any support obligation on behalf of a child. | ||||||
24 | The rights to
support assigned to the Department shall | ||||||
25 | constitute an obligation owed the
State by the person who is | ||||||
26 | responsible for providing the support, and shall
be collectible |
| |||||||
| |||||||
1 | under all applicable processes.
| ||||||
2 | The acceptance of children for services or care shall not | ||||||
3 | be limited
or conditioned in any manner on the financial status | ||||||
4 | or ability of parents
or guardians to make such payments.
| ||||||
5 | (Source: P.A. 92-590, eff. 7-1-02; revised 12-15-05.)
| ||||||
6 | (20 ILCS 505/23) (from Ch. 23, par. 5023)
| ||||||
7 | Sec. 23. To make agreements with any other department, | ||||||
8 | authority or
commission of this State, any State university or | ||||||
9 | public or private agency,
to make and receive payment for | ||||||
10 | services provided to or by such bodies, and
with written | ||||||
11 | approval by the Governor to make agreements with other states.
| ||||||
12 | The Department may enter into agreements with any public
or | ||||||
13 | private agency determined appropriate and qualified by the | ||||||
14 | Department
that will participate in the cost and operation of
| ||||||
15 | programs, in at least 4 different communities, that provide a | ||||||
16 | comprehensive
array of child and family services, including but | ||||||
17 | not limited to prenatal
care to pregnant women, parenting | ||||||
18 | education, and early
childhood education
services, nutrition | ||||||
19 | services, and basic health services to children of
preschool | ||||||
20 | age and their parents who
reside in service areas of the State | ||||||
21 | identified by the Illinois Department
of Public Health as | ||||||
22 | having the highest rates of infant mortality under the
Infant | ||||||
23 | Mortality Reduction Act (now repealed) . The Department may | ||||||
24 | assume primary or full
financial and administrative | ||||||
25 | responsibility for any such program that has
demonstrated |
| |||||||
| |||||||
1 | effectiveness.
| ||||||
2 | (Source: P.A. 85-502; revised 11-21-05.)
| ||||||
3 | (20 ILCS 505/35.3)
| ||||||
4 | Sec. 35.3 .
Confidentiality of foster parent identifying | ||||||
5 | information.
| ||||||
6 | (a) Because foster parents accept
placements into their | ||||||
7 | residences, it is the
policy of the State of Illinois to | ||||||
8 | protect foster parents' addresses and
telephone numbers from | ||||||
9 | disclosure. The Department shall adopt rules to
effectuate this | ||||||
10 | policy and provide sufficient prior notice of any authorized
| ||||||
11 | disclosure for foster parents to seek an order of protection | ||||||
12 | under Section 2-25
of the Juvenile Court Act of 1987.
| ||||||
13 | (b) A person to whom disclosure of a foster parent's name, | ||||||
14 | address, or
telephone number is made under this Section shall | ||||||
15 | not redisclose that
information except as provided in this Act | ||||||
16 | or the Juvenile Court Act of 1987.
Any person who knowingly and | ||||||
17 | willfully rediscloses a foster parent's name,
address, or | ||||||
18 | telephone number in violation of this Section is guilty of a | ||||||
19 | Class
A misdemeanor.
| ||||||
20 | (c) The Department shall provide written notice of the | ||||||
21 | provisions of
subsection (b), including the penalty for a Class | ||||||
22 | A misdemeanor, to anyone to
whom the Department discloses a | ||||||
23 | foster parent's name, address, or telephone
number.
| ||||||
24 | (Source: P.A. 90-15, eff. 6-13-97; 90-629, eff. 7-24-98; | ||||||
25 | revised 9-25-06.)
|
| |||||||
| |||||||
1 | Section 135. The Department of Commerce and Economic | ||||||
2 | Opportunity Law of the
Civil Administrative Code of Illinois is | ||||||
3 | amended by setting forth and renumbering multiple versions of | ||||||
4 | Section 605-430 as follows:
| ||||||
5 | (20 ILCS 605/605-430)
| ||||||
6 | Sec. 605-430. Funding; study. To ensure the availability of | ||||||
7 | a quality health care workforce to meet present and future | ||||||
8 | health care needs within the State, the Department of Commerce | ||||||
9 | and Economic Opportunity may, subject to appropriation, | ||||||
10 | conduct a study of the current and projected academic training | ||||||
11 | capacity in the State of Illinois specific to the nursing | ||||||
12 | profession. The study shall address the current supply and | ||||||
13 | demand for masters-prepared nurses as nursing school faculty | ||||||
14 | and set specific goals for recruiting and training new nursing | ||||||
15 | faculty throughout the region. The study shall also determine | ||||||
16 | the feasibility of the State engaging in the following | ||||||
17 | activities: (i) the establishment of scholarship funds and | ||||||
18 | work-study programs to help recruit potential new nursing | ||||||
19 | school faculty, (ii) the creation of a system to regularly | ||||||
20 | review and increase nurse faculty salary and benefits to make | ||||||
21 | academic practice competitive with clinical practice, and | ||||||
22 | (iii) the development of career track programs for academia | ||||||
23 | that offer advancement and rewards for nursing school faculty | ||||||
24 | comparable to those in clinical management. The study shall |
| |||||||
| |||||||
1 | include the collaborative input of hospital and other health | ||||||
2 | care provider associations and public and private educational | ||||||
3 | institutions from throughout the State. | ||||||
4 | Subject to the availability of State funds, the Department | ||||||
5 | of Commerce and Economic Opportunity shall complete the study | ||||||
6 | by July 1, 2007 and shall present its findings to the General | ||||||
7 | Assembly for consideration.
| ||||||
8 | (Source: P.A. 94-970, eff. 6-30-06.)
| ||||||
9 | (20 ILCS 605/605-435)
| ||||||
10 | Sec. 605-435
605-430 . Lifelong learning accounts; pilot | ||||||
11 | program.
| ||||||
12 | (a) The Department may establish and maintain a pilot | ||||||
13 | program to provide for and test the use of lifelong learning | ||||||
14 | accounts for workers in the State's healthcare sector. For the | ||||||
15 | purposes of this Section, "lifelong learning account" means an | ||||||
16 | individual asset account held by a trustee, custodian, or | ||||||
17 | fiduciary approved by the Department on behalf of a healthcare | ||||||
18 | employee, the moneys in which may be used only to pay education | ||||||
19 | expenses incurred by or on behalf of the account owner. | ||||||
20 | (b) The Department, if administering a program under this | ||||||
21 | Section: | ||||||
22 | (1) may serve up to 500 healthcare workers; | ||||||
23 | (2) must encourage the participation, in the program, | ||||||
24 | of lower-income and lower-skilled healthcare workers; | ||||||
25 | (3) must implement the program in diverse geographic |
| |||||||
| |||||||
1 | and economic areas and include healthcare workers in urban, | ||||||
2 | suburban, and rural areas of the State; | ||||||
3 | (4) must include, in the program, healthcare employers | ||||||
4 | of different sizes that choose to participate in the | ||||||
5 | program; | ||||||
6 | (5) must provide matching grants in an amount, not to | ||||||
7 | exceed $500 annually for each grant, equal to 50% of the | ||||||
8 | annual aggregate contribution made by an employer and | ||||||
9 | employee to the employee's lifelong learning account; | ||||||
10 | (6) must make technical assistance available to | ||||||
11 | companies and educational and career advising available to | ||||||
12 | individual participants. | ||||||
13 | (c) The establishment of program under this Section is | ||||||
14 | discretionary on the part of the Department and is subject to | ||||||
15 | appropriation. | ||||||
16 | (d) The Department may adopt any rules necessary to | ||||||
17 | administer the provisions of this Section. | ||||||
18 | (Source: P.A. 94-1006, eff. 7-3-06; revised 8-29-06.)
| ||||||
19 | Section 140. The Illinois Renewable Fuels Development | ||||||
20 | Program Act is amended by renumbering Section 905 as follows:
| ||||||
21 | (20 ILCS 689/95) (was 20 ILCS 689/905)
| ||||||
22 | Sec. 95.
905.
(Amendatory provisions; text omitted). | ||||||
23 | (Source: P.A. 93-15, eff. 6-11-03; text omitted; revised | ||||||
24 | 8-1-03.)
|
| |||||||
| |||||||
1 | Section 145. The Rural Diversification Act is amended by | ||||||
2 | changing Section 2 as follows:
| ||||||
3 | (20 ILCS 690/2) (from Ch. 5, par. 2252)
| ||||||
4 | Sec. 2. Findings and declaration of policy. The General | ||||||
5 | Assembly
hereby finds, determines and declares:
| ||||||
6 | (a) That Illinois is a state of diversified economic | ||||||
7 | strength and that
an important economic strength in Illinois is | ||||||
8 | derived from rural business
production and the agribusiness | ||||||
9 | industry;
| ||||||
10 | (b) That the Illinois rural economy is in a state of | ||||||
11 | transition, which
presents a unique opportunity for the State | ||||||
12 | to act on its growth and
development;
| ||||||
13 | (c) That full and continued growth and development of | ||||||
14 | Illinois' rural
economy, especially in the small towns and farm | ||||||
15 | communities, is vital
for Illinois;
| ||||||
16 | (d) That by encouraging the development of diversified | ||||||
17 | rural business
and agricultural
production, nonproduction and | ||||||
18 | processing activities in Illinois, the State
creates a | ||||||
19 | beneficial climate for new and improved job opportunities for | ||||||
20 | its
citizens and expands jobs and job training opportunities;
| ||||||
21 | (e) That in order to cultivate strong rural economic growth | ||||||
22 | and
development in Illinois, it is necessary to proceed with a | ||||||
23 | plan which
encourages Illinois rural businesses and | ||||||
24 | agribusinesses to expand
business employment opportunities |
| |||||||
| |||||||
1 | through diversification of business and
industries, offers | ||||||
2 | managerial, technical and financial assistance to or on
behalf | ||||||
3 | of rural businesses and agribusiness, and works in a | ||||||
4 | cooperative
venture and spirit with Illinois' business, labor, | ||||||
5 | local government,
educational and scientific communities;
| ||||||
6 | (f) That dedication of State resources over a multi-year | ||||||
7 | period
targeted to promoting the growth and development of one | ||||||
8 | or more classes of
diversified rural products, particularly new | ||||||
9 | agricultural products, is an
effective use of State funds;
| ||||||
10 | (g) That the United States Congress, having identified | ||||||
11 | similar needs and
purposes has enacted legislation creating the | ||||||
12 | United States Department of
Agriculture/Farmers Home | ||||||
13 | Administration Non-profit National Finance
Corporations Loan | ||||||
14 | and Grant Program and made funding available to the states
| ||||||
15 | consistent with the purposes of this Act.
| ||||||
16 | (h) That the Illinois General Assembly has enacted "Rural | ||||||
17 | Revival" and a
series of "Harvest the Heartland" initiatives | ||||||
18 | which create within the
Illinois Finance Authority a "Seed | ||||||
19 | Capital Fund"
to provide
venture capital for emerging new | ||||||
20 | agribusinesses, and to
help coordinate cooperative research | ||||||
21 | and development on new agriculture
technologies in conjunction | ||||||
22 | with the Agricultural Research and Development
Consortium in | ||||||
23 | Peoria, the United States
State Department of Agriculture | ||||||
24 | Northern
Regional Research Laboratory in Peoria, the | ||||||
25 | institutions of higher learning
in Illinois, and the | ||||||
26 | agribusiness community of this State, identify the
need for |
| |||||||
| |||||||
1 | enhanced efforts by the State to promote the use of fuels
| ||||||
2 | utilizing ethanol made from Illinois grain, and promote | ||||||
3 | forestry
development in this State; and
| ||||||
4 | (i) That there is a need to coordinate the many programs | ||||||
5 | offered by the
State of Illinois Departments of Agriculture, | ||||||
6 | Commerce and Economic Opportunity
Community
Affairs , and | ||||||
7 | Natural Resources, and the Illinois Finance Authority that
are | ||||||
8 | targeted to agriculture and the rural community with those | ||||||
9 | offered by
the federal government. Therefore it is desirable | ||||||
10 | that the fullest measure
of coordination and integration of the | ||||||
11 | programs offered by the various
state agencies and the federal | ||||||
12 | government be achieved.
| ||||||
13 | (Source: P.A. 93-205, eff. 1-1-04; revised 10-11-05.)
| ||||||
14 | Section 150. The Department of Natural Resources Act is | ||||||
15 | amended by setting forth and renumbering multiple versions of | ||||||
16 | Section 1-30 as follows:
| ||||||
17 | (20 ILCS 801/1-30)
| ||||||
18 | Sec. 1-30. Badges. The Director must authorize to each | ||||||
19 | Conservation Police
Officer
and to any other employee of the | ||||||
20 | Department exercising the powers of a peace
officer a
distinct | ||||||
21 | badge that, on its face, (i) clearly states that the badge is
| ||||||
22 | authorized by the
Department and (ii)
contains a unique | ||||||
23 | identifying number.
No other badge shall be authorized by
the | ||||||
24 | Department.
Nothing in this Section prohibits the Director from |
| |||||||
| |||||||
1 | issuing shields or other
distinctive
identification to | ||||||
2 | employees not exercising the powers of a peace officer if the
| ||||||
3 | Director determines
that a shield or distinctive | ||||||
4 | identification is needed by the employee to carry
out his or | ||||||
5 | her
responsibilities.
| ||||||
6 | (Source: P.A. 93-423, eff. 8-5-03.)
| ||||||
7 | (20 ILCS 801/1-35)
| ||||||
8 | Sec. 1-35.
1-30.
Aquifer study. The Department shall | ||||||
9 | conduct a study to (i)
develop an understanding of the geology | ||||||
10 | of each aquifer in the State; (ii)
determine the groundwater | ||||||
11 | flow through the geologic units and the interaction
of the | ||||||
12 | groundwater with surface waters; (iii) analyze current | ||||||
13 | groundwater
withdrawals; and (iv) determine the chemistry of | ||||||
14 | the geologic units and the
groundwater in those units. Based | ||||||
15 | upon information obtained from the study,
the Department shall | ||||||
16 | develop geologic and groundwater flow models for each
| ||||||
17 | underground aquifer in the State showing the impact of adding | ||||||
18 | future wells
or of future groundwater withdrawals.
| ||||||
19 | (Source: P.A. 93-608, eff. 11-20-03; revised 1-10-04.)
| ||||||
20 | Section 155. The Department of Natural Resources | ||||||
21 | (Conservation) Law of the
Civil Administrative Code of Illinois | ||||||
22 | is amended by changing Section 805-265 as follows:
| ||||||
23 | (20 ILCS 805/805-265) (was 20 ILCS 805/63a39)
|
| |||||||
| |||||||
1 | Sec. 805-265. Public utility easement on Tunnel Hill | ||||||
2 | Bicycle Trail. The
Department has the power to grant a public | ||||||
3 | utility easement in the
Saline Valley
Conservancy
Conservance
| ||||||
4 | District on the Tunnel Hill Bicycle Trail for construction and
| ||||||
5 | maintenance of a waterline, subject to terms and conditions
| ||||||
6 | determined by the Department.
| ||||||
7 | (Source: P.A. 91-239, eff. 1-1-00; revised 10-11-05.)
| ||||||
8 | Section 160. The Department of Employment Security Law of | ||||||
9 | the
Civil Administrative Code of Illinois is amended by | ||||||
10 | changing Section 1005-130 as follows:
| ||||||
11 | (20 ILCS 1005/1005-130) (was 20 ILCS 1005/43a.14)
| ||||||
12 | Sec. 1005-130. Exchange of information for child support
| ||||||
13 | enforcement.
| ||||||
14 | (a) The Department has the power to exchange with the | ||||||
15 | Illinois
Department of Healthcare and Family Services
Public | ||||||
16 | Aid
information that may be necessary for the enforcement of | ||||||
17 | child support
orders entered pursuant to the Illinois Public | ||||||
18 | Aid Code, the Illinois Marriage
and
Dissolution of Marriage | ||||||
19 | Act, the Non-Support of Spouse and Children Act, the
| ||||||
20 | Non-Support Punishment Act, the
Revised Uniform Reciprocal | ||||||
21 | Enforcement of Support Act, the
Uniform Interstate Family | ||||||
22 | Support Act, or the Illinois Parentage Act of 1984.
| ||||||
23 | (b) Notwithstanding any provisions in the Civil | ||||||
24 | Administrative
Code of Illinois to the contrary, the
Department |
| |||||||
| |||||||
1 | of Employment Security shall not be liable
to any person for | ||||||
2 | any disclosure of information to the Department of Healthcare | ||||||
3 | and Family Services (formerly
Illinois Department of Public | ||||||
4 | Aid ) under subsection (a)
or for any other action taken in good | ||||||
5 | faith to comply with the requirements of
subsection (a).
| ||||||
6 | (Source: P.A. 91-239, eff. 1-1-00; 91-613, eff. 10-1-99; 92-16, | ||||||
7 | eff.
6-28-01; revised 12-15-05.)
| ||||||
8 | Section 165. The New Hire Reporting Act is amended by | ||||||
9 | changing Section 35 as follows:
| ||||||
10 | (20 ILCS 1020/35)
| ||||||
11 | Sec. 35. Department of Healthcare and Family Services
| ||||||
12 | Public Aid duties. The Department of Healthcare and Family | ||||||
13 | Services
Public Aid
shall establish a community advisory | ||||||
14 | committee for oversight of the
implementation process, | ||||||
15 | toll-free telephone lines for employers with child
support | ||||||
16 | questions, an expedited hearing process for non-custodial | ||||||
17 | parents who
contest an employer's execution of an order for | ||||||
18 | withholding and brochures
and public service announcements | ||||||
19 | that inform the general public about the New
Hire Directory and | ||||||
20 | how to utilize it, within the federal and State
confidentiality | ||||||
21 | laws, in pursuit of child support.
| ||||||
22 | (Source: P.A. 90-425, eff. 8-15-97; revised 12-15-05.)
| ||||||
23 | Section 170. The Energy Conservation and Coal Development |
| |||||||
| |||||||
1 | Act is amended by changing Section 15 as follows:
| ||||||
2 | (20 ILCS 1105/15) (from Ch. 96 1/2, par. 7415)
| ||||||
3 | Sec. 15. (a) The Department, in cooperation with the | ||||||
4 | Illinois Finance
Authority,
shall establish a program to assist | ||||||
5 | units of local government, as defined in
the Illinois Finance | ||||||
6 | Authority Act, to identify and arrange financing for
energy | ||||||
7 | conservation projects for buildings and facilities owned or | ||||||
8 | leased by
those units of local government.
| ||||||
9 | (b) The Department, in cooperation with the Illinois | ||||||
10 | Finance
Authority, shall establish a program to assist health | ||||||
11 | facilities to
identify and arrange financing for energy | ||||||
12 | conservation projects for
buildings and facilities owned or | ||||||
13 | leased by those health facilities.
| ||||||
14 | (Source: P.A. 93-205 (Sections 890-4 and 890-39), eff. 1-1-04; | ||||||
15 | revised
9-23-03.)
| ||||||
16 | Section 175. The Department of Human Services Act is | ||||||
17 | amended by setting forth and renumbering multiple versions of | ||||||
18 | Sections 10-8 and 10-35 as follows: | ||||||
19 | (20 ILCS 1305/10-8)
| ||||||
20 | Sec. 10-8. The Autism Research Fund; grants; scientific | ||||||
21 | review committee. The Autism Research Fund is created as a | ||||||
22 | special fund in the State treasury. From appropriations to the | ||||||
23 | Department from the Fund, the Department must make grants to |
| |||||||
| |||||||
1 | public or private entities in Illinois for the purpose of | ||||||
2 | funding research concerning the disorder of autism. For | ||||||
3 | purposes of this Section, the term "research" includes, without | ||||||
4 | limitation, expenditures to develop and advance the | ||||||
5 | understanding, techniques, and modalities effective in the | ||||||
6 | detection, prevention, screening, and treatment of autism and | ||||||
7 | may include clinical trials. No more than 20% of the grant | ||||||
8 | funds may be used for institutional overhead costs, indirect | ||||||
9 | costs, other organizational levies, or costs of | ||||||
10 | community-based support services. | ||||||
11 | Moneys received for the purposes of this Section, | ||||||
12 | including, without limitation, income tax checkoff receipts | ||||||
13 | and gifts, grants, and awards from any public or private | ||||||
14 | entity, must be deposited into the Fund. Any interest earned on | ||||||
15 | moneys in the Fund must be deposited into the Fund. | ||||||
16 | Each year, grantees of the grants provided under this | ||||||
17 | Section must submit a written report to the Department that | ||||||
18 | sets forth the types of research that is conducted with the | ||||||
19 | grant moneys and the status of that research. | ||||||
20 | The Department shall promulgate rules for the creation of a | ||||||
21 | scientific review committee to review and assess applications | ||||||
22 | for the grants authorized under this Section. The Committee | ||||||
23 | shall serve without compensation.
| ||||||
24 | (Source: P.A. 94-442, eff. 8-4-05.) | ||||||
25 | (20 ILCS 1305/10-9)
|
| |||||||
| |||||||
1 | Sec. 10-9
10-8 . The Diabetes Research Checkoff Fund; | ||||||
2 | grants. The Diabetes Research Checkoff Fund is created as a | ||||||
3 | special fund in the State treasury. From appropriations to the | ||||||
4 | Department from the Fund, the Department must make grants to | ||||||
5 | public or private entities in Illinois for the purpose of | ||||||
6 | funding research concerning the disease of diabetes. At least | ||||||
7 | 50% of the grants made from the Fund by the Department must be | ||||||
8 | made to entities that conduct research for juvenile diabetes. | ||||||
9 | For purposes of this Section, the term "research" includes, | ||||||
10 | without limitation, expenditures to develop and advance the | ||||||
11 | understanding, techniques, and modalities effective in the | ||||||
12 | detection, prevention, screening, and treatment of diabetes | ||||||
13 | and may include clinical trials. | ||||||
14 | Moneys received for the purposes of this Section, | ||||||
15 | including, without limitation, income tax checkoff receipts | ||||||
16 | and gifts, grants, and awards from any public or private | ||||||
17 | entity, must be deposited into the Fund. Any interest earned on | ||||||
18 | moneys in the Fund must be deposited into the Fund.
| ||||||
19 | (Source: P.A. 94-107, eff. 7-1-05; revised 9-27-05.)
| ||||||
20 | (20 ILCS 1305/10-35)
| ||||||
21 | Sec. 10-35. Folic acid; public information campaign. The | ||||||
22 | Department, in
consultation with the Department of Public | ||||||
23 | Health,
shall
conduct a public information campaign to (i) | ||||||
24 | educate women about the benefits
of
consuming folic acid before | ||||||
25 | and during pregnancy to improve their chances of
having a
|
| |||||||
| |||||||
1 | healthy baby and (ii) increase the consumption of folic acid by | ||||||
2 | women of
child-bearing
age. The campaign must include | ||||||
3 | information about the sources of folic
acid.
| ||||||
4 | (Source: P.A. 93-84, eff. 1-1-04.)
| ||||||
5 | (20 ILCS 1305/10-40)
| ||||||
6 | Sec. 10-40
10-35 . Recreational programs; handicapped; | ||||||
7 | grants. The
Department of
Human Services, subject to | ||||||
8 | appropriation,
may
make grants to special recreation | ||||||
9 | associations for the operation of
recreational programs for
the
| ||||||
10 | handicapped, including both physically and mentally | ||||||
11 | handicapped, and
transportation to
and from those programs. The | ||||||
12 | grants should target unserved or underserved
populations,
such | ||||||
13 | as persons with brain injuries, persons who are medically | ||||||
14 | fragile, and
adults who
have acquired disabling conditions. The | ||||||
15 | Department must adopt rules to
implement the
grant program.
| ||||||
16 | (Source: P.A. 93-107, eff. 7-8-03; revised 9-24-03.)
| ||||||
17 | (20 ILCS 1305/10-45)
| ||||||
18 | Sec. 10-45
10-35 . Hispanic/Latino Teen Pregnancy | ||||||
19 | Prevention and
Intervention
Initiative.
| ||||||
20 | (a) The Department is authorized to establish a | ||||||
21 | Hispanic/Latino Teen
Pregnancy Prevention and
Intervention | ||||||
22 | Initiative program.
| ||||||
23 | (b) As a part of the program established under subsection | ||||||
24 | (a), the
Department is authorized to
award a grant to a |
| |||||||
| |||||||
1 | qualified entity for the purpose of conducting
research, | ||||||
2 | education,
and prevention activities to reduce pregnancy among | ||||||
3 | Hispanic
teenagers.
| ||||||
4 | (Source: P.A. 93-515, eff. 1-1-04; revised 9-24-03.)
| ||||||
5 | Section 180. The Illinois Lottery Law is amended by | ||||||
6 | changing Sections 2, 13, 20, and 21.6 as follows:
| ||||||
7 | (20 ILCS 1605/2) (from Ch. 120, par. 1152)
| ||||||
8 | Sec. 2. This Act is enacted to implement and establish | ||||||
9 | within the State
a lottery to be operated by the State, the | ||||||
10 | entire net proceeds of which
are to be used for the support of | ||||||
11 | the State's Common School Fund,
except as provided in Sections | ||||||
12 | 21.2 ,
and 21.5 , and 21.6.
| ||||||
13 | (Source: P.A. 94-120, eff. 7-6-05; 94-585, eff. 8-15-05; | ||||||
14 | revised 8-23-05.)
| ||||||
15 | (20 ILCS 1605/13) (from Ch. 120, par. 1163)
| ||||||
16 | Sec. 13. Except as otherwise provided in Section 13.1, no | ||||||
17 | prize, nor any
portion of a prize, nor any right of any
person | ||||||
18 | to a prize awarded shall be assignable. Any prize, or portion
| ||||||
19 | thereof remaining unpaid at the death of a prize winner, may be | ||||||
20 | paid to the
estate
of such deceased prize winner, or to the | ||||||
21 | trustee under a revocable living
trust established by the | ||||||
22 | deceased prize winner as settlor, provided that a
copy of such | ||||||
23 | a trust has been filed with the Department along with a
|
| |||||||
| |||||||
1 | notarized letter of direction from the settlor and no written | ||||||
2 | notice of
revocation has been received by the Division prior to | ||||||
3 | the settlor's
death. Following such a settlor's death and prior | ||||||
4 | to any payment to such a
successor trustee, the Superintendent | ||||||
5 | shall obtain from the trustee a written agreement to indemnify | ||||||
6 | and hold the Department and the Division
harmless with respect | ||||||
7 | to any claims that may be asserted against the
Department or | ||||||
8 | the Division arising from payment to or through the trust. | ||||||
9 | Notwithstanding
any other provision of this Section, any person | ||||||
10 | pursuant to an appropriate
judicial order may be paid
the prize | ||||||
11 | to which a winner is entitled, and all or part of any prize
| ||||||
12 | otherwise payable by
State warrant under this Section shall be | ||||||
13 | withheld upon certification to
the State Comptroller from the | ||||||
14 | Illinois Department of Healthcare and Family Services
Public | ||||||
15 | Aid as
provided in Section 10-17.5 of The Illinois Public Aid | ||||||
16 | Code. The Director
and the Superintendent shall be discharged | ||||||
17 | of all further liability upon payment of a prize
pursuant to | ||||||
18 | this Section.
| ||||||
19 | (Source: P.A. 93-465, eff. 1-1-04; 94-776, eff. 5-19-06; | ||||||
20 | revised 8-21-06.)
| ||||||
21 | (20 ILCS 1605/20) (from Ch. 120, par. 1170)
| ||||||
22 | Sec. 20. State Lottery Fund.
| ||||||
23 | (a) There is created in the State Treasury a special fund | ||||||
24 | to be
known as the "State Lottery Fund". Such fund shall | ||||||
25 | consist of all revenues
received from (1) the sale of lottery |
| |||||||
| |||||||
1 | tickets or shares, (net of
commissions, fees
representing those | ||||||
2 | expenses that are directly proportionate to the
sale of tickets | ||||||
3 | or shares at the agent location, and prizes of less
than
$600 | ||||||
4 | which
have been validly paid at the agent
level), (2) | ||||||
5 | application fees,
and (3) all other sources including moneys | ||||||
6 | credited or transferred thereto
from
any other fund
or source | ||||||
7 | pursuant to law. Interest earnings of the State Lottery Fund
| ||||||
8 | shall be credited to the Common School Fund.
| ||||||
9 | (b) The receipt and distribution of moneys under Section | ||||||
10 | 21.5 of this Act shall be in accordance with Section 21.5.
| ||||||
11 | (c)
(b) The receipt and distribution of moneys under | ||||||
12 | Section 21.6 of this Act shall be in accordance with Section | ||||||
13 | 21.6. | ||||||
14 | (Source: P.A. 94-120, eff. 7-6-05; 94-585, eff. 8-15-05; | ||||||
15 | revised 8-19-05.)
| ||||||
16 | (20 ILCS 1605/21.6)
| ||||||
17 | Sec. 21.6. Scratch-off for Illinois veterans. | ||||||
18 | (a) The Department shall offer a special instant | ||||||
19 | scratch-off game for the benefit of Illinois veterans. The game | ||||||
20 | shall commence on January 1, 2006 or as soon thereafter, at the | ||||||
21 | discretion of the Director, as is reasonably practical. The | ||||||
22 | operation of the game shall be governed by this Act and any | ||||||
23 | rules adopted by the Department. If any provision of this | ||||||
24 | Section is inconsistent with any other provision of this Act, | ||||||
25 | then this Section governs. |
| |||||||
| |||||||
1 | (b) The Illinois Veterans Assistance Fund is created as a | ||||||
2 | special fund in the State treasury. The net revenue from the | ||||||
3 | Illinois veterans scratch-off game shall be deposited into the | ||||||
4 | Fund for appropriation by the General Assembly solely to the | ||||||
5 | Department of Veterans Affairs for making grants, funding | ||||||
6 | additional services, or conducting additional research | ||||||
7 | projects relating to: | ||||||
8 | (i) veterans' post traumatic stress disorder; | ||||||
9 | (ii) veterans' homelessness; | ||||||
10 | (iii) the health insurance costs of veterans; | ||||||
11 | (iv) veterans' disability benefits, including but not | ||||||
12 | limited to, disability benefits provided by veterans | ||||||
13 | service organizations and veterans assistance commissions | ||||||
14 | or centers; and | ||||||
15 | (v) the long-term care of veterans. | ||||||
16 | Moneys collected from the special instant scratch-off game | ||||||
17 | shall be used only as a supplemental financial resource and | ||||||
18 | shall not supplant existing moneys that the Department of | ||||||
19 | Veterans Affairs may currently expend for the purposes set | ||||||
20 | forth in items (i) through (v)
(i-v) .
| ||||||
21 | Moneys received for the purposes of this Section, | ||||||
22 | including, without limitation, net revenue from the special | ||||||
23 | instant scratch-off game and from gifts, grants, and awards | ||||||
24 | from any public or private entity, must be deposited into the | ||||||
25 | Fund. Any interest earned on moneys in the Fund must be | ||||||
26 | deposited into the Fund.
|
| |||||||
| |||||||
1 | For purposes of this subsection, "net revenue" means the | ||||||
2 | total amount for which tickets have been sold less the sum of | ||||||
3 | the amount paid out in the prizes and the actual administrative | ||||||
4 | expenses of the Department solely related to the scratch-off | ||||||
5 | game under this Section.
| ||||||
6 | (c) During the time that tickets are sold for the Illinois | ||||||
7 | veterans scratch-off game, the Department shall not | ||||||
8 | unreasonably diminish the efforts devoted to marketing any | ||||||
9 | other instant scratch-off lottery game. | ||||||
10 | (d) The Department may adopt any rules necessary to | ||||||
11 | implement and administer the provisions of this Section.
| ||||||
12 | (Source: P.A. 94-585, eff. 8-15-05; revised 9-6-05.) | ||||||
13 | Section 185. The Mental Health and Developmental | ||||||
14 | Disabilities Administrative Act is amended by changing | ||||||
15 | Sections 15.2, 15.3, 18, 33.3, and 57 as follows:
| ||||||
16 | (20 ILCS 1705/15.2) (from Ch. 91 1/2, par. 100-15.2)
| ||||||
17 | Sec. 15.2. Quality Assurance for Adult Developmental | ||||||
18 | Training Services.
Whenever the Department of Healthcare and | ||||||
19 | Family Services
Public Aid or the Department of Human Services | ||||||
20 | pays
the cost, directly or
indirectly, in whole
or part, for | ||||||
21 | adult developmental training day services for persons with
| ||||||
22 | developmental disabilities, the provider of such services | ||||||
23 | shall meet
minimum standards established by the Department. | ||||||
24 | Such minimum standards
shall become effective July 1, 1986. |
| |||||||
| |||||||
1 | Interim program guidelines,
established by the Department, | ||||||
2 | shall be utilized for programs operational
prior to July 1, | ||||||
3 | 1985.
| ||||||
4 | The Department shall annually certify that adult | ||||||
5 | developmental training day
services providers meet minimum | ||||||
6 | standards. The Department may determine
that providers | ||||||
7 | accredited under nationally recognized accreditation
programs | ||||||
8 | are deemed to have met the standards established by the | ||||||
9 | Department
under this Section. The Department shall, at least | ||||||
10 | quarterly, review the
services being provided to assure | ||||||
11 | compliance with the standards. The
Department may suspend, | ||||||
12 | refuse to renew or deny certification to any
provider who fails | ||||||
13 | to meet any or all such standards, as provided by rule.
| ||||||
14 | For purposes of this Section, "adult developmental | ||||||
15 | training day service"
means services designed to help persons | ||||||
16 | with developmental disabilities to
develop functional skills | ||||||
17 | for living in such areas as motoric development,
dressing and | ||||||
18 | grooming, toileting, eating, language, reading and writing,
| ||||||
19 | quantitative skills development, independent living and | ||||||
20 | reduction of
maladaptive behavior. Such programs may include | ||||||
21 | services designed to
improve an individual's ability to engage | ||||||
22 | in productive work as defined
for work activity centers in the | ||||||
23 | federal Fair Labor Standards Act, as amended.
| ||||||
24 | For purposes of this Section, "providers of adult | ||||||
25 | developmental training day
services" means any person, agency | ||||||
26 | or organization that provides such
services for persons with |
| |||||||
| |||||||
1 | developmental disabilities as defined by the
Mental Health and | ||||||
2 | Developmental Disabilities Code.
| ||||||
3 | (Source: P.A. 89-507, eff. 7-1-97; revised 12-15-05.)
| ||||||
4 | (20 ILCS 1705/15.3) (from Ch. 91 1/2, par. 100-15.3)
| ||||||
5 | Sec. 15.3. Quality assurance for community mental health | ||||||
6 | services.
Whenever the Department of Healthcare and Family | ||||||
7 | Services
Public Aid or the Department of Human Services pays
| ||||||
8 | the cost, directly or indirectly, in
whole or part, for | ||||||
9 | community mental health services and programs provided
under | ||||||
10 | the Medicaid Clinic Option authorized by Title XIX of the | ||||||
11 | Social
Security Act, the provider of such services shall meet | ||||||
12 | minimum standards
established by the Department.
| ||||||
13 | The Department shall annually certify that providers of | ||||||
14 | community mental
health services under the Medicaid Clinic | ||||||
15 | Option meet minimum standards.
The Department may suspend, | ||||||
16 | refuse to renew or deny
certification to any provider who fails | ||||||
17 | to meet any or all such standards,
as provided by rule.
| ||||||
18 | For purposes of this Section, "community mental health | ||||||
19 | services and
programs" means services designed to help persons | ||||||
20 | with mental illness
develop skills for living, including but | ||||||
21 | not limited to the following:
| ||||||
22 | (1) Mental health assessment;
| ||||||
23 | (2) Psychological evaluation;
| ||||||
24 | (3) Interdisciplinary treatment planning;
| ||||||
25 | (4) Medication monitoring and training;
|
| |||||||
| |||||||
1 | (5) Individual therapy;
| ||||||
2 | (6) Group therapy;
| ||||||
3 | (7) Family therapy;
| ||||||
4 | (8) Crisis intervention;
| ||||||
5 | (9) Case management;
| ||||||
6 | (10) Intensive stabilization; and
| ||||||
7 | (11) Extended treatment and rehabilitation.
| ||||||
8 | (Source: P.A. 89-507, eff. 7-1-97; revised 12-15-05.)
| ||||||
9 | (20 ILCS 1705/18) (from Ch. 91 1/2, par. 100-18)
| ||||||
10 | Sec. 18. To receive, hold, distribute and use for indicated | ||||||
11 | purposes and
the benefit of recipients, monies and materials | ||||||
12 | made available by the
federal government or other agency. The | ||||||
13 | Department specifically may claim
federal reimbursement | ||||||
14 | through the Illinois Department of Healthcare and Family | ||||||
15 | Services
Public Aid under
the "Medicaid Waiver" provisions of | ||||||
16 | Section 1915(c) of the Social Security
Act, as amended, for | ||||||
17 | providing community services to recipients of medical
| ||||||
18 | assistance under Article V of the Illinois Public Aid Code. The | ||||||
19 | Department
shall maintain a separate line item in its budget, | ||||||
20 | entitled "Developmental
Disability Community Initiative", to | ||||||
21 | account for the expenditure of such
monies.
| ||||||
22 | (Source: P.A. 85-1209; revised 12-5-05.)
| ||||||
23 | (20 ILCS 1705/33.3) (from Ch. 91 1/2, par. 100-33.3)
| ||||||
24 | Sec. 33.3. (a) The Department may
develop an annual plan |
| |||||||
| |||||||
1 | for staff training. The plan
shall establish minimum training | ||||||
2 | objectives and time frames and shall be
based on the assessment | ||||||
3 | of needs of direct treatment staff. The plan shall
be developed | ||||||
4 | using comments from employee representative organizations and
| ||||||
5 | State and national professional and advocacy
groups. The | ||||||
6 | training plan shall be available for public review and comment.
| ||||||
7 | (b) A centralized pre-service training curriculum shall be | ||||||
8 | developed
for classifications of employees of State-operated
| ||||||
9 | facilities who have responsibility for direct patient care and | ||||||
10 | whose
professional training and experience does not | ||||||
11 | substantially include the
minimum training required under this | ||||||
12 | Section, as determined by the
Department.
The plan shall | ||||||
13 | address, at a minimum, the following areas:
| ||||||
14 | (1) Crisis intervention;
| ||||||
15 | (2) Communication (interpersonal theory, active | ||||||
16 | listening and observing);
| ||||||
17 | (3) Group process and group dynamics;
| ||||||
18 | (4) Diagnosis, management, treatment and discharge | ||||||
19 | planning;
| ||||||
20 | (5) Psychotherapeutic and psychopharmacological | ||||||
21 | psychosocial approaches;
| ||||||
22 | (6) Community resources;
| ||||||
23 | (7) Specialized skills for: long-term treatment, | ||||||
24 | teaching activities of
daily living skills (e.g., | ||||||
25 | grooming), psychosocial rehabilitation, and
schizophrenia | ||||||
26 | and the aged, dual-diagnosed, young, and chronic;
|
| |||||||
| |||||||
1 | (8) The Mental Health and Developmental Disabilities | ||||||
2 | Code;
| ||||||
3 | (9) The Mental Health and Developmental Disabilities | ||||||
4 | Confidentiality Act;
| ||||||
5 | (10) Physical intervention techniques;
| ||||||
6 | (11) Aggression management;
| ||||||
7 | (12) Cardiopulmonary resuscitation;
| ||||||
8 | (13) Social assessment training;
| ||||||
9 | (14) Suicide prevention and intervention;
| ||||||
10 | (15) Tardive dyskinesia
dyskensia ;
| ||||||
11 | (16) Fire safety;
| ||||||
12 | (17) Acquired immunodeficiency syndrome (AIDS);
| ||||||
13 | (18) Toxic substances;
| ||||||
14 | (19) The detection and reporting of suspected | ||||||
15 | recipient abuse and neglect; and
| ||||||
16 | (20) Methods of avoiding or reducing injuries in | ||||||
17 | connection with delivery of services.
| ||||||
18 | (c) Each program shall establish a unit-specific | ||||||
19 | orientation which
details the types of patients served, rules, | ||||||
20 | treatment strategies,
response to medical emergencies, | ||||||
21 | policies and procedures, seclusion,
restraint for special need | ||||||
22 | recipients, and community resources.
| ||||||
23 | (d) The plan shall provide for in-service and any other | ||||||
24 | necessary
training for direct service staff and shall include a | ||||||
25 | system for verification of
completion. Pre-service training | ||||||
26 | shall be completed within 6 months after
beginning employment, |
| |||||||
| |||||||
1 | as a condition of continued employment and as a
prerequisite to | ||||||
2 | contact with recipients of services, except in the
course of | ||||||
3 | supervised on-the-job training that may be a component of the
| ||||||
4 | training plan. The plan may also require additional
training in | ||||||
5 | relation to
changes in employee work assignments and job | ||||||
6 | classifications of professional and direct
service staff.
| ||||||
7 | Direct care staff shall be trained in methods of | ||||||
8 | communicating with
recipients who are not verbal, including | ||||||
9 | discerning signs of discomfort or
medical problems experienced | ||||||
10 | by a recipient. Facility administrators also
shall receive such | ||||||
11 | training, to ensure that facility operations are adapted
to the | ||||||
12 | needs of mentally disabled recipients.
| ||||||
13 | (e) To facilitate training, the Department may develop
at | ||||||
14 | least 2 training offices, one serving State-operated | ||||||
15 | facilities
located in the Chicago metropolitan area and the | ||||||
16 | second serving other
facilities operated by the Department. | ||||||
17 | These offices shall develop and
conduct the pre-service and | ||||||
18 | in-service training programs required by this
Section and | ||||||
19 | coordinate other training required by the Department.
| ||||||
20 | (Source: P.A. 86-1013; revised 10-11-05.)
| ||||||
21 | (20 ILCS 1705/57) (from Ch. 91 1/2, par. 100-57)
| ||||||
22 | Sec. 57.
The Department of Human Services shall | ||||||
23 | periodically convene a special task force of representatives of | ||||||
24 | the various State agencies with related programs and services | ||||||
25 | together with other interested parties and stakeholders to |
| |||||||
| |||||||
1 | study and assess service needs of persons with autism. The | ||||||
2 | Secretary of Human Services shall submit a report of the task | ||||||
3 | force's findings and recommendations and the Secretary's | ||||||
4 | priorities to the Governor and the General Assembly by | ||||||
5 | September 1, 2005. The Secretary shall provide annual progress | ||||||
6 | reports to the Governor and the General Assembly by January 1 | ||||||
7 | of each year, beginning on January 1, 2006. The reports shall | ||||||
8 | include an analysis of progress made
in the following areas:
| ||||||
9 | a. Early intervention services for children with autism and | ||||||
10 | their parents;
| ||||||
11 | b. Enhancement of family support mechanisms to enable | ||||||
12 | persons with
autism to remain in a home-based or community | ||||||
13 | environment in the least-restrictive setting possible, | ||||||
14 | including progress on the implementation of plans to provide | ||||||
15 | assistance to individuals and families; the plan shall include, | ||||||
16 | but not be limited to, (i) identification of the services | ||||||
17 | required, (ii) the availability of services, especially those | ||||||
18 | within the home community of the person with autism, (iii) the | ||||||
19 | number of persons requiring the services, (iv) the cost of the | ||||||
20 | services, (v) the capacity of the person with autism and his or | ||||||
21 | her family to independently provide the services and the extent | ||||||
22 | to which the State may support the individual and family | ||||||
23 | effort, (vi) the extent of existing and planned State support, | ||||||
24 | (vii) the availability and utilization of federal financial | ||||||
25 | participation in the cost of services, and (viii) the outcomes | ||||||
26 | and impact of services being provided;
|
| |||||||
| |||||||
1 | c. Services for adequate transition for people with autism | ||||||
2 | from public
school programs to adult work and day programs; and
| ||||||
3 | d. Plans, programs, and services under the Disabilities | ||||||
4 | Services Act of 2003.
| ||||||
5 | The Department of Human Services and the Department of | ||||||
6 | Healthcare and Family Services
Public Aid shall determine the | ||||||
7 | availability of federal financial participation in the cost of | ||||||
8 | developing a family support program, which would include | ||||||
9 | medical assistance coverage for children diagnosed with autism | ||||||
10 | who would otherwise qualify for medical assistance under the | ||||||
11 | Illinois Public Aid Code except for family income. The program | ||||||
12 | would include services to support persons with autism in their | ||||||
13 | homes and communities that are not provided through local | ||||||
14 | school systems, early intervention programs, or the medical | ||||||
15 | assistance program under the Illinois Public Aid Code. The | ||||||
16 | departments shall determine the feasibility of obtaining | ||||||
17 | federal financial participation and may apply for any | ||||||
18 | applicable waiver under Section 1915(c) of the federal Social | ||||||
19 | Security Act.
| ||||||
20 | For the purpose of this service needs review, autism means | ||||||
21 | a severely
incapacitating life-long developmental disability | ||||||
22 | which:
| ||||||
23 | a. may be manifested before a person is 30 months of age,
| ||||||
24 | b. may be caused by physical disorders of the brain, and
| ||||||
25 | c. is characterized by uneven intellectual development and | ||||||
26 | a combination
of disturbances in the rates and sequences of |
| |||||||
| |||||||
1 | cognitive, affective,
psychomotor, language and speech | ||||||
2 | development. This syndrome is further
evidenced by abnormal | ||||||
3 | responses to sensory stimuli, problems in developing
social | ||||||
4 | relationships, and ritualistic and compulsive behavior.
| ||||||
5 | (Source: P.A. 93-773, eff. 7-21-04; revised 12-15-05.)
| ||||||
6 | Section 190. The Military Code of Illinois is amended by | ||||||
7 | changing Section 28.6 as follows:
| ||||||
8 | (20 ILCS 1805/28.6)
| ||||||
9 | Sec. 28.6. Policy.
| ||||||
10 | (a) A member of the Army National Guard or the Air National
| ||||||
11 | Guard may be ordered to funeral honors duty in accordance
with | ||||||
12 | this Article. That member shall receive an allowance
of $100 | ||||||
13 | for any day on which a minimum of 2 hours of funeral
honors | ||||||
14 | duty is performed. Members of the Illinois National
Guard | ||||||
15 | ordered to funeral honors duty in accordance with
this Article | ||||||
16 | are considered to be in the active service of
the State for all | ||||||
17 | purposes except for pay, and the
provisions of Sections 52, 53, | ||||||
18 | 54, 55, and 56 of the
Military Code of Illinois apply if a | ||||||
19 | member of the
Illinois National Guard is injured or disabled in
| ||||||
20 | the course of those duties.
| ||||||
21 | (b) The Adjutant General may provide support for other
| ||||||
22 | authorized providers who volunteer to participate in a
funeral | ||||||
23 | honors detail conducted on behalf of the Governor.
This support | ||||||
24 | is limited to transportation, reimbursement
for |
| |||||||
| |||||||
1 | transportation, expenses, materials, and training.
| ||||||
2 | (c) On or after July 1, 2006, if the Adjutant General | ||||||
3 | determines that Illinois
National Guard personnel are not | ||||||
4 | available to perform military funeral
honors in accordance with | ||||||
5 | this Article, the Adjutant General may authorize another | ||||||
6 | appropriate organization to provide one or more of its members | ||||||
7 | to perform those honors and, subject to appropriations for that | ||||||
8 | purpose, shall authorize the payment of a $100 stipend to the | ||||||
9 | organization.
| ||||||
10 | (Source: P.A. 94-251, eff. 1-1-06; 94-359, eff. 7-1-06; revised | ||||||
11 | 9-14-06.)
| ||||||
12 | Section 195. The Department of Professional Regulation Law | ||||||
13 | of the
Civil Administrative Code of Illinois is amended by | ||||||
14 | changing Sections 2105-15 and 2105-155 as follows:
| ||||||
15 | (20 ILCS 2105/2105-15) (was 20 ILCS 2105/60)
| ||||||
16 | Sec. 2105-15. General powers and duties.
| ||||||
17 | (a) The Department has, subject to the provisions of the | ||||||
18 | Civil
Administrative Code of Illinois, the following powers and | ||||||
19 | duties:
| ||||||
20 | (1) To authorize examinations in English to ascertain | ||||||
21 | the qualifications
and fitness of applicants to exercise | ||||||
22 | the profession, trade, or occupation for
which the | ||||||
23 | examination is held.
| ||||||
24 | (2) To prescribe rules and regulations for a fair and |
| |||||||
| |||||||
1 | wholly
impartial method of examination of candidates to | ||||||
2 | exercise the respective
professions, trades, or | ||||||
3 | occupations.
| ||||||
4 | (3) To pass upon the qualifications of applicants for | ||||||
5 | licenses,
certificates, and authorities, whether by | ||||||
6 | examination, by reciprocity, or by
endorsement.
| ||||||
7 | (4) To prescribe rules and regulations defining, for | ||||||
8 | the
respective
professions, trades, and occupations, what | ||||||
9 | shall constitute a school,
college, or university, or | ||||||
10 | department of a university, or other
institution, | ||||||
11 | reputable and in good standing, and to determine the
| ||||||
12 | reputability and good standing of a school, college, or | ||||||
13 | university, or
department of a university, or other | ||||||
14 | institution, reputable and in good
standing, by reference | ||||||
15 | to a compliance with those rules and regulations;
provided, | ||||||
16 | that no school, college, or university, or department of a
| ||||||
17 | university, or other institution that refuses admittance | ||||||
18 | to applicants
solely on account of race, color, creed, sex, | ||||||
19 | or national origin shall be
considered reputable and in | ||||||
20 | good standing.
| ||||||
21 | (5) To conduct hearings on proceedings to revoke, | ||||||
22 | suspend, refuse to
renew, place on probationary status, or | ||||||
23 | take other disciplinary action
as authorized in any | ||||||
24 | licensing Act administered by the Department
with regard to | ||||||
25 | licenses, certificates, or authorities of persons
| ||||||
26 | exercising the respective professions, trades, or |
| |||||||
| |||||||
1 | occupations and to
revoke, suspend, refuse to renew, place | ||||||
2 | on probationary status, or take
other disciplinary action | ||||||
3 | as authorized in any licensing Act
administered by the | ||||||
4 | Department with regard to those licenses,
certificates, or | ||||||
5 | authorities. The Department shall issue a monthly
| ||||||
6 | disciplinary report. The Department shall deny any license | ||||||
7 | or
renewal authorized by the Civil Administrative Code of | ||||||
8 | Illinois to any person
who has defaulted on an
educational | ||||||
9 | loan or scholarship provided by or guaranteed by the | ||||||
10 | Illinois
Student Assistance Commission or any governmental | ||||||
11 | agency of this State;
however, the Department may issue a | ||||||
12 | license or renewal if the
aforementioned persons have | ||||||
13 | established a satisfactory repayment record as
determined | ||||||
14 | by the Illinois Student Assistance Commission or other | ||||||
15 | appropriate
governmental agency of this State. | ||||||
16 | Additionally, beginning June 1, 1996,
any license issued by | ||||||
17 | the Department may be suspended or revoked if the
| ||||||
18 | Department, after the opportunity for a hearing under the | ||||||
19 | appropriate licensing
Act, finds that the licensee has | ||||||
20 | failed to make satisfactory repayment to the
Illinois | ||||||
21 | Student Assistance Commission for a delinquent or | ||||||
22 | defaulted loan.
For the purposes of this Section, | ||||||
23 | "satisfactory repayment record" shall be
defined by rule. | ||||||
24 | The Department shall refuse to issue or renew a license to,
| ||||||
25 | or shall suspend or revoke a license of, any person who, | ||||||
26 | after receiving
notice, fails to comply with a subpoena or |
| |||||||
| |||||||
1 | warrant relating to a paternity or
child support | ||||||
2 | proceeding. However, the Department may issue a license or
| ||||||
3 | renewal upon compliance with the subpoena or warrant.
| ||||||
4 | The Department, without further process or hearings, | ||||||
5 | shall revoke, suspend,
or deny any license or renewal | ||||||
6 | authorized by the Civil Administrative Code of
Illinois to | ||||||
7 | a person who is certified by the Department of Healthcare | ||||||
8 | and Family Services (formerly Illinois Department of | ||||||
9 | Public Aid )
as being more than 30 days delinquent in | ||||||
10 | complying with a child support order
or who is certified by | ||||||
11 | a court as being in violation of the Non-Support
Punishment | ||||||
12 | Act for more than 60 days. The Department may, however, | ||||||
13 | issue a
license or renewal if the person has established a | ||||||
14 | satisfactory repayment
record as determined by the | ||||||
15 | Department of Healthcare and Family Services (formerly
| ||||||
16 | Illinois Department of Public Aid ) or if the person
is | ||||||
17 | determined by the court to be in compliance with the | ||||||
18 | Non-Support Punishment
Act. The Department may implement | ||||||
19 | this paragraph as added by Public Act 89-6
through the use | ||||||
20 | of emergency rules in accordance with Section 5-45 of the
| ||||||
21 | Illinois Administrative Procedure Act. For purposes of the | ||||||
22 | Illinois
Administrative Procedure Act, the adoption of | ||||||
23 | rules to implement this
paragraph shall be considered an | ||||||
24 | emergency and necessary for the public
interest, safety, | ||||||
25 | and welfare.
| ||||||
26 | (6) To transfer jurisdiction of any realty under the |
| |||||||
| |||||||
1 | control of the
Department to any other department of the | ||||||
2 | State Government or to acquire
or accept federal lands when | ||||||
3 | the transfer, acquisition, or acceptance is
advantageous | ||||||
4 | to the State and is approved in writing by the Governor.
| ||||||
5 | (7) To formulate rules and regulations necessary for | ||||||
6 | the enforcement of
any Act administered by the Department.
| ||||||
7 | (8) To exchange with the Illinois Department of | ||||||
8 | Healthcare and Family Services
Public Aid information
that | ||||||
9 | may be necessary for the enforcement of child support | ||||||
10 | orders entered
pursuant to the Illinois Public Aid Code, | ||||||
11 | the Illinois Marriage and Dissolution
of Marriage Act, the | ||||||
12 | Non-Support of Spouse and Children Act, the Non-Support
| ||||||
13 | Punishment Act, the Revised Uniform Reciprocal Enforcement | ||||||
14 | of Support Act, the
Uniform Interstate Family Support Act, | ||||||
15 | or the Illinois Parentage Act of 1984.
Notwithstanding any | ||||||
16 | provisions in this Code to the contrary, the Department of
| ||||||
17 | Professional Regulation shall not be liable under any | ||||||
18 | federal or State law to
any person for any disclosure of | ||||||
19 | information to the Department of Healthcare and Family | ||||||
20 | Services (formerly Illinois Department of
Public Aid )
| ||||||
21 | under this paragraph (8) or for any other action taken in | ||||||
22 | good faith
to comply with the requirements of this | ||||||
23 | paragraph (8).
| ||||||
24 | (9) To perform other duties prescribed
by law.
| ||||||
25 | (b) The Department may, when a fee is payable to the | ||||||
26 | Department for a wall
certificate of registration provided by |
| |||||||
| |||||||
1 | the Department of Central Management
Services, require that | ||||||
2 | portion of the payment for printing and distribution
costs be | ||||||
3 | made directly or through the Department to the Department of | ||||||
4 | Central
Management Services for deposit into the Paper and | ||||||
5 | Printing Revolving Fund.
The remainder shall be deposited into | ||||||
6 | the General Revenue Fund.
| ||||||
7 | (c) For the purpose of securing and preparing evidence, and | ||||||
8 | for the purchase
of controlled substances, professional | ||||||
9 | services, and equipment necessary for
enforcement activities, | ||||||
10 | recoupment of investigative costs, and other activities
| ||||||
11 | directed at suppressing the misuse and abuse of controlled | ||||||
12 | substances,
including those activities set forth in Sections | ||||||
13 | 504 and 508 of the Illinois
Controlled Substances Act, the | ||||||
14 | Director and agents appointed and authorized by
the Director | ||||||
15 | may expend sums from the Professional Regulation Evidence Fund
| ||||||
16 | that the Director deems necessary from the amounts appropriated | ||||||
17 | for that
purpose. Those sums may be advanced to the agent when | ||||||
18 | the Director deems that
procedure to be in the public interest. | ||||||
19 | Sums for the purchase of controlled
substances, professional | ||||||
20 | services, and equipment necessary for enforcement
activities | ||||||
21 | and other activities as set forth in this Section shall be | ||||||
22 | advanced
to the agent who is to make the purchase from the | ||||||
23 | Professional Regulation
Evidence Fund on vouchers signed by the | ||||||
24 | Director. The Director and those
agents are authorized to | ||||||
25 | maintain one or more commercial checking accounts with
any | ||||||
26 | State banking corporation or corporations organized under or |
| |||||||
| |||||||
1 | subject to the
Illinois Banking Act for the deposit and | ||||||
2 | withdrawal of moneys to be used for
the purposes set forth in | ||||||
3 | this Section; provided, that no check may be written
nor any | ||||||
4 | withdrawal made from any such account except upon the written
| ||||||
5 | signatures of 2 persons designated by the Director to write | ||||||
6 | those checks and
make those withdrawals. Vouchers for those | ||||||
7 | expenditures must be signed by the
Director. All such | ||||||
8 | expenditures shall be audited by the Director, and the
audit | ||||||
9 | shall be submitted to the Department of Central Management | ||||||
10 | Services for
approval.
| ||||||
11 | (d) Whenever the Department is authorized or required by | ||||||
12 | law to consider
some aspect of criminal history record | ||||||
13 | information for the purpose of carrying
out its statutory | ||||||
14 | powers and responsibilities, then, upon request and payment
of | ||||||
15 | fees in conformance with the requirements of Section 2605-400 | ||||||
16 | of the
Department of State Police Law (20 ILCS 2605/2605-400), | ||||||
17 | the Department of State
Police is authorized to furnish, | ||||||
18 | pursuant to positive identification, the
information contained | ||||||
19 | in State files that is necessary to fulfill the request.
| ||||||
20 | (e) The provisions of this Section do not apply to private | ||||||
21 | business and
vocational schools as defined by Section 1 of the | ||||||
22 | Private Business and
Vocational Schools Act.
| ||||||
23 | (f) Beginning July 1, 1995, this Section does not apply to | ||||||
24 | those
professions, trades, and occupations licensed under the | ||||||
25 | Real Estate License
Act of 2000, nor does it apply to any | ||||||
26 | permits, certificates, or other
authorizations to do business |
| |||||||
| |||||||
1 | provided for in the Land Sales Registration Act
of 1989 or the | ||||||
2 | Illinois Real Estate Time-Share Act.
| ||||||
3 | (g) Notwithstanding anything that may appear in any | ||||||
4 | individual licensing statute or administrative rule, the | ||||||
5 | Department shall deny any license application or renewal | ||||||
6 | authorized under any licensing Act administered by the | ||||||
7 | Department to any person who has failed to file a return, or to | ||||||
8 | pay the tax, penalty, or interest shown in a filed return, or | ||||||
9 | to pay any final assessment of tax, penalty, or interest, as | ||||||
10 | required by any tax Act administered by the Illinois Department | ||||||
11 | of Revenue, until such time as the requirement of any such tax | ||||||
12 | Act are satisfied; however, the Department may issue a license | ||||||
13 | or renewal if the person has established a satisfactory | ||||||
14 | repayment record as determined by the Illinois Department of | ||||||
15 | Revenue. For the purpose of this Section, "satisfactory | ||||||
16 | repayment record" shall be defined by rule.
| ||||||
17 | In addition, a complaint filed with the Department by the | ||||||
18 | Illinois Department of Revenue that includes a certification, | ||||||
19 | signed by its Director or designee, attesting to the amount of | ||||||
20 | the unpaid tax liability or the years for which a return was | ||||||
21 | not filed, or both, is prima facia evidence of the licensee's | ||||||
22 | failure to comply with the tax laws administered by the | ||||||
23 | Illinois Department of Revenue. Upon receipt of that | ||||||
24 | certification, the Department shall, without a hearing, | ||||||
25 | immediately suspend all licenses held by the licensee. | ||||||
26 | Enforcement of the Department's order shall be stayed for 60 |
| |||||||
| |||||||
1 | days. The Department shall provide notice of the suspension to | ||||||
2 | the licensee by mailing a copy of the Department's order by | ||||||
3 | certified and regular mail to the licensee's last known address | ||||||
4 | as registered with the Department. The notice shall advise the | ||||||
5 | licensee that the suspension shall be effective 60 days after | ||||||
6 | the issuance of the Department's order unless the Department | ||||||
7 | receives, from the licensee, a request for a hearing before the | ||||||
8 | Department to dispute the matters contained in the order.
| ||||||
9 | Any suspension imposed under this subsection (g) shall be | ||||||
10 | terminated by the Department upon notification from the | ||||||
11 | Illinois Department of Revenue that the licensee is in | ||||||
12 | compliance with all tax laws administered by the Illinois | ||||||
13 | Department of Revenue.
| ||||||
14 | The Department shall promulgate rules for the | ||||||
15 | administration of this subsection (g).
| ||||||
16 | (h)
(g) The Department may grant the title "Retired", to be | ||||||
17 | used immediately adjacent to the title of a profession | ||||||
18 | regulated by the Department, to eligible retirees. The use of | ||||||
19 | the title "Retired" shall not constitute representation of | ||||||
20 | current licensure, registration, or certification. Any person | ||||||
21 | without an active license, registration, or certificate in a | ||||||
22 | profession that requires licensure, registration, or | ||||||
23 | certification shall not be permitted to practice that | ||||||
24 | profession. | ||||||
25 | (Source: P.A. 94-452, eff. 1-1-06; 94-462, eff. 8-4-05; revised | ||||||
26 | 12-15-05.)
|
| |||||||
| |||||||
1 | (20 ILCS 2105/2105-155) (was 20 ILCS 2105/60n)
| ||||||
2 | Sec. 2105-155. Suspension or termination of medical | ||||||
3 | services provider under
the Public Aid Code. When the | ||||||
4 | Department receives notice
from the Department of Healthcare | ||||||
5 | and Family Services
Public Aid , as required by Section 2205-10
| ||||||
6 | of
the Department of Healthcare and Family Services
Public Aid
| ||||||
7 | Law (20 ILCS 2205/2205-10),
that the authorization to provide | ||||||
8 | medical services under Article V of
the
Illinois Public Aid | ||||||
9 | Code has been suspended or terminated with respect to
any | ||||||
10 | person, firm, corporation, association, agency, institution, | ||||||
11 | or other
legal entity licensed under any Act administered by
| ||||||
12 | the Department of Professional Regulation,
the Department of | ||||||
13 | Professional Regulation
shall determine whether there are | ||||||
14 | reasonable grounds to investigate
the circumstances that | ||||||
15 | resulted in the suspension or
termination. If reasonable | ||||||
16 | grounds are found, the Department of Professional
Regulation
| ||||||
17 | shall conduct an investigation and take the disciplinary action
| ||||||
18 | against
the licensee that the Department determines to be | ||||||
19 | required under the
appropriate
licensing Act.
| ||||||
20 | (Source: P.A. 91-239, eff. 1-1-00; revised 12-15-05.)
| ||||||
21 | Section 200. The Department of Public Aid Law of the
Civil | ||||||
22 | Administrative Code of Illinois is amended by changing the | ||||||
23 | heading of Article 2205 and Sections 2205-1, 2205-5, and | ||||||
24 | 2205-10 as follows: |
| |||||||
| |||||||
1 | (20 ILCS 2205/Art. 2205 heading) | ||||||
2 | ARTICLE 2205. DEPARTMENT OF HEALTHCARE AND FAMILY SERVICES
| ||||||
3 | PUBLIC AID
| ||||||
4 | (20 ILCS 2205/2205-1)
| ||||||
5 | Sec. 2205-1. Article short title. This Article 2205 of the | ||||||
6 | Civil
Administrative
Code of Illinois may be cited as the | ||||||
7 | Department of Healthcare and Family Services
Public Aid Law.
| ||||||
8 | (Source: P.A. 91-239, eff. 1-1-00; revised 12-15-05.)
| ||||||
9 | (20 ILCS 2205/2205-5) (was 20 ILCS 2205/48a)
| ||||||
10 | Sec. 2205-5. Public Aid Code. The Department of Healthcare | ||||||
11 | and Family Services
Public Aid shall administer the Illinois | ||||||
12 | Public Aid
Code as provided in that Code.
| ||||||
13 | (Source: P.A. 91-239, eff. 1-1-00; revised 12-15-05.)
| ||||||
14 | (20 ILCS 2205/2205-10) (was 20 ILCS 2205/48b)
| ||||||
15 | Sec. 2205-10. Suspension or termination of authorization | ||||||
16 | to provide medical
services. Whenever the Department of | ||||||
17 | Healthcare and Family Services (formerly Department of Public | ||||||
18 | Aid ) suspends or
terminates
the authorization of any person, | ||||||
19 | firm, corporation, association, agency,
institution, or other | ||||||
20 | legal entity to provide medical services under Article
V of the | ||||||
21 | Illinois Public Aid Code and the practice of providing
those | ||||||
22 | services
or the maintenance of facilities for those services is |
| |||||||
| |||||||
1 | licensed
under a
licensing
Act administered by the Department | ||||||
2 | of Public Health or
the Department of Professional Regulation,
| ||||||
3 | the Department of Healthcare and Family Services
Public Aid
| ||||||
4 | shall, within 30 days of the suspension or termination, give
| ||||||
5 | written notice
of the suspension or termination and transmit a | ||||||
6 | record of the
evidence
and specify the grounds on which the | ||||||
7 | suspension or termination is based
to the Department that | ||||||
8 | administers the licensing Act under which
that person,
firm, | ||||||
9 | corporation, association, agency, institution, or other legal | ||||||
10 | entity
is licensed, subject to any confidentiality | ||||||
11 | requirements imposed by applicable
federal or State law. The | ||||||
12 | cost of any such record shall be borne by the
Department to | ||||||
13 | which it is transmitted.
| ||||||
14 | (Source: P.A. 91-239, eff. 1-1-00; revised 12-15-05.)
| ||||||
15 | Section 205. The Illinois Health Finance Reform Act is | ||||||
16 | amended by changing Section 5-1 as follows:
| ||||||
17 | (20 ILCS 2215/5-1) (from Ch. 111 1/2, par. 6505-1)
| ||||||
18 | Sec. 5-1. Mandatory Utilization Review.
| ||||||
19 | (a) Except as prohibited by
Federal law or regulations, any | ||||||
20 | third party payor shall have the option
to require utilization | ||||||
21 | review for hospital admissions and continued hospital
stays, | ||||||
22 | except for the Illinois Department of Healthcare and Family | ||||||
23 | Services
Public Aid for payment of hospital
services for | ||||||
24 | recipients of assistance under Articles V, VI, and VII of the
|
| |||||||
| |||||||
1 | Illinois Public Aid Code. The payor shall have the option to | ||||||
2 | contract
with a medical peer review organization, provided that | ||||||
3 | the organization
is at minimum, composed of 10% of area | ||||||
4 | physicians, or the hospital to perform
utilization review or to | ||||||
5 | conduct its own utilization review. A medical
peer review | ||||||
6 | organization, as defined, may also contract with hospitals to
| ||||||
7 | perform reviews on a delegated basis. The utilization review | ||||||
8 | process shall
provide for the timely notification of patients | ||||||
9 | by the third party payor
or review organization that further | ||||||
10 | services are deemed inappropriate or
medically unnecessary. | ||||||
11 | Such notification shall inform the patient that
his third party | ||||||
12 | payor will cease coverage after a stated period from the
date | ||||||
13 | of the notification. No third party payor shall be liable for | ||||||
14 | charges
for health care services rendered by a hospital | ||||||
15 | subsequent to the end of
the notification period.
| ||||||
16 | Nothing in this Section shall be construed as authorizing | ||||||
17 | any person or
third party payor, other than through the use of | ||||||
18 | physicians licensed to
practice medicine in all of its branches | ||||||
19 | or other licensed health care
professionals under the | ||||||
20 | supervision of said physicians, to conduct utilization
review.
| ||||||
21 | (b) All costs associated with utilization review under this | ||||||
22 | section shall
be billed to and paid by the third party payor | ||||||
23 | ordering the review.
| ||||||
24 | (c) Any third party payor for hospital services may | ||||||
25 | contract with a hospital
for a program of utilization review | ||||||
26 | different than that required by this
subsection, which contract |
| |||||||
| |||||||
1 | may provide for the withholding and denial of
payment for | ||||||
2 | hospital services to a beneficiary, when such treatment is | ||||||
3 | found
in the course of utilization review to have been | ||||||
4 | inappropriate and unwarranted
in the case of that beneficiary.
| ||||||
5 | (d) All records and reports arising as a result of this | ||||||
6 | subsection shall
be strictly privileged and confidential, as | ||||||
7 | provided under Part 21 of
Article VIII of the Code of Civil | ||||||
8 | Procedure.
| ||||||
9 | (Source: P.A. 91-357, eff. 7-29-99; revised 12-15-05.)
| ||||||
10 | Section 210. The Department of Public Health Powers and | ||||||
11 | Duties Law of the
Civil Administrative Code of Illinois is | ||||||
12 | amended by changing Sections 2310-135, 2310-215, 2310-330, | ||||||
13 | 2310-338, 2310-345, 2310-353, 2310-395, and 2310-445, by | ||||||
14 | renumbering Section 371, and by setting forth and renumbering | ||||||
15 | multiple versions of Section 2310-610 as follows:
| ||||||
16 | (20 ILCS 2310/2310-135) (was 20 ILCS 2310/55.37)
| ||||||
17 | Sec. 2310-135. Notice of suspension or termination of | ||||||
18 | medical services
provider under Public Aid Code. When the | ||||||
19 | Department receives
notice from
the Department of Healthcare | ||||||
20 | and Family Services (formerly Department of Public Aid ) , as | ||||||
21 | required by Section 2205-10 of
the
Department of Healthcare and | ||||||
22 | Family Services
Public Aid Law (20 ILCS 2205/2205-10), that
the | ||||||
23 | authorization to provide medical services under Article V of | ||||||
24 | the
Illinois Public Aid Code has been suspended or terminated
|
| |||||||
| |||||||
1 | with respect to
any person, firm, corporation, association, | ||||||
2 | agency, institution, or other
legal entity licensed under any | ||||||
3 | Act administered by the Department of
Public Health, the | ||||||
4 | Department of Public Health shall determine whether
there are | ||||||
5 | reasonable grounds to investigate the circumstances that
| ||||||
6 | resulted in the suspension or termination. If such reasonable
| ||||||
7 | grounds are
found, the Department of Public Health shall | ||||||
8 | conduct an investigation and
take disciplinary action against | ||||||
9 | the licensee that the
Department
determines to be required | ||||||
10 | under the appropriate licensing Act.
| ||||||
11 | (Source: P.A. 91-239, eff. 1-1-00; revised 12-15-05.)
| ||||||
12 | (20 ILCS 2310/2310-215) (was 20 ILCS 2310/55.62)
| ||||||
13 | Sec. 2310-215. Center for Minority Health Services.
| ||||||
14 | (a) The Department shall establish a Center for Minority | ||||||
15 | Health
Services to advise the Department on matters pertaining | ||||||
16 | to the health needs
of minority populations within the State.
| ||||||
17 | (b) The Center shall have the following duties:
| ||||||
18 | (1) To assist in the assessment of the health needs of | ||||||
19 | minority
populations in the State.
| ||||||
20 | (2) To recommend treatment methods and programs that | ||||||
21 | are sensitive and
relevant to the unique linguistic, | ||||||
22 | cultural, and ethnic characteristics of
minority | ||||||
23 | populations.
| ||||||
24 | (3) To provide consultation, technical assistance, | ||||||
25 | training programs, and
reference materials to service |
| |||||||
| |||||||
1 | providers, organizations, and other
agencies.
| ||||||
2 | (4) To promote awareness of minority health concerns, | ||||||
3 | and
encourage, promote, and aid in the establishment of | ||||||
4 | minority services.
| ||||||
5 | (5) To disseminate information on available minority | ||||||
6 | services.
| ||||||
7 | (6) To provide adequate and effective opportunities | ||||||
8 | for minority
populations to express their views on | ||||||
9 | Departmental policy development and
program | ||||||
10 | implementation.
| ||||||
11 | (7) To coordinate with the Department on Aging and the | ||||||
12 | Department of Healthcare and Family Services
Public Aid to | ||||||
13 | coordinate services designed to meet the needs of minority | ||||||
14 | senior
citizens.
| ||||||
15 | (8) To promote awareness of the incidence of | ||||||
16 | Alzheimer's disease and related dementias among minority | ||||||
17 | populations and to encourage, promote, and aid in the | ||||||
18 | establishment of prevention and treatment programs and | ||||||
19 | services relating to this health problem.
| ||||||
20 | (c) For the purpose of this Section, "minority" shall mean | ||||||
21 | and include
any person or group of persons who are:
| ||||||
22 | (1) African-American (a person having origins in any of | ||||||
23 | the black
racial groups in Africa);
| ||||||
24 | (2) Hispanic (a person of Spanish or Portuguese culture | ||||||
25 | with origins
in Mexico, South or Central America, or the | ||||||
26 | Caribbean Islands, regardless of
race);
|
| |||||||
| |||||||
1 | (3) Asian American (a person having origins in any of | ||||||
2 | the original
peoples of the Far East, Southeast Asia, the | ||||||
3 | Indian Subcontinent or the
Pacific Islands); or
| ||||||
4 | (4) American Indian or Alaskan Native (a person having | ||||||
5 | origins in any
of the original peoples of North America).
| ||||||
6 | (Source: P.A. 93-929, eff. 8-12-04; revised 12-15-05.)
| ||||||
7 | (20 ILCS 2310/2310-330) (was 20 ILCS 2310/55.46)
| ||||||
8 | Sec. 2310-330. Sperm and tissue bank registry; AIDS test | ||||||
9 | for donors;
penalties.
| ||||||
10 | (a) The Department shall establish a registry of all sperm
| ||||||
11 | banks and tissue banks operating in this State. All sperm banks | ||||||
12 | and tissue
banks operating in this State
shall register with | ||||||
13 | the Department by May 1 of each year. Any person,
hospital, | ||||||
14 | clinic, corporation, partnership, or other legal entity that
| ||||||
15 | operates a sperm bank or tissue bank in this State and fails to | ||||||
16 | register with
the
Department pursuant to this Section commits a | ||||||
17 | business offense and shall be
subject to a fine of $5000.
| ||||||
18 | (b) All donors
of semen for purposes of artificial | ||||||
19 | insemination, or donors of corneas,
bones, organs, or other | ||||||
20 | human tissue for the purpose of injecting,
transfusing, or | ||||||
21 | transplanting any of them in the human body, shall be
tested | ||||||
22 | for
evidence of exposure to human immunodeficiency virus (HIV)
| ||||||
23 | and any other identified causative agent of acquired | ||||||
24 | immunodeficiency
syndrome (AIDS) at the time of or after the | ||||||
25 | donation but prior to the
semen, corneas, bones, organs, or |
| |||||||
| |||||||
1 | other human tissue being made available for
that use.
However, | ||||||
2 | when in the opinion of the attending physician the life of a
| ||||||
3 | recipient of a bone, organ, or other human tissue donation | ||||||
4 | would be
jeopardized by delays caused by testing for evidence | ||||||
5 | of exposure to HIV and
any other causative agent of AIDS, | ||||||
6 | testing shall not be required.
| ||||||
7 | (c) Except as otherwise provided in subsection (c-5), no | ||||||
8 | person may
intentionally, knowingly, recklessly, or | ||||||
9 | negligently
use the semen, corneas, bones, organs, or
other | ||||||
10 | human tissue of a donor unless the requirements of subsection | ||||||
11 | (b)
have been met. Except as otherwise provided in subsection | ||||||
12 | (c-5), no person
may intentionally, knowingly, recklessly, or
| ||||||
13 | negligently use the semen, corneas, bones, organs, or other | ||||||
14 | human tissue of a
donor who
has tested positive for exposure to
| ||||||
15 | HIV or any other identified causative agent of AIDS. Violation | ||||||
16 | of
this subsection (c) shall be a Class 4 felony.
| ||||||
17 | (c-5) It is not a violation of this Section for a person to | ||||||
18 | perform a solid
organ transplant
of an organ from an HIV | ||||||
19 | infected donor to a person who has tested positive for
exposure
| ||||||
20 | to HIV or any other identified causative agent of AIDS and who | ||||||
21 | is in immediate
threat of
death unless the transplant is | ||||||
22 | performed. A tissue bank that provides an organ
from an
HIV | ||||||
23 | infected donor under this subsection (c-5) may not be | ||||||
24 | criminally or civilly
liable for
the furnishing of that organ | ||||||
25 | under this subsection (c-5).
| ||||||
26 | (d) For the purposes of this Section:
|
| |||||||
| |||||||
1 | "Human tissue" shall not be
construed to mean organs or | ||||||
2 | whole blood or its component parts.
| ||||||
3 | "Tissue bank" has the same meaning as set forth in the | ||||||
4 | Illinois Anatomical Gift Act.
| ||||||
5 | "Solid organ transplant" means the surgical | ||||||
6 | transplantation of internal
organs including, but not limited | ||||||
7 | to, the liver, kidney, pancreas, lungs, or
heart.
"Solid
organ | ||||||
8 | transplant" does not mean a bone marrow based transplant or a | ||||||
9 | blood
transfusion.
| ||||||
10 | "HIV infected donor" means a deceased donor who was | ||||||
11 | infected with HIV or a living donor known to be infected with | ||||||
12 | HIV and who is willing to donate a part or all of one or more of | ||||||
13 | his or her organs. A determination of the donor's HIV infection | ||||||
14 | is made by the donor's medical history or by specific tests | ||||||
15 | that document HIV infection, such as HIV RNA or DNA, or by | ||||||
16 | antibodies to HIV.
| ||||||
17 | (Source: P.A. 93-737, eff. 7-15-04; 93-794, eff. 7-22-04; | ||||||
18 | revised 10-25-04.)
| ||||||
19 | (20 ILCS 2310/2310-338) | ||||||
20 | Sec. 2310-338. Asthma prevention and control program. | ||||||
21 | (a) Subject to appropriations for this purpose, the | ||||||
22 | Department shall establish an asthma prevention and control | ||||||
23 | program to provide leadership in Illinois for and coordination | ||||||
24 | of asthma prevention and intervention activities. The program | ||||||
25 | may include, but need not be limited to, the following |
| |||||||
| |||||||
1 | features: | ||||||
2 | (1) Monitoring of asthma prevalence in the State. | ||||||
3 | (2) Education and training of health care | ||||||
4 | professionals concerning the current methods of diagnosing | ||||||
5 | and treating asthma. | ||||||
6 | (3) Patient and family education concerning the | ||||||
7 | management of asthma. | ||||||
8 | (4) Dissemination of information on programs shown to | ||||||
9 | reduce hospitalization, emergency room visits, and | ||||||
10 | absenteeism due to asthma. | ||||||
11 | (5) Consultation with and support of community-based | ||||||
12 | asthma prevention and control programs. | ||||||
13 | (6) Monitoring of environmental hazards or exposures, | ||||||
14 | or both, that may increase the incidence of asthma.
| ||||||
15 | (b) In implementing the program established under | ||||||
16 | subsection (a), the Department shall consult with the | ||||||
17 | Department of Healthcare and Family Services
Public Aid and the | ||||||
18 | State Board of Education. In addition, the Department shall | ||||||
19 | seek advice from other organizations and public and private | ||||||
20 | entities concerned about the prevention and treatment of | ||||||
21 | asthma. | ||||||
22 | (c) The Department may accept federal funding and grants, | ||||||
23 | and may contract for work with outside vendors or individuals, | ||||||
24 | for the purpose of implementing the program established under | ||||||
25 | subsection (a).
| ||||||
26 | (Source: P.A. 93-1015, eff. 8-24-0; revised 12-15-05.)
|
| |||||||
| |||||||
1 | (20 ILCS 2310/2310-345) (was 20 ILCS 2310/55.49)
| ||||||
2 | Sec. 2310-345. Breast cancer; written summary regarding | ||||||
3 | early detection and
treatment. | ||||||
4 | (a) From funds made available for this purpose, the
| ||||||
5 | Department shall publish, in layman's language, a
standardized | ||||||
6 | written summary outlining methods for the early detection and
| ||||||
7 | diagnosis of breast cancer. The summary shall include | ||||||
8 | recommended
guidelines for screening and detection of breast | ||||||
9 | cancer through the use of
techniques that shall include but not | ||||||
10 | be limited to self-examination and
diagnostic radiology.
| ||||||
11 | (b) The summary shall also suggest that women seek | ||||||
12 | mammography
services from facilities that
are certified to | ||||||
13 | perform mammography as required by the
federal Mammography | ||||||
14 | Quality Standards Act of 1992.
| ||||||
15 | (c) The summary shall also include the medically viable
| ||||||
16 | alternative
methods for the treatment of breast cancer, | ||||||
17 | including, but not limited to,
hormonal, radiological, | ||||||
18 | chemotherapeutic, or surgical treatments or
combinations | ||||||
19 | thereof. The summary shall contain information on breast
| ||||||
20 | reconstructive surgery, including, but not limited to, the use | ||||||
21 | of breast
implants and their side effects.
The summary shall | ||||||
22 | inform the
patient of the advantages, disadvantages, risks, and | ||||||
23 | dangers of the various
procedures.
The summary shall include | ||||||
24 | (i) a statement that mammography is the most
accurate method | ||||||
25 | for making an early detection of breast cancer, however, no
|
| |||||||
| |||||||
1 | diagnostic tool is 100% effective and (ii) instructions for
| ||||||
2 | instructions for performing breast self-examination and a | ||||||
3 | statement that
it is
important to perform a breast | ||||||
4 | self-examination monthly.
| ||||||
5 | (d) In developing the summary, the Department shall consult | ||||||
6 | with the
Advisory Board of Cancer Control, the Illinois State | ||||||
7 | Medical Society and
consumer groups. The summary shall be | ||||||
8 | updated by the Department every 2 years.
| ||||||
9 | (e) The summaries shall additionally be translated into | ||||||
10 | Spanish, and
the Department shall conduct a public information | ||||||
11 | campaign to distribute
the summaries to the Hispanic women of | ||||||
12 | this State in order to inform them
of the importance of early | ||||||
13 | detection and mammograms.
| ||||||
14 | (f) The Department shall distribute the summary to | ||||||
15 | hospitals, public
health centers, and physicians who are likely | ||||||
16 | to perform or order
diagnostic
tests for breast disease or | ||||||
17 | treat breast cancer by surgical or other
medical methods. Those | ||||||
18 | hospitals, public health centers, and physicians
shall make the | ||||||
19 | summaries available to the public. The Department shall
also | ||||||
20 | distribute the summaries to any person, organization, or other
| ||||||
21 | interested parties upon request. The summaries may be | ||||||
22 | duplicated by any
person, provided the copies are identical to | ||||||
23 | the current summary
prepared
by the Department.
| ||||||
24 | (g) The summary shall display, on the inside of its cover, | ||||||
25 | printed in
capital letters, in bold face type, the following | ||||||
26 | paragraph:
|
| |||||||
| |||||||
1 | "The information contained in this brochure regarding | ||||||
2 | recommendations for
early detection and diagnosis of breast | ||||||
3 | disease and alternative breast
disease treatments is only for | ||||||
4 | the purpose of assisting you, the patient,
in understanding the | ||||||
5 | medical information and advice offered by your
physician. This | ||||||
6 | brochure cannot serve as a substitute for the sound
| ||||||
7 | professional advice of your physician. The availability of this | ||||||
8 | brochure
or the information contained within is not intended to | ||||||
9 | alter, in any way,
the existing physician-patient | ||||||
10 | relationship, nor the existing professional
obligations of | ||||||
11 | your physician in the delivery of medical services to you,
the | ||||||
12 | patient."
| ||||||
13 | (h) The summary shall be updated when necessary.
| ||||||
14 | (Source: P.A. 91-239, eff. 1-1-00; revised 10-19-05.)
| ||||||
15 | (20 ILCS 2310/2310-353) | ||||||
16 | Sec. 2310-353. Cervical Cancer Elimination Task Force. | ||||||
17 | (a) A standing Task Force on Cervical Cancer Elimination | ||||||
18 | ("Task Force") is established within the Illinois Department of | ||||||
19 | Public Health. | ||||||
20 | (b) The Task Force shall have 12 members appointed by the | ||||||
21 | Director of Public Health as follows: | ||||||
22 | (1) A representative of an organization relating to | ||||||
23 | women and cancer. | ||||||
24 | (2) A representative of an organization providing | ||||||
25 | health care to women. |
| |||||||
| |||||||
1 | (3) A health educator. | ||||||
2 | (4) A representative of a national organization | ||||||
3 | relating to cancer treatment who is an oncologist. | ||||||
4 | (5) A representative of the health insurance industry. | ||||||
5 | (6) A representative of a national organization of | ||||||
6 | obstetricians and gynecologists. | ||||||
7 | (7) A representative of a national organization of | ||||||
8 | family physicians. | ||||||
9 | (8) The State Epidemiologist. | ||||||
10 | (9) A member at-large with an interest in women's | ||||||
11 | health. | ||||||
12 | (10) A social marketing expert on health issues. | ||||||
13 | (11) A licensed registered nurse. | ||||||
14 | (12) A member of the Illinois Breast and Cervical | ||||||
15 | Cancer Medical Advisory Committee. | ||||||
16 | The directors of Public Health and Healthcare and Family | ||||||
17 | Services
Public Aid , and the Secretary of Human Services, or | ||||||
18 | their designees, and the Chair and Vice-Chair of the Conference | ||||||
19 | of Women Legislators in Illinois, or their designees, shall be | ||||||
20 | ex officio members of the Task Force. The Director of Public | ||||||
21 | Health shall also consult with the Speaker of the House of | ||||||
22 | Representatives, the Minority Leader of the House of | ||||||
23 | Representatives, the President of the Senate, and the Minority | ||||||
24 | Leader of the Senate in the designation of members of the | ||||||
25 | Illinois General Assembly as ex-officio members. | ||||||
26 | Appointments to the Task Force should reflect the |
| |||||||
| |||||||
1 | composition of the Illinois population with regard to ethnic, | ||||||
2 | racial, age, and religious composition. | ||||||
3 | (c) The Director of Public Health shall appoint a Chair | ||||||
4 | from among the members of the Task Force. The Task Force shall | ||||||
5 | elect a Vice-Chair from its members. Initial appointments to | ||||||
6 | the Task Force shall be made not later than 30 days after the | ||||||
7 | effective date of this amendatory Act of the 93rd General | ||||||
8 | Assembly. A majority of the Task Force shall constitute a | ||||||
9 | quorum for the transaction of its business. The Task Force | ||||||
10 | shall meet at least quarterly. The Task Force Chair may | ||||||
11 | establish sub-committees for the purpose of making special | ||||||
12 | studies; such sub-committees may include non-Task-Force | ||||||
13 | members as resource persons. | ||||||
14 | (d) Members of the Task Force shall be reimbursed for their | ||||||
15 | necessary expenses incurred in performing their duties. The | ||||||
16 | Department of Public Health shall provide staff and technical | ||||||
17 | assistance to the Task Force to the extent possible within | ||||||
18 | annual appropriations for its ordinary and contingent | ||||||
19 | expenses. | ||||||
20 | (e) The Task Force shall have the following duties: | ||||||
21 | (1) To obtain from the Department of Public Health, if | ||||||
22 | available, data and analyses regarding the prevalence and | ||||||
23 | burden of cervical cancer. The Task Force may conduct or | ||||||
24 | arrange for independent studies and analyses. | ||||||
25 | (2) To coordinate the efforts of the Task Force with | ||||||
26 | existing State committees and programs providing cervical |
| |||||||
| |||||||
1 | cancer screening, education, and case management. | ||||||
2 | (3) To raise public awareness on the causes and nature | ||||||
3 | of cervical cancer, personal risk factors, the value of | ||||||
4 | prevention, early detection, options for testing, | ||||||
5 | treatment costs, new technology, medical care | ||||||
6 | reimbursement, and physician education. | ||||||
7 | (4) To identify priority strategies, new technologies, | ||||||
8 | and newly introduced vaccines that are effective in | ||||||
9 | preventing and controlling the risk of cervical cancer. | ||||||
10 | (5) To identify and examine the limitations of existing | ||||||
11 | laws, regulations, programs, and services with regard to | ||||||
12 | coverage and awareness issues for cervical cancer, | ||||||
13 | including requiring insurance or other coverage for PAP | ||||||
14 | smears and mammograms in accordance with the most recently | ||||||
15 | published American Cancer Society guidelines. | ||||||
16 | (6) To develop a statewide comprehensive Cervical | ||||||
17 | Cancer Prevention Plan and strategies for implementing the | ||||||
18 | Plan and for promoting the Plan to the general public, | ||||||
19 | State and local elected officials, and various public and | ||||||
20 | private organizations, associations, businesses, | ||||||
21 | industries, and agencies. | ||||||
22 | (7) To receive and to consider reports and testimony | ||||||
23 | from individuals, local health departments, | ||||||
24 | community-based organizations, voluntary health | ||||||
25 | organizations, and other public and private organizations | ||||||
26 | statewide to learn more about their contributions to |
| |||||||
| |||||||
1 | cervical cancer diagnosis, prevention, and treatment and | ||||||
2 | more about their ideas for improving cervical cancer | ||||||
3 | prevention, diagnosis, and treatment in Illinois. | ||||||
4 | (f) The Task Force shall submit a report to the Governor | ||||||
5 | and the General Assembly by April 1, 2005 and by April 1 of | ||||||
6 | each year thereafter. The report shall include (i) information | ||||||
7 | regarding the progress being made in fulfilling the duties of | ||||||
8 | the Task Force and in developing the Cervical Cancer Prevention | ||||||
9 | Plan and (ii) recommended strategies or actions to reduce the | ||||||
10 | occurrence of cervical cancer and the burdens from cervical | ||||||
11 | cancer suffered by citizens of this State. | ||||||
12 | (g) The Task Force shall expire on April 1, 2009, or upon | ||||||
13 | submission of the Task Force's final report to the Governor and | ||||||
14 | the General Assembly, whichever occurs earlier.
| ||||||
15 | (Source: P.A. 93-956, eff. 8-19-04; revised 12-15-05.) | ||||||
16 | (20 ILCS 2310/2310-371.5) (was 20 ILCS 2310/371) | ||||||
17 | Sec. 2310-371.5
371 . Heartsaver AED Fund; grants. Subject | ||||||
18 | to appropriation, the Department of Public Health has the power | ||||||
19 | to make matching grants from the Heartsaver AED Fund, a special | ||||||
20 | fund created in the State treasury, to any public school, | ||||||
21 | public park district, public college, or public university | ||||||
22 | required to have an Automated External Defibrillator pursuant | ||||||
23 | to the Physical Fitness Facility Medical Emergency | ||||||
24 | Preparedness Act (Colleen O'Sullivan Law). Applicants for AED | ||||||
25 | grants must demonstrate that they have funds to pay 50% of the |
| |||||||
| |||||||
1 | cost of the AED's for which matching grant moneys are sought. | ||||||
2 | Matching grants authorized under this Section shall be limited | ||||||
3 | to one AED per eligible physical fitness facility. The State | ||||||
4 | Treasurer shall accept and deposit into the Fund all gifts, | ||||||
5 | grants, transfers, appropriations, and other amounts from any | ||||||
6 | legal source, public or private, that are designated for | ||||||
7 | deposit into the Fund.
| ||||||
8 | (Source: P.A. 93-1085, eff. 2-14-05; revised 4-9-05.)
| ||||||
9 | (20 ILCS 2310/2310-395) (was 20 ILCS 2310/55.72)
| ||||||
10 | Sec. 2310-395. Task Force on Organ Transplantation.
| ||||||
11 | (a) There is established within the Department a Task
Force
| ||||||
12 | on Organ Transplantation ("the Task Force"). The Task Force | ||||||
13 | shall have the
following 21 members:
| ||||||
14 | (1) The Director, ex officio, or his or her designee.
| ||||||
15 | (2) The Secretary of State, ex officio, or his or her | ||||||
16 | designee.
| ||||||
17 | (3) Four members, appointed one each by the President | ||||||
18 | of the Senate, the
Minority Leader of the Senate, the | ||||||
19 | Speaker of the House of Representatives, and
the Minority | ||||||
20 | Leader of the House of Representatives.
| ||||||
21 | (4) Fifteen members appointed by the Director as
| ||||||
22 | follows: 2 physicians (at least one of whom shall have | ||||||
23 | experience
in organ
transplantation); one representative | ||||||
24 | of medical schools;
one representative of
hospitals; one | ||||||
25 | representative of insurers or self-insurers;
one |
| |||||||
| |||||||
1 | representative
of an organization devoted to organ | ||||||
2 | donation or the coordination of organ
donations; one | ||||||
3 | representative of an organization that deals with
tissue
| ||||||
4 | donation or the coordination of tissue donations;
one | ||||||
5 | representative from the Illinois Department of Healthcare | ||||||
6 | and Family Services
Public Aid ; one
representative from the | ||||||
7 | Illinois Eye
Bank Community; one representative from the | ||||||
8 | Illinois Hospital and Health
Systems
Association; one | ||||||
9 | representative from the Illinois State Coroners | ||||||
10 | Association;
one representative from the Illinois State | ||||||
11 | Medical Society; one representative
from Mid-America | ||||||
12 | Transplantation Services; and
2 members of the general
| ||||||
13 | public who are knowledgeable in areas of the Task Force's | ||||||
14 | work.
| ||||||
15 | (b) The Task Force shall conduct a comprehensive | ||||||
16 | examination of the medical,
legal, ethical, economic, and | ||||||
17 | social issues presented by human organ
procurement and | ||||||
18 | transplantation.
| ||||||
19 | (c) The Task Force shall report its findings and | ||||||
20 | recommendations to the
Governor and the General Assembly on or | ||||||
21 | before January 1, of each year, and
the Task Force's final | ||||||
22 | report shall be filed on or before January 1, 1999. The
report
| ||||||
23 | shall include, but need not be limited to, the following:
| ||||||
24 | (1) An assessment of public and private efforts to | ||||||
25 | procure human organs
for transplantation and an | ||||||
26 | identification of factors that diminish the number
of |
| |||||||
| |||||||
1 | organs available for transplantation.
| ||||||
2 | (2) An assessment of problems in coordinating the | ||||||
3 | procurement of viable
human organs and tissue including | ||||||
4 | skin and bones.
| ||||||
5 | (3) Recommendations for the education and training of | ||||||
6 | health
professionals, including physicians, nurses, and | ||||||
7 | hospital and emergency care
personnel, with respect to | ||||||
8 | organ procurement.
| ||||||
9 | (4) Recommendations for the education of the general | ||||||
10 | public, the clergy,
law enforcement officers, members of | ||||||
11 | local fire departments, and other agencies
and individuals | ||||||
12 | that may be instrumental in affecting organ
procurement.
| ||||||
13 | (5) Recommendations for ensuring equitable access by
| ||||||
14 | patients to organ
transplantation and for ensuring the | ||||||
15 | equitable allocation of
donated organs
among transplant | ||||||
16 | centers and among patients medically qualified for an organ
| ||||||
17 | transplant.
| ||||||
18 | (6) An identification of barriers to the donation of | ||||||
19 | organs to patients
(with special emphasis on pediatric | ||||||
20 | patients), including an assessment of each
of the | ||||||
21 | following:
| ||||||
22 | (A) Barriers to the improved identification of | ||||||
23 | organ donors and their
families and organ recipients.
| ||||||
24 | (B) The number of potential organ donors and their | ||||||
25 | geographical
distribution.
| ||||||
26 | (C) Current health care services provided for |
| |||||||
| |||||||
1 | patients who need organ
transplantation and organ | ||||||
2 | procurement procedures, systems, and programs that
| ||||||
3 | affect those patients.
| ||||||
4 | (D) Cultural factors affecting the facility with | ||||||
5 | respect to the donation
of the organs.
| ||||||
6 | (E) Ethical and economic issues relating to organ | ||||||
7 | transplantation needed
by chronically ill patients.
| ||||||
8 | (7) An analysis of the factors involved in insurance | ||||||
9 | reimbursement for
transplant procedures by private | ||||||
10 | insurers and the public sector.
| ||||||
11 | (8) An analysis of the manner in which organ | ||||||
12 | transplantation technology is
diffused among and adopted | ||||||
13 | by qualified medical centers, including a
specification of | ||||||
14 | the number and geographical distribution of qualified | ||||||
15 | medical
centers using that technology and an assessment of | ||||||
16 | whether the number of
centers using that technology is | ||||||
17 | sufficient or excessive and whether the public
has | ||||||
18 | sufficient access to medical procedures using that | ||||||
19 | technology.
| ||||||
20 | (9) Recommendations for legislative changes necessary | ||||||
21 | to make organ
transplants more readily available to | ||||||
22 | Illinois citizens.
| ||||||
23 | (d) The Director of Public Health shall review the progress | ||||||
24 | of the Task
Force to determine the need for its continuance, | ||||||
25 | and the Director shall report
this determination to the | ||||||
26 | Governor and the General Assembly on or before
January 1, 1999.
|
| |||||||
| |||||||
1 | (Source: P.A. 91-239, eff. 1-1-00; revised 12-15-05.)
| ||||||
2 | (20 ILCS 2310/2310-445) (was 20 ILCS 2310/55.71)
| ||||||
3 | Sec. 2310-445. Interagency council on health care for
| ||||||
4 | pregnant women and
infants.
| ||||||
5 | (a) On or before January 1, 1994, the Director, in
| ||||||
6 | cooperation with the Director of Public Aid (now Director of | ||||||
7 | Healthcare and Family Services) , the Director of Children and
| ||||||
8 | Family Services, the Director of Alcoholism and Substance | ||||||
9 | Abuse, and the
Director of Insurance, shall develop and submit | ||||||
10 | to the Governor a proposal
for
consolidating all existing | ||||||
11 | health programs required by law for pregnant women
and infants | ||||||
12 | into one comprehensive plan to be implemented by one or
several | ||||||
13 | agencies. The proposal shall:
| ||||||
14 | (1) include a time schedule for implementing the plan;
| ||||||
15 | (2) provide a cost estimate of the plan;
| ||||||
16 | (3) identify federal waivers necessary to implement | ||||||
17 | the plan;
| ||||||
18 | (4) examine innovative programs; and
| ||||||
19 | (5) identify sources of funding for the plan.
| ||||||
20 | (b) The plan developed under subsection (a) shall provide | ||||||
21 | the following
services statewide:
| ||||||
22 | (1) Comprehensive prenatal services for all pregnant | ||||||
23 | women who qualify for
existing programs through the | ||||||
24 | Department of Public Aid
(now Department of Healthcare and | ||||||
25 | Family Services) or the Department of Public Health or any |
| |||||||
| |||||||
1 | other government-funded
programs.
| ||||||
2 | (2) Comprehensive medical care for all infants under 1 | ||||||
3 | year of
age.
| ||||||
4 | (3) A case management system under which each family | ||||||
5 | with a child under
the plan is assigned a case manager and | ||||||
6 | under which every reasonable effort is
made to assure | ||||||
7 | continuity of case management and access to other | ||||||
8 | appropriate
social services.
| ||||||
9 | (4) Services regardless of and fees for services based | ||||||
10 | on clients'
ability to pay.
| ||||||
11 | (Source: P.A. 91-239, eff. 1-1-00; revised 12-15-05.)
| ||||||
12 | (20 ILCS 2310/2310-610) | ||||||
13 | Sec. 2310-610. Rules; public health preparedness. The | ||||||
14 | Department shall adopt and implement rules, contact lists, and | ||||||
15 | response plans governing public health preparedness and | ||||||
16 | response.
| ||||||
17 | (Source: P.A. 93-829, eff. 7-28-04.) | ||||||
18 | (20 ILCS 2310/2310-630) | ||||||
19 | Sec. 2310-630
2310-610 . Influenza vaccinations. | ||||||
20 | (a) As used in this Section, "eligible individual" means a | ||||||
21 | resident of Illinois who:
(1) is not entitled to receive an | ||||||
22 | influenza vaccination at no cost as a benefit under a plan of | ||||||
23 | health insurance, a managed care plan, or a plan provided by a | ||||||
24 | health maintenance organization, a health services plan |
| |||||||
| |||||||
1 | corporation, or a similar entity; and
(2) meets the | ||||||
2 | requirements established by the Department of Public Health by | ||||||
3 | rule. | ||||||
4 | (b) Subject to appropriation, the Department of Public | ||||||
5 | Health shall establish and administer a program under which any | ||||||
6 | eligible individual shall, upon the eligible individual's | ||||||
7 | request, receive an influenza vaccination once each year at no | ||||||
8 | cost to the eligible individual. | ||||||
9 | (c) The Department of Public Health shall adopt rules for | ||||||
10 | the administration and operation of the program, including but | ||||||
11 | not limited to: determination of the influenza vaccine | ||||||
12 | formulation to be administered and the method of | ||||||
13 | administration; eligibility requirements and eligibility | ||||||
14 | determinations; and standards and criteria for acquisition and | ||||||
15 | distribution of influenza vaccine and related supplies. The | ||||||
16 | Department may enter into contracts or agreements with public | ||||||
17 | or private entities for the performance of such duties under | ||||||
18 | the program as the Department may deem appropriate to carry out | ||||||
19 | this Section and its rules adopted under this Section.
| ||||||
20 | (Source: P.A. 93-943, eff. 1-1-05; revised 11-5-04.) | ||||||
21 | Section 215. The Disabled Persons Rehabilitation Act is | ||||||
22 | amended by changing Section 3 as follows:
| ||||||
23 | (20 ILCS 2405/3) (from Ch. 23, par. 3434)
| ||||||
24 | Sec. 3. Powers and duties. The Department shall have the |
| |||||||
| |||||||
1 | powers and
duties enumerated
herein:
| ||||||
2 | (a) To co-operate with the federal government in the | ||||||
3 | administration
of the provisions of the federal Rehabilitation | ||||||
4 | Act of 1973, as amended,
of the Workforce Investment Act of | ||||||
5 | 1998,
and of the federal Social Security Act to the extent and | ||||||
6 | in the manner
provided in these Acts.
| ||||||
7 | (b) To prescribe and supervise such courses of vocational | ||||||
8 | training
and provide such other services as may be necessary | ||||||
9 | for the habilitation
and rehabilitation of persons with one or | ||||||
10 | more disabilities, including the
administrative activities | ||||||
11 | under subsection (e) of this Section, and to
co-operate with | ||||||
12 | State and local school authorities and other recognized
| ||||||
13 | agencies engaged in habilitation, rehabilitation and | ||||||
14 | comprehensive
rehabilitation services; and to cooperate with | ||||||
15 | the Department of Children
and Family Services regarding the | ||||||
16 | care and education of children with one
or more disabilities.
| ||||||
17 | (c) (Blank).
| ||||||
18 | (d) To report in writing, to the Governor, annually on or | ||||||
19 | before the
first day of December, and at such other times and | ||||||
20 | in such manner and
upon such subjects as the Governor may | ||||||
21 | require. The annual report shall
contain (1) a statement of the | ||||||
22 | existing condition of comprehensive
rehabilitation services, | ||||||
23 | habilitation and rehabilitation in the State;
(2) a statement | ||||||
24 | of suggestions and recommendations with reference to the
| ||||||
25 | development of comprehensive rehabilitation services, | ||||||
26 | habilitation and
rehabilitation in the State; and (3) an |
| |||||||
| |||||||
1 | itemized statement of the
amounts of money received from | ||||||
2 | federal, State and other sources, and of
the objects and | ||||||
3 | purposes to which the respective items of these several
amounts | ||||||
4 | have been devoted.
| ||||||
5 | (e) (Blank).
| ||||||
6 | (f) To establish a program of services to prevent | ||||||
7 | unnecessary
institutionalization of persons with Alzheimer's | ||||||
8 | disease and related
disorders or persons in need of long term | ||||||
9 | care who are established as blind
or disabled as defined by the | ||||||
10 | Social Security Act, thereby enabling them to
remain in their | ||||||
11 | own homes or other living arrangements. Such preventive
| ||||||
12 | services may include, but are not limited to, any or all of the | ||||||
13 | following:
| ||||||
14 | (1) home health services;
| ||||||
15 | (2) home nursing services;
| ||||||
16 | (3) homemaker services;
| ||||||
17 | (4) chore and housekeeping services;
| ||||||
18 | (5) day care services;
| ||||||
19 | (6) home-delivered meals;
| ||||||
20 | (7) education in self-care;
| ||||||
21 | (8) personal care services;
| ||||||
22 | (9) adult day health services;
| ||||||
23 | (10) habilitation services;
| ||||||
24 | (11) respite care; or
| ||||||
25 | (12) other nonmedical social services that may enable | ||||||
26 | the person to
become self-supporting.
|
| |||||||
| |||||||
1 | The Department shall establish eligibility
standards for | ||||||
2 | such services taking into consideration the unique
economic and | ||||||
3 | social needs of the population for whom they are to
be | ||||||
4 | provided. Such eligibility standards may be based on the | ||||||
5 | recipient's
ability to pay for services; provided, however, | ||||||
6 | that any portion of a
person's income that is equal to or less | ||||||
7 | than the "protected income" level
shall not be considered by | ||||||
8 | the Department in determining eligibility. The
"protected | ||||||
9 | income" level shall be determined by the Department, shall | ||||||
10 | never be
less than the federal poverty standard, and shall be | ||||||
11 | adjusted each year to
reflect changes in the Consumer Price | ||||||
12 | Index For All Urban Consumers as
determined by the United | ||||||
13 | States Department of Labor. The standards must
provide that a | ||||||
14 | person may have not more than $10,000 in assets to be eligible | ||||||
15 | for the services, and the Department may increase the asset | ||||||
16 | limitation by rule. Additionally, in
determining the amount and | ||||||
17 | nature of services for which a person may qualify,
| ||||||
18 | consideration shall not be given to the value of cash, property | ||||||
19 | or other assets
held in the name of the person's spouse | ||||||
20 | pursuant to a written agreement
dividing marital property into | ||||||
21 | equal but separate shares or pursuant to a
transfer of the | ||||||
22 | person's interest in a home to his spouse, provided that the
| ||||||
23 | spouse's share of the marital property is not made available to | ||||||
24 | the person
seeking such services.
| ||||||
25 | The services shall be provided to eligible persons
to | ||||||
26 | prevent unnecessary or premature institutionalization, to
the |
| |||||||
| |||||||
1 | extent that the cost of the services, together with the
other | ||||||
2 | personal maintenance expenses of the persons, are reasonably
| ||||||
3 | related to the standards established for care in a group | ||||||
4 | facility
appropriate to their condition. These | ||||||
5 | non-institutional
services, pilot projects or experimental | ||||||
6 | facilities may be provided as part of
or in addition to those | ||||||
7 | authorized by federal law or those funded and
administered by | ||||||
8 | the Illinois Department on Aging.
| ||||||
9 | Personal care attendants shall be paid:
| ||||||
10 | (i) A $5 per hour minimum rate beginning July 1, 1995.
| ||||||
11 | (ii) A $5.30 per hour minimum rate beginning July 1, | ||||||
12 | 1997.
| ||||||
13 | (iii) A $5.40 per hour minimum rate beginning July 1, | ||||||
14 | 1998.
| ||||||
15 | Solely for the purposes of coverage under the Illinois | ||||||
16 | Public Labor
Relations
Act
(5 ILCS 315/), personal care | ||||||
17 | attendants and personal assistants providing
services under
| ||||||
18 | the Department's Home Services Program shall be considered to | ||||||
19 | be public
employees
and the State of Illinois shall be | ||||||
20 | considered to be their employer as of the
effective date of
| ||||||
21 | this amendatory Act of the 93rd General Assembly, but not | ||||||
22 | before. The State
shall
engage in collective bargaining with an | ||||||
23 | exclusive representative of personal
care
attendants and | ||||||
24 | personal assistants working under the Home Services Program
| ||||||
25 | concerning
their terms and conditions of employment that are | ||||||
26 | within the State's control.
Nothing in
this paragraph shall be |
| |||||||
| |||||||
1 | understood to limit the right of the persons receiving
services
| ||||||
2 | defined in this Section to hire and fire personal care | ||||||
3 | attendants and
personal assistants
or supervise them within the | ||||||
4 | limitations set by the Home Services Program. The
State
shall | ||||||
5 | not be considered to be the employer of personal care | ||||||
6 | attendants and
personal
assistants for any purposes not | ||||||
7 | specifically provided in this amendatory Act of
the 93rd
| ||||||
8 | General Assembly, including but not limited to, purposes of | ||||||
9 | vicarious liability
in tort and
purposes of statutory | ||||||
10 | retirement or health insurance benefits. Personal care
| ||||||
11 | attendants
and personal assistants shall not be covered by the | ||||||
12 | State Employees Group
Insurance Act
of 1971 (5 ILCS 375/).
| ||||||
13 | The Department shall execute, relative to the nursing home | ||||||
14 | prescreening
project, as authorized by Section 4.03 of the | ||||||
15 | Illinois Act on the Aging,
written inter-agency agreements with | ||||||
16 | the Department on Aging and
the Department of Public Aid (now | ||||||
17 | Department of Healthcare and Family Services) , to effect the | ||||||
18 | following: (i) intake procedures
and common eligibility | ||||||
19 | criteria for those persons who are receiving
non-institutional | ||||||
20 | services; and (ii) the establishment and development of
| ||||||
21 | non-institutional services in areas of the State where they are | ||||||
22 | not
currently available or are undeveloped. On and after July | ||||||
23 | 1, 1996, all nursing
home prescreenings for individuals 18 | ||||||
24 | through 59 years of age shall be
conducted by the Department.
| ||||||
25 | The Department is authorized to establish a system of | ||||||
26 | recipient cost-sharing
for services provided under this |
| |||||||
| |||||||
1 | Section. The cost-sharing shall be based upon
the recipient's | ||||||
2 | ability to pay for services, but in no case shall the
| ||||||
3 | recipient's share exceed the actual cost of the services | ||||||
4 | provided. Protected
income shall not be considered by the | ||||||
5 | Department in its determination of the
recipient's ability to | ||||||
6 | pay a share of the cost of services. The level of
cost-sharing | ||||||
7 | shall be adjusted each year to reflect changes in the | ||||||
8 | "protected
income" level. The Department shall deduct from the | ||||||
9 | recipient's share of the
cost of services any money expended by | ||||||
10 | the recipient for disability-related
expenses.
| ||||||
11 | The Department, or the Department's authorized | ||||||
12 | representative, shall recover
the amount of moneys expended for | ||||||
13 | services provided to or in behalf of a person
under this | ||||||
14 | Section by a claim against the person's estate or against the | ||||||
15 | estate
of the person's surviving spouse, but no recovery may be | ||||||
16 | had until after the
death of the surviving spouse, if any, and | ||||||
17 | then only at such time when there is
no surviving child who is | ||||||
18 | under age 21, blind, or permanently and totally
disabled. This | ||||||
19 | paragraph, however, shall not bar recovery, at the death of the
| ||||||
20 | person, of moneys for services provided to the person or in | ||||||
21 | behalf of the
person under this Section to which the person was | ||||||
22 | not entitled; provided that
such recovery shall not be enforced | ||||||
23 | against any real estate while
it is occupied as a homestead by | ||||||
24 | the surviving spouse or other dependent, if no
claims by other | ||||||
25 | creditors have been filed against the estate, or, if such
| ||||||
26 | claims have been filed, they remain dormant for failure of |
| |||||||
| |||||||
1 | prosecution or
failure of the claimant to compel administration | ||||||
2 | of the estate for the purpose
of payment. This paragraph shall | ||||||
3 | not bar recovery from the estate of a spouse,
under Sections | ||||||
4 | 1915 and 1924 of the Social Security Act and Section 5-4 of the
| ||||||
5 | Illinois Public Aid Code, who precedes a person receiving | ||||||
6 | services under this
Section in death. All moneys for services
| ||||||
7 | paid to or in behalf of the person under this Section shall be | ||||||
8 | claimed for
recovery from the deceased spouse's estate. | ||||||
9 | "Homestead", as used in this
paragraph, means the dwelling | ||||||
10 | house and
contiguous real estate occupied by a surviving spouse | ||||||
11 | or relative, as defined
by the rules and regulations of the | ||||||
12 | Illinois Department of Healthcare and Family Services
Public | ||||||
13 | Aid ,
regardless of the value of the property.
| ||||||
14 | The Department and the Department on Aging shall cooperate
| ||||||
15 | in the development and submission of an annual report on | ||||||
16 | programs and
services provided under this Section. Such joint | ||||||
17 | report shall be filed
with the Governor and the General | ||||||
18 | Assembly on or before March
30
each year.
| ||||||
19 | The requirement for reporting to the General Assembly shall | ||||||
20 | be satisfied
by filing copies of the report with the Speaker, | ||||||
21 | the Minority Leader and
the Clerk of the House of | ||||||
22 | Representatives and the President, the Minority
Leader and the | ||||||
23 | Secretary of the Senate and the Legislative Research Unit,
as | ||||||
24 | required by Section 3.1 of the General Assembly Organization | ||||||
25 | Act, and filing
additional copies with the State
Government | ||||||
26 | Report Distribution Center for the General Assembly as
required |
| |||||||
| |||||||
1 | under paragraph (t) of Section 7 of the State Library Act.
| ||||||
2 | (g) To establish such subdivisions of the Department
as | ||||||
3 | shall be desirable and assign to the various subdivisions the
| ||||||
4 | responsibilities and duties placed upon the Department by law.
| ||||||
5 | (h) To cooperate and enter into any necessary agreements | ||||||
6 | with the
Department of Employment Security for the provision of | ||||||
7 | job placement and
job referral services to clients of the | ||||||
8 | Department, including job
service registration of such clients | ||||||
9 | with Illinois Employment Security
offices and making job | ||||||
10 | listings maintained by the Department of Employment
Security | ||||||
11 | available to such clients.
| ||||||
12 | (i) To possess all powers reasonable and necessary for
the | ||||||
13 | exercise and administration of the powers, duties and
| ||||||
14 | responsibilities of the Department which are provided for by | ||||||
15 | law.
| ||||||
16 | (j) To establish a procedure whereby new providers of
| ||||||
17 | personal care attendant services shall submit vouchers to the | ||||||
18 | State for
payment two times during their first month of | ||||||
19 | employment and one time per
month thereafter. In no case shall | ||||||
20 | the Department pay personal care
attendants an hourly wage that | ||||||
21 | is less than the federal minimum wage.
| ||||||
22 | (k) To provide adequate notice to providers of chore and | ||||||
23 | housekeeping
services informing them that they are entitled to | ||||||
24 | an interest payment on
bills which are not promptly paid | ||||||
25 | pursuant to Section 3 of the State Prompt
Payment Act.
| ||||||
26 | (l) To establish, operate and maintain a Statewide Housing |
| |||||||
| |||||||
1 | Clearinghouse
of information on available, government | ||||||
2 | subsidized housing accessible to
disabled persons and | ||||||
3 | available privately owned housing accessible to
disabled | ||||||
4 | persons. The information shall include but not be limited to | ||||||
5 | the
location, rental requirements, access features and | ||||||
6 | proximity to public
transportation of available housing. The | ||||||
7 | Clearinghouse shall consist
of at least a computerized database | ||||||
8 | for the storage and retrieval of
information and a separate or | ||||||
9 | shared toll free telephone number for use by
those seeking | ||||||
10 | information from the Clearinghouse. Department offices and
| ||||||
11 | personnel throughout the State shall also assist in the | ||||||
12 | operation of the
Statewide Housing Clearinghouse. Cooperation | ||||||
13 | with local, State and federal
housing managers shall be sought | ||||||
14 | and extended in order to frequently and
promptly update the | ||||||
15 | Clearinghouse's information.
| ||||||
16 | (m) To assure that the names and case records of persons | ||||||
17 | who received or
are
receiving services from the Department, | ||||||
18 | including persons receiving vocational
rehabilitation, home | ||||||
19 | services, or other services, and those attending one of
the | ||||||
20 | Department's schools or other supervised facility shall be | ||||||
21 | confidential and
not be open to the general public. Those case | ||||||
22 | records and reports or the
information contained in those | ||||||
23 | records and reports shall be disclosed by the
Director only to | ||||||
24 | proper law enforcement officials, individuals authorized by a
| ||||||
25 | court, the General Assembly or any committee or commission of | ||||||
26 | the General
Assembly, and other persons and for reasons as the |
| |||||||
| |||||||
1 | Director designates by rule.
Disclosure by the Director may be | ||||||
2 | only in accordance with other applicable
law.
| ||||||
3 | (Source: P.A. 93-204, eff. 7-16-03; 94-252, eff. 1-1-06; | ||||||
4 | revised 12-15-05.)
| ||||||
5 | Section 220. The Disabilities Services Act of 2003 is | ||||||
6 | amended by changing Sections 10 and 20 as follows: | ||||||
7 | (20 ILCS 2407/10)
| ||||||
8 | Sec. 10. Application of Act; definitions.
| ||||||
9 | (a) This Act
applies to persons with disabilities. The | ||||||
10 | disabilities included are
defined for purposes of this Act as | ||||||
11 | follows:
| ||||||
12 | "Disability" means a disability as defined by the Americans
| ||||||
13 | with Disabilities Act of 1990 that is attributable to a
| ||||||
14 | developmental disability, a mental illness, or a physical
| ||||||
15 | disability, or combination of those.
| ||||||
16 | "Developmental disability" means a disability that is
| ||||||
17 | attributable to mental retardation or a related condition. A
| ||||||
18 | related condition must meet all of the following conditions:
| ||||||
19 | (1) It must be attributable to cerebral palsy,
| ||||||
20 | epilepsy, or any other condition (other than
mental | ||||||
21 | illness) found to be closely related to mental
retardation | ||||||
22 | because that condition results in impairment of
general | ||||||
23 | intellectual functioning or adaptive behavior similar
to | ||||||
24 | that of individuals with mental retardation, and requires
|
| |||||||
| |||||||
1 | treatment or services similar to those required for those
| ||||||
2 | individuals. For purposes of this Section, autism is | ||||||
3 | considered a related
condition.
| ||||||
4 | (2) It must be manifested before the individual reaches
| ||||||
5 | age 22.
| ||||||
6 | (3) It must be likely to continue indefinitely.
| ||||||
7 | (4) It must result in substantial functional
| ||||||
8 | limitations in 3 or more of the following areas of major | ||||||
9 | life
activity: self-care, language, learning, mobility, | ||||||
10 | self-direction, and capacity
for independent living.
| ||||||
11 | "Mental Illness" means a mental or emotional disorder
| ||||||
12 | verified by a diagnosis contained in the
Diagnostic and | ||||||
13 | Statistical Manual of Mental Disorders-Fourth Edition, | ||||||
14 | published
by the American Psychiatric Association (DSM-IV), or | ||||||
15 | its successor, or
International Classification of Diseases, | ||||||
16 | 9th Revision, Clinical Modification
(ICD-9-CM), or its | ||||||
17 | successor, that
substantially impairs a person's cognitive, | ||||||
18 | emotional, or
behavioral functioning, or any combination of | ||||||
19 | those, excluding
(i) conditions that may be the focus of | ||||||
20 | clinical attention but are not of
sufficient duration or | ||||||
21 | severity to be categorized as a mental illness, such as
| ||||||
22 | parent-child relational problems, partner-relational problems, | ||||||
23 | sexual abuse of
a child, bereavement, academic problems, | ||||||
24 | phase-of-life problems, and
occupational problems | ||||||
25 | (collectively, "V codes"), (ii) organic disorders such as
| ||||||
26 | substance intoxication dementia, substance withdrawal |
| |||||||
| |||||||
1 | dementia, Alzheimer's
disease, vascular dementia, dementia due | ||||||
2 | to HIV infection, and dementia due to
Creutzfeld-Jakob disease
| ||||||
3 | and disorders associated with
known or unknown physical | ||||||
4 | conditions such as hallucinosis
hallucinasis , amnestic
| ||||||
5 | disorders and delirium, and psychoactive substance-induced | ||||||
6 | organic
disorders, and (iii) mental retardation or | ||||||
7 | psychoactive substance use
disorders.
| ||||||
8 | "Mental retardation" means significantly sub-average | ||||||
9 | general
intellectual functioning existing concurrently with | ||||||
10 | deficits in
adaptive behavior and manifested before the age of | ||||||
11 | 22 years.
| ||||||
12 | "Physical disability" means a disability as defined by the
| ||||||
13 | Americans with Disabilities Act of 1990 that meets the | ||||||
14 | following
criteria:
| ||||||
15 | (1) It is attributable to a physical impairment.
| ||||||
16 | (2) It results in a substantial functional limitation
| ||||||
17 | in any of the following areas of major life activity:
(i) | ||||||
18 | self-care, (ii) receptive and expressive language, (iii)
| ||||||
19 | learning, (iv) mobility, (v) self-direction, (vi) capacity
| ||||||
20 | for independent living, and (vii) economic sufficiency.
| ||||||
21 | (3) It reflects the person's need for a combination and
| ||||||
22 | sequence of special, interdisciplinary, or general care,
| ||||||
23 | treatment, or other services that are of lifelong or of
| ||||||
24 | extended duration and must be individually planned and
| ||||||
25 | coordinated.
| ||||||
26 | (b) In this Act:
|
| |||||||
| |||||||
1 | "Chronological age-appropriate services" means services, | ||||||
2 | activities,
and strategies for persons with disabilities that | ||||||
3 | are
representative of the lifestyle activities of nondisabled | ||||||
4 | peers of similar
age in the community.
| ||||||
5 | "Comprehensive evaluation" means procedures used by | ||||||
6 | qualified professionals
selectively with an individual to
| ||||||
7 | determine whether a person has a disability and the nature
and | ||||||
8 | extent of the services that the person with a disability
needs.
| ||||||
9 | "Department" means the Department on Aging, the Department | ||||||
10 | of Human Services,
the Department of Public Health, the | ||||||
11 | Department of
Public Aid (now Department Healthcare and Family | ||||||
12 | Services) , the University of Illinois Division of Specialized | ||||||
13 | Care for
Children, the Department of Children and Family | ||||||
14 | Services, and the Illinois
State
Board of Education, where | ||||||
15 | appropriate, as designated in the implementation plan
| ||||||
16 | developed under Section 20.
| ||||||
17 | "Family" means a natural, adoptive, or foster parent or | ||||||
18 | parents or
other person or persons responsible for the care of | ||||||
19 | an individual with a
disability in a family setting.
| ||||||
20 | "Family or individual support" means those resources and | ||||||
21 | services
that are necessary to maintain an individual with a
| ||||||
22 | disability within the family home or his or her own home. These | ||||||
23 | services may
include, but are not
limited to, cash subsidy, | ||||||
24 | respite care, and counseling services.
| ||||||
25 | "Independent service coordination" means a social service | ||||||
26 | that enables
persons
with developmental disabilities and their |
| |||||||
| |||||||
1 | families to locate, use, and
coordinate resources
and
| ||||||
2 | opportunities in their communities on the basis of individual | ||||||
3 | need. Independent
service
coordination is independent of | ||||||
4 | providers of services and funding sources and is
designed
to | ||||||
5 | ensure accessibility, continuity of care, and accountability | ||||||
6 | and to maximize
the
potential of persons with developmental | ||||||
7 | disabilities for independence,
productivity, and
integration | ||||||
8 | into
the community. Independent service coordination includes, | ||||||
9 | at a minimum: (i)
outreach to
identify eligible individuals; | ||||||
10 | (ii) assessment and periodic reassessment to
determine each
| ||||||
11 | individual's strengths, functional limitations, and need for | ||||||
12 | specific services;
(iii)
participation in the development of a | ||||||
13 | comprehensive individual service or
treatment plan;
(iv) | ||||||
14 | referral to and linkage with needed services and supports; (v) | ||||||
15 | monitoring
to ensure
the delivery of appropriate services and | ||||||
16 | to determine individual progress in
meeting goals
and | ||||||
17 | objectives; and (vi) advocacy to assist the person in obtaining | ||||||
18 | all
services for which
he or she is eligible or entitled.
| ||||||
19 | "Individual service or treatment plan" means a recorded | ||||||
20 | assessment of the
needs
of a person with a disability, a | ||||||
21 | description of the services
recommended, the goals of each type | ||||||
22 | of element of service, an anticipated
timetable for the | ||||||
23 | accomplishment of the goals, and a designation of the
qualified | ||||||
24 | professionals responsible for the implementation of the plan.
| ||||||
25 | "Least restrictive environment" means an environment that
| ||||||
26 | represents the least departure from the normal patterns of |
| |||||||
| |||||||
1 | living and that
effectively meets the needs of the person | ||||||
2 | receiving the service.
| ||||||
3 | (Source: P.A. 93-638, eff. 12-31-03; revised 12-15-05.) | ||||||
4 | (20 ILCS 2407/20)
| ||||||
5 | Sec. 20. Implementation.
| ||||||
6 | (a) The Governor shall appoint an advisory committee to | ||||||
7 | assist in the
development and implementation of a Disabilities | ||||||
8 | Services Implementation Plan
that will
ensure compliance by the | ||||||
9 | State of Illinois with the Americans with Disabilities
Act and
| ||||||
10 | the decision in Olmstead v. L.C., 119 S.Ct. 2176 (1999). The | ||||||
11 | advisory committee
shall
be known as the Illinois Disabilities | ||||||
12 | Services Advisory Committee and shall be
composed
of no more | ||||||
13 | than 33 members, including: persons who have a physical | ||||||
14 | disability,
a developmental disability, or a mental illness;
| ||||||
15 | senior citizens; advocates for
persons with
physical | ||||||
16 | disabilities; advocates
for persons
with developmental | ||||||
17 | disabilities;
advocates
for persons with mental illness;
| ||||||
18 | advocates
for senior citizens; representatives of
providers of
| ||||||
19 | services to persons with physical disabilities, developmental | ||||||
20 | disabilities, and
mental
illness; representatives of providers | ||||||
21 | of
services to
senior citizens; and representatives of | ||||||
22 | organized labor.
| ||||||
23 | In addition, the following State officials shall serve on | ||||||
24 | the committee as
ex-officio
non-voting members: the Secretary | ||||||
25 | of Human Services or his or her designee; the
State
|
| |||||||
| |||||||
1 | Superintendent of Education or his or her designee; the | ||||||
2 | Director of Aging or
his or her
designee; the Executive | ||||||
3 | Director of the Illinois Housing Development Authority
or his | ||||||
4 | or
her designee; the Director of Public Aid (now Director of | ||||||
5 | Healthcare and Family Services) or his or her designee; and the
| ||||||
6 | Director of
Employment Security or his or her designee.
| ||||||
7 | The advisory committee shall select officers, including a | ||||||
8 | chair and a
vice-chair.
| ||||||
9 | The advisory committee shall meet at least quarterly and | ||||||
10 | shall keep official
meeting
minutes. Committee members shall | ||||||
11 | not be compensated but shall be paid for their
expenses
related | ||||||
12 | to attendance at meetings.
| ||||||
13 | (b) The implementation plan must include, but need
not be | ||||||
14 | limited to, the following:
| ||||||
15 | (1) Establishing procedures for
completing | ||||||
16 | comprehensive evaluations, including provisions for | ||||||
17 | Department
review
and
approval of need determinations. The | ||||||
18 | Department may utilize independent
evaluators and targeted | ||||||
19 | or sample reviews during this review and approval
process, | ||||||
20 | as it deems appropriate.
| ||||||
21 | (2) Establishing procedures for the development of
an | ||||||
22 | individual service or treatment plan for each person with a | ||||||
23 | disability,
including
provisions for Department review and | ||||||
24 | authorization.
| ||||||
25 | (3) Identifying
core services to be provided by | ||||||
26 | agencies of the State of Illinois or other
agencies.
|
| |||||||
| |||||||
1 | (4) Establishing minimum
standards for individualized | ||||||
2 | services.
| ||||||
3 | (5) Establishing minimum
standards for residential | ||||||
4 | services in the least restrictive environment.
| ||||||
5 | (6) Establishing minimum standards for vocational | ||||||
6 | services.
| ||||||
7 | (7) Establishing
due
process hearing procedures.
| ||||||
8 | (8) Establishing minimum standards for family
support | ||||||
9 | services.
| ||||||
10 | (9) Securing financial resources necessary to fulfill | ||||||
11 | the
purposes and requirements of this Act, including but | ||||||
12 | not limited
to obtaining approval and implementing waivers | ||||||
13 | or demonstrations
authorized under federal law.
| ||||||
14 | (c) The Governor, with the
assistance of the Illinois | ||||||
15 | Disabilities Services Advisory Committee and the
Secretary of | ||||||
16 | Human Services, is
responsible for the completion of the | ||||||
17 | implementation plan. The
Governor must
submit a report to
the | ||||||
18 | General Assembly by November 1, 2004, which must include the | ||||||
19 | following:
| ||||||
20 | (1) The implementation plan.
| ||||||
21 | (2) A description of current and planned programs and | ||||||
22 | services necessary
to meet the requirements of the | ||||||
23 | individual service or treatment plans required
by this Act,
| ||||||
24 | together with the
actions to be taken by the
State of | ||||||
25 | Illinois to ensure that those plans will be implemented.
| ||||||
26 | This description shall include a report of related program |
| |||||||
| |||||||
1 | and
service improvements or expansions implemented by the | ||||||
2 | Department
since the effective date of this Act.
| ||||||
3 | (3) The estimated costs
of current and planned programs | ||||||
4 | and services to be provided
under the implementation plan.
| ||||||
5 | (4) A report
on the number of persons with
disabilities | ||||||
6 | who may be eligible to receive services
under this Act, | ||||||
7 | together with a
report on the number of persons who are | ||||||
8 | currently receiving those
services.
| ||||||
9 | (5) Any proposed
changes in State policies, laws, or | ||||||
10 | regulations
necessary
to fulfill the purposes and | ||||||
11 | requirements of this
Act.
| ||||||
12 | (d) The Governor, with the assistance of the Secretary of
| ||||||
13 | Human Services, shall annually update the implementation plan
| ||||||
14 | and report changes to the General Assembly by July 1 of each | ||||||
15 | year. Initial
implementation of the plan is required by July 1, | ||||||
16 | 2005. The requirement of
annual updates and reports expires in | ||||||
17 | 2008, unless otherwise extended by the
General Assembly.
| ||||||
18 | (Source: P.A. 93-638, eff. 12-31-03; revised 12-15-05.) | ||||||
19 | Section 225. The Department of Revenue Law of the
Civil | ||||||
20 | Administrative Code of Illinois is amended by changing Sections | ||||||
21 | 2505-65 and 2505-650 as follows:
| ||||||
22 | (20 ILCS 2505/2505-65) (was 20 ILCS 2505/39b12)
| ||||||
23 | Sec. 2505-65. Exchange of information.
| ||||||
24 | (a) The Department has the power to exchange with any |
| |||||||
| |||||||
1 | state, with
any local subdivisions of any state, or
with the | ||||||
2 | federal government, except when specifically prohibited by | ||||||
3 | law,
any information that may be necessary to efficient tax
| ||||||
4 | administration and
that may be acquired as a result of the | ||||||
5 | administration of the laws set forth in
the Sections following | ||||||
6 | Section 95-10 and
preceding
Section 2505-60.
| ||||||
7 | (b) The Department has the power to exchange with the | ||||||
8 | Illinois
Department of Healthcare and Family Services
Public | ||||||
9 | Aid
information that may be necessary for the enforcement of | ||||||
10 | child support
orders entered pursuant to the Illinois Public | ||||||
11 | Aid Code, the Illinois Marriage
and
Dissolution of Marriage | ||||||
12 | Act, the Non-Support of Spouse and Children Act, the
| ||||||
13 | Non-Support Punishment Act, the
Revised Uniform Reciprocal | ||||||
14 | Enforcement of Support Act, the
Uniform Interstate Family | ||||||
15 | Support Act, or the Illinois Parentage Act of 1984.
| ||||||
16 | Notwithstanding any provisions in this Code to the contrary, | ||||||
17 | the
Department of Revenue shall not be liable to any person for | ||||||
18 | any disclosure of
information to the Department of Healthcare | ||||||
19 | and Family Services (formerly Illinois Department of Public | ||||||
20 | Aid )
under this subsection (b) or for any other action taken in | ||||||
21 | good faith to comply
with the requirements of this subsection | ||||||
22 | (b).
| ||||||
23 | (Source: P.A. 91-239, eff. 1-1-00; 91-613, eff. 10-1-99;
92-16, | ||||||
24 | eff. 6-28-01; revised 12-15-05.)
| ||||||
25 | (20 ILCS 2505/2505-650) (was 20 ILCS 2505/39b52)
|
| |||||||
| |||||||
1 | Sec. 2505-650. Collection of past due support. Upon | ||||||
2 | certification of past
due child support amounts from the | ||||||
3 | Department of Healthcare and Family Services (formerly
| ||||||
4 | Department of Public Aid ) , the Department of
Revenue may | ||||||
5 | collect the delinquency in any manner authorized for the | ||||||
6 | collection
of any tax administered by the Department of | ||||||
7 | Revenue. The Department of
Revenue shall notify the Department | ||||||
8 | of Healthcare and Family Services
Public Aid when the | ||||||
9 | delinquency or any
portion of the delinquency has been | ||||||
10 | collected under this Section. Any child
support delinquency | ||||||
11 | collected by the Department of Revenue, including those
amounts | ||||||
12 | that result in overpayment of a child support delinquency, | ||||||
13 | shall be
deposited into the Child Support Enforcement Trust | ||||||
14 | Fund or paid to the
State Disbursement Unit established under | ||||||
15 | Section 10-26 of the Illinois Public
Aid Code, at the direction | ||||||
16 | of the Department of Healthcare and Family Services
Public Aid .
| ||||||
17 | The Department of Revenue may implement this Section through | ||||||
18 | the use of
emergency rules in accordance with Section 5-45 of | ||||||
19 | the Illinois Administrative
Procedure Act. For purposes of the | ||||||
20 | Illinois Administrative Procedure Act, the
adoption of rules to | ||||||
21 | implement this Section shall be considered an emergency
and | ||||||
22 | necessary for the public interest, safety, and welfare.
| ||||||
23 | (Source: P.A. 90-491, eff. 1-1-98; 91-212, eff. 7-20-99; | ||||||
24 | 91-239, eff. 1-1-00;
91-712, eff. 7-1-00; revised 12-15-05.)
| ||||||
25 | Section 230. The Department of State Police Law of the
|
| |||||||
| |||||||
1 | Civil Administrative Code of Illinois is amended by changing | ||||||
2 | Section 2605-377 as follows:
| ||||||
3 | (20 ILCS 2605/2605-377) (was 20 ILCS 2605/55a in part)
| ||||||
4 | Sec. 2605-377. Department of Healthcare and Family | ||||||
5 | Services
Public Aid ; LEADS access.
| ||||||
6 | (a) The Illinois Department of Healthcare and Family | ||||||
7 | Services
Public Aid is an authorized entity under this
Law for | ||||||
8 | the purpose of exchanging information, in the form and manner | ||||||
9 | required
by the Department of State Police, to facilitate the | ||||||
10 | location of individuals
for establishing paternity, and | ||||||
11 | establishing, modifying, and enforcing child
support | ||||||
12 | obligations, pursuant to the Illinois Public Aid Code and Title | ||||||
13 | IV,
Part D of the Social Security Act.
| ||||||
14 | (b) The Illinois Department of Healthcare and Family | ||||||
15 | Services
Public Aid is an authorized entity under
this Section | ||||||
16 | for the purpose of obtaining access to various data | ||||||
17 | repositories
available through LEADS, to facilitate the | ||||||
18 | location of individuals for
establishing paternity, and | ||||||
19 | establishing, modifying, and enforcing child
support | ||||||
20 | obligations, pursuant to the Illinois Public Aid Code and Title | ||||||
21 | IV,
Part D of the Social Security Act. The Department shall | ||||||
22 | enter into an
agreement with the Illinois Department of | ||||||
23 | Healthcare and Family Services
Public Aid consistent with these
| ||||||
24 | purposes.
| ||||||
25 | (Source: P.A. 90-18, eff. 7-1-97; 90-130, eff. 1-1-98; 90-372, |
| |||||||
| |||||||
1 | eff. 7-1-98;
90-590, eff. 1-1-00; 90-655, eff. 7-30-98; 90-793, | ||||||
2 | eff. 8-14-98; 91-239, eff.
1-1-00; 91-760, eff. 1-1-01; revised | ||||||
3 | 12-15-05.)
| ||||||
4 | Section 235. The State Police Act is amended by changing | ||||||
5 | Section 23 as follows:
| ||||||
6 | (20 ILCS 2610/23) (from Ch. 121, par. 307.18d)
| ||||||
7 | Sec. 23. The Director may appoint auxiliary State policemen | ||||||
8 | in
such number as he deems necessary. Such auxiliary policemen | ||||||
9 | shall not be
regular State policemen. Such auxiliary State | ||||||
10 | policemen shall
not supplement members of the regular State | ||||||
11 | police in the performance
of their assigned and normal duties, | ||||||
12 | except as otherwise provided herein.
Such auxiliary State | ||||||
13 | policemen shall only be assigned to perform the following
| ||||||
14 | duties: to aid or direct traffic, to aid in control of natural | ||||||
15 | or man made
disasters, or to aid in case of civil disorder as | ||||||
16 | directed by the commanding
officers. Identification symbols | ||||||
17 | worn by such auxiliary State policemen
shall be different and | ||||||
18 | distinct from those used by State policemen. Such
auxiliary | ||||||
19 | State policemen shall at all times during the performance of | ||||||
20 | their
duties be subject to the direction and control of the | ||||||
21 | commanding officer.
Such auxiliary State policemen shall not | ||||||
22 | carry firearms.
| ||||||
23 | Auxiliary State policemen, prior to entering upon any of | ||||||
24 | their duties,
shall receive a course of training in such police |
| |||||||
| |||||||
1 | procedures as shall be
appropriate in the exercise of the | ||||||
2 | powers conferred upon them, which training
and course of study | ||||||
3 | shall be determined and provided by the Department of
State | ||||||
4 | Police. Prior to the appointment of any auxiliary State | ||||||
5 | policeman
his fingerprints shall be taken and no person shall | ||||||
6 | be appointed as such
auxiliary State policeman if he has been | ||||||
7 | convicted of a felony or other
crime involving moral turpitude.
| ||||||
8 | All auxiliary State policemen shall be between the age of | ||||||
9 | 21 and 60 years,
and shall serve without compensation.
| ||||||
10 | The Line of Duty Compensation Act
"Law Enforcement | ||||||
11 | Officers, Civil Defense Workers, Civil Air Patrol
Members, | ||||||
12 | Paramedics and Firemen Compensation Act", approved September | ||||||
13 | 30,
1969, as now or hereafter amended, shall be applicable to | ||||||
14 | auxiliary State
policemen upon their death in the line of duty | ||||||
15 | described herein.
| ||||||
16 | (Source: P.A. 85-1042; revised 11-15-04.)
| ||||||
17 | Section 240. The Department of Veterans Affairs Act is | ||||||
18 | amended by setting forth and renumbering multiple versions of | ||||||
19 | Section 2e and by changing Section 2.07 as follows:
| ||||||
20 | (20 ILCS 2805/2e)
| ||||||
21 | Sec. 2e. The World War II Illinois Veterans Memorial Fund. | ||||||
22 | There is
created in the State treasury the World War II | ||||||
23 | Illinois Veterans Memorial
Fund. The Department must make | ||||||
24 | grants from the Fund for the construction of a
World War II |
| |||||||
| |||||||
1 | Illinois Veterans Memorial in Springfield, Illinois.
| ||||||
2 | (Source: P.A. 93-131, eff. 7-10-03.)
| ||||||
3 | (20 ILCS 2805/2f)
| ||||||
4 | Sec. 2f
2e . LaSalle Veterans Home capacity.
| ||||||
5 | (a) The Department finds that the Illinois Veterans Home at | ||||||
6 | LaSalle requires
an increase in capacity to better serve the | ||||||
7 | north central region of Illinois
and to accommodate the | ||||||
8 | increasing number of Illinois veterans eligible for
care.
| ||||||
9 | (b) Subject to appropriation, the Department shall | ||||||
10 | increase by at least
80 beds the capacity of the Illinois | ||||||
11 | Veterans Home at LaSalle and shall
request and expend federal | ||||||
12 | grants for this Veterans Home addition.
| ||||||
13 | (Source: P.A. 93-142, eff. 7-10-03; revised 9-24-03.)
| ||||||
14 | (20 ILCS 2805/2.07) (from Ch. 126 1/2, par. 67.07)
| ||||||
15 | Sec. 2.07. The Department shall employ and maintain | ||||||
16 | sufficient and
qualified staff at the veterans' homes to
| ||||||
17 | fulfill the requirements of this Act. The Department shall | ||||||
18 | report to
the General Assembly, by January 1 and July 1 of each | ||||||
19 | year, the number of
staff employed in providing direct patient | ||||||
20 | care at their veterans' homes,
the compliance or noncompliance | ||||||
21 | with staffing standards established by the
United States | ||||||
22 | Department of Veterans Affairs for
such care, and in the event | ||||||
23 | of
noncompliance with such standards, the number of staff | ||||||
24 | required for compliance. For purposes of this Section, a nurse |
| |||||||
| |||||||
1 | who has a license application pending with the State shall not | ||||||
2 | be deemed unqualified by the Department if the nurse is in | ||||||
3 | compliance with 225 ILCS 65/5-15(g) or 225 ILCS 65/5-15(i)
| ||||||
4 | 5-15(i) of the Nursing and Advanced Practice Nursing Act.
| ||||||
5 | All contracts between the State and outside contractors to | ||||||
6 | provide workers
to
staff and service
the Anna
Veterans Home | ||||||
7 | shall be canceled in accordance with the terms of those
| ||||||
8 | contracts. Upon
cancellation, each
worker or staff member shall | ||||||
9 | be offered certified employment status under the
Illinois
| ||||||
10 | Personnel Code with the State of Illinois.
To the extent it is | ||||||
11 | reasonably practicable, the position offered to each person
| ||||||
12 | shall be at the
same facility and
shall
consist of the same | ||||||
13 | duties and hours as previously existed under the
canceled
| ||||||
14 | contract or contracts.
| ||||||
15 | (Source: P.A. 93-597, eff. 8-26-03; 94-703, eff. 6-1-06; | ||||||
16 | revised 9-15-06.)
| ||||||
17 | Section 245. The Nuclear Safety Law of 2004 is amended by | ||||||
18 | changing Section 5 as follows: | ||||||
19 | (20 ILCS 3310/5)
| ||||||
20 | Sec. 5. Cross references. The Illinois Emergency | ||||||
21 | Management Agency shall exercise, administer, and enforce all | ||||||
22 | rights, powers, and duties vested in Department of Nuclear | ||||||
23 | Safety by the following named Acts or Sections of those Acts: | ||||||
24 | (1) The Radiation Protection Act of 1990.
|
| |||||||
| |||||||
1 | (2) The Radioactive Waste Storage Act. | ||||||
2 | (3) (Blank)
The Personnel Radiation Monitoring Act .
| ||||||
3 | (4) The Laser System Act of 1997.
| ||||||
4 | (5) The Illinois Nuclear Safety Preparedness Act.
| ||||||
5 | (6) The Radioactive Waste Compact Enforcement Act.
| ||||||
6 | (7) Illinois Low-Level Radioactive Waste Management | ||||||
7 | Act.
| ||||||
8 | (8) Illinois Nuclear Facility Safety Act.
| ||||||
9 | (9) Radioactive Waste Tracking and Permitting Act.
| ||||||
10 | (10) Radon Industry Licensing Act.
| ||||||
11 | (11) Uranium and Thorium Mill Tailings Control Act.
| ||||||
12 | (Source: P.A. 93-1029, eff. 8-25-04; revised 11-21-05.) | ||||||
13 | Section 250. The Human Skeletal Remains Protection Act is | ||||||
14 | amended by changing Section 2 as follows:
| ||||||
15 | (20 ILCS 3440/2) (from Ch. 127, par. 2662)
| ||||||
16 | Sec. 2. Legislative finding and intentions. The General | ||||||
17 | Assembly
finds that existing laws do not provide equal or | ||||||
18 | adequate protection for all
human graves. There is a real and | ||||||
19 | growing threat to the safety and
sanctity of unregistered and | ||||||
20 | unmarked graves. Numerous incidents in
Illinois have resulted | ||||||
21 | in the desecration of human remains and vandalism to
grave | ||||||
22 | markers. Similar incidents have occurred in neighboring states | ||||||
23 | and
as a result those states have increased their criminal | ||||||
24 | penalties for such
conduct. There is a strong likelihood that |
| |||||||
| |||||||
1 | persons engaged for personal or
financial gain in the mining of | ||||||
2 | prehistoric and historic Indian, pioneer,
and Civil War | ||||||
3 | veteran's graves will move their operations to Illinois to
| ||||||
4 | avoid the increased penalties being imposed in neighboring | ||||||
5 | states. There
is an immediate need for legislation to protect | ||||||
6 | the graves of these earlier
Illinoisans
Illinoians from such | ||||||
7 | desecration. The General Assembly intends to assure
with this | ||||||
8 | Act that all human burials be accorded equal treatment and
| ||||||
9 | respect for human dignity without reference to ethnic origins, | ||||||
10 | cultural
backgrounds or religious affiliations.
| ||||||
11 | The General Assembly also finds that those persons engaged | ||||||
12 | in the
scientific study or collecting of artifacts which
have | ||||||
13 | not been acquired in violation of law are engaged in legitimate | ||||||
14 | and
worthy scientific, educational and recreational | ||||||
15 | activities. This Act is
not intended to interfere with the | ||||||
16 | continued legitimate collecting
activities or studies of such | ||||||
17 | persons; nor is it intended to interfere with
the normal | ||||||
18 | enjoyment of private property owners, farmers, or those engaged
| ||||||
19 | in the development, mining or improvement of real property.
| ||||||
20 | (Source: P.A. 86-151; revised 10-12-05.)
| ||||||
21 | Section 255. The Illinois Finance Authority Act is amended | ||||||
22 | by changing Sections 801-1 and 815-10 as follows:
| ||||||
23 | (20 ILCS 3501/801-1)
| ||||||
24 | Sec. 801-1. Short Title. Articles 801
80 through 845 of |
| |||||||
| |||||||
1 | this Act may
be cited as the Illinois Finance Authority Act. | ||||||
2 | References to "this Act" in
Articles 801 through 845 are | ||||||
3 | references to the Illinois Finance Authority Act.
| ||||||
4 | (Source: P.A. 93-205, eff. 1-1-04; revised 9-16-03.)
| ||||||
5 | (20 ILCS 3501/815-10)
| ||||||
6 | Sec. 815-10. Definitions. The following terms, whenever | ||||||
7 | used or referred
to in this Article, shall have the following | ||||||
8 | meanings ascribed to them, except
where the context clearly | ||||||
9 | requires otherwise:
| ||||||
10 | (a) "Property" means land, parcels or combination of | ||||||
11 | parcels, structures,
and all improvements, easements and | ||||||
12 | franchises . ;
| ||||||
13 | (b) "Redevelopment area" means any property which is a | ||||||
14 | contiguous area
of at least 2 acres but less than 160 acres in | ||||||
15 | the aggregate located within
one and one-half miles of the | ||||||
16 | corporate limits of a municipality and not
included within any | ||||||
17 | municipality, where, (1) if improved, a substantial
proportion | ||||||
18 | of the industrial, commercial and residential buildings or
| ||||||
19 | improvements are detrimental
to the public safety, health, | ||||||
20 | morals or welfare because of a combination of any
of the | ||||||
21 | following factors: age; physical configuration; dilapidation; | ||||||
22 | structural
or economic obsolescence; deterioration; illegal | ||||||
23 | use of individual structures;
presence of structures below | ||||||
24 | minimum code standards; excessive and sustained
vacancies; | ||||||
25 | overcrowding of structures and community facilities; |
| |||||||
| |||||||
1 | inadequate
ventilation, light, sewer, water, transportation | ||||||
2 | and other infrastructure
facilities; inadequate utilities; | ||||||
3 | excessive land coverage; deleterious land use
or layout; | ||||||
4 | depreciation or lack of physical maintenance; and lack of | ||||||
5 | community
planning; or (2) if vacant, the sound utilization of | ||||||
6 | land for industrial
projects is impaired by a combination of 2 | ||||||
7 | or more of the following factors:
obsolete platting of the | ||||||
8 | vacant land; diversity of ownership of such land; tax
and | ||||||
9 | special assessment delinquencies on such land; and | ||||||
10 | deterioration of
structures or site improvements in | ||||||
11 | neighboring areas to the vacant land, or the
area immediately | ||||||
12 | prior to becoming vacant qualified as a redevelopment improved
| ||||||
13 | area; or (3) if an improved area within the boundaries of a | ||||||
14 | development project
is located within the corporate limits of | ||||||
15 | the municipality in which 50% or more
of the structures in the | ||||||
16 | area have an age of 35 years or more, such area does
not | ||||||
17 | qualify under clause (1) but is detrimental to the public | ||||||
18 | safety, health,
morals or welfare and such area may become a | ||||||
19 | redevelopment area pursuant to
clause (1) because of a | ||||||
20 | combination of 3 or more of the factors specified in
clause | ||||||
21 | (1).
| ||||||
22 | (c) "Enterprise" means an individual, corporation, | ||||||
23 | partnership, joint
venture, trust, estate , or unincorporated | ||||||
24 | association . ;
| ||||||
25 | (d) "Development plan" means the comprehensive program of | ||||||
26 | the Authority and
the participating entity to reduce or |
| |||||||
| |||||||
1 | eliminate those conditions the existence
of which qualified the | ||||||
2 | project area as a redevelopment area. Each development
plan | ||||||
3 | shall set forth in writing the program to be undertaken to | ||||||
4 | accomplish such
objectives and shall include, without | ||||||
5 | limitation, estimated development project
costs, the sources | ||||||
6 | of funds to pay costs, the nature and term of any
obligations | ||||||
7 | to be issued, the most recent equalized assessed valuation of
| ||||||
8 | the project area, an estimate as to the equalized assessed | ||||||
9 | valuation after
development and the general land uses to apply | ||||||
10 | in the project area.
| ||||||
11 | (e) "Development project" means any project in furtherance | ||||||
12 | of the objectives
of a development plan, including any building | ||||||
13 | or buildings or building addition
or other structures to be | ||||||
14 | newly constructed, renovated or improved and suitable
for use | ||||||
15 | by an enterprise as an industrial project, and includes the | ||||||
16 | sites and
other rights in the property on which such buildings | ||||||
17 | or structures are located.
| ||||||
18 | (f) "Participating entity" means a municipality, a local | ||||||
19 | industrial
development agency or an enterprise or any | ||||||
20 | combination thereof.
| ||||||
21 | (Source: P.A. 93-205, eff. 1-1-04; revised 10-9-03.)
| ||||||
22 | Section 260. The Illinois African-American Family | ||||||
23 | Commission Act is amended by changing Sections 15, 20, and 25 | ||||||
24 | as follows: |
| |||||||
| |||||||
1 | (20 ILCS 3903/15)
| ||||||
2 | Sec. 15. Purpose and objectives.
| ||||||
3 | (a) The purpose of the Illinois African-American Family | ||||||
4 | Commission is to guide the efforts of and collaborate with the | ||||||
5 | Department on Aging, the Department of Children and Family | ||||||
6 | Services, the Department of Commerce and Economic Opportunity, | ||||||
7 | the Department of Corrections, the Department of Human | ||||||
8 | Services, the Department of Healthcare and Family Services
| ||||||
9 | Public Aid , the Department of Public Health, the Department of | ||||||
10 | Transportation, and others to improve and expand existing human | ||||||
11 | services and educational and community development programs | ||||||
12 | for African-Americans. This will be achieved by:
| ||||||
13 | (1) Monitoring existing legislation and programs | ||||||
14 | designed to address the needs of African-Americans in | ||||||
15 | Illinois;
| ||||||
16 | (2) Assisting State agencies in developing programs, | ||||||
17 | services, public policies, and research strategies that | ||||||
18 | will expand and enhance the social and economic well-being | ||||||
19 | of African-American children and families; and
| ||||||
20 | (3) Facilitating the participation of | ||||||
21 | African-Americans in the development, implementation, and | ||||||
22 | planning of community-based services.
| ||||||
23 | The work of the Illinois African-American Family | ||||||
24 | Commission shall include the use of existing reports, research | ||||||
25 | and planning efforts, procedures, and programs.
| ||||||
26 | (Source: P.A. 93-867, eff. 8-5-04; revised 12-15-05.) |
| |||||||
| |||||||
1 | (20 ILCS 3903/20)
| ||||||
2 | Sec. 20. Appointment; terms. The Illinois African-American | ||||||
3 | Family Commission shall be comprised of 15 members who shall be | ||||||
4 | appointed by the Governor. Each member shall have a working | ||||||
5 | knowledge of human services, community development, and | ||||||
6 | economic public policies in Illinois. The Governor shall | ||||||
7 | appoint the chairperson or chairpersons. | ||||||
8 | The members shall reflect regional representation to | ||||||
9 | ensure that the needs of African-American families and children | ||||||
10 | throughout the State of Illinois are met. The members shall be | ||||||
11 | selected from a variety of disciplines. They shall be | ||||||
12 | representative of a partnership and collaborative effort | ||||||
13 | between public and private agencies, the business sector, and | ||||||
14 | community-based human services organizations.
| ||||||
15 | Members shall serve 3-year terms, except in the case of | ||||||
16 | initial appointments. One-third of initially appointed | ||||||
17 | members, as determined by lot, shall be appointed to 1-year | ||||||
18 | terms; 1/3 shall be appointed to 2-year terms; and 1/3 shall be | ||||||
19 | appointed to 3-year terms, so that the terms are staggered. | ||||||
20 | Members will serve without compensation, but shall be | ||||||
21 | reimbursed for Commission-related expenses.
| ||||||
22 | The Department on Aging, the Department of Children and | ||||||
23 | Family Services, the Department of Commerce and Economic | ||||||
24 | Opportunity, the Department of Corrections, the Department of | ||||||
25 | Human Services, the Department of Healthcare and Family |
| |||||||
| |||||||
1 | Services
Public Aid , the Department of Public Health, and the | ||||||
2 | Department of Transportation shall each appoint a liaison to | ||||||
3 | serve ex-officio on the Commission.
| ||||||
4 | (Source: P.A. 93-867, eff. 8-5-04; revised 12-15-05.) | ||||||
5 | (20 ILCS 3903/25)
| ||||||
6 | Sec. 25. Funding. The African-American Family Commission | ||||||
7 | shall receive funding through appropriations available for its | ||||||
8 | purposes made to the Department on Aging, the Department of | ||||||
9 | Children and Family Services, the Department of Commerce and | ||||||
10 | Economic Opportunity, the Department of Corrections, the | ||||||
11 | Department of Human Services, the Department of Healthcare and | ||||||
12 | Family Services (formerly Department of Public Aid ) , the | ||||||
13 | Department of Public Health, and the Department of | ||||||
14 | Transportation.
| ||||||
15 | (Source: P.A. 93-867, eff. 8-5-04; revised 12-15-05.) | ||||||
16 | Section 265. The Illinois Early Learning Council Act is | ||||||
17 | amended by changing Section 10 as follows:
| ||||||
18 | (20 ILCS 3933/10)
| ||||||
19 | Sec. 10. Membership. The Illinois Early Learning Council | ||||||
20 | shall
include representation from both public and private | ||||||
21 | organizations,
and its membership
shall
reflect regional, | ||||||
22 | racial, and cultural diversity to ensure representation of
the | ||||||
23 | needs of all
Illinois children. One member shall be
appointed |
| |||||||
| |||||||
1 | by the President of the Senate, one member
appointed by the | ||||||
2 | Minority Leader of the Senate, one member appointed
by the | ||||||
3 | Speaker of the House of Representatives, one member appointed
| ||||||
4 | by the Minority Leader of the House of Representatives, and | ||||||
5 | other
members appointed by the Governor.
The Governor's | ||||||
6 | appointments shall include without limitation the following:
| ||||||
7 | (1) A leader of stature from the Governor's office, to | ||||||
8 | serve as
co-chairperson of the Council.
| ||||||
9 | (2) The chief administrators of the following State | ||||||
10 | agencies: State Board
of Education; Department of Human | ||||||
11 | Services; Department of Children and
Family Services; | ||||||
12 | Department of Public Health; Department of Healthcare and | ||||||
13 | Family Services
Public Aid ; Board
of Higher Education; and | ||||||
14 | Illinois Community College Board.
| ||||||
15 | (3) Local government stakeholders and nongovernment | ||||||
16 | stakeholders with
an interest in early childhood care and | ||||||
17 | education, including representation
from
the following | ||||||
18 | private-sector fields and constituencies: early childhood
| ||||||
19 | education
and development; child care; child advocacy; | ||||||
20 | parenting support; local community
collaborations among | ||||||
21 | early care and education programs and services; maternal
| ||||||
22 | and child health; children with special needs; business; | ||||||
23 | labor; and law
enforcement. The Governor shall designate | ||||||
24 | one of the members who is a
nongovernment stakeholder to | ||||||
25 | serve as co-chairperson.
| ||||||
26 | In addition, the Governor shall request that the Region V |
| |||||||
| |||||||
1 | office of the U.S.
Department of
Health and Human Services' | ||||||
2 | Administration for Children and Families appoint a
member
to | ||||||
3 | the Council to represent federal children's programs and | ||||||
4 | services.
| ||||||
5 | Members appointed by General Assembly members and members | ||||||
6 | appointed by
the Governor who are local government or | ||||||
7 | nongovernment stakeholders shall serve
3-year terms, except | ||||||
8 | that of the initial appointments, half of these members,
as
| ||||||
9 | determined by lot, shall be appointed to 2-year terms so that | ||||||
10 | terms are
staggered.
Members shall serve on a
voluntary, unpaid | ||||||
11 | basis.
| ||||||
12 | (Source: P.A. 93-380, eff. 7-24-03; revised 12-15-05.)
| ||||||
13 | Section 270. The Human Services 211 Collaboration Board Act | ||||||
14 | is amended by changing Section 10 as follows: | ||||||
15 | (20 ILCS 3956/10)
| ||||||
16 | Sec. 10. Human Services 211 Collaboration Board.
| ||||||
17 | (a) The Human Services 211 Collaboration Board is | ||||||
18 | established to implement a
non-emergency telephone number that | ||||||
19 | will provide human services
information concerning the | ||||||
20 | availability of governmental and non-profit services
and
| ||||||
21 | provide
referrals to human services agencies, which may include | ||||||
22 | referral to an
appropriate web site. The Board shall consist of | ||||||
23 | 9 members
appointed
by the Governor. The Governor shall appoint | ||||||
24 | one representative of each of the
following Offices and |
| |||||||
| |||||||
1 | Departments as a member of the Board: the Office of the
| ||||||
2 | Governor, the Department of Human
Services, the Department of | ||||||
3 | Healthcare and Family Services
Public Aid , the Department of | ||||||
4 | Public Health, the
Department of Children and Family Services, | ||||||
5 | the Department on Aging, the
Department of Employment Security, | ||||||
6 | the Department of Human Rights, and the Illinois Commerce | ||||||
7 | Commission.
The Governor shall designate one of the members as
| ||||||
8 | Chairperson. Members of the Board shall serve 3-year terms and | ||||||
9 | may be
reappointed
to serve additional terms.
| ||||||
10 | (b) The Board shall establish standards
consistent with the
| ||||||
11 | standards established by the National 211 Collaborative and the | ||||||
12 | Alliance of
Information and Referral Systems for providing | ||||||
13 | information about and referrals
to
human services agencies to | ||||||
14 | 211 callers. The standards shall
prescribe
the technology or | ||||||
15 | manner of delivering 211 calls and shall not exceed any
| ||||||
16 | requirements for 211 systems set by the Federal Communications | ||||||
17 | Commission.
The standards shall be
consistent with the | ||||||
18 | Americans with Disabilities Act, ensuring accessibility for
| ||||||
19 | users of Teletypewriters for the Deaf (TTY).
| ||||||
20 | (Source: P.A. 93-613, eff. 11-18-03; 94-427, eff. 1-1-06; | ||||||
21 | revised 12-15-05.) | ||||||
22 | Section 275. The Illinois Health Facilities Planning Act is | ||||||
23 | amended by changing Sections 3, 4, and 4.1 as follows:
| ||||||
24 | (20 ILCS 3960/3) (from Ch. 111 1/2, par. 1153)
|
| |||||||
| |||||||
1 | (Section scheduled to be repealed on April 1, 2007)
| ||||||
2 | Sec. 3. Definitions. As used in this Act:
| ||||||
3 | "Health care facilities" means and includes
the following | ||||||
4 | facilities and organizations:
| ||||||
5 | 1. An ambulatory surgical treatment center required to | ||||||
6 | be licensed
pursuant to the Ambulatory Surgical Treatment | ||||||
7 | Center Act;
| ||||||
8 | 2. An institution, place, building, or agency required | ||||||
9 | to be licensed
pursuant to the Hospital Licensing Act;
| ||||||
10 | 3. Skilled and intermediate long term care facilities | ||||||
11 | licensed under the
Nursing
Home Care Act;
| ||||||
12 | 3. Skilled and intermediate long term care facilities | ||||||
13 | licensed under the
Nursing
Home Care Act;
| ||||||
14 | 4. Hospitals, nursing homes, ambulatory surgical | ||||||
15 | treatment centers, or
kidney disease treatment centers
| ||||||
16 | maintained by the State or any department or agency | ||||||
17 | thereof;
| ||||||
18 | 5. Kidney disease treatment centers, including a | ||||||
19 | free-standing
hemodialysis unit required to be licensed | ||||||
20 | under the End Stage Renal Disease Facility Act; and
| ||||||
21 | 6. An institution, place, building, or room used for | ||||||
22 | the performance of
outpatient surgical procedures that is | ||||||
23 | leased, owned, or operated by or on
behalf of an | ||||||
24 | out-of-state facility.
| ||||||
25 | No federally owned facility shall be subject to the | ||||||
26 | provisions of this
Act, nor facilities used solely for healing |
| |||||||
| |||||||
1 | by prayer or spiritual means.
| ||||||
2 | No facility licensed under the Supportive Residences | ||||||
3 | Licensing Act or the
Assisted Living and Shared Housing Act
| ||||||
4 | shall be subject to the provisions of this Act.
| ||||||
5 | A facility designated as a supportive living facility that | ||||||
6 | is in good
standing with the program
established under Section | ||||||
7 | 5-5.01a of
the Illinois Public Aid Code shall not be subject to | ||||||
8 | the provisions of this
Act.
| ||||||
9 | This Act does not apply to facilities granted waivers under | ||||||
10 | Section 3-102.2
of the Nursing Home Care Act. However, if a | ||||||
11 | demonstration project under that
Act applies for a certificate
| ||||||
12 | of need to convert to a nursing facility, it shall meet the | ||||||
13 | licensure and
certificate of need requirements in effect as of | ||||||
14 | the date of application. | ||||||
15 | This Act does not apply to a dialysis facility that | ||||||
16 | provides only dialysis training, support, and related services | ||||||
17 | to individuals with end stage renal disease who have elected to | ||||||
18 | receive home dialysis. This Act does not apply to a dialysis | ||||||
19 | unit located in a licensed nursing home that offers or provides | ||||||
20 | dialysis-related services to residents with end stage renal | ||||||
21 | disease who have elected to receive home dialysis within the | ||||||
22 | nursing home. The Board, however, may require these dialysis | ||||||
23 | facilities and licensed nursing homes to report statistical | ||||||
24 | information on a quarterly basis to the Board to be used by the | ||||||
25 | Board to conduct analyses on the need for proposed kidney | ||||||
26 | disease treatment centers.
|
| |||||||
| |||||||
1 | This Act shall not apply to the closure of an entity or a | ||||||
2 | portion of an
entity licensed under the Nursing Home Care Act | ||||||
3 | that elects to convert, in
whole or in part, to an assisted | ||||||
4 | living or shared housing establishment
licensed under the | ||||||
5 | Assisted Living and Shared Housing Act.
| ||||||
6 | With the exception of those health care facilities | ||||||
7 | specifically
included in this Section, nothing in this Act | ||||||
8 | shall be intended to
include facilities operated as a part of | ||||||
9 | the practice of a physician or
other licensed health care | ||||||
10 | professional, whether practicing in his
individual capacity or | ||||||
11 | within the legal structure of any partnership,
medical or | ||||||
12 | professional corporation, or unincorporated medical or
| ||||||
13 | professional group. Further, this Act shall not apply to | ||||||
14 | physicians or
other licensed health care professional's | ||||||
15 | practices where such practices
are carried out in a portion of | ||||||
16 | a health care facility under contract
with such health care | ||||||
17 | facility by a physician or by other licensed
health care | ||||||
18 | professionals, whether practicing in his individual capacity
| ||||||
19 | or within the legal structure of any partnership, medical or
| ||||||
20 | professional corporation, or unincorporated medical or | ||||||
21 | professional
groups. This Act shall apply to construction or
| ||||||
22 | modification and to establishment by such health care facility | ||||||
23 | of such
contracted portion which is subject to facility | ||||||
24 | licensing requirements,
irrespective of the party responsible | ||||||
25 | for such action or attendant
financial obligation.
| ||||||
26 | "Person" means any one or more natural persons, legal |
| |||||||
| |||||||
1 | entities,
governmental bodies other than federal, or any | ||||||
2 | combination thereof.
| ||||||
3 | "Consumer" means any person other than a person (a) whose | ||||||
4 | major
occupation currently involves or whose official capacity | ||||||
5 | within the last
12 months has involved the providing, | ||||||
6 | administering or financing of any
type of health care facility, | ||||||
7 | (b) who is engaged in health research or
the teaching of | ||||||
8 | health, (c) who has a material financial interest in any
| ||||||
9 | activity which involves the providing, administering or | ||||||
10 | financing of any
type of health care facility, or (d) who is or | ||||||
11 | ever has been a member of
the immediate family of the person | ||||||
12 | defined by (a), (b), or (c).
| ||||||
13 | "State Board" means the Health Facilities Planning Board.
| ||||||
14 | "Construction or modification" means the establishment, | ||||||
15 | erection,
building, alteration, reconstruction, modernization, | ||||||
16 | improvement,
extension, discontinuation, change of ownership, | ||||||
17 | of or by a health care
facility, or the purchase or acquisition | ||||||
18 | by or through a health care facility
of
equipment or service | ||||||
19 | for diagnostic or therapeutic purposes or for
facility | ||||||
20 | administration or operation, or any capital expenditure made by
| ||||||
21 | or on behalf of a health care facility which
exceeds the | ||||||
22 | capital expenditure minimum; however, any capital expenditure
| ||||||
23 | made by or on behalf of a health care facility for (i) the | ||||||
24 | construction or
modification of a facility licensed under the | ||||||
25 | Assisted Living and Shared
Housing Act or (ii) a conversion | ||||||
26 | project undertaken in accordance with Section 30 of the Older |
| |||||||
| |||||||
1 | Adult Services Act shall be excluded from any obligations under | ||||||
2 | this Act.
| ||||||
3 | "Establish" means the construction of a health care | ||||||
4 | facility or the
replacement of an existing facility on another | ||||||
5 | site.
| ||||||
6 | "Major medical equipment" means medical equipment which is | ||||||
7 | used for the
provision of medical and other health services and | ||||||
8 | which costs in excess
of the capital expenditure minimum, | ||||||
9 | except that such term does not include
medical equipment | ||||||
10 | acquired
by or on behalf of a clinical laboratory to provide | ||||||
11 | clinical laboratory
services if the clinical laboratory is | ||||||
12 | independent of a physician's office
and a hospital and it has | ||||||
13 | been determined under Title XVIII of the Social
Security Act to | ||||||
14 | meet the requirements of paragraphs (10) and (11) of Section
| ||||||
15 | 1861(s) of such Act. In determining whether medical equipment | ||||||
16 | has a value
in excess of the capital expenditure minimum, the | ||||||
17 | value of studies, surveys,
designs, plans, working drawings, | ||||||
18 | specifications, and other activities
essential to the | ||||||
19 | acquisition of such equipment shall be included.
| ||||||
20 | "Capital Expenditure" means an expenditure: (A) made by or | ||||||
21 | on behalf of
a health care facility (as such a facility is | ||||||
22 | defined in this Act); and
(B) which under generally accepted | ||||||
23 | accounting principles is not properly
chargeable as an expense | ||||||
24 | of operation and maintenance, or is made to obtain
by lease or | ||||||
25 | comparable arrangement any facility or part thereof or any
| ||||||
26 | equipment for a facility or part; and which exceeds the capital |
| |||||||
| |||||||
1 | expenditure
minimum.
| ||||||
2 | For the purpose of this paragraph, the cost of any studies, | ||||||
3 | surveys, designs,
plans, working drawings, specifications, and | ||||||
4 | other activities essential
to the acquisition, improvement, | ||||||
5 | expansion, or replacement of any plant
or equipment with | ||||||
6 | respect to which an expenditure is made shall be included
in | ||||||
7 | determining if such expenditure exceeds the capital | ||||||
8 | expenditures minimum.
Donations of equipment
or facilities to a | ||||||
9 | health care facility which if acquired directly by such
| ||||||
10 | facility would be subject to review under this Act shall be | ||||||
11 | considered capital
expenditures, and a transfer of equipment or | ||||||
12 | facilities for less than fair
market value shall be considered | ||||||
13 | a capital expenditure for purposes of this
Act if a transfer of | ||||||
14 | the equipment or facilities at fair market value would
be | ||||||
15 | subject to review.
| ||||||
16 | "Capital expenditure minimum" means $6,000,000, which | ||||||
17 | shall be annually
adjusted to reflect the increase in | ||||||
18 | construction costs due to inflation, for major medical | ||||||
19 | equipment and for all other
capital expenditures; provided, | ||||||
20 | however, that when a capital expenditure is
for the | ||||||
21 | construction or modification of a health and fitness center, | ||||||
22 | "capital
expenditure minimum" means the capital expenditure | ||||||
23 | minimum for all other
capital expenditures in effect on March | ||||||
24 | 1, 2000, which shall be annually
adjusted to reflect the | ||||||
25 | increase in construction costs due to inflation.
| ||||||
26 | "Non-clinical service area" means an area (i) for the |
| |||||||
| |||||||
1 | benefit of the
patients, visitors, staff, or employees of a | ||||||
2 | health care facility and (ii) not
directly related to the | ||||||
3 | diagnosis, treatment, or rehabilitation of persons
receiving | ||||||
4 | services from the health care facility. "Non-clinical service | ||||||
5 | areas"
include, but are not limited to, chapels; gift shops; | ||||||
6 | news stands; computer
systems; tunnels, walkways, and | ||||||
7 | elevators; telephone systems; projects to
comply with life | ||||||
8 | safety codes; educational facilities; student housing;
| ||||||
9 | patient, employee, staff, and visitor dining areas; | ||||||
10 | administration and
volunteer offices; modernization of | ||||||
11 | structural components (such as roof
replacement and masonry | ||||||
12 | work); boiler repair or replacement; vehicle
maintenance and | ||||||
13 | storage facilities; parking facilities; mechanical systems for
| ||||||
14 | heating, ventilation, and air conditioning; loading docks; and | ||||||
15 | repair or
replacement of carpeting, tile, wall coverings, | ||||||
16 | window coverings or treatments,
or furniture. Solely for the | ||||||
17 | purpose of this definition, "non-clinical service
area" does | ||||||
18 | not include health and fitness centers.
| ||||||
19 | "Areawide" means a major area of the State delineated on a
| ||||||
20 | geographic, demographic, and functional basis for health | ||||||
21 | planning and
for health service and having within it one or | ||||||
22 | more local areas for
health planning and health service. The | ||||||
23 | term "region", as contrasted
with the term "subregion", and the | ||||||
24 | word "area" may be used synonymously
with the term "areawide".
| ||||||
25 | "Local" means a subarea of a delineated major area that on | ||||||
26 | a
geographic, demographic, and functional basis may be |
| |||||||
| |||||||
1 | considered to be
part of such major area. The term "subregion" | ||||||
2 | may be used synonymously
with the term "local".
| ||||||
3 | "Areawide health planning organization" or "Comprehensive | ||||||
4 | health
planning organization" means the health systems agency | ||||||
5 | designated by the
Secretary, Department of Health and Human | ||||||
6 | Services or any successor agency.
| ||||||
7 | "Local health planning organization" means those local | ||||||
8 | health
planning organizations that are designated as such by | ||||||
9 | the areawide
health planning organization of the appropriate | ||||||
10 | area.
| ||||||
11 | "Physician" means a person licensed to practice in | ||||||
12 | accordance with
the Medical Practice Act of 1987, as amended.
| ||||||
13 | "Licensed health care professional" means a person | ||||||
14 | licensed to
practice a health profession under pertinent | ||||||
15 | licensing statutes of the
State of Illinois.
| ||||||
16 | "Director" means the Director of the Illinois Department of | ||||||
17 | Public Health.
| ||||||
18 | "Agency" means the Illinois Department of Public Health.
| ||||||
19 | "Comprehensive health planning" means health planning | ||||||
20 | concerned with
the total population and all health and | ||||||
21 | associated problems that affect
the well-being of people and | ||||||
22 | that encompasses health services, health
manpower, and health | ||||||
23 | facilities; and the coordination among these and
with those | ||||||
24 | social, economic, and environmental factors that affect | ||||||
25 | health.
| ||||||
26 | "Alternative health care model" means a facility or program |
| |||||||
| |||||||
1 | authorized
under the Alternative Health Care Delivery Act.
| ||||||
2 | "Out-of-state facility" means a person that is both (i) | ||||||
3 | licensed as a
hospital or as an ambulatory surgery center under | ||||||
4 | the laws of another state
or that
qualifies as a hospital or an | ||||||
5 | ambulatory surgery center under regulations
adopted pursuant | ||||||
6 | to the Social Security Act and (ii) not licensed under the
| ||||||
7 | Ambulatory Surgical Treatment Center Act, the Hospital | ||||||
8 | Licensing Act, or the
Nursing Home Care Act. Affiliates of | ||||||
9 | out-of-state facilities shall be
considered out-of-state | ||||||
10 | facilities. Affiliates of Illinois licensed health
care | ||||||
11 | facilities 100% owned by an Illinois licensed health care | ||||||
12 | facility, its
parent, or Illinois physicians licensed to | ||||||
13 | practice medicine in all its
branches shall not be considered | ||||||
14 | out-of-state facilities. Nothing in
this definition shall be
| ||||||
15 | construed to include an office or any part of an office of a | ||||||
16 | physician licensed
to practice medicine in all its branches in | ||||||
17 | Illinois that is not required to be
licensed under the | ||||||
18 | Ambulatory Surgical Treatment Center Act.
| ||||||
19 | "Change of ownership of a health care facility" means a | ||||||
20 | change in the
person
who has ownership or
control of a health | ||||||
21 | care facility's physical plant and capital assets. A change
in | ||||||
22 | ownership is indicated by
the following transactions: sale, | ||||||
23 | transfer, acquisition, lease, change of
sponsorship, or other | ||||||
24 | means of
transferring control.
| ||||||
25 | "Related person" means any person that: (i) is at least 50% | ||||||
26 | owned, directly
or indirectly, by
either the health care |
| |||||||
| |||||||
1 | facility or a person owning, directly or indirectly, at
least | ||||||
2 | 50% of the health
care facility; or (ii) owns, directly or | ||||||
3 | indirectly, at least 50% of the
health care facility.
| ||||||
4 | "Charity care" means care provided by a health care | ||||||
5 | facility for which the provider does not expect to receive | ||||||
6 | payment from the patient or a third-party payer. | ||||||
7 | (Source: P.A. 93-41, eff. 6-27-03; 93-766, eff. 7-20-04; | ||||||
8 | 93-935, eff. 1-1-05; 93-1031, eff. 8-27-04; 94-342, eff. | ||||||
9 | 7-26-05; revised 8-21-06.)
| ||||||
10 | (20 ILCS 3960/4) (from Ch. 111 1/2, par. 1154)
| ||||||
11 | (Section scheduled to be repealed on April 1, 2007)
| ||||||
12 | Sec. 4. Health Facilities Planning Board; membership; | ||||||
13 | appointment; term;
compensation; quorum. There is created the | ||||||
14 | Health
Facilities Planning Board, which
shall perform the | ||||||
15 | functions described in this
Act.
| ||||||
16 | The State Board shall consist of 5 voting members. Each | ||||||
17 | member shall have a reasonable knowledge of health planning, | ||||||
18 | health finance, or health care at the time of his or her | ||||||
19 | appointment. No person shall be appointed or continue to serve | ||||||
20 | as a member of the State Board who is, or whose spouse, parent, | ||||||
21 | or child is, a member of the Board of Directors of, has a | ||||||
22 | financial interest in, or has a business relationship with a | ||||||
23 | health care facility. | ||||||
24 | Notwithstanding any provision of this Section to the | ||||||
25 | contrary, the term of
office of each member of the State Board |
| |||||||
| |||||||
1 | is abolished on the effective date of
this
amendatory Act of | ||||||
2 | the 93rd General Assembly and those members no longer hold | ||||||
3 | office.
| ||||||
4 | The State Board shall be appointed by the Governor, with | ||||||
5 | the advice
and consent of the Senate. Not more than 3 of the
| ||||||
6 | appointments shall be of the same political party at the time | ||||||
7 | of the appointment.
No person shall be appointed as a State | ||||||
8 | Board member if that person has
served, after the effective | ||||||
9 | date of Public Act 93-41, 2 3-year terms as a State Board | ||||||
10 | member, except for
ex officio non-voting members.
| ||||||
11 | The Secretary of Human Services, the Director of Healthcare | ||||||
12 | and Family Services
Public Aid , and
the Director of Public | ||||||
13 | Health, or their designated representatives,
shall serve as | ||||||
14 | ex-officio, non-voting members of the State Board.
| ||||||
15 | Of those members initially appointed by the Governor under | ||||||
16 | this
amendatory Act of the 93rd General Assembly, 2 shall serve | ||||||
17 | for terms expiring
July 1, 2005, 2 shall serve for terms | ||||||
18 | expiring July 1, 2006, and 1 shall serve
for a term expiring | ||||||
19 | July 1, 2007. Thereafter, each
appointed member shall
hold | ||||||
20 | office for a term of 3 years, provided that any member
| ||||||
21 | appointed to fill a vacancy
occurring prior to the expiration | ||||||
22 | of the
term for which his or her predecessor was appointed | ||||||
23 | shall be appointed for the
remainder of such term and the term | ||||||
24 | of office of each successor shall
commence on July 1 of the | ||||||
25 | year in which his predecessor's term expires. Each
member | ||||||
26 | appointed after the effective date of this amendatory Act of |
| |||||||
| |||||||
1 | the 93rd General Assembly shall hold office until his or her | ||||||
2 | successor is appointed and qualified.
| ||||||
3 | State Board members, while serving on business of the State | ||||||
4 | Board,
shall receive actual and necessary travel and | ||||||
5 | subsistence expenses while
so serving away from their places
of | ||||||
6 | residence.
A member of the State Board who experiences a | ||||||
7 | significant financial hardship
due to the loss of income on | ||||||
8 | days of attendance at meetings or while otherwise
engaged in | ||||||
9 | the business of the State Board may be paid a hardship | ||||||
10 | allowance, as
determined by and subject to the approval of the | ||||||
11 | Governor's Travel Control
Board.
| ||||||
12 | The Governor shall designate one of the members to serve as | ||||||
13 | Chairman
and shall name as full-time
Executive Secretary of the | ||||||
14 | State
Board, a person qualified in health care facility | ||||||
15 | planning and in
administration. The Agency shall provide | ||||||
16 | administrative and staff
support for the State Board. The State | ||||||
17 | Board shall advise the Director
of its budgetary and staff | ||||||
18 | needs and consult with the Director on annual
budget | ||||||
19 | preparation.
| ||||||
20 | The State Board shall meet at least once each quarter, or | ||||||
21 | as often as
the Chairman of the State Board deems necessary, or | ||||||
22 | upon the request of
a majority of the members.
| ||||||
23 |
Three members of the State Board shall constitute a | ||||||
24 | quorum.
The affirmative vote of 3 of the members of the State | ||||||
25 | Board shall be
necessary for
any action requiring a vote to be | ||||||
26 | taken by the State
Board. A vacancy in the membership of the |
| |||||||
| |||||||
1 | State Board shall not impair the
right of a quorum to exercise | ||||||
2 | all the rights and perform all the duties of the
State Board as | ||||||
3 | provided by this Act.
| ||||||
4 | A State Board member shall disqualify himself or herself | ||||||
5 | from the
consideration of any application for a permit or
| ||||||
6 | exemption in which the State Board member or the State Board | ||||||
7 | member's spouse,
parent, or child: (i) has
an economic interest | ||||||
8 | in the matter; or (ii) is employed by, serves as a
consultant | ||||||
9 | for, or is a member of the
governing board of the applicant or | ||||||
10 | a party opposing the application.
| ||||||
11 | (Source: P.A. 93-41, eff. 6-27-03; 93-889, eff. 8-9-04; revised | ||||||
12 | 8-21-06.)
| ||||||
13 | (20 ILCS 3960/4.1)
| ||||||
14 | (Section scheduled to be repealed on April 1, 2007)
| ||||||
15 | Sec. 4.1. Ethics laws.
| ||||||
16 | (a) All State Board meetings are subject to the Open | ||||||
17 | Meetings Act.
| ||||||
18 | (b) The State Board is subject to the State Officials and | ||||||
19 | Employees Ethics Act
State Gift Ban Act .
| ||||||
20 | (Source: P.A. 91-782, eff. 6-9-00; revised 8-21-06.)
| ||||||
21 | Section 280. The Illinois Economic Development Board Act is | ||||||
22 | amended by changing Section 3 as follows:
| ||||||
23 | (20 ILCS 3965/3) (from Ch. 127, par. 3953)
|
| |||||||
| |||||||
1 | Sec. 3. The board shall be composed of citizens from both | ||||||
2 | the private
and public sectors who are actively engaged in | ||||||
3 | organizations and businesses
that support economic expansion, | ||||||
4 | industry enhancement and job creation.
The board shall be | ||||||
5 | composed of the following persons:
| ||||||
6 | (a) the Governor or his or her designee;
| ||||||
7 | (b) four members of the General Assembly, one each | ||||||
8 | appointed
by the
President
of the Senate, the Speaker of | ||||||
9 | the House of Representatives, and the minority
leaders of | ||||||
10 | the Senate and House of Representatives;
| ||||||
11 | (c) 20 members appointed by the Governor including | ||||||
12 | representatives of
small business, minority owned | ||||||
13 | companies, women owned companies, manufacturing,
economic | ||||||
14 | development
professionals, and citizens at large.
| ||||||
15 | (d) (blank);
| ||||||
16 | (e) (blank);
| ||||||
17 | (f) (blank);
| ||||||
18 | (g) (blank);
| ||||||
19 | (h) (blank);
| ||||||
20 | (i) (blank);
| ||||||
21 | (j) (blank);
| ||||||
22 | (k) (blank);
| ||||||
23 | (l) (blank);
| ||||||
24 | (m) (blank).
| ||||||
25 | The Director of Commerce and Economic Opportunity shall
| ||||||
26 | serve as an ex officio member of the board.
|
| |||||||
| |||||||
1 | The Governor shall appoint the members of the board | ||||||
2 | specified in subsection
subsections
(c) through (m) of this | ||||||
3 | Section, subject to the advice and consent of the
Senate, | ||||||
4 | within 30 days after the effective date
of this Act. The first | ||||||
5 | meeting of the board shall occur within 60 days
after the | ||||||
6 | effective date of this Act.
| ||||||
7 | The Governor shall appoint a chairperson and a vice | ||||||
8 | chairperson of the
board. Members shall serve 2-year terms. The | ||||||
9 | position of a legislative
member shall become vacant if the | ||||||
10 | member ceases to be a member of the General
Assembly. A vacancy | ||||||
11 | in a board position shall be filled by the original
appointing | ||||||
12 | authority.
| ||||||
13 | The board shall include representation from each of the | ||||||
14 | State's geographic
areas.
| ||||||
15 | The board shall meet quarterly or at the call of the chair | ||||||
16 | and shall create
subcommittees as needed to deal with specific | ||||||
17 | issues and concerns. Members
shall serve without compensation | ||||||
18 | but may be reimbursed for expenses.
| ||||||
19 | (Source: P.A. 94-793, eff. 5-19-06; revised 8-3-06.)
| ||||||
20 | Section 285. The Interagency Coordinating Committee on | ||||||
21 | Transportation Act is amended by changing Section 15 as | ||||||
22 | follows:
| ||||||
23 | (20 ILCS 3968/15)
| ||||||
24 | Sec. 15. Committee. The Illinois Coordinating Committee on
|
| |||||||
| |||||||
1 | Transportation is created and shall consist of the following | ||||||
2 | members:
| ||||||
3 | (1) The Governor or his or her designee.
| ||||||
4 | (2) The Secretary of Transportation or his or her | ||||||
5 | designee.
| ||||||
6 | (3) The Secretary of Human Services or his or her | ||||||
7 | designee.
| ||||||
8 | (4) The Director of Aging or his or her designee.
| ||||||
9 | (5) The Director of Healthcare and Family Services
| ||||||
10 | Public Aid or his or her designee.
| ||||||
11 | (6) The Director of Commerce and Economic Opportunity | ||||||
12 | or his or her
designee.
| ||||||
13 | (7) A representative of the Illinois Rural Transit | ||||||
14 | Assistance
Center.
| ||||||
15 | (8) A person who is a member of a recognized statewide
| ||||||
16 | organization representing older residents of Illinois.
| ||||||
17 | (9) A representative of centers for independent | ||||||
18 | living.
| ||||||
19 | (10) A representative of the Illinois Public | ||||||
20 | Transportation
Association.
| ||||||
21 | (11) A representative of an existing transportation | ||||||
22 | system that
coordinates and provides transit services in a | ||||||
23 | multi-county area for
the Department of Transportation, | ||||||
24 | Department of Human Services,
Department of Commerce and | ||||||
25 | Economic Opportunity, or Department on Aging.
| ||||||
26 | (12) A representative of a statewide organization of
|
| |||||||
| |||||||
1 | rehabilitation facilities or other providers of services | ||||||
2 | for persons
with one or more disabilities.
| ||||||
3 | (13) A representative of a community-based | ||||||
4 | organization.
| ||||||
5 | (14) A representative of the Department of Public | ||||||
6 | Health.
| ||||||
7 | (15) A representative of the Rural Partners.
| ||||||
8 | (16) The Director of Employment Security or his or her | ||||||
9 | designee.
| ||||||
10 | (17) A representative of a statewide business | ||||||
11 | association.
| ||||||
12 | (18) A representative of the Illinois Council on | ||||||
13 | Developmental
Disabilities.
| ||||||
14 | The Governor shall appoint the members of the Committee | ||||||
15 | other
than those named in paragraphs (1) through (6) and | ||||||
16 | paragraph (16) of
this Section. The Governor or his or her | ||||||
17 | designee shall serve as
chairperson of the Committee and shall | ||||||
18 | convene the meetings of the
Committee. The Secretary of | ||||||
19 | Transportation and a representative of a
community-based | ||||||
20 | organization involved in transportation or their
designees, | ||||||
21 | shall serve as co-vice-chairpersons and shall be responsible
| ||||||
22 | for staff support for the committee.
| ||||||
23 | (Source: P.A. 93-185, eff. 7-11-03; 94-793, eff. 5-19-06; | ||||||
24 | revised 8-21-06.)
| ||||||
25 | Section 290. The Interagency Coordinating Council Act is |
| |||||||
| |||||||
1 | amended by changing Section 2 as follows:
| ||||||
2 | (20 ILCS 3970/2) (from Ch. 127, par. 3832)
| ||||||
3 | Sec. 2. Interagency Coordinating Council. There is hereby | ||||||
4 | created an
Interagency Coordinating Council which shall be | ||||||
5 | composed of the Directors,
or their designees, of the Illinois | ||||||
6 | Department of Children and Family
Services, Illinois | ||||||
7 | Department of Commerce and Economic Opportunity, Illinois
| ||||||
8 | Department of Corrections, Illinois Department of Employment | ||||||
9 | Security, and
Illinois Department of Healthcare and Family | ||||||
10 | Services
Public Aid ; the Secretary of Human Services or his or
| ||||||
11 | her designee; the
Executive Director, or a designee, of the | ||||||
12 | Illinois Community College Board,
the Board of Higher | ||||||
13 | Education, and
the Illinois Planning Council on Developmental | ||||||
14 | Disabilities; the
State Superintendent of Education, or a | ||||||
15 | designee; and a designee
representing the
University of | ||||||
16 | Illinois - Division of Specialized Care for Children.
The | ||||||
17 | Secretary of Human Services (or the member who is the designee | ||||||
18 | for the
Secretary of Human Services) and the State | ||||||
19 | Superintendent of Education (or
the member who is the designee | ||||||
20 | for the State Superintendent of Education)
shall be co-chairs | ||||||
21 | of the Council. The co-chairs shall be responsible for
ensuring | ||||||
22 | that the functions described in Section 3 of this Act are | ||||||
23 | carried
out.
| ||||||
24 | (Source: P.A. 94-793, eff. 5-19-06; revised 8-21-06.)
|
| |||||||
| |||||||
1 | Section 295. The Illinois Council on Developmental | ||||||
2 | Disabilities Law is amended by changing Section 2004.5 as | ||||||
3 | follows:
| ||||||
4 | (20 ILCS 4010/2004.5)
| ||||||
5 | Sec. 2004.5. Council membership. The General Assembly | ||||||
6 | intends that the reduction
in the membership of the Council | ||||||
7 | shall occur through attrition
between the effective date of | ||||||
8 | this amendatory Act of the 91st General Assembly
and January 1, | ||||||
9 | 2001. In the event
that the terms of 10 voting members have not | ||||||
10 | expired by January 1, 2001,
members
of the Council serving on | ||||||
11 | that date shall continue to serve until their terms
expire.
| ||||||
12 | (a) The membership of
the Council must
reasonably represent | ||||||
13 | the diversity of this State. Not less than 60% of the
Council's | ||||||
14 | membership must be individuals with developmental | ||||||
15 | disabilities,
parents or guardians of children with | ||||||
16 | developmental disabilities, or immediate
relatives or | ||||||
17 | guardians of adults with developmental disabilities who cannot
| ||||||
18 | advocate for themselves.
| ||||||
19 | The Council must also include representatives of State | ||||||
20 | agencies that
administer moneys under federal laws that relate | ||||||
21 | to individuals with
developmental disabilities; the State | ||||||
22 | University Center for Excellence in
Developmental Disabilities | ||||||
23 | Education, Research, and Service; the State
protection and | ||||||
24 | advocacy system; and representatives of local and
| ||||||
25 | non-governmental agencies and private non-profit groups |
| |||||||
| |||||||
1 | concerned with services
for individuals
with developmental | ||||||
2 | disabilities. The members described in this paragraph must
have | ||||||
3 | sufficient authority to engage in policy-making, planning, and
| ||||||
4 | implementation on behalf
of the department, agency, or program | ||||||
5 | that they represent. Those members may
not take part in any | ||||||
6 | discussion of grants or contracts for which their
departments, | ||||||
7 | agencies, or programs are grantees, contractors, or applicants | ||||||
8 | and
must comply with any other relevant conflict of interest | ||||||
9 | provisions in the
Council's policies or bylaws.
| ||||||
10 | (b) Seventeen voting members, appointed by the Governor, | ||||||
11 | must be persons with
developmental disabilities, parents or | ||||||
12 | guardians of persons with developmental
disabilities, or | ||||||
13 | immediate relatives or guardians of persons with
| ||||||
14 | mentally-impairing developmental disabilities. None of these | ||||||
15 | members may be
employees
of a State agency that receives funds | ||||||
16 | or provides services under the federal
Developmental | ||||||
17 | Disabilities Assistance and Bill of Rights Act of 1996 (42 | ||||||
18 | U.S.C.
6000 et seq.), as now or hereafter
amended, managing | ||||||
19 | employees of any other entity that receives moneys or
provides | ||||||
20 | services under the federal Developmental Disabilities | ||||||
21 | Assistance and
Bill of Rights Act of 1996 (42 U.S.C. 6000 et | ||||||
22 | seq.), as now or hereafter
amended, or persons with an | ||||||
23 | ownership interest in or a controlling interest in
such an | ||||||
24 | entity. Of the members appointed under this subsection (b):
| ||||||
25 | (1) at least 6 must be persons with developmental | ||||||
26 | disabilities;
|
| |||||||
| |||||||
1 | (2) at least 6 must be parents, immediate relatives, or | ||||||
2 | guardians of
children and adults with developmental | ||||||
3 | disabilities, including individuals with
| ||||||
4 | mentally-impairing developmental disabilities who cannot | ||||||
5 | advocate for
themselves; and
| ||||||
6 | (3) 5 members must be a combination of persons | ||||||
7 | described in paragraphs
(1) and (2); at least one of whom | ||||||
8 | must be (i) an immediate relative or guardian
of an | ||||||
9 | individual with a developmental disability who resides or | ||||||
10 | who previously
resided in an institution or (ii) an | ||||||
11 | individual with a developmental disability
who
resides or | ||||||
12 | who previously resided in an institution.
| ||||||
13 | (c) Two voting members, appointed by the Governor, must be | ||||||
14 | representatives of
local and non-governmental agencies and | ||||||
15 | private non-profit groups concerned
with services for
| ||||||
16 | individuals with developmental disabilities.
| ||||||
17 | (d) Nine voting members shall be the Director of Healthcare | ||||||
18 | and Family Services
Public Aid , or his or her
designee; the | ||||||
19 | Director of Aging, or his or her designee; the Director of
| ||||||
20 | Children and Family Services, or his or her designee; a | ||||||
21 | representative of the
State Board of Education; a | ||||||
22 | representative of the
State protection and
advocacy system; a | ||||||
23 | representative of the State University Center for Excellence
in | ||||||
24 | Developmental Disabilities Education, Research, and Service;
| ||||||
25 | representatives
of the Office of Developmental Disabilities | ||||||
26 | and the Office of Community Health
and Prevention of the |
| |||||||
| |||||||
1 | Department of Human Services (as the State's lead agency
for | ||||||
2 | Title V of the Social Security Act, 42 U.S.C. 701 et seq.) | ||||||
3 | designated by
the Secretary of Human Services; and a
| ||||||
4 | representative of the State entity that administers federal | ||||||
5 | moneys under the
federal Rehabilitation Act.
| ||||||
6 | (e) The Director of the
Governor's Office of Management and | ||||||
7 | Budget, or his or her designee, shall
be a non-voting member of | ||||||
8 | the Council.
| ||||||
9 | (f) The Governor must provide for the timely rotation of | ||||||
10 | members.
| ||||||
11 | Appointments to the Council shall be for terms of 3 years.
| ||||||
12 | Appointments to fill vacancies occurring before
the expiration | ||||||
13 | of a term shall be for the remainder of the term. Members shall
| ||||||
14 | serve until their successors are appointed.
| ||||||
15 | The Council, at the discretion of the Governor, may | ||||||
16 | coordinate and provide
recommendations for new members to the | ||||||
17 | Governor based upon their review of the
Council's composition | ||||||
18 | and on input received from other organizations and
individuals | ||||||
19 | representing persons with developmental disabilities, | ||||||
20 | including the
non-State agency members of the Council. The | ||||||
21 | Council must, at least once each
year, advise the Governor on | ||||||
22 | the Council's membership requirements and
vacancies, including | ||||||
23 | rotation requirements.
| ||||||
24 | No member may serve for more than 2 successive terms.
| ||||||
25 | (g) Members may not receive compensation for their | ||||||
26 | services, but shall be
reimbursed for their reasonable expenses |
| |||||||
| |||||||
1 | plus up to $50 per day for any loss of
wages incurred in the | ||||||
2 | performance of their duties.
| ||||||
3 | (h) The total membership of the Council consists of the | ||||||
4 | number of voting
members, as defined in this Section, excluding | ||||||
5 | any vacant positions. A quorum
is a simple majority of the | ||||||
6 | total membership and is sufficient to constitute
the | ||||||
7 | transaction of the business of the Council unless otherwise | ||||||
8 | stipulated in
the bylaws of the Council.
| ||||||
9 | (i) The Council must meet at least quarterly.
| ||||||
10 | (Source: P.A. 94-793, eff. 5-19-06; revised 8-21-06.)
| ||||||
11 | Section 300. The Social Security Number Protection Task | ||||||
12 | Force Act is amended by changing Section 10 as follows: | ||||||
13 | (20 ILCS 4040/10)
| ||||||
14 | Sec. 10. Social Security Number Protection Task Force. | ||||||
15 | (a) The Social Security Number Protection Task Force is | ||||||
16 | created. The Task Force shall consist of the following members: | ||||||
17 | (1) One member representing the House of | ||||||
18 | Representatives, appointed by the Speaker of the House of | ||||||
19 | Representatives; | ||||||
20 | (2) One member representing the House of | ||||||
21 | Representatives, appointed by the Minority Leader of the | ||||||
22 | House of Representatives; | ||||||
23 | (3) One member representing the Senate, appointed by | ||||||
24 | the President of the Senate; |
| |||||||
| |||||||
1 | (4) One member representing the Senate, appointed by | ||||||
2 | the Minority Leader of the Senate; | ||||||
3 | (5) One member representing the Office of the Attorney | ||||||
4 | General, appointed by the Attorney General; | ||||||
5 | (6) One member representing the Office of the Secretary | ||||||
6 | of State, appointed by the Secretary of State; | ||||||
7 | (7) One member representing the Office of the Governor, | ||||||
8 | appointed by the Governor; | ||||||
9 | (8) One member representing the Department of Natural | ||||||
10 | Resources, appointed by the Director of Natural Resources; | ||||||
11 | (9) One member representing the Department of | ||||||
12 | Healthcare and Family Services
Public Aid , appointed by the | ||||||
13 | Director of Healthcare and Family Services
Public Aid ; | ||||||
14 | (10) One member representing the Department of | ||||||
15 | Revenue, appointed by the Director of Revenue; | ||||||
16 | (11) One member representing the Department of State | ||||||
17 | Police, appointed by the Director of State Police;
| ||||||
18 | (12) One member representing the Department of | ||||||
19 | Employment Security, appointed by the Director of | ||||||
20 | Employment Security; | ||||||
21 | (13) One member representing the Illinois Courts, | ||||||
22 | appointed by the Director of the Administrative Office of | ||||||
23 | Illinois Courts; and | ||||||
24 | (14) One member representing the Department on Aging, | ||||||
25 | appointed by the Director of the Department on Aging. | ||||||
26 | (b) The Task Force shall examine the procedures used by the |
| |||||||
| |||||||
1 | State to protect an individual against the unauthorized | ||||||
2 | disclosure of his or her social security number when the State | ||||||
3 | requires the individual to provide his or her social security | ||||||
4 | number to an officer or agency of the State. | ||||||
5 | (c) The Task Force shall report its findings and | ||||||
6 | recommendations to the Governor, the Attorney General, the | ||||||
7 | Secretary of State, and the General Assembly no later than | ||||||
8 | March 1, 2006.
| ||||||
9 | (Source: P.A. 93-813, eff. 7-27-04; 94-611, eff. 8-18-05; | ||||||
10 | revised 12-15-05.) | ||||||
11 | Section 305. The Health Care
Justice Act is amended by | ||||||
12 | changing Section 20 as follows: | ||||||
13 | (20 ILCS 4045/20)
| ||||||
14 | Sec. 20. Adequate Health Care Task Force.
There is created | ||||||
15 | an Adequate Health Care Task Force. The Task Force
shall | ||||||
16 | consist of 29 voting members appointed as follows: 5 shall be | ||||||
17 | appointed by the Governor; 6 shall be appointed by the | ||||||
18 | President of the Senate,
6 shall be appointed by the Minority | ||||||
19 | Leader of the Senate, 6 shall be
appointed by the Speaker of | ||||||
20 | the House of Representatives, and 6 shall be
appointed by the | ||||||
21 | Minority Leader of the House of Representatives. The Task Force | ||||||
22 | shall have a chairman and a vice-chairman who
shall be elected | ||||||
23 | by the voting members at the first meeting
of the Task Force. | ||||||
24 | The Director of Public
Health or his or her designee, the |
| |||||||
| |||||||
1 | Director of Aging or his or
her designee, the Director of | ||||||
2 | Healthcare and Family Services
Public Aid or his or her
| ||||||
3 | designee, the Director of Insurance or his or her designee, and
| ||||||
4 | the Secretary of Human Services or his or her designee shall | ||||||
5 | represent their respective departments and shall be invited to | ||||||
6 | attend Task Force meetings, but shall not be members of the | ||||||
7 | Task Force. The members of the Task Force shall be appointed
| ||||||
8 | within 30 days after the effective date of this Act. The | ||||||
9 | departments of State
government represented on
the Task Force | ||||||
10 | shall work cooperatively to provide administrative
support for | ||||||
11 | the Task Force; the Department of Public Health shall be the
| ||||||
12 | primary agency in providing that administrative support.
| ||||||
13 | (Source: P.A. 93-973, eff. 8-20-04; revised 12-15-05.) | ||||||
14 | Section 310. The Illinois State Auditing Act is amended by | ||||||
15 | changing Section 3-1 as follows:
| ||||||
16 | (30 ILCS 5/3-1) (from Ch. 15, par. 303-1)
| ||||||
17 | Sec. 3-1. Jurisdiction of Auditor General. The Auditor | ||||||
18 | General has
jurisdiction over all State agencies to make post | ||||||
19 | audits and investigations
authorized by or under this Act or | ||||||
20 | the Constitution.
| ||||||
21 | The Auditor General has jurisdiction over local government | ||||||
22 | agencies
and private agencies only:
| ||||||
23 | (a) to make such post audits authorized by or under | ||||||
24 | this Act as are
necessary and incidental to a post audit of |
| |||||||
| |||||||
1 | a State agency or of a
program administered by a State | ||||||
2 | agency involving public funds of the
State, but this | ||||||
3 | jurisdiction does not include any authority to review
local | ||||||
4 | governmental agencies in the obligation, receipt, | ||||||
5 | expenditure or
use of public funds of the State that are | ||||||
6 | granted without limitation or
condition imposed by law, | ||||||
7 | other than the general limitation that such
funds be used | ||||||
8 | for public purposes;
| ||||||
9 | (b) to make investigations authorized by or under this | ||||||
10 | Act or the
Constitution; and
| ||||||
11 | (c) to make audits of the records of local government | ||||||
12 | agencies to verify
actual costs of state-mandated programs | ||||||
13 | when directed to do so by the
Legislative Audit Commission | ||||||
14 | at the request of the State Board of Appeals
under the | ||||||
15 | State Mandates Act.
| ||||||
16 | In addition to the foregoing, the Auditor General may | ||||||
17 | conduct an
audit of the Metropolitan Pier and Exposition | ||||||
18 | Authority, the
Regional Transportation Authority, the Suburban | ||||||
19 | Bus Division, the Commuter
Rail Division and the Chicago | ||||||
20 | Transit Authority and any other subsidized
carrier when | ||||||
21 | authorized by the Legislative Audit Commission. Such audit
may | ||||||
22 | be a financial, management or program audit, or any combination | ||||||
23 | thereof.
| ||||||
24 | The audit shall determine whether they are operating in | ||||||
25 | accordance with
all applicable laws and regulations. Subject to | ||||||
26 | the limitations of this
Act, the Legislative Audit Commission |
| |||||||
| |||||||
1 | may by resolution specify additional
determinations to be | ||||||
2 | included in the scope of the audit.
| ||||||
3 | In addition to the foregoing, the Auditor General must also | ||||||
4 | conduct a
financial audit of
the Illinois Sports Facilities | ||||||
5 | Authority's expenditures of public funds in
connection with the | ||||||
6 | reconstruction, renovation, remodeling, extension, or
| ||||||
7 | improvement of all or substantially all of any existing | ||||||
8 | "facility", as that
term is defined in the Illinois Sports | ||||||
9 | Facilities Authority Act.
| ||||||
10 | The Auditor General may also conduct an audit, when | ||||||
11 | authorized by
the Legislative Audit Commission, of any hospital | ||||||
12 | which receives 10% or
more of its gross revenues from payments | ||||||
13 | from the State of Illinois,
Department of Healthcare and Family | ||||||
14 | Services (formerly Department of Public Aid ) , Medical | ||||||
15 | Assistance Program.
| ||||||
16 | The Auditor General is authorized to conduct financial and | ||||||
17 | compliance
audits of the Illinois Distance Learning Foundation | ||||||
18 | and the Illinois
Conservation Foundation.
| ||||||
19 | As soon as practical after the effective date of this | ||||||
20 | amendatory Act of
1995, the Auditor General shall conduct a | ||||||
21 | compliance and management audit of
the City of
Chicago and any | ||||||
22 | other entity with regard to the operation of Chicago O'Hare
| ||||||
23 | International Airport, Chicago Midway Airport and Merrill C. | ||||||
24 | Meigs Field. The
audit shall include, but not be limited to, an | ||||||
25 | examination of revenues,
expenses, and transfers of funds; | ||||||
26 | purchasing and contracting policies and
practices; staffing |
| |||||||
| |||||||
1 | levels; and hiring practices and procedures. When
completed, | ||||||
2 | the audit required by this paragraph shall be distributed in
| ||||||
3 | accordance with Section 3-14.
| ||||||
4 | The Auditor General shall conduct a financial and | ||||||
5 | compliance and program
audit of distributions from the | ||||||
6 | Municipal Economic Development Fund
during the immediately | ||||||
7 | preceding calendar year pursuant to Section 8-403.1 of
the | ||||||
8 | Public Utilities Act at no cost to the city, village, or | ||||||
9 | incorporated town
that received the distributions.
| ||||||
10 | The Auditor General must conduct an audit of the Health | ||||||
11 | Facilities Planning
Board pursuant to Section 19.5 of the | ||||||
12 | Illinois Health Facilities Planning
Act.
| ||||||
13 | The Auditor General of the State of Illinois shall annually | ||||||
14 | conduct or
cause to be conducted a financial and compliance | ||||||
15 | audit of the books and records
of any county water commission | ||||||
16 | organized pursuant to the Water Commission Act
of 1985 and | ||||||
17 | shall file a copy of the report of that audit with the Governor | ||||||
18 | and
the Legislative Audit Commission. The filed audit shall be | ||||||
19 | open to the public
for inspection. The cost of the audit shall | ||||||
20 | be charged to the county water
commission in accordance with | ||||||
21 | Section 6z-27 of the State Finance Act. The
county water | ||||||
22 | commission shall make available to the Auditor General its | ||||||
23 | books
and records and any other documentation, whether in the | ||||||
24 | possession of its
trustees or other parties, necessary to | ||||||
25 | conduct the audit required. These
audit requirements apply only | ||||||
26 | through July 1, 2007.
|
| |||||||
| |||||||
1 | The Auditor General must conduct audits of the Rend Lake | ||||||
2 | Conservancy
District as provided in Section 25.5 of the River | ||||||
3 | Conservancy Districts Act.
| ||||||
4 | The Auditor General must conduct financial audits of the | ||||||
5 | Southeastern Illinois Economic Development Authority as | ||||||
6 | provided in Section 70 of the Southeastern Illinois Economic | ||||||
7 | Development Authority Act.
| ||||||
8 | (Source: P.A. 93-226, eff. 7-22-03; 93-259, eff. 7-22-03; | ||||||
9 | 93-275, eff. 7-22-03; 93-968, eff. 8-20-04; revised 12-15-05.)
| ||||||
10 | Section 315. The State Finance Act is amended by setting | ||||||
11 | forth, renumbering, and changing multiple versions of Sections | ||||||
12 | 5.545, 5.552, 5.567, 5.570, 5.571, 5.595, 5.596, 5.620, 5.625, | ||||||
13 | 5.640, 5.663, and 8h and by changing Sections 6b, 6z-24, 6z-30, | ||||||
14 | 6z-43, 6z-52, 6z-53, 6z-56, 6z-58, 8.42, 8.44, 8g, and 25 as | ||||||
15 | follows:
| ||||||
16 | (30 ILCS 105/5.545)
| ||||||
17 | Sec. 5.545. The Digital Divide Elimination Fund. | ||||||
18 | (Source: P.A. 92-22, eff. 6-30-01; 92-651, eff. 7-11-02.)
| ||||||
19 | (30 ILCS 105/5.552)
| ||||||
20 | Sec. 5.552. The ICCB Adult Education Fund. | ||||||
21 | (Source: P.A. 92-49, eff. 7-9-01; 92-651, eff. 7-11-02.)
| ||||||
22 | (30 ILCS 105/5.567)
|
| |||||||
| |||||||
1 | Sec. 5.567. The Secretary of State Police Services Fund. | ||||||
2 | (Source: P.A. 92-501, eff. 12-19-01; 92-651, eff. 7-11-02.)
| ||||||
3 | (30 ILCS 105/5.570)
| ||||||
4 | Sec. 5.570. The Illinois Student Assistance Commission | ||||||
5 | Contracts and
Grants Fund.
| ||||||
6 | (Source: P.A. 92-597, eff. 6-28-02.)
| ||||||
7 | (30 ILCS 105/5.571)
| ||||||
8 | Sec. 5.571. The Career and Technical Education Fund. | ||||||
9 | (Source: P.A. 92-597, eff. 6-28-02.)
| ||||||
10 | (30 ILCS 105/5.572)
| ||||||
11 | Sec. 5.572
5.570 . The Presidential Library and Museum | ||||||
12 | Operating Fund. | ||||||
13 | (Source: P.A. 92-600, eff. 6-28-02; revised 8-27-02.)
| ||||||
14 | (30 ILCS 105/5.573)
| ||||||
15 | Sec. 5.573
5.571 . The Family Care Fund. | ||||||
16 | (Source: P.A. 92-600, eff. 6-28-02; revised 8-27-02.)
| ||||||
17 | (30 ILCS 105/5.574)
| ||||||
18 | Sec. 5.574
5.570 . The Transportation Safety Highway | ||||||
19 | Hire-back Fund. | ||||||
20 | (Source: P.A. 92-619, eff. 1-1-03; revised 8-27-02.)
|
| |||||||
| |||||||
1 | (30 ILCS 105/5.575)
| ||||||
2 | Sec. 5.575
5.570 . The McKinley Bridge Fund. | ||||||
3 | (Source: P.A. 92-679, eff. 7-16-02; revised 8-27-02.)
| ||||||
4 | (30 ILCS 105/5.576)
| ||||||
5 | Sec. 5.576
5.570 . (Repealed).
| ||||||
6 | (Source: P.A. 92-691, eff. 7-18-02. Repealed by P.A. 94-91, | ||||||
7 | eff. 7-1-05; revised 8-15-05.)
| ||||||
8 | (30 ILCS 105/5.577)
| ||||||
9 | Sec. 5.577
5.545 . The Hospice Fund. | ||||||
10 | (Source: P.A. 92-693, eff. 1-1-03; revised 8-27-02.)
| ||||||
11 | (30 ILCS 105/5.578)
| ||||||
12 | Sec. 5.578
5.552 . Lewis and Clark Bicentennial Fund. | ||||||
13 | (Source: P.A. 92-694, eff. 1-1-03; revised 8-27-02.)
| ||||||
14 | (30 ILCS 105/5.579)
| ||||||
15 | Sec. 5.579
5.570 . The Public Broadcasting Fund. | ||||||
16 | (Source: P.A. 92-695, eff. 1-1-03; revised 8-27-02.)
| ||||||
17 | (30 ILCS 105/5.580)
| ||||||
18 | Sec. 5.580
5.570 . The Park District Youth Program Fund. | ||||||
19 | (Source: P.A. 92-697, eff. 7-19-02; revised 8-27-02.)
| ||||||
20 | (30 ILCS 105/5.581)
|
| |||||||
| |||||||
1 | Sec. 5.581
5.570 . The Professional Sports Teams Education | ||||||
2 | Fund. | ||||||
3 | (Source: P.A. 92-699, eff. 1-1-03; revised 8-27-02.)
| ||||||
4 | (30 ILCS 105/5.582)
| ||||||
5 | Sec. 5.582
5.570 . The Illinois Pan Hellenic Trust Fund. | ||||||
6 | (Source: P.A. 92-702, eff. 1-1-03; revised 8-27-02.)
| ||||||
7 | (30 ILCS 105/5.583)
| ||||||
8 | Sec. 5.583
5.567 . The September 11th Fund. | ||||||
9 | (Source: P.A. 92-704, eff. 7-19-02; revised 8-27-02.)
| ||||||
10 | (30 ILCS 105/5.584)
| ||||||
11 | Sec. 5.584
5.570 . The Illinois Route 66 Heritage Project | ||||||
12 | Fund. | ||||||
13 | (Source: P.A. 92-706, eff. 1-1-03; revised 8-27-02.)
| ||||||
14 | (30 ILCS 105/5.585)
| ||||||
15 | Sec. 5.585
5.570 . The Stop Neuroblastoma Fund. | ||||||
16 | (Source: P.A. 92-711, eff. 7-19-02; revised 8-27-02.)
| ||||||
17 | (30 ILCS 105/5.586)
| ||||||
18 | Sec. 5.586
5.570 . The Lawyers' Assistance Program Fund. | ||||||
19 | (Source: P.A. 92-747, eff. 7-31-02; revised 8-27-02.)
| ||||||
20 | (30 ILCS 105/5.587)
|
| |||||||
| |||||||
1 | Sec. 5.587
5.570 . The Local Planning Fund. | ||||||
2 | (Source: P.A. 92-768, eff. 8-6-02; revised 8-27-02.)
| ||||||
3 | (30 ILCS 105/5.588)
| ||||||
4 | Sec. 5.588
5.570 . The Multiple Sclerosis Assistance Fund. | ||||||
5 | (Source: P.A. 92-772, eff. 8-6-02; revised 8-27-02.)
| ||||||
6 | (30 ILCS 105/5.589)
| ||||||
7 | Sec. 5.589
5.570 . The Innovations in Long-term Care Quality
| ||||||
8 | Demonstration Grants
Fund.
| ||||||
9 | (Source: P.A. 92-784, eff. 8-6-02; revised 8-27-02.)
| ||||||
10 | (30 ILCS 105/5.590)
| ||||||
11 | Sec. 5.590
5.570 . The End Stage Renal Disease Facility | ||||||
12 | Licensing
Fund.
| ||||||
13 | (Source: P.A. 92-794, eff. 7-1-03; revised 9-27-03.)
| ||||||
14 | (30 ILCS 105/5.591)
| ||||||
15 | Sec. 5.591
5.570 . The Restricted Call Registry Fund. | ||||||
16 | (Source: P.A. 92-795, eff. 8-9-02; revised 8-27-02.)
| ||||||
17 | (30 ILCS 105/5.592)
| ||||||
18 | Sec. 5.592
5.570 . The Illinois Military Family Relief Fund. | ||||||
19 | (Source: P.A. 92-886, eff. 2-7-03; revised 2-17-03.)
| ||||||
20 | (30 ILCS 105/5.593)
|
| |||||||
| |||||||
1 | Sec. 5.593
5.595 . The Illinois Medical District at | ||||||
2 | Springfield
Income Fund.
| ||||||
3 | (Source: P.A. 92-870, eff. 1-3-03; revised 4-14-03.)
| ||||||
4 | (30 ILCS 105/5.594)
| ||||||
5 | Sec. 5.594
5.595 . The Pension Contribution Fund. | ||||||
6 | (Source: P.A. 93-2, eff. 4-7-03; revised 4-14-03.)
| ||||||
7 | (30 ILCS 105/5.595)
| ||||||
8 | Sec. 5.595. The Illinois Prescription Drug
Discount | ||||||
9 | Program Fund. | ||||||
10 | (Source: P.A. 93-18, eff. 7-1-03; 94-86, eff. 1-1-06; 94-91, | ||||||
11 | eff. 7-1-05.)
| ||||||
12 | (30 ILCS 105/5.596)
| ||||||
13 | Sec. 5.596
5.595 . The Emergency Public Health Fund. | ||||||
14 | (Source: P.A. 93-32, eff. 6-20-03; revised 10-9-03.)
| ||||||
15 | (30 ILCS 105/5.597)
| ||||||
16 | Sec. 5.597
5.596 . The Illinois Clean Water Fund. | ||||||
17 | (Source: P.A. 93-32, eff. 7-1-03; revised 10-9-03.)
| ||||||
18 | (30 ILCS 105/5.598)
| ||||||
19 | Sec. 5.598
5.595 . The Fire Truck Revolving Loan Fund. | ||||||
20 | (Source: P.A. 93-35, eff. 6-24-03; revised 10-9-03.)
|
| |||||||
| |||||||
1 | (30 ILCS 105/5.599)
| ||||||
2 | Sec. 5.599
5.595 . The Lou Gehrig's Disease (ALS) Research | ||||||
3 | Fund. | ||||||
4 | (Source: P.A. 93-36, eff. 6-24-03; revised 10-9-03.)
| ||||||
5 | (30 ILCS 105/5.600)
| ||||||
6 | Sec. 5.600
5.595 . The Emergency Public Health Fund. | ||||||
7 | (Source: P.A. 93-52, eff. 6-30-03; revised 10-9-03.)
| ||||||
8 | (30 ILCS 105/5.601)
| ||||||
9 | Sec. 5.601
5.595 . The Obesity Study and Prevention Fund. | ||||||
10 | (Source: P.A. 93-60, eff. 7-1-03; revised 10-9-03.)
| ||||||
11 | (30 ILCS 105/5.602)
| ||||||
12 | Sec. 5.602
5.595 . The World War II Illinois Veterans | ||||||
13 | Memorial Fund. | ||||||
14 | (Source: P.A. 93-131, eff. 7-10-03; revised 10-9-03.)
| ||||||
15 | (30 ILCS 105/5.603)
| ||||||
16 | Sec. 5.603
5.595 . The Oil Spill Response Fund. | ||||||
17 | (Source: P.A. 93-152, eff. 7-10-03; revised 10-9-03.)
| ||||||
18 | (30 ILCS 105/5.604)
| ||||||
19 | Sec. 5.604
5.595 . The Community Senior Services and | ||||||
20 | Resources Fund. | ||||||
21 | (Source: P.A. 93-246, eff. 7-22-03; revised 10-9-03.)
|
| |||||||
| |||||||
1 | (30 ILCS 105/5.605)
| ||||||
2 | Sec. 5.605
5.595 . The Good Samaritan Energy Trust Fund. | ||||||
3 | (Source: P.A. 93-285, eff. 7-22-03; revised 10-9-03.)
| ||||||
4 | (30 ILCS 105/5.606)
| ||||||
5 | Sec. 5.606
5.595 . The Leukemia Treatment and Education | ||||||
6 | Fund. | ||||||
7 | (Source: P.A. 93-324, eff. 7-23-03; revised 10-9-03.)
| ||||||
8 | (30 ILCS 105/5.607)
| ||||||
9 | Sec. 5.607
5.595 . The State Library Fund. | ||||||
10 | (Source: P.A. 93-397, eff. 1-1-04; revised 10-9-03.)
| ||||||
11 | (30 ILCS 105/5.608)
| ||||||
12 | Sec. 5.608
5.595 . The Responsible Fatherhood Fund. | ||||||
13 | (Source: P.A. 93-437, eff. 8-5-03; revised 10-9-03.)
| ||||||
14 | (30 ILCS 105/5.609)
| ||||||
15 | Sec. 5.609
5.595 . The Corporate Crime Fund. | ||||||
16 | (Source: P.A. 93-496, eff. 1-1-04; revised 10-9-03.)
| ||||||
17 | (30 ILCS 105/5.610)
| ||||||
18 | Sec. 5.610
5.595 . The TOMA Consumer Protection Fund. | ||||||
19 | (Source: P.A. 93-535, eff. 1-1-04; revised 10-9-03.)
|
| |||||||
| |||||||
1 | (30 ILCS 105/5.611)
| ||||||
2 | Sec. 5.611
5.595 . The Debt Collection Fund. | ||||||
3 | (Source: P.A. 93-570, eff. 8-20-03; revised 10-9-03.)
| ||||||
4 | (30 ILCS 105/5.612)
| ||||||
5 | Sec. 5.612
5.595 . The Help Illinois Vote Fund. | ||||||
6 | (Source: P.A. 93-574, eff. 8-21-03; revised 10-9-03.)
| ||||||
7 | (30 ILCS 105/5.613)
| ||||||
8 | Sec. 5.613
5.595 . The Secretary of State Police DUI Fund. | ||||||
9 | (Source: P.A. 93-584, eff. 8-22-03; revised 10-9-03.)
| ||||||
10 | (30 ILCS 105/5.614)
| ||||||
11 | Sec. 5.614
5.595 . The I-FLY Fund. | ||||||
12 | (Source: P.A. 93-585, eff. 8-22-03; revised 10-9-03.)
| ||||||
13 | (30 ILCS 105/5.615)
| ||||||
14 | Sec. 5.615
5.596 . The Efficiency Initiatives Revolving | ||||||
15 | Fund. | ||||||
16 | (Source: P.A. 93-25, eff. 6-20-03; revised 10-9-03.)
| ||||||
17 | (30 ILCS 105/5.616)
| ||||||
18 | Sec. 5.616
5.596 . ICCB Federal Trust Fund. | ||||||
19 | (Source: P.A. 93-153, eff. 7-10-03; revised 10-9-03.)
| ||||||
20 | (30 ILCS 105/5.617)
|
| |||||||
| |||||||
1 | Sec. 5.617.
5.595.
The Illinois Law Enforcement Training | ||||||
2 | Standards Board Costs
and
Attorney Fees Fund.
| ||||||
3 | (Source: P.A. 93-605, eff. 11-19-03; revised 1-10-04.) | ||||||
4 | (30 ILCS 105/5.618)
| ||||||
5 | Sec. 5.618
5.595 . The Tax Recovery Fund. | ||||||
6 | (Source: P.A. 93-658, eff. 1-22-04; revised 1-22-04.) | ||||||
7 | (30 ILCS 105/5.619)
| ||||||
8 | Sec. 5.619
5.620 . The Capitol Restoration Trust Fund.
| ||||||
9 | (Source: P.A. 93-632, eff. 2-1-04; revised 2-3-04.) | ||||||
10 | (30 ILCS 105/5.620)
| ||||||
11 | Sec. 5.620. The Health Care Services Trust Fund.
| ||||||
12 | (Source: P.A. 93-659, eff. 2-3-04.)
| ||||||
13 | (30 ILCS 105/5.622)
| ||||||
14 | Sec. 5.622
5.625 . The Medicaid Provider Relief Fund. | ||||||
15 | (Source: P.A. 93-674, eff. 6-10-04; revised 11-8-04.)
| ||||||
16 | (30 ILCS 105/5.623)
| ||||||
17 | Sec. 5.623
5.625 . The Illinois Veterans' Homes Fund. | ||||||
18 | (Source: P.A. 93-776, eff. 7-21-04; revised 11-8-04.)
| ||||||
19 | (30 ILCS 105/5.624)
| ||||||
20 | Sec. 5.624
5.625 . The Illinois Laboratory Advisory |
| |||||||
| |||||||
1 | Committee Act Fund. | ||||||
2 | (Source: P.A. 93-784, eff. 1-1-05; revised 11-8-04.)
| ||||||
3 | (30 ILCS 105/5.625)
| ||||||
4 | Sec. 5.625. The Alzheimer's Disease Center Clinical Fund. | ||||||
5 | (Source: P.A. 93-929, eff. 8-12-04.)
| ||||||
6 | (30 ILCS 105/5.628)
| ||||||
7 | Sec. 5.628
5.625 . The Downtown Development and Improvement | ||||||
8 | Fund.
| ||||||
9 | (Source: P.A. 93-790, eff. 1-1-05; revised 11-8-04.)
| ||||||
10 | (30 ILCS 105/5.629)
| ||||||
11 | Sec. 5.629
5.625 . The Accessible Electronic Information | ||||||
12 | Service Fund.
| ||||||
13 | (Source: P.A. 93-797, eff. 7-22-04, revised 11-8-04.)
| ||||||
14 | (30 ILCS 105/5.630)
| ||||||
15 | Sec. 5.630
5.625 . The Reviewing Court Alternative Dispute | ||||||
16 | Resolution Fund. | ||||||
17 | (Source: P.A. 93-801, eff. 7-22-04, revised 11-8-04.)
| ||||||
18 | (30 ILCS 105/5.631)
| ||||||
19 | Sec. 5.631
5.625 . The Professional Services Fund. | ||||||
20 | (Source: P.A. 93-839, eff. 7-30-04; revised 11-8-04.)
|
| |||||||
| |||||||
1 | (30 ILCS 105/5.632)
| ||||||
2 | Sec. 5.632
5.625 . The Safe Bottled Water Fund. | ||||||
3 | (Source: P.A. 93-866, eff. 1-1-05; revised 11-8-04.)
| ||||||
4 | (30 ILCS 105/5.633)
| ||||||
5 | Sec. 5.633
5.625 . The Food Animal Institute Fund.
| ||||||
6 | (Source: P.A. 93-883, eff. 8-6-04; revised 11-8-04.)
| ||||||
7 | (30 ILCS 105/5.634)
| ||||||
8 | Sec. 5.634
5.625 . The Fire Sprinkler Dormitory Revolving | ||||||
9 | Loan Fund.
| ||||||
10 | (Source: P.A. 93-887, eff. 1-1-05; revised 11-8-04.)
| ||||||
11 | (30 ILCS 105/5.635)
| ||||||
12 | (Section scheduled to be repealed on August 31, 2007) | ||||||
13 | Sec. 5.635
5.625 . The Technology Immersion Pilot Project | ||||||
14 | Fund. This Section is
repealed on August 31, 2007.
| ||||||
15 | (Source: P.A. 93-901, eff. 8-10-04; 93-904, eff. 8-10-04; | ||||||
16 | revised 11-8-04.)
| ||||||
17 | (30 ILCS 105/5.636)
| ||||||
18 | Sec. 5.636
5.625 . The Physical Fitness Facility Medical | ||||||
19 | Emergency
Preparedness Fund.
| ||||||
20 | (Source: P.A. 93-910, eff. 1-1-05; revised 11-8-04.)
| ||||||
21 | (30 ILCS 105/5.637)
|
| |||||||
| |||||||
1 | Sec. 5.637
5.625 . The Arsonist Registration Fund.
| ||||||
2 | (Source: P.A. 93-949, eff. 1-1-05; revised 11-8-04.)
| ||||||
3 | (30 ILCS 105/5.638)
| ||||||
4 | Sec. 5.638
5.625 . The Mental Health Transportation Fund.
| ||||||
5 | (Source: P.A. 93-1034, eff. 9-3-04; revised 11-8-04.)
| ||||||
6 | (30 ILCS 105/5.639)
| ||||||
7 | Sec. 5.639
5.625 . The Vince Demuzio Memorial Colon Cancer | ||||||
8 | Fund.
| ||||||
9 | (Source: P.A. 94-142, eff. 1-1-06; revised 8-22-05.)
| ||||||
10 | (30 ILCS 105/5.640)
| ||||||
11 | Sec. 5.640. The Heartsaver AED Fund. | ||||||
12 | (Source: P.A. 93-1085, eff. 2-14-05.)
| ||||||
13 | (30 ILCS 105/5.641)
| ||||||
14 | Sec. 5.641
5.640 . The Fund for Child Care for Deployed | ||||||
15 | Military Personnel. | ||||||
16 | (Source: P.A. 94-35, eff. 6-15-05; revised 9-26-05.)
| ||||||
17 | (30 ILCS 105/5.642)
| ||||||
18 | Sec. 5.642
5.640 . The State Board of Education Special | ||||||
19 | Purpose Trust Fund.
| ||||||
20 | (Source: P.A. 94-69, eff. 7-1-05; revised 9-26-05.)
|
| |||||||
| |||||||
1 | (30 ILCS 105/5.643)
| ||||||
2 | Sec. 5.643
5.640 . The Epilepsy Treatment and Education | ||||||
3 | Grants-in-Aid Fund. | ||||||
4 | (Source: P.A. 94-73, eff. 6-23-05; revised 9-26-05.)
| ||||||
5 | (30 ILCS 105/5.644)
| ||||||
6 | Sec. 5.644
5.640 . The Diabetes Research Checkoff Fund.
| ||||||
7 | (Source: P.A. 94-107, eff. 7-1-05; revised 9-26-05.)
| ||||||
8 | (30 ILCS 105/5.645)
| ||||||
9 | Sec. 5.645
5.640 . The Rental Housing Support Program Fund.
| ||||||
10 | (Source: P.A. 94-118, eff. 7-5-05; revised 9-26-05.)
| ||||||
11 | (30 ILCS 105/5.646)
| ||||||
12 | Sec. 5.646
5.640 . The Ticket For The Cure Fund.
| ||||||
13 | (Source: P.A. 94-120, eff. 7-6-05; revised 9-26-05.)
| ||||||
14 | (30 ILCS 105/5.647)
| ||||||
15 | Sec. 5.647
5.640 . The Sarcoidosis Research Fund. | ||||||
16 | (Source: P.A. 94-141, eff. 1-1-06; revised 9-26-05.)
| ||||||
17 | (30 ILCS 105/5.648)
| ||||||
18 | Sec. 5.648
5.640 . The Illinois AgrAbility Fund. | ||||||
19 | (Source: P.A. 94-216, eff. 7-14-05; revised 9-26-05.)
| ||||||
20 | (30 ILCS 105/5.649)
|
| |||||||
| |||||||
1 | Sec. 5.649
5.640 . The Computer Investment Program Fund. | ||||||
2 | (Source: P.A. 94-262, eff. 1-1-06; revised 9-26-05.)
| ||||||
3 | (30 ILCS 105/5.651)
| ||||||
4 | Sec. 5.651
5.640 . The Traffic Control Signal Preemption | ||||||
5 | Devices for Ambulances Fund. | ||||||
6 | (Source: P.A. 94-373, eff. 1-1-06; revised 9-26-05.)
| ||||||
7 | (30 ILCS 105/5.652)
| ||||||
8 | Sec. 5.652
5.640 . The ICCB Instructional Development and | ||||||
9 | Enhancement Applications Revolving Fund.
| ||||||
10 | (Source: P.A. 94-436, eff. 8-2-05; revised 9-26-05.)
| ||||||
11 | (30 ILCS 105/5.653)
| ||||||
12 | Sec. 5.653
5.640 . The Autism Research Checkoff Fund.
| ||||||
13 | (Source: P.A. 94-442, eff. 8-4-05; revised 9-26-05.)
| ||||||
14 | (30 ILCS 105/5.654)
| ||||||
15 | (Section scheduled to be repealed on December 31, 2010) | ||||||
16 | Sec. 5.654
5.640 . The Parental Participation Pilot Project | ||||||
17 | Fund. This Section is repealed on December 31, 2010.
| ||||||
18 | (Source: P.A. 94-507, eff. 8-8-05; revised 9-26-05.)
| ||||||
19 | (30 ILCS 105/5.655)
| ||||||
20 | Sec. 5.655
5.640 . The Intercity Passenger Rail Fund.
| ||||||
21 | (Source: P.A. 94-535, eff. 8-10-05; revised 9-26-05.)
|
| |||||||
| |||||||
1 | (30 ILCS 105/5.656)
| ||||||
2 | Sec. 5.656
5.640 . The Methamphetamine Law Enforcement | ||||||
3 | Fund. | ||||||
4 | (Source: P.A. 94-550, eff. 1-1-06; revised 9-26-05.)
| ||||||
5 | (30 ILCS 105/5.657)
| ||||||
6 | Sec. 5.657
5.640 . The Illinois Veterans Assistance Fund.
| ||||||
7 | (Source: P.A. 94-585, eff. 8-15-05; revised 9-26-05.)
| ||||||
8 | (30 ILCS 105/5.658)
| ||||||
9 | Sec. 5.658
5.640 . The Blindness Prevention Fund.
| ||||||
10 | (Source: P.A. 94-602, eff. 8-16-05; revised 9-26-05.)
| ||||||
11 | (30 ILCS 105/5.659)
| ||||||
12 | Sec. 5.659
5.640 . The Hospital Basic Services Preservation | ||||||
13 | Fund. | ||||||
14 | (Source: P.A. 94-648, eff. 1-1-06; revised 9-26-05.)
| ||||||
15 | (30 ILCS 105/5.660)
| ||||||
16 | Sec. 5.660
5.640 . The Illinois Brain Tumor Research Fund.
| ||||||
17 | (Source: P.A. 94-649, eff. 8-22-05; revised 9-26-05.)
| ||||||
18 | (30 ILCS 105/5.661)
| ||||||
19 | Sec. 5.661
5.640 . The Sorry Works! Fund.
| ||||||
20 | (Source: P.A. 94-677, eff. 8-25-05; revised 9-26-05.)
|
| |||||||
| |||||||
1 | (30 ILCS 105/5.662)
| ||||||
2 | Sec. 5.662
5.640 . The Demutualization Trust Fund. | ||||||
3 | (Source: P.A. 94-686, eff. 11-2-05; revised 11-15-05.)
| ||||||
4 | (30 ILCS 105/5.663)
| ||||||
5 | Sec. 5.663. The Pension Stabilization Fund. | ||||||
6 | (Source: P.A. 94-839, eff. 6-6-06.)
| ||||||
7 | (30 ILCS 105/5.665)
| ||||||
8 | (This Section may contain text from a Public Act with a | ||||||
9 | delayed effective date ) | ||||||
10 | Sec. 5.665
5.663 . The Cigarette Fire Safety Standard Act | ||||||
11 | Fund. | ||||||
12 | (Source: P.A. 94-775, eff. 1-1-08; revised 8-29-06.)
| ||||||
13 | (30 ILCS 105/5.666)
| ||||||
14 | (Section scheduled to be repealed on July 1, 2016) | ||||||
15 | Sec. 5.666
5.663 . The African-American HIV/AIDS Response | ||||||
16 | Fund. This Section is repealed on July 1, 2016. | ||||||
17 | (Source: P.A. 94-797, eff. 1-1-07; revised 8-29-06.)
| ||||||
18 | (30 ILCS 105/5.667)
| ||||||
19 | Sec. 5.667
5.663 . The Ambulance Revolving Loan Fund. | ||||||
20 | (Source: P.A. 94-829, eff. 6-5-06; revised 8-29-06.)
|
| |||||||
| |||||||
1 | (30 ILCS 105/5.668)
| ||||||
2 | Sec. 5.668
5.663 . The Financial Literacy Fund. | ||||||
3 | (Source: P.A. 94-929, eff. 6-26-06; revised 8-29-06.)
| ||||||
4 | (30 ILCS 105/5.669)
| ||||||
5 | Sec. 5.669
5.663 . The Child Murderer and Violent Offender | ||||||
6 | Against Youth Registration Fund.
| ||||||
7 | (Source: P.A. 94-945, eff. 6-27-06; revised 8-29-06.)
| ||||||
8 | (30 ILCS 105/5.670)
| ||||||
9 | Sec. 5.670
5.663 . Law Enforcement Camera Grant Fund. | ||||||
10 | (Source: P.A. 94-987, eff. 6-30-06; revised 8-29-06.)
| ||||||
11 | (30 ILCS 105/5.671)
| ||||||
12 | Sec. 5.671
5.663 . The Prisoner Review Board Vehicle and | ||||||
13 | Equipment Fund. | ||||||
14 | (Source: P.A. 94-1009, eff. 1-1-07; revised 8-29-06.)
| ||||||
15 | (30 ILCS 105/5.672)
| ||||||
16 | Sec. 5.672
5.663 . The Mid-America Medical District Income | ||||||
17 | Fund. | ||||||
18 | (Source: P.A. 94-1036, eff. 1-1-07; revised 8-29-06.)
| ||||||
19 | (30 ILCS 105/5.673)
| ||||||
20 | (This Section may contain text from a Public Act with a | ||||||
21 | delayed effective date ) |
| |||||||
| |||||||
1 | Sec. 5.673
5.663 . The Tattoo and Body Piercing | ||||||
2 | Establishment Registration Fund. | ||||||
3 | (Source: P.A. 94-1040, eff. 7-1-07; revised 8-29-06.)
| ||||||
4 | (30 ILCS 105/5.674)
| ||||||
5 | Sec. 5.674
5.663 . The Gaining Early Awareness and Readiness | ||||||
6 | for Undergraduate Programs Fund. | ||||||
7 | (Source: P.A. 94-1043, eff. 7-24-06; revised 8-29-06.)
| ||||||
8 | (30 ILCS 105/6b) (from Ch. 127, par. 142b)
| ||||||
9 | Sec. 6b. The gross or total proceeds, receipts and income | ||||||
10 | of all the several
State institutions, clinics, rehabilitation | ||||||
11 | centers and services, except the
Illinois Veterans Home at | ||||||
12 | Quincy, derived from the Veterans' Administration for
the care | ||||||
13 | and treatment of veterans of World War I or World War II or | ||||||
14 | those who
served during the national emergency between June 25, | ||||||
15 | 1950 and January 31,
1955, who are patients or residents in the | ||||||
16 | State institutions, clinics,
rehabilitation centers and | ||||||
17 | services, shall be covered into the State treasury
into the | ||||||
18 | Mental Health Fund. Of the money in the United States Veterans'
| ||||||
19 | Bureau Fund on the effective date of this amendatory Act of | ||||||
20 | 1977, $199,800
shall be transferred to the Quincy Veterans' | ||||||
21 | Home Fund and the balance shall be
transferred to the Mental | ||||||
22 | Health Fund.
| ||||||
23 | The gross receipts of the Department of Human Services | ||||||
24 | relating to mental
health and developmental disabilities that |
| |||||||
| |||||||
1 | are obtained for services,
commodities, equipment and | ||||||
2 | personnel
provided to other agencies and branches of State | ||||||
3 | government, to units of
local government, to the government of | ||||||
4 | other states or to the federal
government shall be deposited | ||||||
5 | with the State Treasurer for deposit into the
Mental Health | ||||||
6 | Fund.
| ||||||
7 | The gross receipts of the Department of Human Services | ||||||
8 | relating to mental
health and developmental disabilities that | ||||||
9 | are obtained in connection with
the retention, receipt, | ||||||
10 | assignment,
license, sale or transfer of interests in, rights | ||||||
11 | to, or income from
discoveries, inventions, patents, or | ||||||
12 | copyrightable works to governmental,
public or private | ||||||
13 | agencies or persons including units, branches, or agencies of
| ||||||
14 | local, State, federal and foreign governments shall be | ||||||
15 | deposited with the State
Treasurer for deposit into the Mental | ||||||
16 | Health Fund.
| ||||||
17 | Remittances from or on behalf of licensed long-term care | ||||||
18 | facilities
through Department of Healthcare and Family | ||||||
19 | Services (formerly Department of Public Aid ) reimbursement and | ||||||
20 | monies from other funds
for Day Training Programs for clients | ||||||
21 | with a developmental disability shall be
deposited with the | ||||||
22 | State Treasurer and placed in the Mental Health Fund.
| ||||||
23 | (Source: P.A. 88-380; 89-507, eff. 7-1-97; revised 12-15-05.)
| ||||||
24 | (30 ILCS 105/6z-24) (from Ch. 127, par. 142z-24)
| ||||||
25 | Sec. 6z-24. There is created in the State Treasury the |
| |||||||
| |||||||
1 | Special Education
Medicaid Matching Fund. All monies received | ||||||
2 | from the federal government
due to expenditures by local | ||||||
3 | education agencies for services authorized under Section 1903 | ||||||
4 | of the
Social Security Act, as amended, and for the | ||||||
5 | administrative costs related
thereto shall be deposited in the | ||||||
6 | Special Education Medicaid Matching Fund.
All monies received | ||||||
7 | from the federal government due to expenditures by local
| ||||||
8 | education agencies for
services authorized under Section 2105 | ||||||
9 | of the Social Security Act, as amended,
shall be deposited in | ||||||
10 | the Special Education Medicaid Matching Fund.
| ||||||
11 | The monies in the Special Education Medicaid Matching Fund | ||||||
12 | shall be held
subject to appropriation by the General Assembly | ||||||
13 | to the State Board of
Education or the Illinois Department of | ||||||
14 | Healthcare and Family Services
Public Aid for distribution to
| ||||||
15 | school districts, pursuant to an interagency
agreement between | ||||||
16 | the Department of Healthcare and Family Services (formerly
| ||||||
17 | Illinois Department of Public Aid ) and the State Board of
| ||||||
18 | Education or intergovernmental agreements between the | ||||||
19 | Department of Healthcare and Family Services (formerly
| ||||||
20 | Illinois Department of
Public Aid ) and individual local | ||||||
21 | education agencies for eligible claims
under Titles XIX and XXI | ||||||
22 | of the Social Security Act.
| ||||||
23 | (Source: P.A. 91-24, eff. 7-1-99; 91-266, eff. 7-23-99; 92-10, | ||||||
24 | eff. 6-11-01; revised 12-15-05.)
| ||||||
25 | (30 ILCS 105/6z-30)
|
| |||||||
| |||||||
1 | Sec. 6z-30. University of Illinois Hospital Services Fund.
| ||||||
2 | (a) The University of Illinois Hospital Services Fund is | ||||||
3 | created as a
special fund in the State Treasury. The following | ||||||
4 | moneys shall be deposited
into the Fund:
| ||||||
5 | (1) As soon as possible after the beginning of each | ||||||
6 | fiscal year (starting
in fiscal year 1995), and in no event | ||||||
7 | later than July 30, the State
Comptroller and the State | ||||||
8 | Treasurer shall automatically transfer $44,700,000
from | ||||||
9 | the General Revenue Fund to the University of Illinois | ||||||
10 | Hospital Services
Fund.
| ||||||
11 | (2) All intergovernmental transfer payments to the | ||||||
12 | Department of Healthcare and Family Services (formerly
| ||||||
13 | Illinois Department of
Public Aid ) by the University of | ||||||
14 | Illinois made pursuant to an
intergovernmental agreement | ||||||
15 | under subsection (b) or (c) of Section 5A-3 of
the Illinois | ||||||
16 | Public Aid Code.
| ||||||
17 | (3) All federal matching funds received by the | ||||||
18 | Department of Healthcare and Family Services (formerly
| ||||||
19 | Illinois Department of
Public Aid ) as a result of | ||||||
20 | expenditures made by the Illinois Department that are
| ||||||
21 | attributable to moneys that were deposited in the Fund.
| ||||||
22 | (b) Moneys in the fund may be used by the Department of | ||||||
23 | Healthcare and Family Services (formerly Illinois Department | ||||||
24 | of Public Aid ) ,
subject to appropriation, to reimburse the | ||||||
25 | University of Illinois Hospital for
hospital and pharmacy | ||||||
26 | services. The fund may also be used to make monthly
transfers |
| |||||||
| |||||||
1 | to the
General Revenue Fund as provided in subsection (c).
| ||||||
2 | (c) The State Comptroller and State Treasurer shall | ||||||
3 | automatically transfer
on the last day of each month except | ||||||
4 | June, beginning August 31, 1994, from the
University of | ||||||
5 | Illinois Hospital Services Fund to the General Revenue Fund, an
| ||||||
6 | amount determined and certified to the State Comptroller by the | ||||||
7 | Director of Healthcare and Family Services (formerly Director | ||||||
8 | of
Public Aid ) , equal to the amount by which the balance in the | ||||||
9 | Fund exceeds the
amount necessary to ensure timely payments to | ||||||
10 | the University of Illinois
Hospital.
| ||||||
11 | On June 30, 1995 and each June 30 thereafter, the State | ||||||
12 | Comptroller and State
Treasurer shall automatically transfer | ||||||
13 | the entire balance in the University of
Illinois Hospital | ||||||
14 | Services Fund to the General Revenue Fund.
| ||||||
15 | (Source: P.A. 93-20, eff. 6-20-03; revised 12-15-05.)
| ||||||
16 | (30 ILCS 105/6z-43)
| ||||||
17 | Sec. 6z-43. Tobacco Settlement Recovery Fund.
| ||||||
18 | (a) There is created in the State Treasury a special fund | ||||||
19 | to be known
as the Tobacco Settlement Recovery Fund, into which | ||||||
20 | shall be deposited
all monies paid to the State pursuant to (1) | ||||||
21 | the Master Settlement Agreement
entered in the case of People | ||||||
22 | of the State of Illinois v. Philip Morris, et al.
(Circuit | ||||||
23 | Court of Cook County, No. 96-L13146) and (2) any settlement | ||||||
24 | with or
judgment against any tobacco product manufacturer other | ||||||
25 | than one participating
in the Master Settlement Agreement in |
| |||||||
| |||||||
1 | satisfaction of any released claim as
defined in the Master | ||||||
2 | Settlement Agreement, as well as any other monies as
provided | ||||||
3 | by law. All earnings on Fund investments shall be deposited | ||||||
4 | into
the Fund. Upon the creation of the Fund, the State | ||||||
5 | Comptroller shall order
the State Treasurer to transfer into | ||||||
6 | the Fund any monies paid to the State as
described in item (1) | ||||||
7 | or (2) of this Section before the creation of the Fund
plus any | ||||||
8 | interest earned on the investment of those monies. The | ||||||
9 | Treasurer
may invest the moneys in the Fund in the same manner, | ||||||
10 | in the same types of
investments, and subject to the same | ||||||
11 | limitations provided in the Illinois
Pension Code for the | ||||||
12 | investment of pension funds other than those established
under | ||||||
13 | Article 3 or 4 of the Code.
| ||||||
14 | (b) As soon as may be practical after June 30, 2001, upon | ||||||
15 | notification
from and at the direction of the Governor, the | ||||||
16 | State Comptroller shall direct
and the State Treasurer shall | ||||||
17 | transfer the unencumbered balance in the Tobacco
Settlement | ||||||
18 | Recovery Fund as of June 30, 2001, as determined by the | ||||||
19 | Governor,
into the Budget Stabilization Fund. The Treasurer may | ||||||
20 | invest the moneys in the
Budget Stabilization Fund in the same | ||||||
21 | manner, in the same types of investments,
and subject to the | ||||||
22 | same limitations provided in the Illinois Pension Code for
the | ||||||
23 | investment of pension funds other than those established under | ||||||
24 | Article 3 or
4 of the Code.
| ||||||
25 | (c) In addition to any other deposits authorized by law, | ||||||
26 | after any delivery
of any bonds as authorized by Section 7.5 of |
| |||||||
| |||||||
1 | the General Obligation Bond Act
for deposits to the General | ||||||
2 | Revenue Fund and the Budget Stabilization Fund
(referred to as | ||||||
3 | "tobacco securitization general obligation bonds"), the
| ||||||
4 | Governor shall certify, on or before June 30, 2003 and June 30 | ||||||
5 | of each year
thereafter, to the State Comptroller and State | ||||||
6 | Treasurer the total amount of
principal of, interest on, and | ||||||
7 | premium, if any, due on those bonds in the
next fiscal year | ||||||
8 | beginning with amounts due in fiscal year 2004. As soon as
| ||||||
9 | practical after the annual payment of tobacco settlement moneys | ||||||
10 | to the Tobacco
Settlement Recovery Fund as described in item | ||||||
11 | (1) of subsection (a), the State
Treasurer and State | ||||||
12 | Comptroller shall transfer from the Tobacco Settlement
| ||||||
13 | Recovery Fund to the General Obligation Bond Retirement and | ||||||
14 | Interest Fund the
amount certified by the Governor, plus any | ||||||
15 | cumulative deficiency in those
transfers for prior years.
| ||||||
16 | (d)
(c) All federal financial participation moneys | ||||||
17 | received
pursuant to expenditures from the Fund shall be | ||||||
18 | deposited into the Fund.
| ||||||
19 | (Source: P.A. 91-646, eff. 11-19-99; 91-704, eff. 7-1-00; | ||||||
20 | 91-797, eff.
6-9-00; 92-11, eff. 6-11-01; 92-16, eff. 6-28-01; | ||||||
21 | 92-596, eff. 6-28-02;
92-597, eff. 6-28-02; revised 9-3-02.)
| ||||||
22 | (30 ILCS 105/6z-52)
| ||||||
23 | Sec. 6z-52. Drug Rebate Fund.
| ||||||
24 | (a) There is created in the State Treasury a special fund | ||||||
25 | to be known as
the Drug Rebate Fund.
|
| |||||||
| |||||||
1 | (b) The Fund is created for the purpose of receiving and | ||||||
2 | disbursing moneys
in accordance with this Section. | ||||||
3 | Disbursements from the Fund shall be made,
subject to | ||||||
4 | appropriation, only as follows:
| ||||||
5 | (1) For payments to pharmacies for reimbursement for | ||||||
6 | prescription drugs
provided to a recipient of aid under | ||||||
7 | Article V of the Illinois Public Aid Code
or the Children's | ||||||
8 | Health Insurance Program Act.
| ||||||
9 | (2) For reimbursement of moneys collected by the | ||||||
10 | Department of Healthcare and Family Services (formerly
| ||||||
11 | Illinois Department of
Public Aid ) through error or | ||||||
12 | mistake.
| ||||||
13 | (3) For payments of any amounts that are reimbursable | ||||||
14 | to the federal
government resulting from a payment into | ||||||
15 | this Fund.
| ||||||
16 | (c) The Fund shall consist of the following:
| ||||||
17 | (1) Upon notification from the Director of Healthcare | ||||||
18 | and Family Services
Public Aid , the Comptroller
shall | ||||||
19 | direct and the Treasurer shall transfer the net State share | ||||||
20 | of all moneys
received by the Department of Healthcare and | ||||||
21 | Family Services (formerly Illinois Department of Public | ||||||
22 | Aid ) from drug rebate agreements
with pharmaceutical | ||||||
23 | manufacturers pursuant to Title XIX of the federal Social
| ||||||
24 | Security Act, including any portion of the balance in the | ||||||
25 | Public Aid Recoveries
Trust Fund on July 1, 2001 that is | ||||||
26 | attributable to such receipts.
|
| |||||||
| |||||||
1 | (2) All federal matching funds received by the Illinois | ||||||
2 | Department as a
result of expenditures made by the | ||||||
3 | Department that are attributable to moneys
deposited in the | ||||||
4 | Fund.
| ||||||
5 | (3) Any premium collected by the Illinois Department | ||||||
6 | from participants
under a waiver approved by the federal | ||||||
7 | government relating to provision of
pharmaceutical | ||||||
8 | services.
| ||||||
9 | (4) All other moneys received for the Fund from any | ||||||
10 | other source,
including interest earned thereon.
| ||||||
11 | (Source: P.A. 92-10, eff. 6-11-01; revised 12-15-05.)
| ||||||
12 | (30 ILCS 105/6z-53)
| ||||||
13 | Sec. 6z-53. Downstate Emergency Response Fund.
| ||||||
14 | (a) In this Section:
| ||||||
15 | "Downstate county" means any county with a population of | ||||||
16 | less than 250,000
with a level I trauma center.
| ||||||
17 | "Trauma center" has the same meaning as in the Emergency | ||||||
18 | Medical Services
(EMS) Systems Act.
| ||||||
19 | (b) The Downstate Emergency Response Fund is created as a | ||||||
20 | special fund in
the State Treasury.
| ||||||
21 | (c) The following moneys shall be deposited into the Fund:
| ||||||
22 | (1) Moneys appropriated by the General Assembly.
| ||||||
23 | (2) Fees or other amounts paid to the Department of | ||||||
24 | Transportation for
the use of an emergency helicopter for | ||||||
25 | the transportation of an individual
to a trauma center |
| |||||||
| |||||||
1 | located in a downstate county or for any other medical
| ||||||
2 | emergency response. The Department may adopt rules | ||||||
3 | establishing reasonable
fees and other amounts to be paid | ||||||
4 | for the use of such helicopters and may
collect those fees | ||||||
5 | and other amounts.
| ||||||
6 | (3) Gifts, grants, other appropriations, or any other | ||||||
7 | moneys designated
for deposit into the Fund.
| ||||||
8 | (d) Subject to appropriation, moneys in the Fund shall be | ||||||
9 | used for the
following purposes:
| ||||||
10 | (1) By the Department of Transportation to purchase, | ||||||
11 | lease, maintain,
and operate helicopters, including | ||||||
12 | payment of any costs associated with
personnel or other | ||||||
13 | expenses necessary for the maintenance or operation of such
| ||||||
14 | helicopters, (A) for emergency response transportation of | ||||||
15 | individuals to trauma
centers located in downstate | ||||||
16 | counties and (B) to support law enforcement,
disaster | ||||||
17 | response, and other medical emergency response. Moneys | ||||||
18 | appropriated
from the Fund for these purposes shall be in | ||||||
19 | addition to any other moneys used
for these purposes.
| ||||||
20 | (2) By the Department of Healthcare and Family Services
| ||||||
21 | Public Aid for medical assistance under
Article V of the | ||||||
22 | Illinois Public Aid Code.
| ||||||
23 | (Source: P.A. 92-10, eff. 6-11-01; revised 12-15-05.)
| ||||||
24 | (30 ILCS 105/6z-56)
| ||||||
25 | Sec. 6z-56. The Health Care Services Trust Fund. The
Health |
| |||||||
| |||||||
1 | Care Services
Trust Fund is hereby created as a special fund in | ||||||
2 | the State treasury.
| ||||||
3 | The Fund shall consist of moneys deposited, transferred, or | ||||||
4 | appropriated into
the Fund from units of local government other | ||||||
5 | than a county with a population
greater than 3,000,000, from | ||||||
6 | the State, from federal matching
funds, or from
any other legal | ||||||
7 | source.
| ||||||
8 | Subject to appropriation, the moneys in the Fund shall be | ||||||
9 | used by the
Department
of Healthcare and Family Services
Public | ||||||
10 | Aid to make payments to providers of services covered under the
| ||||||
11 | Medicaid or State Children's Health Insurance programs. | ||||||
12 | Payments may be made
out of the Fund only to providers located | ||||||
13 | within the geographic jurisdiction of
units of local government | ||||||
14 | that make deposits, transfers, or appropriations into
the Fund.
| ||||||
15 | The Department of Healthcare and Family Services
Public Aid
| ||||||
16 | shall adopt rules concerning application for and
disbursement | ||||||
17 | of the moneys in the Fund.
| ||||||
18 | (Source: P.A. 93-659, eff. 2-3-04; revised 12-15-05.)
| ||||||
19 | (30 ILCS 105/6z-58)
| ||||||
20 | Sec. 6z-58. The Family Care Fund.
| ||||||
21 | (a) There is created in the State treasury the Family Care | ||||||
22 | Fund. Interest
earned by the Fund shall be credited to the | ||||||
23 | Fund.
| ||||||
24 | (b) The Fund is created for the purposes of receiving, | ||||||
25 | investing, and
distributing moneys in accordance with (i) an |
| |||||||
| |||||||
1 | approved waiver under the Social
Security Act resulting from | ||||||
2 | the Family Care waiver request submitted by the
Illinois | ||||||
3 | Department of Public Aid on February 15, 2002 and (ii) an | ||||||
4 | interagency agreement between the Department of Healthcare and | ||||||
5 | Family Services (formerly Department of Public Aid ) and another | ||||||
6 | agency of State government. The Fund shall consist
of:
| ||||||
7 | (1) All federal financial participation moneys | ||||||
8 | received pursuant to the
approved waiver, except for moneys | ||||||
9 | received pursuant to expenditures for
medical services by | ||||||
10 | the Department of Healthcare and Family Services (formerly
| ||||||
11 | Department of Public Aid ) from any other fund; and
| ||||||
12 | (2) All other moneys received by the Fund from any | ||||||
13 | source, including
interest thereon.
| ||||||
14 | (c) Subject to appropriation, the moneys in the Fund shall | ||||||
15 | be disbursed for
reimbursement of medical services and other | ||||||
16 | costs associated with persons
receiving such services:
| ||||||
17 | (1) under programs administered by the Department of | ||||||
18 | Healthcare and Family Services (formerly Department of | ||||||
19 | Public Aid ) ; and | ||||||
20 | (2) pursuant to an interagency agreement, under | ||||||
21 | programs administered by another agency of State | ||||||
22 | government.
| ||||||
23 | (Source: P.A. 92-600, eff. 6-28-02; 93-20, eff. 6-20-03; | ||||||
24 | 93-841, eff. 7-30-04; revised 12-15-05.)
| ||||||
25 | (30 ILCS 105/8.42)
|
| |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
| |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
1 | Sec. 8.42. Interfund transfers. In order to address the | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
2 | fiscal emergency
resulting from shortfalls in revenue, the | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
3 | following transfers are authorized
from the designated funds | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
4 | into the General Revenue Fund:
| ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
|
| ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
| ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
|
| ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
| ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
|
| ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
| ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
|
| ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
| ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
| ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
16 | All such transfers shall be made on July 1, 2003, or as | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
17 | soon
thereafter as practical. These transfers may be made | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
18 | notwithstanding any
other provision of law to the contrary.
| |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
19 | (Source: P.A. 93-32, eff. 6-20-03; revised 10-11-05.)
| |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
20 | (30 ILCS 105/8.44) | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
21 | Sec. 8.44. Special fund transfers. | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
22 | (a) In order to maintain the integrity of special funds and
| |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
23 | improve stability in the General Revenue Fund, the following
| |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
24 | transfers are authorized from the designated funds into the
| |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
25 | General Revenue Fund: |
| |||||||
| |||||||
1 | Aeronautics Fund ......................................$2,186
| ||||||
2 | Aggregate Operations Regulatory Fund .................$32,750
| ||||||
3 | Agrichemical Incident Response Trust Fund ...........$419,830
| ||||||
4 | Agricultural Master Fund .............................$17,827
| ||||||
5 | Air Transportation Revolving Fund ...................$181,478
| ||||||
6 | Airport Land Loan Revolving Fund ..................$1,669,970
| ||||||
7 | Alternate Fuels Fund ..............................$1,056,833
| ||||||
8 | Alternative Compliance Market Account Fund ...........$53,120
| ||||||
9 | Appraisal Administration Fund .......................$250,000
| ||||||
10 | Armory Rental Fund ..................................$111,538
| ||||||
11 | Assisted Living and Shared Housing Regulatory Fund ...$24,493
| ||||||
12 | Bank and Trust Company Fund .......................$3,800,000
| ||||||
13 | Capital Development Board Revolving Fund ............$453,054
| ||||||
14 | Care Provider Fund for Persons
| ||||||
15 | with a Developmental Disability ...................$2,378,270
| ||||||
16 | Charter Schools Revolving Loan Fund .................$650,721
| ||||||
17 | Child Support Administrative Fund .................$1,117,266
| ||||||
18 | Coal Mining Regulatory Fund .........................$127,583
| ||||||
19 | Communications Revolving Fund ....................$12,999,839
| ||||||
20 | Community Health Center Care Fund ...................$104,480
| ||||||
21 | Community Water Supply Laboratory Fund ..............$716,232
| ||||||
22 | Continuing Legal Education Trust Fund ................$23,419
| ||||||
23 | Corporate Franchise Tax Refund Fund .................$500,000
| ||||||
24 | Court of Claims Administration and Grant Fund ........$24,949
| ||||||
25 | Criminal Justice Information Projects Fund ...........$18,212
| ||||||
26 | DCFS Special Purposes Trust Fund .....................$77,835
|
| |||||||
| |||||||
1 | Death Certificate Surcharge Fund ..................$1,134,341
| ||||||
2 | Department of Business Services
| ||||||
3 | Special Operations Fund ...........................$2,000,000
| ||||||
4 | Department of Children and Family Services
| ||||||
5 | Training Fund .....................................$1,408,106
| ||||||
6 | Department of Corrections
| ||||||
7 | Reimbursement and Education Fund ..................$2,208,323
| ||||||
8 | Department of Insurance State Trust Fund .............$18,009
| ||||||
9 | Department of Labor Special State Trust Fund ........$359,895
| ||||||
10 | Department on Aging State Projects Fund ..............$10,059
| ||||||
11 | Design Professionals Administration
| ||||||
12 | and Investigation Fund ...............................$51,701
| ||||||
13 | DHS Recoveries Trust Fund .........................$1,591,834
| ||||||
14 | DHS State Projects Fund ..............................$89,917
| ||||||
15 | Division of Corporations
| ||||||
16 | Registered Limited Liability Partnership Fund .......$150,000
| ||||||
17 | DNR Special Projects Fund ...........................$301,649
| ||||||
18 | Dram Shop Fund ......................................$110,554
| ||||||
19 | Drivers Education Fund ...............................$30,152
| ||||||
20 | Drug Rebate Fund .................................$17,315,821
| ||||||
21 | Drug Traffic Prevention Fund .........................$22,123
| ||||||
22 | Drug Treatment Fund .................................$160,030
| ||||||
23 | Drunk and Drugged Driving Prevention Fund ............$51,220
| ||||||
24 | Drycleaner Environmental Response Trust Fund ......$1,137,971
| ||||||
25 | DuQuoin State Fair Harness Racing Trust Fund ..........$3,368
| ||||||
26 | Early Intervention Services Revolving Fund ........$1,044,935
|
| |||||||
| |||||||
1 | Economic Research and Information Fund ...............$49,005
| ||||||
2 | Educational Labor Relations Board
| ||||||
3 | Fair Share Trust Fund ................................$40,933
| ||||||
4 | Efficiency Initiatives Revolving Fund .............$6,178,298
| ||||||
5 | Emergency Planning and Training Fund .................$28,845
| ||||||
6 | Emergency Public Health Fund ........................$139,997
| ||||||
7 | Emergency Response Reimbursement Fund ................$15,873
| ||||||
8 | EMS Assistance Fund ..................................$40,923
| ||||||
9 | Energy Assistance Contribution Fund ..................$89,692
| ||||||
10 | Energy Efficiency Trust Fund ......................$1,300,938
| ||||||
11 | Environmental Laboratory Certification Fund ..........$62,039
| ||||||
12 | Environmental Protection Permit and Inspection Fund .$180,571
| ||||||
13 | Environmental Protection Trust Fund ...............$2,228,031
| ||||||
14 | EPA Court Trust Fund ................................$338,646
| ||||||
15 | EPA Special State Projects Trust Fund ...............$284,263
| ||||||
16 | Explosives Regulatory Fund ...........................$23,125
| ||||||
17 | Facilities Management Revolving Fund ..............$4,803,971
| ||||||
18 | Facility Licensing Fund ..............................$22,958
| ||||||
19 | Family Care Fund .....................................$22,585
| ||||||
20 | Federal Asset Forfeiture Fund .........................$1,871
| ||||||
21 | Feed Control Fund ...................................$478,234
| ||||||
22 | Fertilizer Control Fund .............................$207,398
| ||||||
23 | Financial Institution Fund ........................$2,448,690
| ||||||
24 | Firearm Owner's Notification Fund .....................$3,960
| ||||||
25 | Food and Drug Safety Fund ...........................$421,401
| ||||||
26 | General Professions Dedicated Fund ................$3,975,808
|
| |||||||
| |||||||
1 | Good Samaritan Energy Trust Fund ......................$7,191
| ||||||
2 | Governor's Grant Fund .................................$1,592
| ||||||
3 | Group Workers' Compensation Pool Insolvency Fund ....$136,547
| ||||||
4 | Guardianship and Advocacy Fund .......................$27,289
| ||||||
5 | Hazardous Waste Occupational Licensing Fund ..........$14,939
| ||||||
6 | Hazardous Waste Research Fund .......................$125,209
| ||||||
7 | Health Facility Plan Review Fund ....................$165,972
| ||||||
8 | Hearing Instrument Dispenser
| ||||||
9 | Examining and Disciplinary Fund .....................$102,842
| ||||||
10 | Home Inspector Administration Fund ..................$244,503
| ||||||
11 | IEMA State Projects Fund .................................$13
| ||||||
12 | Illinois Beach Marina Fund (now known as the Adeline Jay | ||||||
13 | Geo-Karis Illinois Beach Marina Fund) ...............$177,801
| ||||||
14 | Illinois Capital Revolving Loan Fund ..............$4,024,106
| ||||||
15 | Illinois Clean Water Fund .........................$1,835,796
| ||||||
16 | Illinois Community College Board
| ||||||
17 | Contracts and Grants Fund .................................$9
| ||||||
18 | Illinois Department of Agriculture
| ||||||
19 | Laboratory Services Revolving Fund ..................$174,795
| ||||||
20 | Illinois Equity Fund ................................$119,193
| ||||||
21 | Illinois Executive Mansion Trust Fund ................$56,154
| ||||||
22 | Illinois Forestry Development Fund ................$1,389,096
| ||||||
23 | Illinois Future Teacher Corps Scholarship Fund ........$4,836
| ||||||
24 | Illinois Gaming Law Enforcement Fund ................$650,646
| ||||||
25 | Illinois Habitat Endowment Trust Fund .............$3,641,262
| ||||||
26 | Illinois Health Facilities Planning Fund .............$23,066
|
| |||||||
| |||||||
1 | Illinois Historic Sites Fund ........................$134,366
| ||||||
2 | Illinois National Guard Armory Construction Fund .....$31,469
| ||||||
3 | Illinois Rural Rehabilitation Fund ....................$8,190
| ||||||
4 | Illinois School Asbestos Abatement Fund .............$183,191
| ||||||
5 | Illinois State Fair Fund .............................$50,176
| ||||||
6 | Illinois State Podiatric Disciplinary Fund ..........$317,239
| ||||||
7 | Illinois Student Assistance Commission
| ||||||
8 | Contracts and Grants Fund .............................$5,589
| ||||||
9 | Illinois Tourism Tax Fund ...........................$647,749
| ||||||
10 | Illinois Underground Utility Facilities
| ||||||
11 | Damage Prevention Fund ................................$2,175
| ||||||
12 | Illinois Veterans' Rehabilitation Fund ..............$218,940
| ||||||
13 | Industrial Hygiene Regulatory and Enforcement Fund ....$3,564
| ||||||
14 | Innovations in Long-Term Care
| ||||||
15 | Quality Demonstration Grants Fund ...................$565,494
| ||||||
16 | Insurance Financial Regulation Fund .................$800,000
| ||||||
17 | ISAC Accounts Receivable Fund ........................$26,374
| ||||||
18 | ISBE GED Testing Fund ...............................$146,196
| ||||||
19 | ISBE Teacher Certificate Institute Fund .............$122,117
| ||||||
20 | J.J. Wolf Memorial for Conservation Investigation Fund .$8,137
| ||||||
21 | Kaskaskia Commons Permanent Fund .....................$79,813
| ||||||
22 | Land Reclamation Fund ................................$30,582
| ||||||
23 | Large Business Attraction Fund ......................$340,777
| ||||||
24 | Lawyers' Assistance Program Fund ....................$198,207
| ||||||
25 | LEADS Maintenance Fund ...............................$76,981
| ||||||
26 | Lieutenant Governor's Grant Fund ........................$188
|
| |||||||
| |||||||
1 | Livestock Management Facilities Fund .................$47,800
| ||||||
2 | Local Initiative Fund .............................$1,940,646
| ||||||
3 | Local Tourism Fund ..................................$132,876
| ||||||
4 | Long Term Care Monitor/Receiver Fund ................$427,850
| ||||||
5 | Monetary Award Program Reserve Fund .................$879,700
| ||||||
6 | McCormick Place Expansion Project Fund ....................$0
| ||||||
7 | Medicaid Buy-In Program Revolving Fund ..............$318,894
| ||||||
8 | Medicaid Fraud and Abuse Prevention Fund .............$60,306
| ||||||
9 | Medical Special Purposes Trust Fund .................$930,668
| ||||||
10 | Military Affairs Trust Fund ..........................$68,468
| ||||||
11 | Motor Carrier Safety Inspection Fund ................$147,477
| ||||||
12 | Motor Fuel and Petroleum Standards Fund ..............$19,673
| ||||||
13 | Motor Vehicle Review Board Fund .....................$250,000
| ||||||
14 | Motor Vehicle Theft Prevention Trust Fund .........$1,415,361
| ||||||
15 | Narcotics Profit Forfeiture Fund .....................$39,379
| ||||||
16 | Natural Heritage Endowment Trust Fund ...............$557,264
| ||||||
17 | Natural Heritage Fund .................................$3,336
| ||||||
18 | Natural Resources Information Fund ...................$64,596
| ||||||
19 | Natural Resources Restoration Trust Fund .............$63,002
| ||||||
20 | Off-Highway Vehicle Trails Fund .....................$244,815
| ||||||
21 | Oil Spill Response Fund .............................$167,547
| ||||||
22 | Paper and Printing Revolving Fund ....................$48,476
| ||||||
23 | Park and Conservation Fund ........................$3,050,154
| ||||||
24 | Pawnbroker Regulation Fund ...........................$94,131
| ||||||
25 | Pesticide Control Fund ..............................$420,223
| ||||||
26 | Petroleum Resources Revolving Fund ...................$85,540
|
| |||||||
| |||||||
1 | Police Training Board Services Fund ...................$1,540
| ||||||
2 | Pollution Control Board Fund .........................$23,004
| ||||||
3 | Pollution Control Board Trust Fund ..................$410,651
| ||||||
4 | Post Transplant Maintenance and Retention Fund .......$75,100
| ||||||
5 | Presidential Library and Museum Operating Fund ......$727,250
| ||||||
6 | Professional Regulation Evidence Fund .................$2,817
| ||||||
7 | Professional Services Fund ...........................$46,222
| ||||||
8 | Provider Inquiry Trust Fund .........................$207,098
| ||||||
9 | Public Aid Recoveries Trust Fund ..................$7,610,631
| ||||||
10 | Public Health Laboratory Services Revolving Fund .....$92,276
| ||||||
11 | Public Health Special State Projects Fund ...........$816,202
| ||||||
12 | Public Health Water Permit Fund ......................$17,624
| ||||||
13 | Public Infrastructure Construction
| ||||||
14 | Loan Revolving Fund ..................................$63,802
| ||||||
15 | Public Pension Regulation Fund ......................$222,433
| ||||||
16 | Racing Board Fingerprint License Fund ................$16,835
| ||||||
17 | Radiation Protection Fund ...........................$212,010
| ||||||
18 | Real Estate License Administration Fund ...........$1,500,000
| ||||||
19 | Regulatory Evaluation and Basic Enforcement Fund .....$64,221
| ||||||
20 | Regulatory Fund ......................................$55,246
| ||||||
21 | Renewable Energy Resources Trust Fund ................$14,033
| ||||||
22 | Response Contractors Indemnification Fund ...............$126
| ||||||
23 | Rural/Downstate Health Access Fund ....................$4,644
| ||||||
24 | Savings and Residential Finance Regulatory Fund ...$5,200,000
| ||||||
25 | School District Emergency Financial Assistance Fund .$2,130,848
| ||||||
26 | School Technology Revolving Loan Fund ................$19,158
|
| |||||||
| |||||||
1 | Second Injury Fund ..................................$151,493
| ||||||
2 | Secretary of State Interagency Grant Fund ............$40,900
| ||||||
3 | Secretary of State Special License Plate Fund .......$520,200
| ||||||
4 | Secretary of State Special Services Fund ..........$2,500,000
| ||||||
5 | Securities Audit and Enforcement Fund .............$3,400,000
| ||||||
6 | Securities Investors Education Fund .................$100,000
| ||||||
7 | Self-Insurers Administration Fund ...................$286,964
| ||||||
8 | Sex Offender Registration Fund ........................$7,647
| ||||||
9 | Sexual Assault Services Fund .........................$12,210
| ||||||
10 | Small Business Environmental Assistance Fund .........$13,686
| ||||||
11 | Snowmobile Trail Establishment Fund ...................$3,124
| ||||||
12 | Solid Waste Management Fund .......................$6,587,173
| ||||||
13 | Sports Facilities Tax Trust Fund ..................$1,112,590
| ||||||
14 | State Appellate Defender Special State Projects Fund .$23,820
| ||||||
15 | State Asset Forfeiture Fund ..........................$71,988
| ||||||
16 | State Boating Act Fund ..............................$401,824
| ||||||
17 | State College and University Trust Fund .............$139,439
| ||||||
18 | State Crime Laboratory Fund ..........................$44,965
| ||||||
19 | State Fair Promotional Activities Fund ................$8,734
| ||||||
20 | State Garage Revolving Fund .........................$639,662
| ||||||
21 | State Offender DNA Identification System Fund ........$81,740
| ||||||
22 | State Off-Set Claims Fund .........................$1,487,926
| ||||||
23 | State Parks Fund ..................................$1,045,889
| ||||||
24 | State Police Motor Vehicle Theft Prevention Fund ....$164,843
| ||||||
25 | State Police Vehicle Fund ............................$22,899
| ||||||
26 | State Police Whistleblower Reward and Protection Fund .$199,699
|
| |||||||
| |||||||
1 | State Rail Freight Loan Repayment Fund ............$1,147,727
| ||||||
2 | State Surplus Property Revolving Fund ...............$388,284
| ||||||
3 | State Whistleblower Reward and Protection Fund ........$1,592
| ||||||
4 | State's Attorneys Appellate Prosecutor's County Fund .$70,101
| ||||||
5 | Statewide Grand Jury Prosecution Fund .................$7,645
| ||||||
6 | Statistical Services Revolving Fund ...............$4,847,783
| ||||||
7 | Subtitle D Management Fund ..........................$169,744
| ||||||
8 | Tanning Facility Permit Fund .........................$64,571
| ||||||
9 | Tax Compliance and Administration Fund ..............$429,377
| ||||||
10 | Tax Recovery Fund ...................................$113,591
| ||||||
11 | Teacher Certificate Fee Revolving Fund ..............$982,399
| ||||||
12 | Toxic Pollution Prevention Fund ......................$28,534
| ||||||
13 | Underground Resources Conservation Enforcement Fund .$294,251
| ||||||
14 | University Grant Fund ................................$23,881
| ||||||
15 | Used Tire Management Fund .........................$1,918,500
| ||||||
16 | Watershed Park Fund ..................................$19,786
| ||||||
17 | Weights and Measures Fund .........................$1,078,121
| ||||||
18 | Workers' Compensation Benefit Trust Fund ............$266,574
| ||||||
19 | Workers' Compensation Revolving Fund ................$520,285
| ||||||
20 | Working Capital Revolving Fund ....................$1,404,868
| ||||||
21 | Youth Alcoholism and Substance Abuse Prevention Fund .$29,995
| ||||||
22 | Youth Drug Abuse Prevention Fund .......................$4,091 | ||||||
23 | All of these transfers shall be made in equal quarterly | ||||||
24 | installments with the first made on the effective date
of this | ||||||
25 | amendatory Act of the 94th General Assembly, or as soon
| ||||||
26 | thereafter as practical, and with the remaining transfers to be |
| |||||||
| |||||||
1 | made on October 1, January 1, and April 1, or as soon | ||||||
2 | thereafter as practical. These transfers shall be made
| ||||||
3 | notwithstanding any other provision of State law to the
| ||||||
4 | contrary. | ||||||
5 | The Governor may direct the State Comptroller and the State | ||||||
6 | Treasurer to reverse the transfers previously authorized by | ||||||
7 | statute to the General Revenue Fund and retransfer from the | ||||||
8 | General Revenue Fund, if applicable, all or a portion of the | ||||||
9 | transfers made pursuant to this subsection (a) to the following | ||||||
10 | funds: | ||||||
11 | (1) the Drycleaner Environmental Response Trust Fund; | ||||||
12 | (2) the Educational Labor Relations Board Fair Share | ||||||
13 | Trust Fund; | ||||||
14 | (3) the Environmental Protection Trust Fund; | ||||||
15 | (4) the Facilities Management Revolving Fund; | ||||||
16 | (5) the Illinois Forestry Development Fund; | ||||||
17 | (6) the Illinois Habitat Endowment Trust Fund; | ||||||
18 | (7) the Innovations in Long-Term Care Quality | ||||||
19 | Demonstration Grants Fund; | ||||||
20 | (8) the Kaskaskia Commons Permanent Fund; | ||||||
21 | (9) the Land Reclamation Fund; | ||||||
22 | (10) the Lawyers' Assistance Program Fund; | ||||||
23 | (11) the Local Initiative Fund; | ||||||
24 | (12) the Petroleum Resources Revolving Fund; | ||||||
25 | (13) the Sports Facilities Tax Trust Fund; | ||||||
26 | (14) the State Garage Revolving Fund; |
| |||||||
| |||||||
1 | (15) the State Off-Set Claims Fund; and | ||||||
2 | (16) the DCFS Special Purposes Trust Fund.
| ||||||
3 | (b) On and after the effective date of this amendatory Act
| ||||||
4 | of the 94th General Assembly through June 30, 2006, when any of
| ||||||
5 | the funds listed in subsection (a) have insufficient cash from
| ||||||
6 | which the State Comptroller may make expenditures properly
| ||||||
7 | supported by appropriations from the fund, then the State
| ||||||
8 | Treasurer and State Comptroller shall transfer from the General
| ||||||
9 | Revenue Fund to the fund only such amount as is immediately
| ||||||
10 | necessary to satisfy outstanding expenditure obligations on a
| ||||||
11 | timely basis, subject to the provisions of the State Prompt
| ||||||
12 | Payment Act. All or a portion of the
amounts transferred from | ||||||
13 | the General Revenue
Fund to a fund pursuant to this subsection | ||||||
14 | (b) from time to
time may
be re-transferred by the State | ||||||
15 | Comptroller and the
State Treasurer from the receiving fund | ||||||
16 | into the General
Revenue Fund as soon as and to the extent that | ||||||
17 | deposits are
made into or receipts are collected by the | ||||||
18 | receiving fund. | ||||||
19 | (c) Notwithstanding any other provision of law, on July 1, | ||||||
20 | 2005, or as soon thereafter as may be practical, the State | ||||||
21 | Comptroller and the State Treasurer shall transfer $5,000,000 | ||||||
22 | from the Communications Revolving Fund to the Hospital Basic | ||||||
23 | Services Prevention Fund.
| ||||||
24 | (Source: P.A. 94-91, eff. 7-1-05; 94-839, eff. 6-6-06; 94-1042, | ||||||
25 | eff. 7-24-06; revised 8-3-06.)
|
| |||||||
| |||||||
1 | (30 ILCS 105/8g)
| ||||||
2 | Sec. 8g. Fund transfers.
| ||||||
3 | (a) In addition to any other transfers that may be provided | ||||||
4 | for by law, as
soon as may be practical after the effective | ||||||
5 | date of this amendatory Act of
the 91st General Assembly, the | ||||||
6 | State Comptroller shall direct and the State
Treasurer shall | ||||||
7 | transfer the sum of $10,000,000 from the General Revenue Fund
| ||||||
8 | to the Motor Vehicle License Plate Fund created by Senate Bill | ||||||
9 | 1028 of the 91st
General Assembly.
| ||||||
10 | (b) In addition to any other transfers that may be provided | ||||||
11 | for by law, as
soon as may be practical after the effective | ||||||
12 | date of this amendatory Act of
the 91st General Assembly, the | ||||||
13 | State Comptroller shall direct and the State
Treasurer shall | ||||||
14 | transfer the sum of $25,000,000 from the General Revenue Fund
| ||||||
15 | to the Fund for Illinois' Future created by Senate Bill 1066 of | ||||||
16 | the 91st
General Assembly.
| ||||||
17 | (c) In addition to any other transfers that may be provided | ||||||
18 | for by law,
on August 30 of each fiscal year's license period, | ||||||
19 | the Illinois Liquor Control
Commission shall direct and the | ||||||
20 | State Comptroller and State Treasurer shall
transfer from the | ||||||
21 | General Revenue Fund to the Youth Alcoholism and Substance
| ||||||
22 | Abuse Prevention Fund an amount equal to the number of retail | ||||||
23 | liquor licenses
issued for that fiscal year multiplied by $50.
| ||||||
24 | (d) The payments to programs required under subsection (d) | ||||||
25 | of Section 28.1
of the Horse Racing Act of 1975 shall be made, | ||||||
26 | pursuant to appropriation, from
the special funds referred to |
| |||||||
| |||||||
1 | in the statutes cited in that subsection, rather
than directly | ||||||
2 | from the General Revenue Fund.
| ||||||
3 | Beginning January 1, 2000, on the first day of each month, | ||||||
4 | or as soon
as may be practical thereafter, the State | ||||||
5 | Comptroller shall direct and the
State Treasurer shall transfer | ||||||
6 | from the General Revenue Fund to each of the
special funds from | ||||||
7 | which payments are to be made under Section 28.1(d) of the
| ||||||
8 | Horse Racing Act of 1975 an amount equal to 1/12 of the annual | ||||||
9 | amount required
for those payments from that special fund, | ||||||
10 | which annual amount shall not exceed
the annual amount for | ||||||
11 | those payments from that special fund for the calendar
year | ||||||
12 | 1998. The special funds to which transfers shall be made under | ||||||
13 | this
subsection (d) include, but are not necessarily limited | ||||||
14 | to, the Agricultural
Premium Fund; the Metropolitan Exposition | ||||||
15 | Auditorium and Office Building Fund;
the Fair and Exposition | ||||||
16 | Fund; the Standardbred Breeders Fund; the Thoroughbred
| ||||||
17 | Breeders Fund; and the Illinois Veterans' Rehabilitation Fund.
| ||||||
18 | (e) In addition to any other transfers that may be provided | ||||||
19 | for by law,
as soon as may be practical after the effective | ||||||
20 | date of this amendatory Act of
the 91st General Assembly, but | ||||||
21 | in no event later than June 30, 2000, the State
Comptroller | ||||||
22 | shall direct and the State Treasurer shall transfer the sum of
| ||||||
23 | $15,000,000 from the General Revenue Fund to the Fund for | ||||||
24 | Illinois' Future.
| ||||||
25 | (f) In addition to any other transfers that may be provided | ||||||
26 | for by law,
as soon as may be practical after the effective |
| |||||||
| |||||||
1 | date of this amendatory Act of
the 91st General Assembly, but | ||||||
2 | in no event later than June 30, 2000, the State
Comptroller | ||||||
3 | shall direct and the State Treasurer shall transfer the sum of
| ||||||
4 | $70,000,000 from the General Revenue Fund to the Long-Term Care | ||||||
5 | Provider
Fund.
| ||||||
6 | (f-1) In fiscal year 2002, in addition to any other | ||||||
7 | transfers that may
be provided for by law, at the direction of | ||||||
8 | and upon notification from the
Governor, the State Comptroller | ||||||
9 | shall direct and the State Treasurer shall
transfer amounts not | ||||||
10 | exceeding a total of $160,000,000 from the General
Revenue Fund | ||||||
11 | to the Long-Term Care Provider Fund.
| ||||||
12 | (g) In addition to any other transfers that may be provided | ||||||
13 | for by law,
on July 1, 2001, or as soon thereafter as may be | ||||||
14 | practical, the State
Comptroller shall direct and the State | ||||||
15 | Treasurer shall transfer the sum of
$1,200,000 from the General | ||||||
16 | Revenue Fund to the Violence Prevention Fund.
| ||||||
17 | (h) In each of fiscal years 2002 through 2004, but not
| ||||||
18 | thereafter, in
addition to any other transfers that may be | ||||||
19 | provided for by law, the State
Comptroller shall direct and the | ||||||
20 | State Treasurer shall transfer $5,000,000
from the General | ||||||
21 | Revenue Fund to the Tourism Promotion Fund.
| ||||||
22 | (i) On or after July 1, 2001 and until May 1, 2002, in | ||||||
23 | addition to any
other transfers that may be provided for by | ||||||
24 | law, at the direction of and upon
notification from the | ||||||
25 | Governor, the State Comptroller shall direct and the
State | ||||||
26 | Treasurer shall transfer amounts not exceeding a total of |
| ||||||||||||||
| ||||||||||||||
1 | $80,000,000
from the General Revenue Fund to the Tobacco | |||||||||||||
2 | Settlement Recovery Fund.
Any amounts so transferred shall be | |||||||||||||
3 | re-transferred by the State Comptroller
and the State Treasurer | |||||||||||||
4 | from the Tobacco Settlement Recovery Fund to the
General | |||||||||||||
5 | Revenue Fund at the direction of and upon notification from the
| |||||||||||||
6 | Governor, but in any event on or before June 30, 2002.
| |||||||||||||
7 | (i-1) On or after July 1, 2002 and until May 1, 2003, in | |||||||||||||
8 | addition to any
other transfers that may be provided for by | |||||||||||||
9 | law, at the direction of and upon
notification from the | |||||||||||||
10 | Governor, the State Comptroller shall direct and the
State | |||||||||||||
11 | Treasurer shall transfer amounts not exceeding a total of | |||||||||||||
12 | $80,000,000
from the General Revenue Fund to the Tobacco | |||||||||||||
13 | Settlement Recovery Fund.
Any amounts so transferred shall be | |||||||||||||
14 | re-transferred by the State Comptroller
and the State Treasurer | |||||||||||||
15 | from the Tobacco Settlement Recovery Fund to the
General | |||||||||||||
16 | Revenue Fund at the direction of and upon notification from the
| |||||||||||||
17 | Governor, but in any event on or before June 30, 2003.
| |||||||||||||
18 | (j) On or after July 1, 2001 and no later than June 30, | |||||||||||||
19 | 2002, in addition to
any other transfers that may be provided | |||||||||||||
20 | for by law, at the direction of and
upon notification from the | |||||||||||||
21 | Governor, the State Comptroller shall direct and the
State | |||||||||||||
22 | Treasurer shall transfer amounts not to exceed the following | |||||||||||||
23 | sums into
the Statistical Services Revolving Fund:
| |||||||||||||
|
| ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
| ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
| ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
19 | (k) In addition to any other transfers that may be provided | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
20 | for by law,
as soon as may be practical after the effective | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
21 | date of this amendatory Act of
the 92nd General Assembly, the | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
22 | State Comptroller shall direct and the State
Treasurer shall | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
23 | transfer the sum of $2,000,000 from the General Revenue Fund
to | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
24 | the Teachers Health Insurance Security Fund.
| |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
25 | (k-1) In addition to any other transfers that may be | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
26 | provided for by
law, on July 1, 2002, or as soon as may be |
| ||||||||||||||||||||||||||||||||||||||||||
| ||||||||||||||||||||||||||||||||||||||||||
1 | practical thereafter, the State
Comptroller shall direct and | |||||||||||||||||||||||||||||||||||||||||
2 | the State Treasurer shall transfer the sum of
$2,000,000 from | |||||||||||||||||||||||||||||||||||||||||
3 | the General Revenue Fund to the Teachers Health Insurance
| |||||||||||||||||||||||||||||||||||||||||
4 | Security Fund.
| |||||||||||||||||||||||||||||||||||||||||
5 | (k-2) In addition to any other transfers that may be | |||||||||||||||||||||||||||||||||||||||||
6 | provided for by
law, on July 1, 2003, or as soon as may be | |||||||||||||||||||||||||||||||||||||||||
7 | practical thereafter, the State
Comptroller shall direct and | |||||||||||||||||||||||||||||||||||||||||
8 | the State Treasurer shall transfer the sum of
$2,000,000 from | |||||||||||||||||||||||||||||||||||||||||
9 | the General Revenue Fund to the Teachers Health Insurance
| |||||||||||||||||||||||||||||||||||||||||
10 | Security Fund.
| |||||||||||||||||||||||||||||||||||||||||
11 | (k-3) On or after July 1, 2002 and no later than June 30, | |||||||||||||||||||||||||||||||||||||||||
12 | 2003, in
addition to any other transfers that may be provided | |||||||||||||||||||||||||||||||||||||||||
13 | for by law, at the
direction of and upon notification from the | |||||||||||||||||||||||||||||||||||||||||
14 | Governor, the State Comptroller
shall direct and the State | |||||||||||||||||||||||||||||||||||||||||
15 | Treasurer shall transfer amounts not to exceed the
following | |||||||||||||||||||||||||||||||||||||||||
16 | sums into the Statistical Services Revolving Fund:
| |||||||||||||||||||||||||||||||||||||||||
|
| ||||||||||||||
| ||||||||||||||
| ||||||||||||||
4 | (l) In addition to any other transfers that may be provided | |||||||||||||
5 | for by law, on
July 1, 2002, or as soon as may be practical | |||||||||||||
6 | thereafter, the State Comptroller
shall direct and the State | |||||||||||||
7 | Treasurer shall transfer the sum of $3,000,000 from
the General | |||||||||||||
8 | Revenue Fund to the Presidential Library and Museum Operating
| |||||||||||||
9 | Fund.
| |||||||||||||
10 | (m) In addition to any other transfers that may be provided | |||||||||||||
11 | for by law, on
July 1, 2002 and on the effective date of this | |||||||||||||
12 | amendatory Act of the 93rd
General Assembly, or as soon | |||||||||||||
13 | thereafter as may be practical, the State Comptroller
shall | |||||||||||||
14 | direct and the State Treasurer shall transfer the sum of | |||||||||||||
15 | $1,200,000 from
the General Revenue Fund to the Violence | |||||||||||||
16 | Prevention Fund.
| |||||||||||||
17 | (n) In addition to any other transfers that may be provided | |||||||||||||
18 | for by law,
on July 1,
2003, or as soon thereafter as may be | |||||||||||||
19 | practical, the State Comptroller shall
direct and the
State | |||||||||||||
20 | Treasurer shall transfer the sum of $6,800,000 from the General | |||||||||||||
21 | Revenue
Fund to
the DHS Recoveries Trust Fund.
| |||||||||||||
22 | (o) On or after July 1, 2003, and no later than June 30, | |||||||||||||
23 | 2004, in
addition to any
other transfers that may be provided | |||||||||||||
24 | for by law, at the direction of and upon
notification
from the | |||||||||||||
25 | Governor, the State Comptroller shall direct and the State | |||||||||||||
26 | Treasurer
shall
transfer amounts not to exceed the following |
| |||||||
| |||||||
1 | sums into the Vehicle Inspection
Fund:
| ||||||
| |||||||
3 | (p) On or after July 1, 2003 and until May 1, 2004, in | ||||||
4 | addition to any
other
transfers that may be provided for by | ||||||
5 | law, at the direction of and upon
notification from
the | ||||||
6 | Governor, the State Comptroller shall direct and the State | ||||||
7 | Treasurer shall
transfer
amounts not exceeding a total of | ||||||
8 | $80,000,000 from the General Revenue Fund to
the
Tobacco | ||||||
9 | Settlement Recovery Fund. Any amounts so transferred shall be
| ||||||
10 | re-transferred
from the Tobacco Settlement Recovery Fund to the | ||||||
11 | General Revenue Fund at the
direction of and upon notification | ||||||
12 | from the Governor, but in any event on or
before June
30, 2004.
| ||||||
13 | (q) In addition to any other transfers that may be provided | ||||||
14 | for by law, on
July 1,
2003, or as soon as may be practical | ||||||
15 | thereafter, the State Comptroller shall
direct and the
State | ||||||
16 | Treasurer shall transfer the sum of $5,000,000 from the General | ||||||
17 | Revenue
Fund to
the Illinois Military Family Relief Fund.
| ||||||
18 | (r) In addition to any other transfers that may be provided | ||||||
19 | for by law, on
July 1,
2003, or as soon as may be practical | ||||||
20 | thereafter, the State Comptroller shall
direct and the
State | ||||||
21 | Treasurer shall transfer the sum of $1,922,000 from the General | ||||||
22 | Revenue
Fund to
the Presidential Library and Museum Operating | ||||||
23 | Fund.
| ||||||
24 | (s) In addition to any other transfers that may be provided | ||||||
25 | for by law, on
or after
July 1, 2003, the State Comptroller | ||||||
26 | shall direct and the State Treasurer shall
transfer the
sum of |
| |||||||
| |||||||
1 | $4,800,000 from the Statewide Economic Development Fund to the | ||||||
2 | General
Revenue Fund.
| ||||||
3 | (t) In addition to any other transfers that may be provided | ||||||
4 | for by law, on
or after
July 1, 2003, the State Comptroller | ||||||
5 | shall direct and the State Treasurer shall
transfer the
sum of | ||||||
6 | $50,000,000 from the General Revenue Fund to the Budget | ||||||
7 | Stabilization
Fund.
| ||||||
8 | (u) On or after July 1, 2004 and until May 1, 2005, in | ||||||
9 | addition to any other transfers that may be provided for by | ||||||
10 | law, at the direction of and upon notification from the | ||||||
11 | Governor, the State Comptroller shall direct and the State | ||||||
12 | Treasurer shall transfer amounts not exceeding a total of | ||||||
13 | $80,000,000 from the General Revenue Fund to the Tobacco | ||||||
14 | Settlement Recovery Fund. Any amounts so transferred shall be | ||||||
15 | retransferred by the State Comptroller and the State Treasurer | ||||||
16 | from the Tobacco Settlement Recovery Fund to the General | ||||||
17 | Revenue Fund at the direction of and upon notification from the | ||||||
18 | Governor, but in any event on or before June 30, 2005.
| ||||||
19 | (v) In addition to any other transfers that may be provided | ||||||
20 | for by law, on July 1, 2004, or as soon thereafter as may be | ||||||
21 | practical, the State Comptroller shall direct and the State | ||||||
22 | Treasurer shall transfer the sum of $1,200,000 from the General | ||||||
23 | Revenue Fund to the Violence Prevention Fund. | ||||||
24 | (w) In addition to any other transfers that may be provided | ||||||
25 | for by law, on July 1, 2004, or as soon thereafter as may be | ||||||
26 | practical, the State Comptroller shall direct and the State |
| |||||||
| |||||||
1 | Treasurer shall transfer the sum of $6,445,000 from the General | ||||||
2 | Revenue Fund to the Presidential Library and Museum Operating | ||||||
3 | Fund.
| ||||||
4 | (x) In addition to any other transfers that may be provided | ||||||
5 | for by law, on January 15, 2005, or as soon thereafter as may | ||||||
6 | be practical, the State Comptroller shall direct and the State | ||||||
7 | Treasurer shall transfer to the General Revenue Fund the | ||||||
8 | following sums: | ||||||
9 | From the State Crime Laboratory Fund, $200,000; | ||||||
10 | From the State Police Wireless Service Emergency Fund, | ||||||
11 | $200,000; | ||||||
12 | From the State Offender DNA Identification System | ||||||
13 | Fund, $800,000; and | ||||||
14 | From the State Police Whistleblower Reward and | ||||||
15 | Protection Fund, $500,000.
| ||||||
16 | (y) Notwithstanding any other provision of law to the | ||||||
17 | contrary, in addition to any other transfers that may be | ||||||
18 | provided for by law on June 30, 2005, or as soon as may be | ||||||
19 | practical thereafter, the State Comptroller shall direct and | ||||||
20 | the State Treasurer shall transfer the remaining balance from | ||||||
21 | the designated funds into the General Revenue Fund and any | ||||||
22 | future deposits that would otherwise be made into these funds | ||||||
23 | must instead be made into the General Revenue Fund:
| ||||||
24 | (1) the Keep Illinois Beautiful Fund;
| ||||||
25 | (2) the
Metropolitan Fair and Exposition Authority | ||||||
26 | Reconstruction Fund; |
| |||||||
| |||||||
1 | (3) the
New Technology Recovery Fund; | ||||||
2 | (4) the Illinois Rural Bond Bank Trust Fund; | ||||||
3 | (5) the ISBE School Bus Driver Permit Fund; | ||||||
4 | (6) the
Solid Waste Management Revolving Loan Fund; | ||||||
5 | (7)
the State Postsecondary Review Program Fund; | ||||||
6 | (8) the
Tourism Attraction Development Matching Grant | ||||||
7 | Fund; | ||||||
8 | (9) the
Patent and Copyright Fund; | ||||||
9 | (10) the
Credit Enhancement Development Fund; | ||||||
10 | (11) the
Community Mental Health and Developmental | ||||||
11 | Disabilities Services Provider Participation Fee Trust | ||||||
12 | Fund; | ||||||
13 | (12) the
Nursing Home Grant Assistance Fund; | ||||||
14 | (13) the
By-product Material Safety Fund; | ||||||
15 | (14) the
Illinois Student Assistance Commission Higher | ||||||
16 | EdNet Fund; | ||||||
17 | (15) the
DORS State Project Fund; | ||||||
18 | (16) the School Technology Revolving Fund; | ||||||
19 | (17) the
Energy Assistance Contribution Fund; | ||||||
20 | (18) the
Illinois Building Commission Revolving Fund; | ||||||
21 | (19) the
Illinois Aquaculture Development Fund; | ||||||
22 | (20) the
Homelessness Prevention Fund; | ||||||
23 | (21) the
DCFS Refugee Assistance Fund; | ||||||
24 | (22) the
Illinois Century Network Special Purposes | ||||||
25 | Fund; and | ||||||
26 | (23) the
Build Illinois Purposes Fund.
|
| |||||||
| |||||||
1 | (z) In addition to any other transfers that may be provided | ||||||
2 | for by law, on July 1, 2005, or as soon as may be practical | ||||||
3 | thereafter, the State Comptroller shall direct and the State | ||||||
4 | Treasurer shall transfer the sum of $1,200,000 from the General | ||||||
5 | Revenue Fund to the Violence Prevention Fund.
| ||||||
6 | (aa) In addition to any other transfers that may be | ||||||
7 | provided for by law, on July 1, 2005, or as soon as may be | ||||||
8 | practical thereafter, the State Comptroller shall direct and | ||||||
9 | the State Treasurer shall transfer the sum of $9,000,000 from | ||||||
10 | the General Revenue Fund to the Presidential Library and Museum | ||||||
11 | Operating Fund.
| ||||||
12 | (bb) In addition to any other transfers that may be | ||||||
13 | provided for by law, on July 1, 2005, or as soon as may be | ||||||
14 | practical thereafter, the State Comptroller shall direct and | ||||||
15 | the State Treasurer shall transfer the sum of $6,803,600 from | ||||||
16 | the General Revenue Fund to the Securities Audit and | ||||||
17 | Enforcement Fund.
| ||||||
18 | (cc) In addition to any other transfers that may be | ||||||
19 | provided for by law, on or after July 1, 2005 and until May 1, | ||||||
20 | 2006, at the direction of and upon notification from the | ||||||
21 | Governor, the State Comptroller shall direct and the State | ||||||
22 | Treasurer shall transfer amounts not exceeding a total of | ||||||
23 | $80,000,000 from the General Revenue Fund to the Tobacco | ||||||
24 | Settlement Recovery Fund. Any amounts so transferred shall be | ||||||
25 | re-transferred by the State Comptroller and the State Treasurer | ||||||
26 | from the Tobacco Settlement Recovery Fund to the General |
| |||||||
| |||||||
1 | Revenue Fund at the direction of and upon notification from the | ||||||
2 | Governor, but in any event on or before June 30, 2006.
| ||||||
3 | (dd) In addition to any other transfers that may be | ||||||
4 | provided for by law, on April 1, 2005, or as soon thereafter as | ||||||
5 | may be practical, at the direction of the Director of Public | ||||||
6 | Aid (now Director of Healthcare and Family Services), the State | ||||||
7 | Comptroller shall direct and the State Treasurer shall transfer | ||||||
8 | from the Public Aid Recoveries Trust Fund amounts not to exceed | ||||||
9 | $14,000,000 to the Community Mental Health Medicaid Trust Fund. | ||||||
10 | (ee) Notwithstanding any other provision of law, on July 1, | ||||||
11 | 2006, or as soon thereafter as practical, the State Comptroller | ||||||
12 | shall direct and the State Treasurer shall transfer the | ||||||
13 | remaining balance from the Illinois Civic Center Bond Fund to | ||||||
14 | the Illinois Civic Center Bond Retirement and Interest Fund. | ||||||
15 | (ff) In addition to any other transfers that may be | ||||||
16 | provided for by law, on and after July 1, 2006 and until June | ||||||
17 | 30, 2007, at the direction of and upon notification from the | ||||||
18 | Director of the Governor's Office of Management and Budget, the | ||||||
19 | State Comptroller shall direct and the State Treasurer shall | ||||||
20 | transfer amounts not exceeding a total of $1,900,000 from the | ||||||
21 | General Revenue Fund to the Illinois Capital Revolving Loan | ||||||
22 | Fund. | ||||||
23 | (gg) In addition to any other transfers that may be | ||||||
24 | provided for by law, on and after July 1, 2006 and until May 1, | ||||||
25 | 2007, at the direction of and upon notification from the | ||||||
26 | Governor, the State Comptroller shall direct and the State |
| |||||||
| |||||||
1 | Treasurer shall transfer amounts not exceeding a total of | ||||||
2 | $80,000,000 from the General Revenue Fund to the Tobacco | ||||||
3 | Settlement Recovery Fund. Any amounts so transferred shall be | ||||||
4 | retransferred by the State Comptroller and the State Treasurer | ||||||
5 | from the Tobacco Settlement Recovery Fund to the General | ||||||
6 | Revenue Fund at the direction of and upon notification from the | ||||||
7 | Governor, but in any event on or before June 30, 2007. | ||||||
8 | (hh) In addition to any other transfers that may be | ||||||
9 | provided for by law, on and after July 1, 2006 and until June | ||||||
10 | 30, 2007, at the direction of and upon notification from the | ||||||
11 | Governor, the State Comptroller shall direct and the State | ||||||
12 | Treasurer shall transfer amounts from the Illinois Affordable | ||||||
13 | Housing Trust Fund to the designated funds not exceeding the | ||||||
14 | following amounts: | ||||||
15 | DCFS Children's Services Fund .................$2,200,000
| ||||||
16 | Department of Corrections Reimbursement | ||||||
17 | and Education Fund ........................$1,500,000
| ||||||
18 | Supplemental Low-Income Energy | ||||||
19 | Assistance Fund ..............................$75,000
| ||||||
20 | (ii) In addition to any other transfers that may be | ||||||
21 | provided for by law, on or before August 31, 2006, the Governor | ||||||
22 | and the State Comptroller may agree to transfer the surplus | ||||||
23 | cash balance from the General Revenue Fund to the Budget | ||||||
24 | Stabilization Fund and the Pension Stabilization Fund in equal | ||||||
25 | proportions. The determination of the amount of the surplus | ||||||
26 | cash balance shall be made by the Governor, with the |
| |||||||
| |||||||
1 | concurrence of the State Comptroller, after taking into account | ||||||
2 | the June 30, 2006 balances in the general funds and the actual | ||||||
3 | or estimated spending from the general funds during the lapse | ||||||
4 | period. Notwithstanding the foregoing, the maximum amount that | ||||||
5 | may be transferred under this subsection (ii) is $50,000,000. | ||||||
6 | (jj) In addition to any other transfers that may be | ||||||
7 | provided for by law, on July 1, 2006, or as soon thereafter as | ||||||
8 | practical, the State Comptroller shall direct and the State | ||||||
9 | Treasurer shall transfer the sum of $8,250,000 from the General | ||||||
10 | Revenue Fund to the Presidential Library and Museum Operating | ||||||
11 | Fund. | ||||||
12 | (kk) In addition to any other transfers that may be | ||||||
13 | provided for by law, on July 1, 2006, or as soon thereafter as | ||||||
14 | practical, the State Comptroller shall direct and the State | ||||||
15 | Treasurer shall transfer the sum of $1,400,000 from the General | ||||||
16 | Revenue Fund to the Violence Prevention Fund.
| ||||||
17 | (ll) In addition to any other transfers that may be | ||||||
18 | provided for by law, on the first day of each calendar quarter | ||||||
19 | of the fiscal year beginning July 1, 2006, or as soon | ||||||
20 | thereafter as practical, the State Comptroller shall direct and | ||||||
21 | the State Treasurer shall transfer from the General Revenue | ||||||
22 | Fund amounts equal to one-fourth of $20,000,000 to the | ||||||
23 | Renewable Energy Resources Trust Fund. | ||||||
24 | (mm) In addition to any other transfers that may be | ||||||
25 | provided for by law, on July 1, 2006, or as soon thereafter as | ||||||
26 | practical, the State Comptroller shall direct and the State |
| |||||||
| |||||||
1 | Treasurer shall transfer the sum of $1,320,000 from the General | ||||||
2 | Revenue Fund to the I-FLY Fund. | ||||||
3 | (nn) In addition to any other transfers that may be | ||||||
4 | provided for by law, on July 1, 2006, or as soon thereafter as | ||||||
5 | practical, the State Comptroller shall direct and the State | ||||||
6 | Treasurer shall transfer the sum of $3,000,000 from the General | ||||||
7 | Revenue Fund to the African-American HIV/AIDS Response Fund. | ||||||
8 | (oo) In addition to any other transfers that may be | ||||||
9 | provided for by law, on and after July 1, 2006 and until June | ||||||
10 | 30, 2007, at the direction of and upon notification from the | ||||||
11 | Governor, the State Comptroller shall direct and the State | ||||||
12 | Treasurer shall transfer amounts identified as net receipts | ||||||
13 | from the sale of all or part of the Illinois Student Assistance | ||||||
14 | Commission loan portfolio from the Student Loan Operating Fund | ||||||
15 | to the General Revenue Fund. The maximum amount that may be | ||||||
16 | transferred pursuant to this Section is $38,800,000. In | ||||||
17 | addition, no transfer may be made pursuant to this Section that | ||||||
18 | would have the effect of reducing the available balance in the | ||||||
19 | Student Loan Operating Fund to an amount less than the amount | ||||||
20 | remaining unexpended and unreserved from the total | ||||||
21 | appropriations from the Fund estimated to be expended for the | ||||||
22 | fiscal year. The State Treasurer and Comptroller shall transfer | ||||||
23 | the amounts designated under this Section as soon as may be | ||||||
24 | practical after receiving the direction to transfer from the | ||||||
25 | Governor.
| ||||||
26 | (pp)
(ee) In addition to any other transfers that may be |
| |||||||
| |||||||
1 | provided for by law, on July 1, 2006, or as soon thereafter as | ||||||
2 | practical, the State Comptroller shall direct and the State | ||||||
3 | Treasurer shall transfer the sum of $2,000,000 from the General | ||||||
4 | Revenue Fund to the Illinois Veterans Assistance Fund. | ||||||
5 | (Source: P.A. 93-32, eff. 6-20-03; 93-648, eff. 1-8-04; 93-839, | ||||||
6 | eff. 7-30-04; 93-1067, eff. 1-15-05; 94-58, eff. 6-17-05; | ||||||
7 | 94-91, eff. 7-1-05; 94-816, eff. 5-30-06; 94-839, eff. 6-6-06; | ||||||
8 | revised 8-3-06.)
| ||||||
9 | (30 ILCS 105/8h)
| ||||||
10 | Sec. 8h. Transfers to General Revenue Fund. | ||||||
11 | (a) Except as otherwise provided in this Section and | ||||||
12 | Section 8n of this Act, and (c), (d), or (e),
notwithstanding | ||||||
13 | any other
State law to the contrary, the Governor
may, through | ||||||
14 | June 30, 2007, from time to time direct the State Treasurer and | ||||||
15 | Comptroller to transfer
a specified sum from any fund held by | ||||||
16 | the State Treasurer to the General
Revenue Fund in order to | ||||||
17 | help defray the State's operating costs for the
fiscal year. | ||||||
18 | The total transfer under this Section from any fund in any
| ||||||
19 | fiscal year shall not exceed the lesser of (i) 8% of the | ||||||
20 | revenues to be deposited
into the fund during that fiscal year | ||||||
21 | or (ii) an amount that leaves a remaining fund balance of 25% | ||||||
22 | of the July 1 fund balance of that fiscal year. In fiscal year | ||||||
23 | 2005 only, prior to calculating the July 1, 2004 final | ||||||
24 | balances, the Governor may calculate and direct the State | ||||||
25 | Treasurer with the Comptroller to transfer additional amounts |
| |||||||
| |||||||
1 | determined by applying the formula authorized in Public Act | ||||||
2 | 93-839 to the funds balances on July 1, 2003.
No transfer may | ||||||
3 | be made from a fund under this Section that would have the
| ||||||
4 | effect of reducing the available balance in the fund to an | ||||||
5 | amount less than
the amount remaining unexpended and unreserved | ||||||
6 | from the total appropriation
from that fund estimated to be | ||||||
7 | expended for that fiscal year. This Section does not apply to | ||||||
8 | any
funds that are restricted by federal law to a specific use, | ||||||
9 | to any funds in
the Motor Fuel Tax Fund, the Intercity | ||||||
10 | Passenger Rail Fund, the Hospital Provider Fund, the Medicaid | ||||||
11 | Provider Relief Fund, the Teacher Health Insurance Security | ||||||
12 | Fund, the Reviewing Court Alternative Dispute Resolution Fund, | ||||||
13 | the Voters' Guide Fund, the Foreign Language Interpreter Fund, | ||||||
14 | the Lawyers' Assistance Program Fund, the Supreme Court Federal | ||||||
15 | Projects Fund, the Supreme Court Special State Projects Fund, | ||||||
16 | the Supplemental Low-Income Energy Assistance Fund, the Good | ||||||
17 | Samaritan Energy Trust Fund, the Low-Level Radioactive Waste | ||||||
18 | Facility Development and Operation Fund, the Horse Racing | ||||||
19 | Equity Trust Fund, or the Hospital Basic Services Preservation | ||||||
20 | Fund, or to any
funds to which subsection (f) of Section 20-40 | ||||||
21 | of the Nursing and Advanced Practice Nursing Act applies. No | ||||||
22 | transfers may be made under this Section from the Pet | ||||||
23 | Population Control Fund. Notwithstanding any
other provision | ||||||
24 | of this Section, for fiscal year 2004,
the total transfer under | ||||||
25 | this Section from the Road Fund or the State
Construction | ||||||
26 | Account Fund shall not exceed the lesser of (i) 5% of the |
| |||||||
| |||||||
1 | revenues to be deposited
into the fund during that fiscal year | ||||||
2 | or (ii) 25% of the beginning balance in the fund.
For fiscal | ||||||
3 | year 2005 through fiscal year 2007, no amounts may be | ||||||
4 | transferred under this Section from the Road Fund, the State | ||||||
5 | Construction Account Fund, the Criminal Justice Information | ||||||
6 | Systems Trust Fund, the Wireless Service Emergency Fund, or the | ||||||
7 | Mandatory Arbitration Fund.
| ||||||
8 | In determining the available balance in a fund, the | ||||||
9 | Governor
may include receipts, transfers into the fund, and | ||||||
10 | other
resources anticipated to be available in the fund in that | ||||||
11 | fiscal year.
| ||||||
12 | The State Treasurer and Comptroller shall transfer the | ||||||
13 | amounts designated
under this Section as soon as may be | ||||||
14 | practicable after receiving the direction
to transfer from the | ||||||
15 | Governor.
| ||||||
16 | (a-5) Transfers directed to be made under this Section on | ||||||
17 | or before February 28, 2006 that are still pending on May 19, | ||||||
18 | 2006 ( the effective date of Public Act 94-774)
this amendatory | ||||||
19 | Act of the 94th General Assembly shall be redirected as | ||||||
20 | provided in Section 8n of this Act.
| ||||||
21 | (b) This Section does not apply to: (i) the Ticket For The | ||||||
22 | Cure Fund; (ii) any fund established under the Community Senior | ||||||
23 | Services and Resources Act; or (iii) on or after January 1, | ||||||
24 | 2006 (the effective date of Public Act 94-511), the Child Labor | ||||||
25 | and Day and Temporary Labor Enforcement Fund. | ||||||
26 | (c) This Section does not apply to the Demutualization |
| |||||||
| |||||||
1 | Trust Fund established under the Uniform Disposition of | ||||||
2 | Unclaimed Property Act.
| ||||||
3 | (d) This Section does not apply to moneys set aside in the | ||||||
4 | Illinois State Podiatric Disciplinary Fund for podiatric | ||||||
5 | scholarships and residency programs under the Podiatric | ||||||
6 | Scholarship and Residency Act. | ||||||
7 | (e) Subsection (a) does not apply to, and no transfer may | ||||||
8 | be made under this Section from, the Pension Stabilization | ||||||
9 | Fund.
| ||||||
10 | (Source: P.A. 93-32, eff. 6-20-03; 93-659, eff. 2-3-04; 93-674, | ||||||
11 | eff. 6-10-04; 93-714, eff. 7-12-04; 93-801, eff. 7-22-04; | ||||||
12 | 93-839, eff. 7-30-04; 93-1054, eff. 11-18-04; 93-1067, eff. | ||||||
13 | 1-15-05; 94-91, eff. 7-1-05; 94-120, eff. 7-6-05; 94-511, eff. | ||||||
14 | 1-1-06; 94-535, eff. 8-10-05; 94-639, eff. 8-22-05; 94-645, | ||||||
15 | eff. 8-22-05; 94-648, eff. 1-1-06; 94-686, eff. 11-2-05; | ||||||
16 | 94-691, eff. 11-2-05; 94-726, eff. 1-20-06; 94-773, eff. | ||||||
17 | 5-18-06; 94-774, eff. 5-19-06; 94-804, eff. 5-26-06; 94-839, | ||||||
18 | eff. 6-6-06; revised 6-19-06.)
| ||||||
19 | (30 ILCS 105/8i)
| ||||||
20 | Sec. 8i
8h . Transfers between the Communications Revolving | ||||||
21 | Fund and
the Illinois Military Family Relief Fund. The State | ||||||
22 | Comptroller shall order
transferred and the Treasurer shall | ||||||
23 | transfer, on March 31, 2003 or as soon
as practicable | ||||||
24 | thereafter, the amount of $300,000 from the Communications
| ||||||
25 | Revolving Fund to the Illinois Military Family Relief Fund. |
| |||||||
| |||||||
1 | Beginning on July
1, 2004, the State Comptroller shall order | ||||||
2 | transferred and the Treasurer shall
transfer, on the last day | ||||||
3 | of each month, an amount equal to 50% of that day's
beginning | ||||||
4 | balance in the Illinois Military Family Relief Fund from the | ||||||
5 | Illinois
Military Family Relief Fund to the Communications | ||||||
6 | Revolving Fund. These
transfers shall continue until the | ||||||
7 | cumulative total of transfers executed
from the Illinois | ||||||
8 | Military Family Relief Fund to the Communications Revolving
| ||||||
9 | Fund equals $300,000.
| ||||||
10 | (Source: P.A. 93-506, eff. 8-11-03; revised 8-21-03.)
| ||||||
11 | (30 ILCS 105/25) (from Ch. 127, par. 161)
| ||||||
12 | Sec. 25. Fiscal year limitations.
| ||||||
13 | (a) All appropriations shall be
available for expenditure | ||||||
14 | for the fiscal year or for a lesser period if the
Act making | ||||||
15 | that appropriation so specifies. A deficiency or emergency
| ||||||
16 | appropriation shall be available for expenditure only through | ||||||
17 | June 30 of
the year when the Act making that appropriation is | ||||||
18 | enacted unless that Act
otherwise provides.
| ||||||
19 | (b) Outstanding liabilities as of June 30, payable from | ||||||
20 | appropriations
which have otherwise expired, may be paid out of | ||||||
21 | the expiring
appropriations during the 2-month period ending at | ||||||
22 | the
close of business on August 31. Any service involving
| ||||||
23 | professional or artistic skills or any personal services by an | ||||||
24 | employee whose
compensation is subject to income tax | ||||||
25 | withholding must be performed as of June
30 of the fiscal year |
| |||||||
| |||||||
1 | in order to be considered an "outstanding liability as of
June | ||||||
2 | 30" that is thereby eligible for payment out of the expiring
| ||||||
3 | appropriation.
| ||||||
4 | However, payment of tuition reimbursement claims under | ||||||
5 | Section 14-7.03 or
18-3 of the School Code may be made by the | ||||||
6 | State Board of Education from its
appropriations for those | ||||||
7 | respective purposes for any fiscal year, even though
the claims | ||||||
8 | reimbursed by the payment may be claims attributable to a prior
| ||||||
9 | fiscal year, and payments may be made at the direction of the | ||||||
10 | State
Superintendent of Education from the fund from which the | ||||||
11 | appropriation is made
without regard to any fiscal year | ||||||
12 | limitations.
| ||||||
13 | Medical payments may be made by the Department of Veterans' | ||||||
14 | Affairs from
its
appropriations for those purposes for any | ||||||
15 | fiscal year, without regard to the
fact that the medical | ||||||
16 | services being compensated for by such payment may have
been | ||||||
17 | rendered in a prior fiscal year.
| ||||||
18 | Medical payments may be made by the Department of | ||||||
19 | Healthcare and Family Services
Public Aid and medical payments | ||||||
20 | and child care
payments may be made by the Department of
Human | ||||||
21 | Services (as successor to the Department of Public Aid) from
| ||||||
22 | appropriations for those purposes for any fiscal year,
without | ||||||
23 | regard to the fact that the medical or child care services | ||||||
24 | being
compensated for by such payment may have been rendered in | ||||||
25 | a prior fiscal
year; and payments may be made at the direction | ||||||
26 | of the Department of
Central Management Services from the |
| |||||||
| |||||||
1 | Health Insurance Reserve Fund and the
Local Government Health | ||||||
2 | Insurance Reserve Fund without regard to any fiscal
year | ||||||
3 | limitations.
| ||||||
4 | Medical payments may be made by the Department of Human | ||||||
5 | Services from its appropriations relating to substance abuse | ||||||
6 | treatment services for any fiscal year, without regard to the | ||||||
7 | fact that the medical services being compensated for by such | ||||||
8 | payment may have been rendered in a prior fiscal year, provided | ||||||
9 | the payments are made on a fee-for-service basis consistent | ||||||
10 | with requirements established for Medicaid reimbursement by | ||||||
11 | the Department of Healthcare and Family Services
Public Aid . | ||||||
12 | Additionally, payments may be made by the Department of | ||||||
13 | Human Services from
its appropriations, or any other State | ||||||
14 | agency from its appropriations with
the approval of the | ||||||
15 | Department of Human Services, from the Immigration Reform
and | ||||||
16 | Control Fund for purposes authorized pursuant to the | ||||||
17 | Immigration Reform
and Control Act of 1986, without regard to | ||||||
18 | any fiscal year limitations.
| ||||||
19 | Further, with respect to costs incurred in fiscal years | ||||||
20 | 2002 and 2003 only,
payments may be made by the State Treasurer | ||||||
21 | from its
appropriations
from the Capital Litigation Trust Fund | ||||||
22 | without regard to any fiscal year
limitations.
| ||||||
23 | Lease payments may be made by the Department of Central | ||||||
24 | Management
Services under the sale and leaseback provisions of
| ||||||
25 | Section 7.4 of
the State Property Control Act with respect to | ||||||
26 | the James R. Thompson Center and
the
Elgin Mental Health Center |
| |||||||
| |||||||
1 | and surrounding land from appropriations for that
purpose | ||||||
2 | without regard to any fiscal year
limitations.
| ||||||
3 | Lease payments may be made under the sale and leaseback | ||||||
4 | provisions of
Section 7.5 of the State Property Control Act | ||||||
5 | with
respect to the
Illinois State Toll Highway Authority | ||||||
6 | headquarters building and surrounding
land
without regard to | ||||||
7 | any fiscal year
limitations.
| ||||||
8 | (c) Further, payments may be made by the Department of | ||||||
9 | Public Health and the
Department of Human Services (acting as | ||||||
10 | successor to the Department of Public
Health under the | ||||||
11 | Department of Human Services Act)
from their respective | ||||||
12 | appropriations for grants for medical care to or on
behalf of | ||||||
13 | persons
suffering from chronic renal disease, persons | ||||||
14 | suffering from hemophilia, rape
victims, and premature and | ||||||
15 | high-mortality risk infants and their mothers and
for grants | ||||||
16 | for supplemental food supplies provided under the United States
| ||||||
17 | Department of Agriculture Women, Infants and Children | ||||||
18 | Nutrition Program,
for any fiscal year without regard to the | ||||||
19 | fact that the services being
compensated for by such payment | ||||||
20 | may have been rendered in a prior fiscal year.
| ||||||
21 | (d) The Department of Public Health and the Department of | ||||||
22 | Human Services
(acting as successor to the Department of Public | ||||||
23 | Health under the Department of
Human Services Act) shall each | ||||||
24 | annually submit to the State Comptroller, Senate
President, | ||||||
25 | Senate
Minority Leader, Speaker of the House, House Minority | ||||||
26 | Leader, and the
respective Chairmen and Minority Spokesmen of |
| |||||||
| |||||||
1 | the
Appropriations Committees of the Senate and the House, on | ||||||
2 | or before
December 31, a report of fiscal year funds used to | ||||||
3 | pay for services
provided in any prior fiscal year. This report | ||||||
4 | shall document by program or
service category those | ||||||
5 | expenditures from the most recently completed fiscal
year used | ||||||
6 | to pay for services provided in prior fiscal years.
| ||||||
7 | (e) The Department of Healthcare and Family Services
Public | ||||||
8 | Aid , the Department of Human Services
(acting as successor to | ||||||
9 | the Department of Public Aid), and the Department of Human | ||||||
10 | Services making fee-for-service payments relating to substance | ||||||
11 | abuse treatment services provided during a previous fiscal year | ||||||
12 | shall each annually
submit to the State
Comptroller, Senate | ||||||
13 | President, Senate Minority Leader, Speaker of the House,
House | ||||||
14 | Minority Leader, the respective Chairmen and Minority | ||||||
15 | Spokesmen of the
Appropriations Committees of the Senate and | ||||||
16 | the House, on or before November
30, a report that shall | ||||||
17 | document by program or service category those
expenditures from | ||||||
18 | the most recently completed fiscal year used to pay for (i)
| ||||||
19 | services provided in prior fiscal years and (ii) services for | ||||||
20 | which claims were
received in prior fiscal years.
| ||||||
21 | (f) The Department of Human Services (as successor to the | ||||||
22 | Department of
Public Aid) shall annually submit to the State
| ||||||
23 | Comptroller, Senate President, Senate Minority Leader, Speaker | ||||||
24 | of the House,
House Minority Leader, and the respective | ||||||
25 | Chairmen and Minority Spokesmen of
the Appropriations | ||||||
26 | Committees of the Senate and the House, on or before
December |
| |||||||
| |||||||
1 | 31, a report
of fiscal year funds used to pay for services | ||||||
2 | (other than medical care)
provided in any prior fiscal year. | ||||||
3 | This report shall document by program or
service category those | ||||||
4 | expenditures from the most recently completed fiscal
year used | ||||||
5 | to pay for services provided in prior fiscal years.
| ||||||
6 | (g) In addition, each annual report required to be | ||||||
7 | submitted by the
Department of Healthcare and Family Services
| ||||||
8 | Public Aid under subsection (e) shall include the following
| ||||||
9 | information with respect to the State's Medicaid program:
| ||||||
10 | (1) Explanations of the exact causes of the variance | ||||||
11 | between the previous
year's estimated and actual | ||||||
12 | liabilities.
| ||||||
13 | (2) Factors affecting the Department of Healthcare and | ||||||
14 | Family Services'
Public Aid's liabilities,
including but | ||||||
15 | not limited to numbers of aid recipients, levels of medical
| ||||||
16 | service utilization by aid recipients, and inflation in the | ||||||
17 | cost of medical
services.
| ||||||
18 | (3) The results of the Department's efforts to combat | ||||||
19 | fraud and abuse.
| ||||||
20 | (h) As provided in Section 4 of the General Assembly | ||||||
21 | Compensation Act,
any utility bill for service provided to a | ||||||
22 | General Assembly
member's district office for a period | ||||||
23 | including portions of 2 consecutive
fiscal years may be paid | ||||||
24 | from funds appropriated for such expenditure in
either fiscal | ||||||
25 | year.
| ||||||
26 | (i) An agency which administers a fund classified by the |
| |||||||
| |||||||
1 | Comptroller as an
internal service fund may issue rules for:
| ||||||
2 | (1) billing user agencies in advance for payments or | ||||||
3 | authorized inter-fund transfers
based on estimated charges | ||||||
4 | for goods or services;
| ||||||
5 | (2) issuing credits, refunding through inter-fund | ||||||
6 | transfers, or reducing future inter-fund transfers
during
| ||||||
7 | the subsequent fiscal year for all user agency payments or | ||||||
8 | authorized inter-fund transfers received during the
prior | ||||||
9 | fiscal year which were in excess of the final amounts owed | ||||||
10 | by the user
agency for that period; and
| ||||||
11 | (3) issuing catch-up billings to user agencies
during | ||||||
12 | the subsequent fiscal year for amounts remaining due when | ||||||
13 | payments or authorized inter-fund transfers
received from | ||||||
14 | the user agency during the prior fiscal year were less than | ||||||
15 | the
total amount owed for that period.
| ||||||
16 | User agencies are authorized to reimburse internal service | ||||||
17 | funds for catch-up
billings by vouchers drawn against their | ||||||
18 | respective appropriations for the
fiscal year in which the | ||||||
19 | catch-up billing was issued or by increasing an authorized | ||||||
20 | inter-fund transfer during the current fiscal year. For the | ||||||
21 | purposes of this Act, "inter-fund transfers" means transfers | ||||||
22 | without the use of the voucher-warrant process, as authorized | ||||||
23 | by Section 9.01 of the State Comptroller Act.
| ||||||
24 | (Source: P.A. 92-885, eff. 1-13-03; 93-19, eff. 6-20-03; | ||||||
25 | 93-839, eff. 7-30-04; 93-841, eff. 7-30-04; revised 12-15-05.)
|
| |||||||
| |||||||
1 | (30 ILCS 105/5.05 rep.)
| ||||||
2 | (30 ILCS 105/5.06 rep.)
| ||||||
3 | (30 ILCS 105/5.35 rep.)
| ||||||
4 | (30 ILCS 105/5.37 rep.)
| ||||||
5 | (30 ILCS 105/5.47 rep.)
| ||||||
6 | (30 ILCS 105/5.51 rep.)
| ||||||
7 | (30 ILCS 105/5.59 rep.)
| ||||||
8 | (30 ILCS 105/5.60 rep.)
| ||||||
9 | (30 ILCS 105/5.69 rep.)
| ||||||
10 | (30 ILCS 105/5.75 rep.)
| ||||||
11 | (30 ILCS 105/5.76 rep.)
| ||||||
12 | (30 ILCS 105/5.90 rep.)
| ||||||
13 | (30 ILCS 105/5.113 rep.)
| ||||||
14 | (30 ILCS 105/5.178 rep.)
| ||||||
15 | (30 ILCS 105/5.190 rep.)
| ||||||
16 | (30 ILCS 105/5.191 rep.)
| ||||||
17 | (30 ILCS 105/5.193 rep.)
| ||||||
18 | (30 ILCS 105/5.197 rep.)
| ||||||
19 | (30 ILCS 105/5.205 rep.)
| ||||||
20 | (30 ILCS 105/5.210 rep.)
| ||||||
21 | (30 ILCS 105/5.218 rep.)
| ||||||
22 | (30 ILCS 105/5.220 rep.)
| ||||||
23 | (30 ILCS 105/5.228 rep.)
| ||||||
24 | (30 ILCS 105/5.245 rep.)
| ||||||
25 | (30 ILCS 105/5.246 rep.)
| ||||||
26 | (30 ILCS 105/5.264 rep.)
|
| |||||||
| |||||||
1 | (30 ILCS 105/5.271 rep.)
| ||||||
2 | (30 ILCS 105/5.283 rep.)
| ||||||
3 | (30 ILCS 105/5.285 rep.)
| ||||||
4 | (30 ILCS 105/5.294 rep.)
| ||||||
5 | (30 ILCS 105/5.299 rep.)
| ||||||
6 | (30 ILCS 105/5.300 rep.)
| ||||||
7 | (30 ILCS 105/5.301 rep.)
| ||||||
8 | (30 ILCS 105/5.304 rep.)
| ||||||
9 | (30 ILCS 105/5.308 rep.)
| ||||||
10 | (30 ILCS 105/5.309 rep.)
| ||||||
11 | (30 ILCS 105/5.311 rep.)
| ||||||
12 | (30 ILCS 105/5.314 rep.)
| ||||||
13 | (30 ILCS 105/5.327 rep.)
| ||||||
14 | (30 ILCS 105/5.330 rep.)
| ||||||
15 | (30 ILCS 105/5.335 rep.)
| ||||||
16 | (30 ILCS 105/5.336 rep.)
| ||||||
17 | (30 ILCS 105/5.360 (from P.A. 87-1249) rep.)
| ||||||
18 | (30 ILCS 105/5.361 rep.)
| ||||||
19 | (30 ILCS 105/5.363 rep.)
| ||||||
20 | (30 ILCS 105/5.388 rep.)
| ||||||
21 | (30 ILCS 105/5.389 rep.)
| ||||||
22 | (30 ILCS 105/5.390 rep.)
| ||||||
23 | (30 ILCS 105/5.393 rep.)
| ||||||
24 | (30 ILCS 105/5.396 rep.)
| ||||||
25 | (30 ILCS 105/5.398 rep.)
| ||||||
26 | (30 ILCS 105/5.399 rep.)
|
| |||||||
| |||||||
1 | (30 ILCS 105/5.400 rep.)
| ||||||
2 | (30 ILCS 105/5.401 rep.)
| ||||||
3 | (30 ILCS 105/5.402 rep.)
| ||||||
4 | (30 ILCS 105/5.403 rep.)
| ||||||
5 | (30 ILCS 105/5.404 rep.)
| ||||||
6 | (30 ILCS 105/5.405 rep.)
| ||||||
7 | (30 ILCS 105/5.406 rep.)
| ||||||
8 | (30 ILCS 105/5.407 rep.)
| ||||||
9 | (30 ILCS 105/5.417 rep.)
| ||||||
10 | (30 ILCS 105/5.432 rep.)
| ||||||
11 | (30 ILCS 105/5.433 rep.)
| ||||||
12 | (30 ILCS 105/5.434 rep.)
| ||||||
13 | (30 ILCS 105/5.439 rep.)
| ||||||
14 | (30 ILCS 105/5.447 rep.)
| ||||||
15 | (30 ILCS 105/5.467 rep.)
| ||||||
16 | (30 ILCS 105/5.483 rep.)
| ||||||
17 | (30 ILCS 105/5.486 rep.)
| ||||||
18 | (30 ILCS 105/5.488 rep.)
| ||||||
19 | (30 ILCS 105/5.507 rep.)
| ||||||
20 | (30 ILCS 105/5.519 rep.)
| ||||||
21 | (30 ILCS 105/5.522 rep.)
| ||||||
22 | Section 316. The State Finance Act is amended by repealing | ||||||
23 | Sections 5.05, 5.06, 5.35, 5.37, 5.47, 5.51, 5.59, 5.60, 5.69, | ||||||
24 | 5.75, 5.76, 5.90, 5.113, 5.178, 5.190, 5.191, 5.193, 5.197, | ||||||
25 | 5.205, 5.210, 5.218, 5.220, 5.228, 5.245, 5.246, 5.264, 5.271, | ||||||
26 | 5.283, 5.285, 5.294, 5.299, 5.300, 5.301, 5.304, 5.308, 5.309, |
| |||||||
| |||||||
1 | 5.311, 5.314, 5.327, 5.330, 5.335, 5.336, 5.360 as added by | ||||||
2 | Public Act 87-1249, 5.361, 5.363, 5.388, 5.389, 5.390, 5.393, | ||||||
3 | 5.396, 5.398, 5.399, 5.400, 5.401, 5.402, 5.403, 5.404, 5.405, | ||||||
4 | 5.406, 5.407, 5.417, 5.432, 5.433, 5.434, 5.439, 5.447, 5.467, | ||||||
5 | 5.483, 5.486, 5.488, 5.507, 5.519, and 5.522.
| ||||||
6 | (30 ILCS 105/5.230 rep.)
| ||||||
7 | Section 317. The State Finance Act is amended by repealing | ||||||
8 | Section 5.230.
| ||||||
9 | Section 320. The Illinois State Collection Act of 1986 is | ||||||
10 | amended by changing Sections 5 and 10 as follows:
| ||||||
11 | (30 ILCS 210/5) (from Ch. 15, par. 155)
| ||||||
12 | Sec. 5. Rules; payment plans; offsets.
| ||||||
13 | (a) Until July 1, 2004 for the Department of Public
Aid
and | ||||||
14 | July 1, 2005 for Universities and all other State agencies,
| ||||||
15 | State agencies shall adopt rules establishing formal due
dates | ||||||
16 | for amounts owing to the State and for the referral of
| ||||||
17 | seriously past due accounts to private collection agencies, | ||||||
18 | unless
otherwise expressly provided by law or rule, except that | ||||||
19 | on and after July 1,
2005, the Department of Employment | ||||||
20 | Security may continue to refer to private
collection agencies | ||||||
21 | past due amounts that are exempt from subsection (g).
Such | ||||||
22 | procedures shall be
established in accord with sound business |
| |||||||
| |||||||
1 | practices.
| ||||||
2 | (b) Until July 1, 2004 for the Department of
Public Aid and | ||||||
3 | July 1, 2005 for Universities and all other State agencies,
| ||||||
4 | agencies may enter deferred payment plans for debtors of the | ||||||
5 | agency
and documentation of this fact retained by the agency, | ||||||
6 | where the deferred
payment plan is likely to increase the net | ||||||
7 | amount collected by the State,
except that, on and after July | ||||||
8 | 1, 2005, the Department of Employment Security
may continue to | ||||||
9 | enter deferred payment plans for debts that are exempt from
| ||||||
10 | subsection (g).
| ||||||
11 | (c) Until July 1, 2004 for the Department of
Public Aid
and | ||||||
12 | July 1, 2005 for Universities and all other State agencies,
| ||||||
13 | State agencies may use the Comptroller's Offset
System provided | ||||||
14 | in
Section 10.05 of the State Comptroller Act for the | ||||||
15 | collection of debts owed
to the agency, except that, on and | ||||||
16 | after July 1, 2005, the Department of
Employment Security may | ||||||
17 | continue to use the Comptroller's offset system to
collect | ||||||
18 | amounts that are exempt from subsection (g). All debts that | ||||||
19 | exceed
$1,000 and are more than 90 days past
due shall be | ||||||
20 | placed in the Comptroller's Offset System, unless the State
| ||||||
21 | agency shall have entered into a deferred payment plan or | ||||||
22 | demonstrates to
the Comptroller's satisfaction that referral | ||||||
23 | for offset is not cost effective.
| ||||||
24 | (d) State agencies shall develop internal procedures | ||||||
25 | whereby
agency initiated payments to its debtors may be offset | ||||||
26 | without referral to
the Comptroller's Offset System.
|
| |||||||
| |||||||
1 | (e) State agencies or the Comptroller may remove claims | ||||||
2 | from the
Comptroller's Offset System, where such claims have | ||||||
3 | been inactive for more
than one year.
| ||||||
4 | (f) State agencies may use the Comptroller's Offset System | ||||||
5 | to determine if
any State agency is attempting to collect debt | ||||||
6 | from a contractor, bidder, or
other proposed contracting party.
| ||||||
7 | (g) Beginning July 1, 2004 for the Departments of Public | ||||||
8 | Aid (now Healthcare and Family Services) and
Employment | ||||||
9 | Security and July 1, 2005 for Universities and other State | ||||||
10 | agencies,
State agencies shall refer to the Department of | ||||||
11 | Revenue Debt Collection Bureau
(the Bureau) all debt to the | ||||||
12 | State, provided that the debt satisfies the
requirements
for | ||||||
13 | referral of delinquent debt as established by rule by the | ||||||
14 | Department of
Revenue.
| ||||||
15 | (h) The Department of Healthcare and Family Services
Public | ||||||
16 | Aid shall be exempt from the requirements of
this Section with | ||||||
17 | regard to child support debts, the collection of which is
| ||||||
18 | governed by the requirements of Title IV, Part D of the federal | ||||||
19 | Social Security
Act. The Department of Healthcare and Family | ||||||
20 | Services
Public Aid may refer child support debts to the | ||||||
21 | Bureau,
provided that the debt satisfies the requirements for | ||||||
22 | referral of delinquent
debt as
established by rule by the | ||||||
23 | Department of Revenue. The Bureau shall use all
legal means | ||||||
24 | available to collect child support debt, including those
| ||||||
25 | authorizing the Department of Revenue to collect debt and those | ||||||
26 | authorizing the
Department of Healthcare and Family Services
|
| |||||||
| |||||||
1 | Public Aid to collect debt. All such referred debt shall remain
| ||||||
2 | an obligation under the Department of Healthcare and Family | ||||||
3 | Services'
Public Aid's Child
Support Enforcement Program | ||||||
4 | subject to the requirements of Title IV, Part D of
the federal | ||||||
5 | Social Security Act, including the continued use of federally
| ||||||
6 | mandated enforcement remedies and techniques by the Department | ||||||
7 | of Healthcare and Family Services
Public Aid .
| ||||||
8 | (h-1) The Department of Employment Security is exempt from | ||||||
9 | subsection (g)
with regard to debts to any federal account, | ||||||
10 | including but not limited to the
Unemployment Trust Fund, and | ||||||
11 | penalties and interest assessed under the
Unemployment | ||||||
12 | Insurance Act. The Department of Employment Security may refer
| ||||||
13 | those debts to the Bureau, provided the debt satisfies the | ||||||
14 | requirements for
referral of delinquent debt as established by | ||||||
15 | rule by the Department of
Revenue. The Bureau shall use all | ||||||
16 | legal means available to collect the debts,
including those | ||||||
17 | authorizing the Department of Revenue to collect debt and those
| ||||||
18 | authorizing the Department of Employment Security to collect | ||||||
19 | debt. All
referred debt shall remain an obligation to the | ||||||
20 | account to which it is owed.
| ||||||
21 | (i) All debt referred to the Bureau for collection shall | ||||||
22 | remain the property
of the referring agency. The Bureau shall | ||||||
23 | collect debt on behalf of the
referring agency using all legal | ||||||
24 | means available, including those authorizing
the Department of | ||||||
25 | Revenue to collect debt and those authorizing the referring
| ||||||
26 | agency to collect debt.
|
| |||||||
| |||||||
1 | (j) No debt secured by an interest in real property granted | ||||||
2 | by the debtor in
exchange for the creation of the debt shall be | ||||||
3 | referred to the Bureau. The
Bureau shall have no obligation to | ||||||
4 | collect debts secured by an interest in real
property.
| ||||||
5 | (k) Beginning July 1, 2003, each agency shall collect and | ||||||
6 | provide the Bureau
information regarding the nature and details | ||||||
7 | of its debt in such form and
manner as the Department of | ||||||
8 | Revenue shall require.
| ||||||
9 | (l) For all debt accruing after July 1, 2003, each agency | ||||||
10 | shall collect and
transmit such debtor identification | ||||||
11 | information as the Department of Revenue
shall require.
| ||||||
12 | (Source: P.A. 92-404, eff. 7-1-02; 93-570, eff. 8-20-03; | ||||||
13 | revised 12-15-05.)
| ||||||
14 | (30 ILCS 210/10)
| ||||||
15 | Sec. 10. Department of Revenue Debt Collection Bureau to | ||||||
16 | assume
collection duties.
| ||||||
17 | (a) The Department of Revenue's Debt Collection Bureau | ||||||
18 | shall serve as the
primary debt
collecting entity for the State | ||||||
19 | and in that role shall collect debts on behalf
of agencies of | ||||||
20 | the State. All debts owed the State of Illinois shall be
| ||||||
21 | referred to the Bureau, subject to such limitations as the | ||||||
22 | Department of
Revenue shall by rule establish. The Bureau shall | ||||||
23 | utilize the Comptroller's
offset system and private collection | ||||||
24 | agencies, as well as its own collections
personnel. The Bureau | ||||||
25 | shall collect debt using all legal authority available to
the |
| |||||||
| |||||||
1 | Department of Revenue to collect debt and all legal authority | ||||||
2 | available to
the referring agency.
| ||||||
3 | (b) The Bureau shall have the sole authority to let | ||||||
4 | contracts with persons
specializing in debt collection for the | ||||||
5 | collection of debt referred to and
accepted by the Bureau. Any | ||||||
6 | contract with the debt
collector shall specify that the | ||||||
7 | collector's fee shall be on a contingency
basis and that the | ||||||
8 | debt collector shall not be entitled to collect a
contingency | ||||||
9 | fee for any debt collected through the efforts of any State | ||||||
10 | offset
system.
| ||||||
11 | (c) The Department of Revenue shall adopt rules for the | ||||||
12 | certification of
debt from referring agencies and shall adopt | ||||||
13 | rules for the certification of
collection specialists to be | ||||||
14 | employed by the Bureau.
| ||||||
15 | (d) The Department of Revenue shall adopt rules for | ||||||
16 | determining when a debt
referred by an agency shall be deemed | ||||||
17 | by the Bureau to be uncollectible.
| ||||||
18 | (e) Once an agency's debt is deemed by the Bureau to be | ||||||
19 | uncollectible, the
Bureau shall return the debt to the | ||||||
20 | referring agency which shall then write the
debt off as | ||||||
21 | uncollectible or return the debt to the Bureau for additional
| ||||||
22 | collection efforts. The Bureau shall refuse to accept debt that | ||||||
23 | has been deemed
uncollectible absent factual assertions from | ||||||
24 | the referring agency that due to
circumstances not known at the | ||||||
25 | time the debt was deemed uncollectible that the
debt is worthy | ||||||
26 | of additional collection efforts.
|
| |||||||
| |||||||
1 | (f) For each debt referred, the State agency shall retain | ||||||
2 | all documents and
records relating to or supporting the debt. | ||||||
3 | In the event a debtor shall raise a
reasonable doubt as to the | ||||||
4 | validity of the debt, the Bureau may in its
discretion refer | ||||||
5 | the debt back to the referring agency for further review and
| ||||||
6 | recommendation.
| ||||||
7 | (g) The Department of Healthcare and Family Services
Public | ||||||
8 | Aid shall be exempt from the requirements of
this Section
with | ||||||
9 | regard to child support debts, the collection of which is | ||||||
10 | governed by the
requirements of Title IV, Part D of the federal | ||||||
11 | Social Security Act. The
Department of Healthcare and Family | ||||||
12 | Services
Public Aid may refer child support debts to the | ||||||
13 | Bureau, provided
that the debt satisfies the requirements for | ||||||
14 | referral of delinquent debt as
established by rule by the | ||||||
15 | Department of Revenue. The Bureau shall use all
legal means | ||||||
16 | available to collect child support debt, including those
| ||||||
17 | authorizing the Department of Revenue to collect debt and those | ||||||
18 | authorizing the
Department of Healthcare and Family Services
| ||||||
19 | Public Aid to collect debt. All such referred debt shall remain
| ||||||
20 | an obligation under the Department of Healthcare and Family | ||||||
21 | Services'
Public Aid's Child Support Enforcement
Program | ||||||
22 | subject to the requirements of Title IV, Part D of the federal | ||||||
23 | Social
Security Act, including the continued use of federally | ||||||
24 | mandated enforcement
remedies and techniques by the Department | ||||||
25 | of Healthcare and Family Services
Public Aid .
| ||||||
26 | (g-1) The Department of Employment Security is exempt from |
| |||||||
| |||||||
1 | subsection (a)
with regard to debts to any federal account, | ||||||
2 | including but not limited to the
Unemployment Trust Fund, and | ||||||
3 | penalties and interest assessed under the
Unemployment | ||||||
4 | Insurance Act. The Department of Employment Security may refer
| ||||||
5 | those debts to the Bureau, provided the debt satisfies the | ||||||
6 | requirements for
referral of delinquent debt as established by | ||||||
7 | rule by the Department of
Revenue. The Bureau shall use all | ||||||
8 | legal means available to collect the debts,
including those | ||||||
9 | authorizing the Department of Revenue to collect debt and those
| ||||||
10 | authorizing the Department of Employment Security to collect | ||||||
11 | debt. All
referred debt shall remain an obligation to the | ||||||
12 | account to which it is owed.
| ||||||
13 | (h) The Debt Collection Fund is created as a special fund | ||||||
14 | in the State
treasury. Debt collection contractors under this | ||||||
15 | Act shall receive a
contingency fee as provided by the terms of | ||||||
16 | their contracts with the Department
of Revenue. Thereafter, 20% | ||||||
17 | of all amounts collected by the
Bureau, excluding amounts | ||||||
18 | collected on behalf of the Departments of Healthcare and Family | ||||||
19 | Services (formerly Public Aid )
and Revenue,
shall be deposited | ||||||
20 | into the Debt Collection Fund. All remaining amounts
collected | ||||||
21 | shall be deposited into the General Revenue Fund unless the | ||||||
22 | funds are
owed to any State fund or funds other than the | ||||||
23 | General Revenue Fund. Moneys in
the Debt Collection Fund shall | ||||||
24 | be appropriated only for the administrative
costs of the | ||||||
25 | Bureau. On the last day of each fiscal year, unappropriated | ||||||
26 | moneys
and moneys otherwise deemed unneeded for the next fiscal |
| |||||||
| |||||||
1 | year remaining in the
Debt Collection Fund may be transferred | ||||||
2 | into the General Revenue Fund at the
Governor's reasonable | ||||||
3 | discretion. The provisions of this subsection do not
apply to | ||||||
4 | debt that is exempt from subsection (a) pursuant to subsection | ||||||
5 | (g-1)
or child support debt referred to the Bureau by the | ||||||
6 | Department of Healthcare and Family Services (formerly
| ||||||
7 | Department of Public
Aid ) pursuant to this amendatory Act of | ||||||
8 | the 93rd General Assembly. Collections
arising from referrals | ||||||
9 | from
the Department of Healthcare and Family Services (formerly
| ||||||
10 | Department of Public Aid ) shall be deposited into such fund or | ||||||
11 | funds as the
Department of Healthcare and Family Services
| ||||||
12 | Public Aid shall direct, in accordance with the requirements of
| ||||||
13 | Title IV, Part D of the federal Social Security Act, applicable | ||||||
14 | provisions of
State law, and the rules of the Department of | ||||||
15 | Healthcare and Family Services
Public Aid . Collections arising
| ||||||
16 | from referrals from the Department of Employment Security shall | ||||||
17 | be deposited
into the fund or funds that the Department of | ||||||
18 | Employment Security shall direct,
in accordance with the | ||||||
19 | requirements of Section 3304(a)(3) of the federal
Unemployment | ||||||
20 | Tax Act, Section 303(a)(4) of the federal Social Security Act, | ||||||
21 | and
the Unemployment Insurance Act.
| ||||||
22 | (i) The Attorney General and the State Comptroller may | ||||||
23 | assist in the debt
collection efforts of the Bureau, as | ||||||
24 | requested by the Department of Revenue.
| ||||||
25 | (j) The Director of Revenue shall report annually to the | ||||||
26 | General Assembly
and State Comptroller upon the debt collection |
| |||||||
| |||||||
1 | efforts of the Bureau. Each
report shall include an analysis of | ||||||
2 | the overdue debts owed to the State.
| ||||||
3 | (k) The Department of Revenue shall adopt rules and | ||||||
4 | procedures for the
administration of this amendatory Act of the | ||||||
5 | 93rd General Assembly. The rules
shall be adopted under the
| ||||||
6 | Department of Revenue's emergency rulemaking authority within | ||||||
7 | 90 days following
the effective date of this amendatory Act of | ||||||
8 | the 93rd General Assembly due to
the budget crisis threatening | ||||||
9 | the public interest.
| ||||||
10 | (l) The Department of Revenue's Debt Collection Bureau's | ||||||
11 | obligations under
this
Section 10 shall be subject to | ||||||
12 | appropriation by the General Assembly.
| ||||||
13 | (Source: P.A. 93-570, eff. 8-20-03; revised 12-15-05.)
| ||||||
14 | Section 325. The Public Funds Investment Act is amended by | ||||||
15 | changing Section 6 as follows:
| ||||||
16 | (30 ILCS 235/6) (from Ch. 85, par. 906)
| ||||||
17 | Sec. 6. Report of financial institutions.
| ||||||
18 | (a) No bank shall receive any public funds unless it has | ||||||
19 | furnished
the corporate authorities of a public agency | ||||||
20 | submitting a deposit with copies
of the last two sworn | ||||||
21 | statements of resources and liabilities which the
bank is | ||||||
22 | required to furnish to the Commissioner of Banks and Real | ||||||
23 | Estate or to
the Comptroller of the Currency. Each bank
| ||||||
24 | designated as a depository for public funds shall, while acting |
| |||||||
| |||||||
1 | as such
depository, furnish the corporate authorities of a | ||||||
2 | public agency with a copy of
all statements of resources and | ||||||
3 | liabilities which it is required to furnish to
the Commissioner | ||||||
4 | of Banks and Real Estate or to the
Comptroller of the Currency; | ||||||
5 | provided, that if such funds or moneys are
deposited in a bank, | ||||||
6 | the amount of all such deposits not collateralized or
insured | ||||||
7 | by an agency of the federal government shall not exceed 75% of | ||||||
8 | the
capital stock and surplus of such bank, and the corporate | ||||||
9 | authorities of a
public agency submitting a deposit shall not | ||||||
10 | be discharged from responsibility
for any funds or moneys | ||||||
11 | deposited in any bank in excess of such limitation.
| ||||||
12 | (b) No savings bank or savings and loan association shall | ||||||
13 | receive
public funds unless it has furnished the corporate | ||||||
14 | authorities of a public
agency submitting a deposit with copies | ||||||
15 | of the last 2 sworn statements of
resources and liabilities | ||||||
16 | which the savings bank or savings and loan
association is | ||||||
17 | required to furnish to the Commissioner of Banks and Real
| ||||||
18 | Estate or the Federal Deposit Insurance
Corporation. Each | ||||||
19 | savings bank or savings and loan association designated as a
| ||||||
20 | depository for public funds shall, while acting as such | ||||||
21 | depository, furnish the
corporate authorities of a public | ||||||
22 | agency with a copy of all statements of
resources and | ||||||
23 | liabilities which it is required to furnish to the Commissioner
| ||||||
24 | of Banks and Real Estate or the Federal
Deposit Insurance | ||||||
25 | Corporation; provided, that if such
funds or moneys are | ||||||
26 | deposited in a savings bank or savings and loan
association, |
| |||||||
| |||||||
1 | the amount of all such deposits not collateralized or insured
| ||||||
2 | by an agency of the federal government shall not exceed 75% of | ||||||
3 | the net
worth of such savings bank or savings and loan | ||||||
4 | association as defined by the
Federal Deposit Insurance | ||||||
5 | Corporation, and the corporate authorities of a
public agency | ||||||
6 | submitting a deposit shall not be discharged from | ||||||
7 | responsibility
for any funds or moneys deposited in any savings | ||||||
8 | bank or savings and loan
association in excess of such | ||||||
9 | limitation.
| ||||||
10 | (c) No credit union shall receive public funds unless it | ||||||
11 | has furnished
the corporate authorities of a public agency | ||||||
12 | submitting a share deposit
with copies of the last two reports | ||||||
13 | of examination prepared by or submitted
to the Illinois | ||||||
14 | Department of Financial Institutions or the National Credit
| ||||||
15 | Union Administration. Each credit union designated as a | ||||||
16 | depository for
public funds shall, while acting as such | ||||||
17 | depository, furnish the corporate
authorities of a public | ||||||
18 | agency with a copy of all reports of examination
prepared by or | ||||||
19 | furnished to the Illinois Department of Financial Institutions
| ||||||
20 | or the National Credit Union Administration; provided that if | ||||||
21 | such funds
or moneys are invested in a credit union account, | ||||||
22 | the amount of all such
investments not collateralized or | ||||||
23 | insured by an agency of the federal
government or other | ||||||
24 | approved share insurer shall not exceed 50% of the
unimpaired | ||||||
25 | capital and surplus of such credit union, which shall include
| ||||||
26 | 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 |
| |||||||
| |||||||
1 | state, the
debt service of which is payable from general ad | ||||||
2 | valorem taxes.
| ||||||
3 | (5) Revenue bonds of any city, town, county, or school
| ||||||
4 | district of the State of Illinois.
| ||||||
5 | (6) Obligations issued, assumed, or guaranteed by the
| ||||||
6 | International Finance Corporation, the principal of which | ||||||
7 | is not
amortized during the life of the obligation, but no | ||||||
8 | such
obligation shall be accepted at more than 90% of its | ||||||
9 | market
value.
| ||||||
10 | (7) Illinois Affordable Housing Program Trust Fund | ||||||
11 | Bonds or
Notes as defined in and issued pursuant to the | ||||||
12 | Illinois Housing
Development Act.
| ||||||
13 | (8) In an amount equal to at least market value of that
| ||||||
14 | amount of funds deposited exceeding the insurance | ||||||
15 | limitation
provided by the Federal Deposit Insurance | ||||||
16 | Corporation or the
National Credit Union Administration or | ||||||
17 | other approved share
insurer: (i) securities, (ii) | ||||||
18 | mortgages, (iii) letters of credit
issued by a Federal Home | ||||||
19 | Loan Bank, or (iv) loans covered by a
State Guarantee
| ||||||
20 | Guaranty under the Illinois
Farm Development
Act , if that
| ||||||
21 | guarantee has been assumed by the Illinois Finance | ||||||
22 | Authority under Section
845-75 of the Illinois Finance | ||||||
23 | Authority Act, and loans covered by a State
Guarantee under | ||||||
24 | Article 830 of the Illinois Finance Authority Act .
| ||||||
25 | (9) Certificates of deposit or share certificates | ||||||
26 | issued to
the depository institution pledging them as |
| |||||||
| |||||||
1 | security. The public
agency may require security in the | ||||||
2 | amount of 125% of the value of
the public agency deposit. | ||||||
3 | Such certificate of deposit or share
certificate shall:
| ||||||
4 | (i) be fully insured by the Federal Deposit | ||||||
5 | Insurance
Corporation, the Federal Savings and Loan | ||||||
6 | Insurance
Corporation, or the National Credit Union | ||||||
7 | Share Insurance
Fund or issued by a depository | ||||||
8 | institution which is rated
within the 3 highest | ||||||
9 | classifications established by at
least one of the 2 | ||||||
10 | standard rating services;
| ||||||
11 | (ii) be issued by a financial institution having
| ||||||
12 | assets of $15,000,000 or more; and
| ||||||
13 | (iii) be issued by either a savings and loan
| ||||||
14 | association having a capital to asset ratio of at least | ||||||
15 | 2%,
by a bank having a capital to asset ratio of at | ||||||
16 | least 6% or
by a credit union having a capital to asset | ||||||
17 | ratio of at
least 4%.
| ||||||
18 | The depository institution shall effect the assignment of | ||||||
19 | the
certificate of deposit or share certificate to the public | ||||||
20 | agency
and shall agree that, in the event the issuer of the | ||||||
21 | certificate
fails to maintain the capital to asset ratio | ||||||
22 | required by this
Section, such certificate of deposit or share | ||||||
23 | certificate shall
be replaced by additional suitable security.
| ||||||
24 | (e) The public agency may accept a system established by | ||||||
25 | the State
Treasurer to aggregate permissible securities | ||||||
26 | received as collateral
from financial institutions in a |
| |||||||
| |||||||
1 | collateral pool to secure public
deposits of the institutions | ||||||
2 | that have pledged securities to the pool.
| ||||||
3 | (f) The public agency may at any time declare any | ||||||
4 | particular
security ineligible to qualify as collateral when, | ||||||
5 | in the public
agency's judgment, it is deemed desirable to do | ||||||
6 | so.
| ||||||
7 | (g) Notwithstanding any other provision of this Section, as
| ||||||
8 | security a public agency may, at its discretion, accept a bond,
| ||||||
9 | executed by a company authorized to transact the kinds of | ||||||
10 | business
described in clause (g) of Section 4 of the Illinois | ||||||
11 | Insurance Code, in
an amount not less than the amount of the | ||||||
12 | deposits required by
this Section to be secured, payable to the | ||||||
13 | public agency for the
benefit of the People of the unit of | ||||||
14 | government, in a form that is
acceptable to the public agency | ||||||
15 | Finance Authority .
| ||||||
16 | (h) Paragraphs (a), (b), (c), (d), (e), (f), and
(g) of | ||||||
17 | this Section
do not apply to the University of Illinois, | ||||||
18 | Southern Illinois University,
Chicago State University, | ||||||
19 | Eastern Illinois University, Governors State
University, | ||||||
20 | Illinois State University, Northeastern Illinois University,
| ||||||
21 | Northern Illinois University, Western Illinois University, the | ||||||
22 | Cooperative
Computer Center
and public community colleges.
| ||||||
23 | (Source: P.A. 93-205, eff. 1-1-04; 93-561, eff. 1-1-04; revised | ||||||
24 | 1-14-04 .)
| ||||||
25 | Section 330. The State Employee Illinois Workers' |
| |||||||
| |||||||
1 | Compensation Commission Awards Act is amended by changing | ||||||
2 | Section 5 as follows:
| ||||||
3 | (30 ILCS 260/5) (from Ch. 127, par. 181a)
| ||||||
4 | Sec. 5. Federal funds for compensation of certain State | ||||||
5 | employees.
The State Treasurer, ex officio, may receive from | ||||||
6 | the State Department
of Healthcare and Family Services
Public | ||||||
7 | Aid and the Department of Human Services (as successor to the
| ||||||
8 | Department of Public Aid) any moneys which either Department
| ||||||
9 | has received or shall receive from the federal government for | ||||||
10 | the payment of
compensation awards for injuries or death | ||||||
11 | suffered by any person during the
course of his or her | ||||||
12 | employment by the Department of Healthcare and Family Services | ||||||
13 | (formerly the State Department of Public Aid ) or
the County | ||||||
14 | Department of Public Aid or the Department of Human Services | ||||||
15 | (as
successor to the Illinois Department of Public Aid) or upon | ||||||
16 | any project
entered into between the Department of Healthcare | ||||||
17 | and Family Services (formerly the State Department of Public | ||||||
18 | Aid ) or the Department of
Human Services (as successor to the | ||||||
19 | Illinois Department of Public Aid) and
any other department or | ||||||
20 | agency of the State. Such moneys, or any part
thereof may be | ||||||
21 | paid over from time to time by the Department, to be held in
| ||||||
22 | trust by the Treasurer, ex officio, and disbursed by the | ||||||
23 | Treasurer
to the beneficiaries as directed by the Department.
| ||||||
24 | (Source: P.A. 89-507, eff. 7-1-97; revised 12-15-05.)
|
| |||||||
| |||||||
1 | Section 335. The Local Government Debt Offering Act is | ||||||
2 | amended by changing Section 2 as follows:
| ||||||
3 | (30 ILCS 375/2) (from Ch. 85, par. 842)
| ||||||
4 | Sec. 2.
| ||||||
5 | (a) "Local government" means a county, city, village, town, | ||||||
6 | township,
school district, and other special-purpose district, | ||||||
7 | authority, or public
corporation within the state and | ||||||
8 | authorized by the state to issue bonds and
other long-term | ||||||
9 | obligations.
| ||||||
10 | (b) "Governing body" means the body or board charged with | ||||||
11 | exercising the
legislative authority of a local government.
| ||||||
12 | (c) "Department" means the Department of Commerce and | ||||||
13 | Economic Opportunity
Local Governmental Affairs .
| ||||||
14 | (d) "Chief financial officer" means the comptroller, | ||||||
15 | treasurer, director
of finance or other local government | ||||||
16 | official charged with managing the
fiscal affairs of a local | ||||||
17 | government official charged with managing the
fiscal affairs of | ||||||
18 | a local government.
| ||||||
19 | (e) "Bonds" means debt payable more than one year after | ||||||
20 | date of issue or
incurrence, issued pursuant to the laws | ||||||
21 | authorizing local government
borrowing.
| ||||||
22 | (Source: P.A. 77-1504; revised 10-11-05.)
| ||||||
23 | Section 340. The Human Services Provider Bond Reserve | ||||||
24 | Payment Act is amended by changing Section 10 as follows:
|
| |||||||
| |||||||
1 | (30 ILCS 435/10)
| ||||||
2 | Sec. 10. Definitions. For the purposes of this Act:
| ||||||
3 | (a) "Service provider" means any nongovernmental entity, | ||||||
4 | either for-profit
or not-for-profit, that enters into a | ||||||
5 | contract with a State agency under which
the entity is paid or | ||||||
6 | reimbursed by the State for providing human services to
persons | ||||||
7 | in Illinois.
| ||||||
8 | (b) "State agency" means the Department of Healthcare and | ||||||
9 | Family Services (formerly Department of Public Aid ) , the | ||||||
10 | Department of
Public Health, the Department of Children and | ||||||
11 | Family Services, the Department
of Human Services, and any
| ||||||
12 | other department or
agency of State government that enters into | ||||||
13 | contracts with service
providers under which the provider is | ||||||
14 | paid or reimbursed by the State for
providing human services to | ||||||
15 | persons in Illinois.
| ||||||
16 | (c) "Covered bond issue" means revenue bonds (i) that are | ||||||
17 | issued by any
agency of State or local government within this | ||||||
18 | State, including without
limitation bonds issued by the | ||||||
19 | Illinois Finance
Authority, (ii)
that are to be directly or | ||||||
20 | indirectly paid, in whole or in part, from payments
due to a | ||||||
21 | service provider under a human services contract with a State | ||||||
22 | agency,
and (iii) for which a debt service reserve or other | ||||||
23 | reserve fund has been
established, under the control of a named | ||||||
24 | trustee, that the service provider is
required to replenish in | ||||||
25 | the event that moneys from the reserve fund are used
to make |
| |||||||
| |||||||
1 | payments of principal or interest on the bonds.
| ||||||
2 | (Source: P.A. 93-205, eff. 1-1-04; revised 12-15-05.)
| ||||||
3 | Section 345. The Illinois
Unemployment Insurance
Trust | ||||||
4 | Fund Financing Act is amended by changing Section 8 as follows: | ||||||
5 | (30 ILCS 440/8)
| ||||||
6 | Sec. 8. Continuing appropriation. This Act shall | ||||||
7 | constitute an
irrevocable and continuing appropriation of all | ||||||
8 | amounts necessary in respect to
use of Fund Building Receipts
| ||||||
9 | Reciepts and Bond Proceeds for purposes specified in this
Act, | ||||||
10 | including, without limitation, for the provision for payment of | ||||||
11 | principal
and interest on the Bonds and other amounts due in | ||||||
12 | connection with the issuance
of the Bonds pursuant to this Act, | ||||||
13 | to the fullest extent such appropriation is
required.
| ||||||
14 | (Source: P.A. 93-634, eff. 1-1-04; revised 10-14-05.) | ||||||
15 | Section 350. The Illinois Procurement Code is amended by | ||||||
16 | changing Sections 35-30, 50-13, and 50-35 as follows:
| ||||||
17 | (30 ILCS 500/35-30)
| ||||||
18 | Sec. 35-30. Awards.
| ||||||
19 | (a) All State contracts for professional and artistic | ||||||
20 | services, except as
provided in this Section, shall be awarded | ||||||
21 | using the
competitive request for proposal process outlined in | ||||||
22 | this Section.
|
| |||||||
| |||||||
1 | (b) For each contract offered, the chief procurement | ||||||
2 | officer, State
purchasing officer, or his or her designee shall | ||||||
3 | use the appropriate standard
solicitation
forms
available from | ||||||
4 | the Department of Central Management Services or the higher
| ||||||
5 | education chief procurement officer.
| ||||||
6 | (c) Prepared forms shall be submitted to the Department of | ||||||
7 | Central
Management Services or the higher education chief | ||||||
8 | procurement officer,
whichever is appropriate, for
publication | ||||||
9 | in its Illinois Procurement Bulletin and circulation to the
| ||||||
10 | Department of Central Management
Services' or the higher | ||||||
11 | education chief procurement officer's list of
prequalified | ||||||
12 | vendors. Notice of the offer or request for
proposal shall | ||||||
13 | appear at least 14 days before the response to the offer is | ||||||
14 | due.
| ||||||
15 | (d) All interested respondents shall return their | ||||||
16 | responses to the
Department of Central
Management Services or | ||||||
17 | the higher education chief procurement officer,
whichever is | ||||||
18 | appropriate, which shall open
and record them. The Department | ||||||
19 | or higher education chief procurement officer
then shall | ||||||
20 | forward the responses, together
with any
information it has | ||||||
21 | available about the qualifications and other State work
of the | ||||||
22 | respondents.
| ||||||
23 | (e) After evaluation, ranking, and selection, the | ||||||
24 | responsible chief
procurement officer, State purchasing | ||||||
25 | officer, or
his or her designee shall notify the Department of | ||||||
26 | Central Management Services
or the higher education chief |
| |||||||
| |||||||
1 | procurement officer, whichever is appropriate,
of the | ||||||
2 | successful respondent and shall forward
a copy of the signed | ||||||
3 | contract for the Department's or higher education chief
| ||||||
4 | procurement officer's file. The Department or higher education | ||||||
5 | chief
procurement officer shall
publish the names of the
| ||||||
6 | responsible procurement decision-maker,
the agency letting the | ||||||
7 | contract, the
successful respondent, a contract reference, and | ||||||
8 | value of the let contract
in the next appropriate volume of the | ||||||
9 | Illinois Procurement Bulletin.
| ||||||
10 | (f) For all professional and artistic contracts with | ||||||
11 | annualized value
that exceeds $25,000, evaluation and ranking | ||||||
12 | by price are required. Any chief
procurement officer or State | ||||||
13 | purchasing officer,
but not their designees, may select an | ||||||
14 | offeror other than the lowest bidder by
price. In any case, | ||||||
15 | when the contract exceeds the $25,000 threshold
threshhold and
| ||||||
16 | the lowest bidder is not selected, the chief procurement | ||||||
17 | officer or the State
purchasing officer shall forward together
| ||||||
18 | with the contract notice of who the low bidder was and a | ||||||
19 | written decision as
to why another was selected to the | ||||||
20 | Department of Central Management Services or
the higher | ||||||
21 | education chief procurement officer, whichever is appropriate.
| ||||||
22 | The Department or higher education chief procurement officer | ||||||
23 | shall publish as
provided in subsection (e) of Section 35-30,
| ||||||
24 | but
shall include notice of the chief procurement officer's or | ||||||
25 | State purchasing
officer's written decision.
| ||||||
26 | (g) The Department of Central Management Services and |
| |||||||
| |||||||
1 | higher education chief
procurement officer may each refine, but | ||||||
2 | not
contradict, this Section by promulgating rules
for | ||||||
3 | submission to the Procurement Policy Board and then to the | ||||||
4 | Joint Committee
on Administrative Rules. Any
refinement shall | ||||||
5 | be based on the principles and procedures of the federal
| ||||||
6 | Architect-Engineer Selection Law, Public Law 92-582 Brooks | ||||||
7 | Act, and the
Architectural, Engineering, and Land Surveying | ||||||
8 | Qualifications Based Selection
Act; except that pricing shall | ||||||
9 | be an integral part of the selection process.
| ||||||
10 | (Source: P.A. 90-572, eff. date - See Sec. 99-5; revised | ||||||
11 | 10-19-05.)
| ||||||
12 | (30 ILCS 500/50-13)
| ||||||
13 | Sec. 50-13. Conflicts of interest.
| ||||||
14 | (a) Prohibition. It is unlawful for any person holding an
| ||||||
15 | elective office in this State,
holding a seat in the General | ||||||
16 | Assembly, or appointed to or
employed in any of the offices or
| ||||||
17 | agencies of State government and who receives compensation for | ||||||
18 | such employment
in excess of 60% of the salary of the Governor | ||||||
19 | of the State of Illinois, or who
is an officer or employee of
| ||||||
20 | the Capital Development
Board or the Illinois Toll Highway | ||||||
21 | Authority, or who is the spouse
or minor child of any such
| ||||||
22 | person to have or acquire any contract, or any direct pecuniary
| ||||||
23 | interest in any contract therein,
whether for stationery, | ||||||
24 | printing, paper, or any services,
materials, or supplies, that | ||||||
25 | will be
wholly or partially satisfied by the payment of funds |
| |||||||
| |||||||
1 | appropriated
by the General Assembly of
the State of Illinois | ||||||
2 | or in any contract of the Capital
Development Board or the | ||||||
3 | Illinois Toll
Highway Authority.
| ||||||
4 | (b) Interests. It is unlawful for any firm, partnership,
| ||||||
5 | association, or corporation, in
which any person listed in | ||||||
6 | subsection (a) is entitled to receive (i) more than
7 1/2% of | ||||||
7 | the total
distributable income or (ii) an amount in excess of | ||||||
8 | the salary of the Governor,
to have or acquire any
such | ||||||
9 | contract or direct pecuniary interest therein.
| ||||||
10 | (c) Combined interests. It is unlawful for any firm, | ||||||
11 | partnership,
association, or corporation, in which any person | ||||||
12 | listed in subsection (a)
together with his or her spouse or | ||||||
13 | minor children is entitled to receive (i)
more than 15%, in the | ||||||
14 | aggregate, of the total distributable income or (ii) an
amount | ||||||
15 | in excess of 2 times the salary of the Governor, to have or | ||||||
16 | acquire any
such contract or direct pecuniary interest therein.
| ||||||
17 | (c-5) Appointees and firms. In addition to any provisions | ||||||
18 | of this Code,
the interests of certain
appointees and their | ||||||
19 | firms are subject to Section 3A-35 of the Illinois
Governmental | ||||||
20 | Ethics Act.
| ||||||
21 | (d) Securities. Nothing in this Section invalidates the
| ||||||
22 | provisions of any bond or other
security previously offered or | ||||||
23 | to be offered for sale or sold by
or for the State of Illinois.
| ||||||
24 | (e) Prior interests. This Section does not affect the
| ||||||
25 | validity of any contract made
between the State and an officer | ||||||
26 | or employee of the State or
member of the General Assembly,
his |
| |||||||
| |||||||
1 | or her spouse, minor child, or other immediate family member | ||||||
2 | living in
his or her residence or any
combination of those | ||||||
3 | persons
if that contract was in
existence before his or her | ||||||
4 | election or employment as an officer,
member, or employee. The
| ||||||
5 | contract is voidable, however, if it cannot be completed within | ||||||
6 | 365
days after the officer, member,
or employee takes office or | ||||||
7 | is employed.
| ||||||
8 | (f) Exceptions.
| ||||||
9 | (1) Public aid payments. This Section does not apply
to | ||||||
10 | payments made for a
public aid recipient.
| ||||||
11 | (2) Teaching. This Section does not apply to a
contract | ||||||
12 | for personal services as
a teacher or school administrator | ||||||
13 | between a member of the General
Assembly or his or her
| ||||||
14 | spouse, or a State officer or employee or his or her | ||||||
15 | spouse, and
any school district, public community college | ||||||
16 | district, the University of
Illinois, Southern Illinois | ||||||
17 | University, Illinois State University, Eastern
Illinois | ||||||
18 | University, Northern Illinois University, Western Illinois | ||||||
19 | University,
Chicago State University, Governor State | ||||||
20 | University, or Northeastern Illinois
University.
| ||||||
21 | (3) Ministerial duties. This Section does not apply to
| ||||||
22 | a contract for personal
services of a wholly ministerial | ||||||
23 | character, including but not
limited to services as a | ||||||
24 | laborer, clerk,
typist, stenographer, page, bookkeeper, | ||||||
25 | receptionist, or telephone
switchboard operator, made
by a | ||||||
26 | spouse or minor child of an elective or appointive State
|
| |||||||
| |||||||
1 | officer or employee or of a member
of the General Assembly.
| ||||||
2 | (4) Child and family services. This Section does not
| ||||||
3 | apply to payments made
to a member of the General Assembly, | ||||||
4 | a State officer or employee,
his or her spouse or minor
| ||||||
5 | child acting as a foster parent, homemaker, advocate, or | ||||||
6 | volunteer
for or in behalf of a child or
family served by | ||||||
7 | the Department of Children and Family Services.
| ||||||
8 | (5) Licensed professionals. Contracts with licensed | ||||||
9 | professionals,
provided they are competitively bid or part | ||||||
10 | of a reimbursement program for
specific, customary goods | ||||||
11 | and services through the Department of Children and
Family | ||||||
12 | Services, the Department of Human Services,
the Department | ||||||
13 | of Healthcare and Family Services
Public Aid , the | ||||||
14 | Department of Public Health, or
the Department on Aging.
| ||||||
15 | (g) Penalty. A person convicted of a violation of this | ||||||
16 | Section is guilty of
a business offense and shall be fined not | ||||||
17 | less than $1,000 nor more than
$5,000.
| ||||||
18 | (Source: P.A. 93-615, eff. 11-19-03; revised 12-15-05.)
| ||||||
19 | (30 ILCS 500/50-35)
| ||||||
20 | Sec. 50-35. Disclosure and potential conflicts of | ||||||
21 | interest.
| ||||||
22 | (a) All offers from responsive bidders or offerors with an | ||||||
23 | annual value of
more than $10,000 shall be accompanied by | ||||||
24 | disclosure of the financial
interests of the contractor, | ||||||
25 | bidder, or proposer. The financial disclosure of
each |
| |||||||
| |||||||
1 | successful bidder or offeror shall become
part of the publicly | ||||||
2 | available contract or procurement file
maintained by the | ||||||
3 | appropriate chief procurement officer.
| ||||||
4 | (b) Disclosure by the responsive bidders or offerors shall | ||||||
5 | include any
ownership or distributive income share that is in | ||||||
6 | excess of 5%, or an amount
greater than 60% of the annual | ||||||
7 | salary of the Governor, of the bidding entity
or its parent | ||||||
8 | entity, whichever is less, unless the contractor or bidder
(i) | ||||||
9 | is a
publicly traded entity subject to Federal 10K reporting, | ||||||
10 | in which case it may
submit its 10K
disclosure in place of the | ||||||
11 | prescribed disclosure, or (ii) is a privately held
entity that | ||||||
12 | is exempt from Federal 10k reporting but has more than 400
| ||||||
13 | shareholders, in which case it may submit the information that | ||||||
14 | Federal 10k
reporting companies are required to report under 17 | ||||||
15 | CFR 229.401 and list the
names of any person or entity holding | ||||||
16 | any ownership share that is in excess of
5% in place of the | ||||||
17 | prescribed disclosure. The form of disclosure shall
be | ||||||
18 | prescribed by the applicable chief procurement officer and must | ||||||
19 | include at
least the names,
addresses, and dollar or | ||||||
20 | proportionate share of ownership of each person
identified in | ||||||
21 | this Section, their instrument of ownership or beneficial
| ||||||
22 | relationship, and notice of any potential conflict of interest | ||||||
23 | resulting from
the current ownership or beneficial | ||||||
24 | relationship of each person identified in
this Section having | ||||||
25 | in addition any of the following relationships:
| ||||||
26 | (1) State employment, currently or in the previous 3 |
| |||||||
| |||||||
1 | years, including
contractual employment of services.
| ||||||
2 | (2) State employment of spouse, father, mother, son, or | ||||||
3 | daughter,
including
contractual employment for services in | ||||||
4 | the previous 2 years.
| ||||||
5 | (3) Elective status; the holding of elective office of | ||||||
6 | the State of
Illinois, the government of the United States, | ||||||
7 | any unit of local government
authorized by the Constitution | ||||||
8 | of the State of Illinois or the statutes of the
State of | ||||||
9 | Illinois currently or in the previous 3 years.
| ||||||
10 | (4) Relationship to anyone holding elective office | ||||||
11 | currently or in the
previous 2 years; spouse, father, | ||||||
12 | mother, son, or daughter.
| ||||||
13 | (5) Appointive office; the holding of any appointive | ||||||
14 | government office of
the State of Illinois, the United | ||||||
15 | States of America, or any unit of local
government | ||||||
16 | authorized by the Constitution of the State of Illinois or | ||||||
17 | the
statutes of the State of Illinois, which office | ||||||
18 | entitles the holder to
compensation in excess of expenses | ||||||
19 | incurred in the discharge of that office
currently or in | ||||||
20 | the previous 3 years.
| ||||||
21 | (6) Relationship to anyone holding appointive office | ||||||
22 | currently or in the
previous 2 years; spouse, father, | ||||||
23 | mother, son, or daughter.
| ||||||
24 | (7) Employment, currently or in the previous 3 years, | ||||||
25 | as or by any
registered lobbyist of the State government.
| ||||||
26 | (8) Relationship to anyone who is or was a registered |
| |||||||
| |||||||
1 | lobbyist in the
previous 2 years; spouse, father, mother, | ||||||
2 | son, or daughter.
| ||||||
3 | (9) Compensated employment, currently or in the | ||||||
4 | previous 3 years, by any
registered election or re-election | ||||||
5 | committee registered with the Secretary of
State or any | ||||||
6 | county clerk in the State of Illinois, or any political | ||||||
7 | action
committee registered with either the Secretary of | ||||||
8 | State or the Federal Board of
Elections.
| ||||||
9 | (10) Relationship to anyone; spouse, father, mother, | ||||||
10 | son, or daughter; who
is or was a compensated employee in | ||||||
11 | the last 2 years of any registered
election or re-election | ||||||
12 | committee registered with the Secretary of State or any
| ||||||
13 | county clerk in the State of Illinois, or any political | ||||||
14 | action committee
registered with either the Secretary of | ||||||
15 | State or the Federal Board of
Elections.
| ||||||
16 | (c) The disclosure in subsection (b) is not intended to | ||||||
17 | prohibit or prevent
any
contract. The disclosure is meant to | ||||||
18 | fully and publicly disclose any potential
conflict to the chief | ||||||
19 | procurement officers, State purchasing officers, their
| ||||||
20 | designees, and executive officers so they may adequately | ||||||
21 | discharge their duty
to protect the State.
| ||||||
22 | (d) In the case of any contract for personal services in | ||||||
23 | excess of
$50,000; any contract competitively bid in excess of | ||||||
24 | $250,000; any other
contract in excess of $50,000; when a | ||||||
25 | potential for a conflict of interest
is identified, discovered, | ||||||
26 | or reasonably suspected it shall be reviewed and
commented on |
| |||||||
| |||||||
1 | in writing by the Governor of the State of Illinois, or by an
| ||||||
2 | executive ethics board or commission he or she might designate. | ||||||
3 | The comment
shall be
returned to the responsible chief | ||||||
4 | procurement officer who must rule in writing
whether to void or
| ||||||
5 | allow the contract, bid, offer, or proposal weighing the best | ||||||
6 | interest of the
State of Illinois. The comment and | ||||||
7 | determination shall become a publicly
available part of the | ||||||
8 | contract, bid, or proposal file.
| ||||||
9 | (e) These thresholds
threshholds and disclosure do not | ||||||
10 | relieve the chief procurement
officer, the State purchasing | ||||||
11 | officer, or
their designees from reasonable care and diligence | ||||||
12 | for any contract, bid,
offer,
or proposal. The chief | ||||||
13 | procurement officer, the State purchasing officer, or
their | ||||||
14 | designees shall be
responsible for using any reasonably known | ||||||
15 | and publicly available information
to
discover any undisclosed | ||||||
16 | potential conflict of interest and act to protect the
best | ||||||
17 | interest of the State of Illinois.
| ||||||
18 | (f) Inadvertent or accidental failure to fully disclose | ||||||
19 | shall render the
contract, bid, proposal, or relationship | ||||||
20 | voidable by the chief procurement
officer if he or she deems it | ||||||
21 | in
the best interest of the State of Illinois and, at his or | ||||||
22 | her discretion, may
be cause for barring from future contracts, | ||||||
23 | bids, proposals, or
relationships with the State for a period | ||||||
24 | of up to 2 years.
| ||||||
25 | (g) Intentional, willful, or material failure to disclose | ||||||
26 | shall render the
contract, bid, proposal, or relationship |
| |||||||
| |||||||
1 | voidable by the chief procurement
officer if he or she deems it | ||||||
2 | in
the best interest of the State of Illinois and shall result | ||||||
3 | in debarment from
future contracts, bids, proposals, or | ||||||
4 | relationships for a period of not less
than 2 years and not | ||||||
5 | more than 10 years. Reinstatement after 2 years and
before 10 | ||||||
6 | years must be reviewed and commented on in writing by the | ||||||
7 | Governor
of the State of Illinois, or by an executive ethics | ||||||
8 | board or commission he or
she
might designate. The comment | ||||||
9 | shall be returned to the responsible chief
procurement officer | ||||||
10 | who must
rule in writing whether and when to reinstate.
| ||||||
11 | (h) In addition, all disclosures shall note any other | ||||||
12 | current or pending
contracts, proposals, leases, or other | ||||||
13 | ongoing procurement relationships the
bidding, proposing, or | ||||||
14 | offering entity has with any other unit of State
government and | ||||||
15 | shall clearly identify the unit and the contract, proposal,
| ||||||
16 | lease, or other relationship.
| ||||||
17 | (Source: P.A. 90-572, eff. 2-6-98; 91-146, eff. 7-16-99; | ||||||
18 | revised 10-19-05.)
| ||||||
19 | Section 355. The State Property Control Act is amended by | ||||||
20 | changing Section 1.02 as follows:
| ||||||
21 | (30 ILCS 605/1.02) (from Ch. 127, par. 133b3)
| ||||||
22 | Sec. 1.02. "Property" means State owned property and | ||||||
23 | includes all real
estate, with the exception of rights of way | ||||||
24 | for State water resource and
highway improvements, traffic |
| |||||||
| |||||||
1 | signs and traffic signals, and with the
exception of common | ||||||
2 | school property; and all tangible personal property with
the | ||||||
3 | exception of properties specifically exempted by the | ||||||
4 | administrator,
provided that any property originally | ||||||
5 | classified as real property which
has been detached from its | ||||||
6 | structure shall be classified as personal property.
| ||||||
7 | "Property" does not include property owned by the Illinois | ||||||
8 | Medical District
Commission and leased or occupied by others | ||||||
9 | for purposes permitted under the
Illinois Medical District Act. | ||||||
10 | "Property" also does not include property owned
and held by the | ||||||
11 | Illinois Medical District Commission for redevelopment.
| ||||||
12 | "Property" does not include property described under | ||||||
13 | Section 5 of
Public Act 92-371
with respect to depositing the | ||||||
14 | net proceeds from the sale or exchange of the
property as | ||||||
15 | provided in Section 10 of that Act.
| ||||||
16 | "Property" does not include that property described under | ||||||
17 | Section 5 of Public Act 94-405
this amendatory Act of the 94th | ||||||
18 | General Assembly .
| ||||||
19 | (Source: P.A. 94-405, eff. 8-2-05; revised 8-31-05.)
| ||||||
20 | Section 360. The State Facilities Closure Act is amended by | ||||||
21 | changing Section 5-1 as follows: | ||||||
22 | (30 ILCS 608/5-1)
| ||||||
23 | Sec. 5-1. Short title. This Article
Act may be cited as the | ||||||
24 | State Facilities Closure Act. All references in this Article to |
| |||||||
| |||||||
1 | "this Act" mean this Article.
| ||||||
2 | (Source: P.A. 93-839, eff. 7-30-04; revised 11-5-04.) | ||||||
3 | Section 365. The Build Illinois Act is amended by changing | ||||||
4 | Section 9-4.2 as follows:
| ||||||
5 | (30 ILCS 750/9-4.2) (from Ch. 127, par. 2709-4.2)
| ||||||
6 | Sec. 9-4.2. Illinois Capital Revolving Loan Fund.
| ||||||
7 | (a) There is hereby created the Illinois Capital
Revolving | ||||||
8 | Loan Fund, hereafter referred to in this Article as the
| ||||||
9 | "Capital Fund" to be held as a separate fund within the State
| ||||||
10 | Treasury.
| ||||||
11 | The purpose of the Capital Fund is to finance intermediary | ||||||
12 | agreements,
administration, technical assistance agreements,
| ||||||
13 | loans, grants, or investments in Illinois. In addition, funds | ||||||
14 | may be
used
for a one time transfer in fiscal year 1994, not to | ||||||
15 | exceed the amounts
appropriated, to the Public Infrastructure | ||||||
16 | Construction Loan Revolving Fund for
grants and loans pursuant | ||||||
17 | to the Public Infrastructure Loan and Grant Program
Act. | ||||||
18 | Investments, administration,
grants, and financial aid shall | ||||||
19 | be used for the purposes set for in this
Article. Loan | ||||||
20 | financing will be in the
form of
loan agreements pursuant to | ||||||
21 | the terms and conditions set
forth in this Article. All loans | ||||||
22 | shall be conditioned on the
project receiving financing from | ||||||
23 | participating lenders or other investors.
Loan
proceeds shall | ||||||
24 | be available for project costs, except for
debt refinancing.
|
| |||||||
| |||||||
1 | (b) There shall be deposited in the Capital Fund
such | ||||||
2 | amounts, including but not limited to:
| ||||||
3 | (i) All receipts, including dividends, principal and | ||||||
4 | interest
payments and royalties, from any applicable loan, | ||||||
5 | intermediary, or technical
assistance agreement
made from | ||||||
6 | the Capital Fund or from direct appropriations from the | ||||||
7 | Build
Illinois Bond Fund or the Build Illinois Purposes | ||||||
8 | Fund (now abolished) or the General Revenue Fund by
the | ||||||
9 | General Assembly entered into by the Department;
| ||||||
10 | (ii) All proceeds of assets of whatever nature
received | ||||||
11 | by the Department as a result of default or delinquency
| ||||||
12 | with respect to loan agreements made from the Capital
Fund | ||||||
13 | or from direct appropriations by the General Assembly,
| ||||||
14 | including proceeds from the sale, disposal, lease or rental
| ||||||
15 | of real or personal property which the Department may | ||||||
16 | receive
as a result thereof;
| ||||||
17 | (iii) Any appropriations, grants or gifts made to
the | ||||||
18 | Capital Fund;
| ||||||
19 | (iv) Any income received from interest on investments
| ||||||
20 | of moneys in the Capital Fund;
| ||||||
21 | (v) All moneys resulting from the collection of | ||||||
22 | premiums, fees, charges,
costs, and expenses described in | ||||||
23 | subsection (e) of Section 9-3.
| ||||||
24 | (c) The Treasurer may invest moneys in the Capital
Fund in | ||||||
25 | securities constituting obligations of the United
States | ||||||
26 | Government, or in obligations the principal of and
interest on |
| |||||||
| |||||||
1 | which are guaranteed by the United States Government,
in | ||||||
2 | obligations the principal of and interest on which
are | ||||||
3 | guaranteed by the United States Government, or in certificates
| ||||||
4 | of deposit of any State or national bank which are
fully | ||||||
5 | secured by obligations guaranteed as to principal and
interest | ||||||
6 | by the United States Government.
| ||||||
7 | (Source: P.A. 94-91, eff. 7-1-05; 94-392, eff. 8-1-05; revised | ||||||
8 | 8-19-05.)
| ||||||
9 | Section 370. The Excellence in Academic Medicine Act is | ||||||
10 | amended by changing Sections 65 and 74 as follows:
| ||||||
11 | (30 ILCS 775/65)
| ||||||
12 | Sec. 65. Reporting requirements. On or before May 1 of each | ||||||
13 | year, the
chief executive officer of each Qualified Academic | ||||||
14 | Medical Center Hospital
shall submit a report to the | ||||||
15 | Comptroller regarding the effects of the programs
authorized by | ||||||
16 | this Act. The report shall also report the total amount of
| ||||||
17 | grants from and contracts with the National Institutes of | ||||||
18 | Health in the
preceding calendar year. It shall assess whether | ||||||
19 | the programs funded are
likely to be successful, require | ||||||
20 | further study, or no longer appear to be
promising avenues of | ||||||
21 | research. It shall discuss the probable use of the
| ||||||
22 | developmental program in mainstream medicine including both | ||||||
23 | cost impact and
medical effect. The report shall address the | ||||||
24 | effects the programs may have
on containing Title XIX and Title |
| |||||||
| |||||||
1 | XXI costs in Illinois. The Comptroller
shall immediately | ||||||
2 | forward the report to the Director of Healthcare and Family | ||||||
3 | Services
Public Aid and the
Director of Public Health who shall | ||||||
4 | evaluate the contents in a letter submitted
to the President of | ||||||
5 | the Senate and the Speaker of the House of Representatives.
| ||||||
6 | (Source: P.A. 92-10, eff. 6-11-01; revised 12-15-05.)
| ||||||
7 | (30 ILCS 775/74)
| ||||||
8 | Sec. 74. Reimbursement methodology. The Department of | ||||||
9 | Healthcare and Family Services
Public Aid may
develop a | ||||||
10 | reimbursement methodology consistent with this Act for | ||||||
11 | distribution
of moneys from the funds in a manner that would | ||||||
12 | allow distributions from these
funds to be matchable under | ||||||
13 | Title XIX of the Social Security Act. The
Department may | ||||||
14 | promulgate rules necessary to make these distributions
| ||||||
15 | matchable.
| ||||||
16 | (Source: P.A. 89-506, eff. 7-3-96; revised 12-15-05.)
| ||||||
17 | Section 375. The State Mandates Act is amended by setting | ||||||
18 | forth, renumbering, and changing multiple versions of Section | ||||||
19 | 8.25 and by changing Sections 8.27, 8.28, 8.29, and 8.30 as | ||||||
20 | follows:
| ||||||
21 | (30 ILCS 805/8.25)
| ||||||
22 | Sec. 8.25. Exempt mandate. Notwithstanding Sections 6 and 8 | ||||||
23 | of this
Act, no reimbursement by the State is required for the |
| |||||||
| |||||||
1 | implementation of
any mandate created by Public Act 92-36, | ||||||
2 | 92-50, 92-52, 92-53, 92-166,
92-281, 92-382, 92-388, 92-416, | ||||||
3 | 92-424, or 92-465.
| ||||||
4 | (Source: P.A. 92-36, eff. 6-28-01; 92-50, eff. 7-12-01; 92-52, | ||||||
5 | eff. 7-12-01;
92-53, eff. 7-12-01; 92-166, eff. 1-1-02; 92-281, | ||||||
6 | eff. 8-7-01; 92-382, eff.
8-16-01; 92-388, eff. 1-1-02; 92-416, | ||||||
7 | eff. 8-17-01; 92-424, eff. 8-17-01;
92-465, eff. 1-1-02; | ||||||
8 | 92-651, eff. 7-11-02.)
| ||||||
9 | (30 ILCS 805/8.26)
| ||||||
10 | Sec. 8.26 8.25 . Exempt mandate. Notwithstanding Sections 6 | ||||||
11 | and 8 of
this Act, no reimbursement by the State is required | ||||||
12 | for the implementation of
any mandate created by Public Act | ||||||
13 | 92-505, 92-533, 92-599, 92-602, 92-609,
92-616, 92-631, | ||||||
14 | 92-705, 92-733, 92-767, 92-779, 92-844, or 92-846.
this | ||||||
15 | amendatory Act of the 92nd General Assembly.
| ||||||
16 | (Source: P.A. 92-505, eff. 12-20-01; 92-533, eff. 3-14-02; | ||||||
17 | 92-599, eff.
6-28-02; 92-602, eff. 7-1-02; 92-609, eff. 7-1-02; | ||||||
18 | 92-616, eff. 7-8-02; 92-631,
eff. 7-11-02; 92-705, eff. | ||||||
19 | 7-19-02; 92-733, eff. 7-25-02; 92-767, eff. 8-6-02;
92-779, | ||||||
20 | eff. 8-6-02; 92-844, eff. 8-23-02; 92-846, eff. 8-23-02; | ||||||
21 | revised
10-25-02.)
| ||||||
22 | (30 ILCS 805/8.27)
| ||||||
23 | Sec. 8.27. Exempt mandate.
| ||||||
24 | (a) Notwithstanding Sections 6 and 8 of this Act, no |
| |||||||
| |||||||
1 | reimbursement by
the State is required for the implementation | ||||||
2 | of any mandate created by Public
Act 93-3, 93-19, 93-42, | ||||||
3 | 93-119, 93-123, 93-146, 93-206, 93-209, 93-226, 93-282,
| ||||||
4 | 93-314, 93-334, 93-377, 93-378, 93-409, 93-411, 93-517, | ||||||
5 | 93-538, 93-574, or 93-633.
this amendatory Act of the 93rd | ||||||
6 | General Assembly.
| ||||||
7 | (b) Notwithstanding Sections 6 and 8 of this Act, no | ||||||
8 | reimbursement by
the State is required for the implementation | ||||||
9 | of any mandate created by Section
25.5 of the River Conservancy | ||||||
10 | Districts Act.
| ||||||
11 | (c) Notwithstanding Sections 6 and 8 of this
Act, no | ||||||
12 | reimbursement by the State is required for the implementation | ||||||
13 | of
any mandate created by the Public Works Contract Change | ||||||
14 | Order Act.
| ||||||
15 | (Source: P.A. 93-3, eff. 4-16-03; 93-19, eff. 6-20-03; 93-42, | ||||||
16 | eff. 7-1-03;
93-119, eff. 7-10-03; 93-123, eff. 7-10-03; | ||||||
17 | 93-146, eff. 7-10-03; 93-206, eff.
7-18-03; 93-209, eff. | ||||||
18 | 7-18-03; 93-226, eff. 7-22-03; 93-275, eff. 7-22-03;
93-282, | ||||||
19 | eff. 7-22-03; 93-314, eff. 1-1-04; 93-334, eff. 7-24-03; | ||||||
20 | 93-377, eff.
1-1-04; 93-378, eff. 7-24-03; 93-409, eff. 8-4-03; | ||||||
21 | 93-411, eff. 8-4-03; 93-517,
eff. 8-6-03; 93-538, eff. 1-1-04; | ||||||
22 | 93-574, eff. 8-21-03; 93-633; eff. 12-23-03; 93-656, eff. | ||||||
23 | 6-1-04; revised 1-22-04.)
| ||||||
24 | (30 ILCS 805/8.28)
| ||||||
25 | Sec. 8.28. Exempt mandate. |
| |||||||
| |||||||
1 | (a) Notwithstanding Sections 6 and 8 of this
Act, no | ||||||
2 | reimbursement by the State is required for the implementation | ||||||
3 | of
any mandate created by Public Act 93-654, 93-677, 93-679, | ||||||
4 | 93-689, 93-734, 93-753, 93-910, 93-917, 93-1036, 93-1038, | ||||||
5 | 93-1079, or 93-1090
this amendatory Act of the 93rd General | ||||||
6 | Assembly .
| ||||||
7 | (b) Notwithstanding Sections 6 and 8 of this
Act, no | ||||||
8 | reimbursement by the State is required for the implementation | ||||||
9 | of
any mandate created by the Senior Citizens Assessment Freeze | ||||||
10 | Homestead Exemption under Section 15-172 of the Property Tax | ||||||
11 | Code, the General Homestead Exemption under Section 15-175 of | ||||||
12 | the Property Tax Code, the alternative General Homestead | ||||||
13 | Exemption
under
Section 15-176 of the Property Tax Code, the | ||||||
14 | Homestead Improvements Exemption under Section 15-180 of the | ||||||
15 | Property Tax Code, and by Public Act 93-715
this amendatory Act | ||||||
16 | of the 93rd General Assembly . | ||||||
17 | (Source: P.A. 93-654, eff. 1-16-04; 93-677, eff. 6-28-04; | ||||||
18 | 93-679, eff. 6-30-04; 93-689, eff. 7-1-04; 93-715, eff. | ||||||
19 | 7-12-04; 93-734, eff. 7-14-04; 93-753, eff. 7-16-04; 93-910, | ||||||
20 | eff. 1-1-05; 93-917, eff. 8-12-04; 93-1036, eff. 9-14-04; | ||||||
21 | 93-1038, eff. 6-1-05; 93-1079, eff. 1-21-05; 93-1090, eff. | ||||||
22 | 3-11-05; revised 12-1-05.) | ||||||
23 | (30 ILCS 805/8.29)
| ||||||
24 | Sec. 8.29. Exempt mandate. Notwithstanding Sections 6 and 8 | ||||||
25 | of this
Act, no reimbursement by the State is required for the |
| |||||||
| |||||||
1 | implementation of
any mandate created by Public Act 94-4, | ||||||
2 | 94-210, 94-234, 94-354, 94-478, 94-576, 94-600, 94-612, | ||||||
3 | 94-621, 94-624, 94-639, 94-645, 94-712, 94-714, 94-719, or | ||||||
4 | 94-724
this amendatory Act of the 94th General Assembly .
| ||||||
5 | (Source: P.A. 94-4, eff. 6-1-05; 94-210, eff. 7-14-05; 94-234, | ||||||
6 | eff. 7-1-06; 94-354, eff. 1-1-06; 94-478, eff. 8-5-05; 94-576, | ||||||
7 | eff. 8-12-05; 94-600, eff. 8-16-05; 94-612, eff. 8-18-05; | ||||||
8 | 94-621, eff. 8-18-05; 94-624, eff. 8-18-05; 94-639, eff. | ||||||
9 | 8-22-05; 94-645, eff. 8-22-05; 94-712, eff. 6-1-06; 94-714, | ||||||
10 | eff. 7-1-06; 94-719, eff. 1-6-06; 94-724, eff. 1-20-06; revised | ||||||
11 | 1-23-06.) | ||||||
12 | (30 ILCS 805/8.30) | ||||||
13 | Sec. 8.30. Exempt mandate. | ||||||
14 | (a) Notwithstanding Sections 6 and 8 of this Act, no | ||||||
15 | reimbursement by the State is required for the implementation | ||||||
16 | of any mandate created by Public Act 94-750, 94-792, 94-794, | ||||||
17 | 94-806, 94-823, 94-834, 94-856, 94-875, 94-933, or 94-1055
this | ||||||
18 | amendatory Act of the 94th General Assembly .
| ||||||
19 | (b) Notwithstanding Sections 6 and 8 of this Act, no | ||||||
20 | reimbursement by the State is required for the implementation | ||||||
21 | of any mandate created by the Volunteer Emergency Worker Higher | ||||||
22 | Education Protection Act. | ||||||
23 | (Source: P.A. 94-750, eff. 5-9-06; 94-792, eff. 5-19-06; | ||||||
24 | 94-794, eff. 5-22-06; 94-806, eff. 1-1-07; 94-823, eff. 1-1-07; | ||||||
25 | 94-834, eff. 6-6-06; 94-856, eff. 6-15-06; 94-875, eff. 7-1-06; |
| |||||||
| |||||||
1 | 94-933, eff. 6-26-06; 94-957, eff. 7-1-06; 94-1055, eff. | ||||||
2 | 1-1-07; revised 8-22-06.) | ||||||
3 | Section 380. The Illinois Income Tax Act is amended by | ||||||
4 | changing Sections 203, 205, 509, 510, and 917 and by setting | ||||||
5 | forth, renumbering, and changing multiple versions of Sections | ||||||
6 | 507X, 507Y, and 507EE as follows:
| ||||||
7 | (35 ILCS 5/203) (from Ch. 120, par. 2-203)
| ||||||
8 | Sec. 203. Base income defined.
| ||||||
9 | (a) Individuals.
| ||||||
10 | (1) In general. In the case of an individual, base | ||||||
11 | income means an
amount equal to the taxpayer's adjusted | ||||||
12 | gross income for the taxable
year as modified by paragraph | ||||||
13 | (2).
| ||||||
14 | (2) Modifications. The adjusted gross income referred | ||||||
15 | to in
paragraph (1) shall be modified by adding thereto the | ||||||
16 | sum of the
following amounts:
| ||||||
17 | (A) An amount equal to all amounts paid or accrued | ||||||
18 | to the taxpayer
as interest or dividends during the | ||||||
19 | taxable year to the extent excluded
from gross income | ||||||
20 | in the computation of adjusted gross income, except | ||||||
21 | stock
dividends of qualified public utilities | ||||||
22 | described in Section 305(e) of the
Internal Revenue | ||||||
23 | Code;
| ||||||
24 | (B) An amount equal to the amount of tax imposed by |
| |||||||
| |||||||
1 | this Act to the
extent deducted from gross income in | ||||||
2 | the computation of adjusted gross
income for the | ||||||
3 | taxable year;
| ||||||
4 | (C) An amount equal to the amount received during | ||||||
5 | the taxable year
as a recovery or refund of real | ||||||
6 | property taxes paid with respect to the
taxpayer's | ||||||
7 | principal residence under the Revenue Act of
1939 and | ||||||
8 | for which a deduction was previously taken under | ||||||
9 | subparagraph (L) of
this paragraph (2) prior to July 1, | ||||||
10 | 1991, the retrospective application date of
Article 4 | ||||||
11 | of Public Act 87-17. In the case of multi-unit or | ||||||
12 | multi-use
structures and farm dwellings, the taxes on | ||||||
13 | the taxpayer's principal residence
shall be that | ||||||
14 | portion of the total taxes for the entire property | ||||||
15 | which is
attributable to such principal residence;
| ||||||
16 | (D) An amount equal to the amount of the capital | ||||||
17 | gain deduction
allowable under the Internal Revenue | ||||||
18 | Code, to the extent deducted from gross
income in the | ||||||
19 | computation of adjusted gross income;
| ||||||
20 | (D-5) An amount, to the extent not included in | ||||||
21 | adjusted gross income,
equal to the amount of money | ||||||
22 | withdrawn by the taxpayer in the taxable year from
a | ||||||
23 | medical care savings account and the interest earned on | ||||||
24 | the account in the
taxable year of a withdrawal | ||||||
25 | pursuant to subsection (b) of Section 20 of the
Medical | ||||||
26 | Care Savings Account Act or subsection (b) of Section |
| |||||||
| |||||||
1 | 20 of the
Medical Care Savings Account Act of 2000;
| ||||||
2 | (D-10) For taxable years ending after December 31, | ||||||
3 | 1997, an
amount equal to any eligible remediation costs | ||||||
4 | that the individual
deducted in computing adjusted | ||||||
5 | gross income and for which the
individual claims a | ||||||
6 | credit under subsection (l) of Section 201;
| ||||||
7 | (D-15) For taxable years 2001 and thereafter, an | ||||||
8 | amount equal to the
bonus depreciation deduction taken | ||||||
9 | on the taxpayer's federal income tax return for the | ||||||
10 | taxable
year under subsection (k) of Section 168 of the | ||||||
11 | Internal Revenue Code;
| ||||||
12 | (D-16) If the taxpayer sells, transfers, abandons, | ||||||
13 | or otherwise disposes of property for which the | ||||||
14 | taxpayer was required in any taxable year to
make an | ||||||
15 | addition modification under subparagraph (D-15), then | ||||||
16 | an amount equal
to the aggregate amount of the | ||||||
17 | deductions taken in all taxable
years under | ||||||
18 | subparagraph (Z) with respect to that property.
| ||||||
19 | If the taxpayer continues to own property through | ||||||
20 | the last day of the last tax year for which the | ||||||
21 | taxpayer may claim a depreciation deduction for | ||||||
22 | federal income tax purposes and for which the taxpayer | ||||||
23 | was allowed in any taxable year to make a subtraction | ||||||
24 | modification under subparagraph (Z), then an amount | ||||||
25 | equal to that subtraction modification.
| ||||||
26 | The taxpayer is required to make the addition |
| |||||||
| |||||||
1 | modification under this
subparagraph
only once with | ||||||
2 | respect to any one piece of property;
| ||||||
3 | (D-17) For taxable years ending on or after | ||||||
4 | December 31, 2004, an amount equal to the amount | ||||||
5 | otherwise allowed as a deduction in computing base | ||||||
6 | income for interest paid, accrued, or incurred, | ||||||
7 | directly or indirectly, to a foreign person who would | ||||||
8 | be a member of the same unitary business group but for | ||||||
9 | the fact that foreign person's business activity | ||||||
10 | outside the United States is 80% or more of the foreign | ||||||
11 | person's total business activity. The addition | ||||||
12 | modification required by this subparagraph shall be | ||||||
13 | reduced to the extent that dividends were included in | ||||||
14 | base income of the unitary group for the same taxable | ||||||
15 | year and received by the taxpayer or by a member of the | ||||||
16 | taxpayer's unitary business group (including amounts | ||||||
17 | included in gross income under Sections 951 through 964 | ||||||
18 | of the Internal Revenue Code and amounts included in | ||||||
19 | gross income under Section 78 of the Internal Revenue | ||||||
20 | Code) with respect to the stock of the same person to | ||||||
21 | whom the interest was paid, accrued, or incurred. | ||||||
22 | This paragraph shall not apply to the following:
| ||||||
23 | (i) an item of interest paid, accrued, or | ||||||
24 | incurred, directly or indirectly, to a foreign | ||||||
25 | person who is subject in a foreign country or | ||||||
26 | state, other than a state which requires mandatory |
| |||||||
| |||||||
1 | unitary reporting, to a tax on or measured by net | ||||||
2 | income with respect to such interest; or | ||||||
3 | (ii) an item of interest paid, accrued, or | ||||||
4 | incurred, directly or indirectly, to a foreign | ||||||
5 | person if the taxpayer can establish, based on a | ||||||
6 | preponderance of the evidence, both of the | ||||||
7 | following: | ||||||
8 | (a) the foreign person, during the same | ||||||
9 | taxable year, paid, accrued, or incurred, the | ||||||
10 | interest to a person that is not a related | ||||||
11 | member, and | ||||||
12 | (b) the transaction giving rise to the | ||||||
13 | interest expense between the taxpayer and the | ||||||
14 | foreign person did not have as a principal | ||||||
15 | purpose the avoidance of Illinois income tax, | ||||||
16 | and is paid pursuant to a contract or agreement | ||||||
17 | that reflects an arm's-length interest rate | ||||||
18 | and terms; or
| ||||||
19 | (iii) the taxpayer can establish, based on | ||||||
20 | clear and convincing evidence, that the interest | ||||||
21 | paid, accrued, or incurred relates to a contract or | ||||||
22 | agreement entered into at arm's-length rates and | ||||||
23 | terms and the principal purpose for the payment is | ||||||
24 | not federal or Illinois tax avoidance; or
| ||||||
25 | (iv) an item of interest paid, accrued, or | ||||||
26 | incurred, directly or indirectly, to a foreign |
| |||||||
| |||||||
1 | person if the taxpayer establishes by clear and | ||||||
2 | convincing evidence that the adjustments are | ||||||
3 | unreasonable; or if the taxpayer and the Director | ||||||
4 | agree in writing to the application or use of an | ||||||
5 | alternative method of apportionment under Section | ||||||
6 | 304(f).
| ||||||
7 | Nothing in this subsection shall preclude the | ||||||
8 | Director from making any other adjustment | ||||||
9 | otherwise allowed under Section 404 of this Act for | ||||||
10 | any tax year beginning after the effective date of | ||||||
11 | this amendment provided such adjustment is made | ||||||
12 | pursuant to regulation adopted by the Department | ||||||
13 | and such regulations provide methods and standards | ||||||
14 | by which the Department will utilize its authority | ||||||
15 | under Section 404 of this Act;
| ||||||
16 | (D-18) For taxable years ending on or after | ||||||
17 | December 31, 2004, an amount equal to the amount of | ||||||
18 | intangible expenses and costs otherwise allowed as a | ||||||
19 | deduction in computing base income, and that were paid, | ||||||
20 | accrued, or incurred, directly or indirectly, to a | ||||||
21 | foreign person who would be a member of the same | ||||||
22 | unitary business group but for the fact that the | ||||||
23 | foreign person's business activity outside the United | ||||||
24 | States is 80% or more of that person's total business | ||||||
25 | activity. The addition modification required by this | ||||||
26 | subparagraph shall be reduced to the extent that |
| |||||||
| |||||||
1 | dividends were included in base income of the unitary | ||||||
2 | group for the same taxable year and received by the | ||||||
3 | taxpayer or by a member of the taxpayer's unitary | ||||||
4 | business group (including amounts included in gross | ||||||
5 | income under Sections 951 through 964 of the Internal | ||||||
6 | Revenue Code and amounts included in gross income under | ||||||
7 | Section 78 of the Internal Revenue Code) with respect | ||||||
8 | to the stock of the same person to whom the intangible | ||||||
9 | expenses and costs were directly or indirectly paid, | ||||||
10 | incurred, or accrued. The preceding sentence does not | ||||||
11 | apply to the extent that the same dividends caused a | ||||||
12 | reduction to the addition modification required under | ||||||
13 | Section 203(a)(2)(D-17) of this Act. As used in this | ||||||
14 | subparagraph, the term "intangible expenses and costs" | ||||||
15 | includes (1) expenses, losses, and costs for, or | ||||||
16 | related to, the direct or indirect acquisition, use, | ||||||
17 | maintenance or management, ownership, sale, exchange, | ||||||
18 | or any other disposition of intangible property; (2) | ||||||
19 | losses incurred, directly or indirectly, from | ||||||
20 | factoring transactions or discounting transactions; | ||||||
21 | (3) royalty, patent, technical, and copyright fees; | ||||||
22 | (4) licensing fees; and (5) other similar expenses and | ||||||
23 | costs.
For purposes of this subparagraph, "intangible | ||||||
24 | property" includes patents, patent applications, trade | ||||||
25 | names, trademarks, service marks, copyrights, mask | ||||||
26 | works, trade secrets, and similar types of intangible |
| |||||||
| |||||||
1 | assets. | ||||||
2 | This paragraph shall not apply to the following: | ||||||
3 | (i) any item of intangible expenses or costs | ||||||
4 | paid, accrued, or incurred, directly or | ||||||
5 | indirectly, from a transaction with a foreign | ||||||
6 | person who is subject in a foreign country or | ||||||
7 | state, other than a state which requires mandatory | ||||||
8 | unitary reporting, to a tax on or measured by net | ||||||
9 | income with respect to such item; or | ||||||
10 | (ii) any item of intangible expense or cost | ||||||
11 | paid, accrued, or incurred, directly or | ||||||
12 | indirectly, if the taxpayer can establish, based | ||||||
13 | on a preponderance of the evidence, both of the | ||||||
14 | following: | ||||||
15 | (a) the foreign person during the same | ||||||
16 | taxable year paid, accrued, or incurred, the | ||||||
17 | intangible expense or cost to a person that is | ||||||
18 | not a related member, and | ||||||
19 | (b) the transaction giving rise to the | ||||||
20 | intangible expense or cost between the | ||||||
21 | taxpayer and the foreign person did not have as | ||||||
22 | a principal purpose the avoidance of Illinois | ||||||
23 | income tax, and is paid pursuant to a contract | ||||||
24 | or agreement that reflects arm's-length terms; | ||||||
25 | or | ||||||
26 | (iii) any item of intangible expense or cost |
| |||||||
| |||||||
1 | paid, accrued, or incurred, directly or | ||||||
2 | indirectly, from a transaction with a foreign | ||||||
3 | person if the taxpayer establishes by clear and | ||||||
4 | convincing evidence, that the adjustments are | ||||||
5 | unreasonable; or if the taxpayer and the Director | ||||||
6 | agree in writing to the application or use of an | ||||||
7 | alternative method of apportionment under Section | ||||||
8 | 304(f);
| ||||||
9 | Nothing in this subsection shall preclude the | ||||||
10 | Director from making any other adjustment | ||||||
11 | otherwise allowed under Section 404 of this Act for | ||||||
12 | any tax year beginning after the effective date of | ||||||
13 | this amendment provided such adjustment is made | ||||||
14 | pursuant to regulation adopted by the Department | ||||||
15 | and such regulations provide methods and standards | ||||||
16 | by which the Department will utilize its authority | ||||||
17 | under Section 404 of this Act;
| ||||||
18 | (D-20) For taxable years beginning on or after | ||||||
19 | January 1,
2002, in
the
case of a distribution from a | ||||||
20 | qualified tuition program under Section 529 of
the | ||||||
21 | Internal Revenue Code, other than (i) a distribution | ||||||
22 | from a College Savings
Pool created under Section 16.5 | ||||||
23 | of the State Treasurer Act or (ii) a
distribution from | ||||||
24 | the Illinois Prepaid Tuition Trust Fund, an amount | ||||||
25 | equal to
the amount excluded from gross income under | ||||||
26 | Section 529(c)(3)(B);
|
| |||||||
| |||||||
1 | and by deducting from the total so obtained the
sum of the | ||||||
2 | following amounts:
| ||||||
3 | (E) For taxable years ending before December 31, | ||||||
4 | 2001,
any amount included in such total in respect of | ||||||
5 | any compensation
(including but not limited to any | ||||||
6 | compensation paid or accrued to a
serviceman while a | ||||||
7 | prisoner of war or missing in action) paid to a | ||||||
8 | resident
by reason of being on active duty in the Armed | ||||||
9 | Forces of the United States
and in respect of any | ||||||
10 | compensation paid or accrued to a resident who as a
| ||||||
11 | governmental employee was a prisoner of war or missing | ||||||
12 | in action, and in
respect of any compensation paid to a | ||||||
13 | resident in 1971 or thereafter for
annual training | ||||||
14 | performed pursuant to Sections 502 and 503, Title 32,
| ||||||
15 | United States Code as a member of the Illinois National | ||||||
16 | Guard.
For taxable years ending on or after December | ||||||
17 | 31, 2001, any amount included in
such total in respect | ||||||
18 | of any compensation (including but not limited to any
| ||||||
19 | compensation paid or accrued to a serviceman while a | ||||||
20 | prisoner of war or missing
in action) paid to a | ||||||
21 | resident by reason of being a member of any component | ||||||
22 | of
the Armed Forces of the United States and in respect | ||||||
23 | of any compensation paid
or accrued to a resident who | ||||||
24 | as a governmental employee was a prisoner of war
or | ||||||
25 | missing in action, and in respect of any compensation | ||||||
26 | paid to a resident in
2001 or thereafter by reason of |
| |||||||
| |||||||
1 | being a member of the Illinois National Guard.
The | ||||||
2 | provisions of this amendatory Act of the 92nd General | ||||||
3 | Assembly are exempt
from the provisions of Section 250;
| ||||||
4 | (F) An amount equal to all amounts included in such | ||||||
5 | total pursuant
to the provisions of Sections 402(a), | ||||||
6 | 402(c), 403(a), 403(b), 406(a), 407(a),
and 408 of the | ||||||
7 | Internal Revenue Code, or included in such total as
| ||||||
8 | distributions under the provisions of any retirement | ||||||
9 | or disability plan for
employees of any governmental | ||||||
10 | agency or unit, or retirement payments to
retired | ||||||
11 | partners, which payments are excluded in computing net | ||||||
12 | earnings
from self employment by Section 1402 of the | ||||||
13 | Internal Revenue Code and
regulations adopted pursuant | ||||||
14 | thereto;
| ||||||
15 | (G) The valuation limitation amount;
| ||||||
16 | (H) An amount equal to the amount of any tax | ||||||
17 | imposed by this Act
which was refunded to the taxpayer | ||||||
18 | and included in such total for the
taxable year;
| ||||||
19 | (I) An amount equal to all amounts included in such | ||||||
20 | total pursuant
to the provisions of Section 111 of the | ||||||
21 | Internal Revenue Code as a
recovery of items previously | ||||||
22 | deducted from adjusted gross income in the
computation | ||||||
23 | of taxable income;
| ||||||
24 | (J) An amount equal to those dividends included in | ||||||
25 | such total which were
paid by a corporation which | ||||||
26 | conducts business operations in an Enterprise
Zone or |
| |||||||
| |||||||
1 | zones created under the Illinois Enterprise Zone Act or | ||||||
2 | a River Edge Redevelopment Zone or zones created under | ||||||
3 | the River Edge Redevelopment Zone Act, and conducts
| ||||||
4 | substantially all of its operations in an Enterprise | ||||||
5 | Zone or zones or a River Edge Redevelopment Zone or | ||||||
6 | zones. This subparagraph (J) is exempt from the | ||||||
7 | provisions of Section 250;
| ||||||
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 |
| |||||||
| |||||||
1 | expenses allocable
to interest and disallowed as | ||||||
2 | deductions by Section 265(1) of the Internal
Revenue | ||||||
3 | Code of 1954, as now or hereafter amended;
and (ii) for | ||||||
4 | taxable years
ending on or after August 13, 1999, | ||||||
5 | Sections 171(a)(2), 265,
280C, and 832(b)(5)(B)(i) of | ||||||
6 | the Internal Revenue Code; the provisions of this
| ||||||
7 | subparagraph are exempt from the provisions of Section | ||||||
8 | 250;
| ||||||
9 | (N) An amount equal to all amounts included in such | ||||||
10 | total which are
exempt from taxation by this State | ||||||
11 | either by reason of its statutes or
Constitution
or by | ||||||
12 | reason of the Constitution, treaties or statutes of the | ||||||
13 | United States;
provided that, in the case of any | ||||||
14 | statute of this State that exempts income
derived from | ||||||
15 | bonds or other obligations from the tax imposed under | ||||||
16 | this Act,
the amount exempted shall be the interest net | ||||||
17 | of bond premium amortization;
| ||||||
18 | (O) An amount equal to any contribution made to a | ||||||
19 | job training
project established pursuant to the Tax | ||||||
20 | Increment Allocation Redevelopment Act;
| ||||||
21 | (P) An amount equal to the amount of the deduction | ||||||
22 | used to compute the
federal income tax credit for | ||||||
23 | restoration of substantial amounts held under
claim of | ||||||
24 | right for the taxable year pursuant to Section 1341 of | ||||||
25 | the
Internal Revenue Code of 1986;
| ||||||
26 | (Q) An amount equal to any amounts included in such |
| |||||||
| |||||||
1 | total, received by
the taxpayer as an acceleration in | ||||||
2 | the payment of life, endowment or annuity
benefits in | ||||||
3 | advance of the time they would otherwise be payable as | ||||||
4 | an indemnity
for a terminal illness;
| ||||||
5 | (R) An amount equal to the amount of any federal or | ||||||
6 | State bonus paid
to veterans of the Persian Gulf War;
| ||||||
7 | (S) An amount, to the extent included in adjusted | ||||||
8 | gross income, equal
to the amount of a contribution | ||||||
9 | made in the taxable year on behalf of the
taxpayer to a | ||||||
10 | medical care savings account established under the | ||||||
11 | Medical Care
Savings Account Act or the Medical Care | ||||||
12 | Savings Account Act of 2000 to the
extent the | ||||||
13 | contribution is accepted by the account
administrator | ||||||
14 | as provided in that Act;
| ||||||
15 | (T) An amount, to the extent included in adjusted | ||||||
16 | gross income, equal to
the amount of interest earned in | ||||||
17 | the taxable year on a medical care savings
account | ||||||
18 | established under the Medical Care Savings Account Act | ||||||
19 | or the Medical
Care Savings Account Act of 2000 on | ||||||
20 | behalf of the
taxpayer, other than interest added | ||||||
21 | pursuant to item (D-5) of this paragraph
(2);
| ||||||
22 | (U) For one taxable year beginning on or after | ||||||
23 | January 1,
1994, an
amount equal to the total amount of | ||||||
24 | tax imposed and paid under subsections (a)
and (b) of | ||||||
25 | Section 201 of this Act on grant amounts received by | ||||||
26 | the taxpayer
under the Nursing Home Grant Assistance |
| |||||||
| |||||||
1 | Act during the taxpayer's taxable years
1992 and 1993;
| ||||||
2 | (V) Beginning with tax years ending on or after | ||||||
3 | December 31, 1995 and
ending with tax years ending on | ||||||
4 | or before December 31, 2004, an amount equal to
the | ||||||
5 | amount paid by a taxpayer who is a
self-employed | ||||||
6 | taxpayer, a partner of a partnership, or a
shareholder | ||||||
7 | in a Subchapter S corporation for health insurance or | ||||||
8 | long-term
care insurance for that taxpayer or that | ||||||
9 | taxpayer's spouse or dependents, to
the extent that the | ||||||
10 | amount paid for that health insurance or long-term care
| ||||||
11 | insurance may be deducted under Section 213 of the | ||||||
12 | Internal Revenue Code of
1986, has not been deducted on | ||||||
13 | the federal income tax return of the taxpayer,
and does | ||||||
14 | not exceed the taxable income attributable to that | ||||||
15 | taxpayer's income,
self-employment income, or | ||||||
16 | Subchapter S corporation income; except that no
| ||||||
17 | deduction shall be allowed under this item (V) if the | ||||||
18 | taxpayer is eligible to
participate in any health | ||||||
19 | insurance or long-term care insurance plan of an
| ||||||
20 | employer of the taxpayer or the taxpayer's
spouse. The | ||||||
21 | amount of the health insurance and long-term care | ||||||
22 | insurance
subtracted under this item (V) shall be | ||||||
23 | determined by multiplying total
health insurance and | ||||||
24 | long-term care insurance premiums paid by the taxpayer
| ||||||
25 | times a number that represents the fractional | ||||||
26 | percentage of eligible medical
expenses under Section |
| |||||||
| |||||||
1 | 213 of the Internal Revenue Code of 1986 not actually
| ||||||
2 | deducted on the taxpayer's federal income tax return;
| ||||||
3 | (W) For taxable years beginning on or after January | ||||||
4 | 1, 1998,
all amounts included in the taxpayer's federal | ||||||
5 | gross income
in the taxable year from amounts converted | ||||||
6 | from a regular IRA to a Roth IRA.
This paragraph is | ||||||
7 | exempt from the provisions of Section
250;
| ||||||
8 | (X) For taxable year 1999 and thereafter, an amount | ||||||
9 | equal to the
amount of any (i) distributions, to the | ||||||
10 | extent includible in gross income for
federal income | ||||||
11 | tax purposes, made to the taxpayer because of his or | ||||||
12 | her status
as a victim of persecution for racial or | ||||||
13 | religious reasons by Nazi Germany or
any other Axis | ||||||
14 | regime or as an heir of the victim and (ii) items
of | ||||||
15 | income, to the extent
includible in gross income for | ||||||
16 | federal income tax purposes, attributable to,
derived | ||||||
17 | from or in any way related to assets stolen from, | ||||||
18 | hidden from, or
otherwise lost to a victim of
| ||||||
19 | persecution for racial or religious reasons by Nazi | ||||||
20 | Germany or any other Axis
regime immediately prior to, | ||||||
21 | during, and immediately after World War II,
including, | ||||||
22 | but
not limited to, interest on the proceeds receivable | ||||||
23 | as insurance
under policies issued to a victim of | ||||||
24 | persecution for racial or religious
reasons
by Nazi | ||||||
25 | Germany or any other Axis regime by European insurance | ||||||
26 | companies
immediately prior to and during World War II;
|
| |||||||
| |||||||
1 | provided, however, this subtraction from federal | ||||||
2 | adjusted gross income does not
apply to assets acquired | ||||||
3 | with such assets or with the proceeds from the sale of
| ||||||
4 | such assets; provided, further, this paragraph shall | ||||||
5 | only apply to a taxpayer
who was the first recipient of | ||||||
6 | such assets after their recovery and who is a
victim of | ||||||
7 | persecution for racial or religious reasons
by Nazi | ||||||
8 | Germany or any other Axis regime or as an heir of the | ||||||
9 | victim. The
amount of and the eligibility for any | ||||||
10 | public assistance, benefit, or
similar entitlement is | ||||||
11 | not affected by the inclusion of items (i) and (ii) of
| ||||||
12 | this paragraph in gross income for federal income tax | ||||||
13 | purposes.
This paragraph is exempt from the provisions | ||||||
14 | of Section 250;
| ||||||
15 | (Y) For taxable years beginning on or after January | ||||||
16 | 1, 2002
and ending
on or before December 31, 2004, | ||||||
17 | moneys contributed in the taxable year to a College | ||||||
18 | Savings Pool account under
Section 16.5 of the State | ||||||
19 | Treasurer Act, except that amounts excluded from
gross | ||||||
20 | income under Section 529(c)(3)(C)(i) of the Internal | ||||||
21 | Revenue Code
shall not be considered moneys | ||||||
22 | contributed under this subparagraph (Y). For taxable | ||||||
23 | years beginning on or after January 1, 2005, a maximum | ||||||
24 | of $10,000
contributed
in the
taxable year to (i) a | ||||||
25 | College Savings Pool account under Section 16.5 of the
| ||||||
26 | State
Treasurer Act or (ii) the Illinois Prepaid |
| |||||||
| |||||||
1 | Tuition Trust Fund,
except that
amounts excluded from | ||||||
2 | gross income under Section 529(c)(3)(C)(i) of the
| ||||||
3 | Internal
Revenue Code shall not be considered moneys | ||||||
4 | contributed under this subparagraph
(Y). This
| ||||||
5 | subparagraph (Y) is exempt from the provisions of | ||||||
6 | Section 250;
| ||||||
7 | (Z) For taxable years 2001 and thereafter, for the | ||||||
8 | taxable year in
which the bonus depreciation deduction
| ||||||
9 | is taken on the taxpayer's federal income tax return | ||||||
10 | under
subsection (k) of Section 168 of the Internal | ||||||
11 | Revenue Code and for each
applicable taxable year | ||||||
12 | thereafter, an amount equal to "x", where:
| ||||||
13 | (1) "y" equals the amount of the depreciation | ||||||
14 | deduction taken for the
taxable year
on the | ||||||
15 | taxpayer's federal income tax return on property | ||||||
16 | for which the bonus
depreciation deduction
was | ||||||
17 | taken in any year under subsection (k) of Section | ||||||
18 | 168 of the Internal
Revenue Code, but not including | ||||||
19 | the bonus depreciation deduction;
| ||||||
20 | (2) for taxable years ending on or before | ||||||
21 | December 31, 2005, "x" equals "y" multiplied by 30 | ||||||
22 | and then divided by 70 (or "y"
multiplied by | ||||||
23 | 0.429); and | ||||||
24 | (3) for taxable years ending after December | ||||||
25 | 31, 2005: | ||||||
26 | (i) for property on which a bonus |
| |||||||
| |||||||
1 | depreciation deduction of 30% of the adjusted | ||||||
2 | basis was taken, "x" equals "y" multiplied by | ||||||
3 | 30 and then divided by 70 (or "y"
multiplied by | ||||||
4 | 0.429); and | ||||||
5 | (ii) for property on which a bonus | ||||||
6 | depreciation deduction of 50% of the adjusted | ||||||
7 | basis was taken, "x" equals "y" multiplied by | ||||||
8 | 1.0.
| ||||||
9 | The aggregate amount deducted under this | ||||||
10 | subparagraph in all taxable
years for any one piece of | ||||||
11 | property may not exceed the amount of the bonus
| ||||||
12 | depreciation deduction
taken on that property on the | ||||||
13 | taxpayer's federal income tax return under
subsection | ||||||
14 | (k) of Section 168 of the Internal Revenue Code. This | ||||||
15 | subparagraph (Z) is exempt from the provisions of | ||||||
16 | Section 250;
| ||||||
17 | (AA) If the taxpayer sells, transfers, abandons, | ||||||
18 | or otherwise disposes of
property for which the | ||||||
19 | taxpayer was required in any taxable year to make an
| ||||||
20 | addition modification under subparagraph (D-15), then | ||||||
21 | an amount equal to that
addition modification.
| ||||||
22 | If the taxpayer continues to own property through | ||||||
23 | the last day of the last tax year for which the | ||||||
24 | taxpayer may claim a depreciation deduction for | ||||||
25 | federal income tax purposes and for which the taxpayer | ||||||
26 | was required in any taxable year to make an addition |
| |||||||
| |||||||
1 | modification under subparagraph (D-15), then an amount | ||||||
2 | equal to that addition modification.
| ||||||
3 | The taxpayer is allowed to take the deduction under | ||||||
4 | this subparagraph
only once with respect to any one | ||||||
5 | piece of property. | ||||||
6 | This subparagraph (AA) is exempt from the | ||||||
7 | provisions of Section 250;
| ||||||
8 | (BB) Any amount included in adjusted gross income, | ||||||
9 | other
than
salary,
received by a driver in a | ||||||
10 | ridesharing arrangement using a motor vehicle;
| ||||||
11 | (CC) The amount of (i) any interest income (net of | ||||||
12 | the deductions allocable thereto) taken into account | ||||||
13 | for the taxable year with respect to a transaction with | ||||||
14 | a taxpayer that is required to make an addition | ||||||
15 | modification with respect to such transaction under | ||||||
16 | Section 203(a)(2)(D-17), 203(b)(2)(E-12), | ||||||
17 | 203(c)(2)(G-12), or 203(d)(2)(D-7), but not to exceed | ||||||
18 | the amount of that addition modification, and
(ii) any | ||||||
19 | income from intangible property (net of the deductions | ||||||
20 | allocable thereto) taken into account for the taxable | ||||||
21 | year with respect to a transaction with a taxpayer that | ||||||
22 | is required to make an addition modification with | ||||||
23 | respect to such transaction under Section | ||||||
24 | 203(a)(2)(D-18), 203(b)(2)(E-13), 203(c)(2)(G-13), or | ||||||
25 | 203(d)(2)(D-8), but not to exceed the amount of that | ||||||
26 | addition modification; |
| |||||||
| |||||||
1 | (DD) An amount equal to the interest income taken | ||||||
2 | into account for the taxable year (net of the | ||||||
3 | deductions allocable thereto) with respect to | ||||||
4 | transactions with a foreign person who would be a | ||||||
5 | member of the taxpayer's unitary business group but for | ||||||
6 | the fact that the foreign person's business activity | ||||||
7 | outside the United States is 80% or more of that | ||||||
8 | person's total business activity, but not to exceed the | ||||||
9 | addition modification required to be made for the same | ||||||
10 | taxable year under Section 203(a)(2)(D-17) for | ||||||
11 | interest paid, accrued, or incurred, directly or | ||||||
12 | indirectly, to the same foreign person; and | ||||||
13 | (EE) An amount equal to the income from intangible | ||||||
14 | property taken into account for the taxable year (net | ||||||
15 | of the deductions allocable thereto) with respect to | ||||||
16 | transactions with a foreign person who would be a | ||||||
17 | member of the taxpayer's unitary business group but for | ||||||
18 | the fact that the foreign person's business activity | ||||||
19 | outside the United States is 80% or more of that | ||||||
20 | person's total business activity, but not to exceed the | ||||||
21 | addition modification required to be made for the same | ||||||
22 | taxable year under Section 203(a)(2)(D-18) for | ||||||
23 | intangible expenses and costs paid, accrued, or | ||||||
24 | incurred, directly or indirectly, to the same foreign | ||||||
25 | person.
|
| |||||||
| |||||||
1 | (b) Corporations.
| ||||||
2 | (1) In general. In the case of a corporation, base | ||||||
3 | income means an
amount equal to the taxpayer's taxable | ||||||
4 | income for the taxable year as
modified by paragraph (2).
| ||||||
5 | (2) Modifications. The taxable income referred to in | ||||||
6 | paragraph (1)
shall be modified by adding thereto the sum | ||||||
7 | of the following amounts:
| ||||||
8 | (A) An amount equal to all amounts paid or accrued | ||||||
9 | to the taxpayer
as interest and all distributions | ||||||
10 | received from regulated investment
companies during | ||||||
11 | the taxable year to the extent excluded from gross
| ||||||
12 | income in the computation of taxable income;
| ||||||
13 | (B) An amount equal to the amount of tax imposed by | ||||||
14 | this Act to the
extent deducted from gross income in | ||||||
15 | the computation of taxable income
for the taxable year;
| ||||||
16 | (C) In the case of a regulated investment company, | ||||||
17 | an amount equal to
the excess of (i) the net long-term | ||||||
18 | capital gain for the taxable year, over
(ii) the amount | ||||||
19 | of the capital gain dividends designated as such in | ||||||
20 | accordance
with Section 852(b)(3)(C) of the Internal | ||||||
21 | Revenue Code and any amount
designated under Section | ||||||
22 | 852(b)(3)(D) of the Internal Revenue Code,
| ||||||
23 | attributable to the taxable year (this amendatory Act | ||||||
24 | of 1995
(Public Act 89-89) is declarative of existing | ||||||
25 | law and is not a new
enactment);
| ||||||
26 | (D) The amount of any net operating loss deduction |
| |||||||
| |||||||
1 | taken in arriving
at taxable income, other than a net | ||||||
2 | operating loss carried forward from a
taxable year | ||||||
3 | ending prior to December 31, 1986;
| ||||||
4 | (E) For taxable years in which a net operating loss | ||||||
5 | carryback or
carryforward from a taxable year ending | ||||||
6 | prior to December 31, 1986 is an
element of taxable | ||||||
7 | income under paragraph (1) of subsection (e) or
| ||||||
8 | subparagraph (E) of paragraph (2) of subsection (e), | ||||||
9 | the amount by which
addition modifications other than | ||||||
10 | those provided by this subparagraph (E)
exceeded | ||||||
11 | subtraction modifications in such earlier taxable | ||||||
12 | year, with the
following limitations applied in the | ||||||
13 | order that they are listed:
| ||||||
14 | (i) the addition modification relating to the | ||||||
15 | net operating loss
carried back or forward to the | ||||||
16 | taxable year from any taxable year ending
prior to | ||||||
17 | December 31, 1986 shall be reduced by the amount of | ||||||
18 | addition
modification under this subparagraph (E) | ||||||
19 | which related to that net operating
loss and which | ||||||
20 | was taken into account in calculating the base | ||||||
21 | income of an
earlier taxable year, and
| ||||||
22 | (ii) the addition modification relating to the | ||||||
23 | net operating loss
carried back or forward to the | ||||||
24 | taxable year from any taxable year ending
prior to | ||||||
25 | December 31, 1986 shall not exceed the amount of | ||||||
26 | such carryback or
carryforward;
|
| |||||||
| |||||||
1 | For taxable years in which there is a net operating | ||||||
2 | loss carryback or
carryforward from more than one other | ||||||
3 | taxable year ending prior to December
31, 1986, the | ||||||
4 | addition modification provided in this subparagraph | ||||||
5 | (E) shall
be the sum of the amounts computed | ||||||
6 | independently under the preceding
provisions of this | ||||||
7 | subparagraph (E) for each such taxable year;
| ||||||
8 | (E-5) For taxable years ending after December 31, | ||||||
9 | 1997, an
amount equal to any eligible remediation costs | ||||||
10 | that the corporation
deducted in computing adjusted | ||||||
11 | gross income and for which the
corporation claims a | ||||||
12 | credit under subsection (l) of Section 201;
| ||||||
13 | (E-10) For taxable years 2001 and thereafter, an | ||||||
14 | amount equal to the
bonus depreciation deduction taken | ||||||
15 | on the taxpayer's federal income tax return for the | ||||||
16 | taxable
year under subsection (k) of Section 168 of the | ||||||
17 | Internal Revenue Code; and
| ||||||
18 | (E-11) If the taxpayer sells, transfers, abandons, | ||||||
19 | or otherwise disposes of property for which the | ||||||
20 | taxpayer was required in any taxable year to
make an | ||||||
21 | addition modification under subparagraph (E-10), then | ||||||
22 | an amount equal
to the aggregate amount of the | ||||||
23 | deductions taken in all taxable
years under | ||||||
24 | subparagraph (T) with respect to that property.
| ||||||
25 | If the taxpayer continues to own property through | ||||||
26 | the last day of the last tax year for which the |
| |||||||
| |||||||
1 | taxpayer may claim a depreciation deduction for | ||||||
2 | federal income tax purposes and for which the taxpayer | ||||||
3 | was allowed in any taxable year to make a subtraction | ||||||
4 | modification under subparagraph (T), then an amount | ||||||
5 | equal to that subtraction modification.
| ||||||
6 | The taxpayer is required to make the addition | ||||||
7 | modification under this
subparagraph
only once with | ||||||
8 | respect to any one piece of property;
| ||||||
9 | (E-12) For taxable years ending on or after | ||||||
10 | December 31, 2004, an amount equal to the amount | ||||||
11 | otherwise allowed as a deduction in computing base | ||||||
12 | income for interest paid, accrued, or incurred, | ||||||
13 | directly or indirectly, to a foreign person who would | ||||||
14 | be a member of the same unitary business group but for | ||||||
15 | the fact the foreign person's business activity | ||||||
16 | outside the United States is 80% or more of the foreign | ||||||
17 | person's total business activity. The addition | ||||||
18 | modification required by this subparagraph shall be | ||||||
19 | reduced to the extent that dividends were included in | ||||||
20 | base income of the unitary group for the same taxable | ||||||
21 | year and received by the taxpayer or by a member of the | ||||||
22 | taxpayer's unitary business group (including amounts | ||||||
23 | included in gross income pursuant to Sections 951 | ||||||
24 | through 964 of the Internal Revenue Code and amounts | ||||||
25 | included in gross income under Section 78 of the | ||||||
26 | Internal Revenue Code) with respect to the stock of the |
| |||||||
| |||||||
1 | same person to whom the interest was paid, accrued, or | ||||||
2 | incurred.
| ||||||
3 | This paragraph shall not apply to the following:
| ||||||
4 | (i) an item of interest paid, accrued, or | ||||||
5 | incurred, directly or indirectly, to a foreign | ||||||
6 | person who is subject in a foreign country or | ||||||
7 | state, other than a state which requires mandatory | ||||||
8 | unitary reporting, to a tax on or measured by net | ||||||
9 | income with respect to such interest; or | ||||||
10 | (ii) an item of interest paid, accrued, or | ||||||
11 | incurred, directly or indirectly, to a foreign | ||||||
12 | person if the taxpayer can establish, based on a | ||||||
13 | preponderance of the evidence, both of the | ||||||
14 | following: | ||||||
15 | (a) the foreign person, during the same | ||||||
16 | taxable year, paid, accrued, or incurred, the | ||||||
17 | interest to a person that is not a related | ||||||
18 | member, and | ||||||
19 | (b) the transaction giving rise to the | ||||||
20 | interest expense between the taxpayer and the | ||||||
21 | foreign person did not have as a principal | ||||||
22 | purpose the avoidance of Illinois income tax, | ||||||
23 | and is paid pursuant to a contract or agreement | ||||||
24 | that reflects an arm's-length interest rate | ||||||
25 | and terms; or
| ||||||
26 | (iii) the taxpayer can establish, based on |
| |||||||
| |||||||
1 | clear and convincing evidence, that the interest | ||||||
2 | paid, accrued, or incurred relates to a contract or | ||||||
3 | agreement entered into at arm's-length rates and | ||||||
4 | terms and the principal purpose for the payment is | ||||||
5 | not federal or Illinois tax avoidance; or
| ||||||
6 | (iv) an item of interest paid, accrued, or | ||||||
7 | incurred, directly or indirectly, to a foreign | ||||||
8 | person if the taxpayer establishes by clear and | ||||||
9 | convincing evidence that the adjustments are | ||||||
10 | unreasonable; or if the taxpayer and the Director | ||||||
11 | agree in writing to the application or use of an | ||||||
12 | alternative method of apportionment under Section | ||||||
13 | 304(f).
| ||||||
14 | Nothing in this subsection shall preclude the | ||||||
15 | Director from making any other adjustment | ||||||
16 | otherwise allowed under Section 404 of this Act for | ||||||
17 | any tax year beginning after the effective date of | ||||||
18 | this amendment provided such adjustment is made | ||||||
19 | pursuant to regulation adopted by the Department | ||||||
20 | and such regulations provide methods and standards | ||||||
21 | by which the Department will utilize its authority | ||||||
22 | under Section 404 of this Act;
| ||||||
23 | (E-13) For taxable years ending on or after | ||||||
24 | December 31, 2004, an amount equal to the amount of | ||||||
25 | intangible expenses and costs otherwise allowed as a | ||||||
26 | deduction in computing base income, and that were paid, |
| |||||||
| |||||||
1 | accrued, or incurred, directly or indirectly, to a | ||||||
2 | foreign person who would be a member of the same | ||||||
3 | unitary business group but for the fact that the | ||||||
4 | foreign person's business activity outside the United | ||||||
5 | States is 80% or more of that person's total business | ||||||
6 | activity. The addition modification required by this | ||||||
7 | subparagraph shall be reduced to the extent that | ||||||
8 | dividends were included in base income of the unitary | ||||||
9 | group for the same taxable year and received by the | ||||||
10 | taxpayer or by a member of the taxpayer's unitary | ||||||
11 | business group (including amounts included in gross | ||||||
12 | income pursuant to Sections 951 through 964 of the | ||||||
13 | Internal Revenue Code and amounts included in gross | ||||||
14 | income under Section 78 of the Internal Revenue Code) | ||||||
15 | with respect to the stock of the same person to whom | ||||||
16 | the intangible expenses and costs were directly or | ||||||
17 | indirectly paid, incurred, or accrued. The preceding | ||||||
18 | sentence shall not apply to the extent that the same | ||||||
19 | dividends caused a reduction to the addition | ||||||
20 | modification required under Section 203(b)(2)(E-12) of | ||||||
21 | this Act.
As used in this subparagraph, the term | ||||||
22 | "intangible expenses and costs" includes (1) expenses, | ||||||
23 | losses, and costs for, or related to, the direct or | ||||||
24 | indirect acquisition, use, maintenance or management, | ||||||
25 | ownership, sale, exchange, or any other disposition of | ||||||
26 | intangible property; (2) losses incurred, directly or |
| |||||||
| |||||||
1 | indirectly, from factoring transactions or discounting | ||||||
2 | transactions; (3) royalty, patent, technical, and | ||||||
3 | copyright fees; (4) licensing fees; and (5) other | ||||||
4 | similar expenses and costs.
For purposes of this | ||||||
5 | subparagraph, "intangible property" includes patents, | ||||||
6 | patent applications, trade names, trademarks, service | ||||||
7 | marks, copyrights, mask works, trade secrets, and | ||||||
8 | similar types of intangible assets. | ||||||
9 | This paragraph shall not apply to the following: | ||||||
10 | (i) any item of intangible expenses or costs | ||||||
11 | paid, accrued, or incurred, directly or | ||||||
12 | indirectly, from a transaction with a foreign | ||||||
13 | person who is subject in a foreign country or | ||||||
14 | state, other than a state which requires mandatory | ||||||
15 | unitary reporting, to a tax on or measured by net | ||||||
16 | income with respect to such item; or | ||||||
17 | (ii) any item of intangible expense or cost | ||||||
18 | paid, accrued, or incurred, directly or | ||||||
19 | indirectly, if the taxpayer can establish, based | ||||||
20 | on a preponderance of the evidence, both of the | ||||||
21 | following: | ||||||
22 | (a) the foreign person during the same | ||||||
23 | taxable year paid, accrued, or incurred, the | ||||||
24 | intangible expense or cost to a person that is | ||||||
25 | not a related member, and | ||||||
26 | (b) the transaction giving rise to the |
| |||||||
| |||||||
1 | intangible expense or cost between the | ||||||
2 | taxpayer and the foreign person did not have as | ||||||
3 | a principal purpose the avoidance of Illinois | ||||||
4 | income tax, and is paid pursuant to a contract | ||||||
5 | or agreement that reflects arm's-length terms; | ||||||
6 | or | ||||||
7 | (iii) any item of intangible expense or cost | ||||||
8 | paid, accrued, or incurred, directly or | ||||||
9 | indirectly, from a transaction with a foreign | ||||||
10 | person if the taxpayer establishes by clear and | ||||||
11 | convincing evidence, that the adjustments are | ||||||
12 | unreasonable; or if the taxpayer and the Director | ||||||
13 | agree in writing to the application or use of an | ||||||
14 | alternative method of apportionment under Section | ||||||
15 | 304(f);
| ||||||
16 | Nothing in this subsection shall preclude the | ||||||
17 | Director from making any other adjustment | ||||||
18 | otherwise allowed under Section 404 of this Act for | ||||||
19 | any tax year beginning after the effective date of | ||||||
20 | this amendment provided such adjustment is made | ||||||
21 | pursuant to regulation adopted by the Department | ||||||
22 | and such regulations provide methods and standards | ||||||
23 | by which the Department will utilize its authority | ||||||
24 | under Section 404 of this Act;
| ||||||
25 | and by deducting from the total so obtained the sum of the | ||||||
26 | following
amounts:
|
| |||||||
| |||||||
1 | (F) An amount equal to the amount of any tax | ||||||
2 | imposed by this Act
which was refunded to the taxpayer | ||||||
3 | and included in such total for the
taxable year;
| ||||||
4 | (G) An amount equal to any amount included in such | ||||||
5 | total under
Section 78 of the Internal Revenue Code;
| ||||||
6 | (H) In the case of a regulated investment company, | ||||||
7 | an amount equal
to the amount of exempt interest | ||||||
8 | dividends as defined in subsection (b)
(5) of Section | ||||||
9 | 852 of the Internal Revenue Code, paid to shareholders
| ||||||
10 | for the taxable year;
| ||||||
11 | (I) With the exception of any amounts subtracted | ||||||
12 | under subparagraph
(J),
an amount equal to the sum of | ||||||
13 | all amounts disallowed as
deductions by (i) Sections | ||||||
14 | 171(a) (2), and 265(a)(2) and amounts disallowed as
| ||||||
15 | interest expense by Section 291(a)(3) of the Internal | ||||||
16 | Revenue Code, as now
or hereafter amended, and all | ||||||
17 | amounts of expenses allocable to interest and
| ||||||
18 | disallowed as deductions by Section 265(a)(1) of the | ||||||
19 | Internal Revenue Code,
as now or hereafter amended;
and | ||||||
20 | (ii) for taxable years
ending on or after August 13, | ||||||
21 | 1999, Sections
171(a)(2), 265,
280C, 291(a)(3), and | ||||||
22 | 832(b)(5)(B)(i) of the Internal Revenue Code; the
| ||||||
23 | provisions of this
subparagraph are exempt from the | ||||||
24 | provisions of Section 250;
| ||||||
25 | (J) An amount equal to all amounts included in such | ||||||
26 | 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 | (K) An amount equal to those dividends included in | ||||||
9 | such total
which were paid by a corporation which | ||||||
10 | conducts
business operations in an Enterprise Zone or | ||||||
11 | zones created under
the Illinois Enterprise Zone Act or | ||||||
12 | a River Edge Redevelopment Zone or zones created under | ||||||
13 | the River Edge Redevelopment Zone Act and conducts | ||||||
14 | substantially all of its
operations in an Enterprise | ||||||
15 | Zone or zones or a River Edge Redevelopment Zone or | ||||||
16 | zones. This subparagraph (K) is exempt from the | ||||||
17 | provisions of Section 250;
| ||||||
18 | (L) An amount equal to those dividends included in | ||||||
19 | such total that
were paid by a corporation that | ||||||
20 | conducts business operations in a federally
designated | ||||||
21 | Foreign Trade Zone or Sub-Zone and that is designated a | ||||||
22 | High Impact
Business located in Illinois; provided | ||||||
23 | that dividends eligible for the
deduction provided in | ||||||
24 | subparagraph (K) of paragraph 2 of this subsection
| ||||||
25 | shall not be eligible for the deduction provided under | ||||||
26 | this subparagraph
(L);
|
| |||||||
| |||||||
1 | (M) For any taxpayer that is a financial | ||||||
2 | organization within the meaning
of Section 304(c) of | ||||||
3 | this Act, an amount included in such total as interest
| ||||||
4 | income from a loan or loans made by such taxpayer to a | ||||||
5 | borrower, to the extent
that such a loan is secured by | ||||||
6 | property which is eligible for the Enterprise
Zone | ||||||
7 | Investment Credit or the River Edge Redevelopment Zone | ||||||
8 | Investment Credit. To determine the portion of a loan | ||||||
9 | or loans that is
secured by property eligible for a | ||||||
10 | Section 201(f) investment
credit to the borrower, the | ||||||
11 | entire principal amount of the loan or loans
between | ||||||
12 | the taxpayer and the borrower should be divided into | ||||||
13 | the basis of the
Section 201(f) investment credit | ||||||
14 | property which secures the
loan or loans, using for | ||||||
15 | this purpose the original basis of such property on
the | ||||||
16 | date that it was placed in service in the
Enterprise | ||||||
17 | Zone or the River Edge Redevelopment Zone. The | ||||||
18 | subtraction modification available to taxpayer in any
| ||||||
19 | year under this subsection shall be that portion of the | ||||||
20 | total interest paid
by the borrower with respect to | ||||||
21 | such loan attributable to the eligible
property as | ||||||
22 | calculated under the previous sentence. This | ||||||
23 | subparagraph (M) is exempt from the provisions of | ||||||
24 | Section 250;
| ||||||
25 | (M-1) For any taxpayer that is a financial | ||||||
26 | organization within the
meaning of Section 304(c) of |
| |||||||
| |||||||
1 | this Act, an amount included in such total as
interest | ||||||
2 | income from a loan or loans made by such taxpayer to a | ||||||
3 | borrower,
to the extent that such a loan is secured by | ||||||
4 | property which is eligible for
the High Impact Business | ||||||
5 | Investment Credit. To determine the portion of a
loan | ||||||
6 | or loans that is secured by property eligible for a | ||||||
7 | Section 201(h) investment credit to the borrower, the | ||||||
8 | entire principal amount of
the loan or loans between | ||||||
9 | the taxpayer and the borrower should be divided into
| ||||||
10 | the basis of the Section 201(h) investment credit | ||||||
11 | property which
secures the loan or loans, using for | ||||||
12 | this purpose the original basis of such
property on the | ||||||
13 | date that it was placed in service in a federally | ||||||
14 | designated
Foreign Trade Zone or Sub-Zone located in | ||||||
15 | Illinois. No taxpayer that is
eligible for the | ||||||
16 | deduction provided in subparagraph (M) of paragraph | ||||||
17 | (2) of
this subsection shall be eligible for the | ||||||
18 | deduction provided under this
subparagraph (M-1). The | ||||||
19 | subtraction modification available to taxpayers in
any | ||||||
20 | year under this subsection shall be that portion of the | ||||||
21 | total interest
paid by the borrower with respect to | ||||||
22 | such loan attributable to the eligible
property as | ||||||
23 | calculated under the previous sentence;
| ||||||
24 | (N) Two times any contribution made during the | ||||||
25 | taxable year to a
designated zone organization to the | ||||||
26 | extent that the contribution (i)
qualifies as a |
| |||||||
| |||||||
1 | charitable contribution under subsection (c) of | ||||||
2 | Section 170
of the Internal Revenue Code and (ii) must, | ||||||
3 | by its terms, be used for a
project approved by the | ||||||
4 | Department of Commerce and Economic Opportunity under | ||||||
5 | Section 11 of the Illinois Enterprise Zone Act or under | ||||||
6 | Section 10-10 of the Illinois River Edge Redevelopment | ||||||
7 | Zone Act. This subparagraph (N) is exempt from the | ||||||
8 | provisions of Section 250;
| ||||||
9 | (O) An amount equal to: (i) 85% for taxable years | ||||||
10 | ending on or before
December 31, 1992, or, a percentage | ||||||
11 | equal to the percentage allowable under
Section | ||||||
12 | 243(a)(1) of the Internal Revenue Code of 1986 for | ||||||
13 | taxable years ending
after December 31, 1992, of the | ||||||
14 | amount by which dividends included in taxable
income | ||||||
15 | and received from a corporation that is not created or | ||||||
16 | organized under
the laws of the United States or any | ||||||
17 | state or political subdivision thereof,
including, for | ||||||
18 | taxable years ending on or after December 31, 1988, | ||||||
19 | dividends
received or deemed received or paid or deemed | ||||||
20 | paid under Sections 951 through
964 of the Internal | ||||||
21 | Revenue Code, exceed the amount of the modification
| ||||||
22 | provided under subparagraph (G) of paragraph (2) of | ||||||
23 | this subsection (b) which
is related to such dividends; | ||||||
24 | plus (ii) 100% of the amount by which dividends,
| ||||||
25 | included in taxable income and received, including, | ||||||
26 | for taxable years ending on
or after December 31, 1988, |
| |||||||
| |||||||
1 | dividends received or deemed received or paid or
deemed | ||||||
2 | paid under Sections 951 through 964 of the Internal | ||||||
3 | Revenue Code, from
any such corporation specified in | ||||||
4 | clause (i) that would but for the provisions
of Section | ||||||
5 | 1504 (b) (3) of the Internal Revenue Code be treated as | ||||||
6 | a member of
the affiliated group which includes the | ||||||
7 | dividend recipient, exceed the amount
of the | ||||||
8 | modification provided under subparagraph (G) of | ||||||
9 | paragraph (2) of this
subsection (b) which is related | ||||||
10 | to such dividends;
| ||||||
11 | (P) An amount equal to any contribution made to a | ||||||
12 | job training project
established pursuant to the Tax | ||||||
13 | Increment Allocation Redevelopment Act;
| ||||||
14 | (Q) An amount equal to the amount of the deduction | ||||||
15 | used to compute the
federal income tax credit for | ||||||
16 | restoration of substantial amounts held under
claim of | ||||||
17 | right for the taxable year pursuant to Section 1341 of | ||||||
18 | the
Internal Revenue Code of 1986;
| ||||||
19 | (R) On and after July 20, 1999, in the case of an | ||||||
20 | attorney-in-fact with respect to whom an
interinsurer | ||||||
21 | or a reciprocal insurer has made the election under | ||||||
22 | Section 835 of
the Internal Revenue Code, 26 U.S.C. | ||||||
23 | 835, an amount equal to the excess, if
any, of the | ||||||
24 | amounts paid or incurred by that interinsurer or | ||||||
25 | reciprocal insurer
in the taxable year to the | ||||||
26 | attorney-in-fact over the deduction allowed to that
|
| |||||||
| |||||||
1 | interinsurer or reciprocal insurer with respect to the | ||||||
2 | attorney-in-fact under
Section 835(b) of the Internal | ||||||
3 | Revenue Code for the taxable year; the provisions of | ||||||
4 | this subparagraph are exempt from the provisions of | ||||||
5 | Section 250;
| ||||||
6 | (S) For taxable years ending on or after December | ||||||
7 | 31, 1997, in the
case of a Subchapter
S corporation, an | ||||||
8 | amount equal to all amounts of income allocable to a
| ||||||
9 | shareholder subject to the Personal Property Tax | ||||||
10 | Replacement Income Tax imposed
by subsections (c) and | ||||||
11 | (d) of Section 201 of this Act, including amounts
| ||||||
12 | allocable to organizations exempt from federal income | ||||||
13 | tax by reason of Section
501(a) of the Internal Revenue | ||||||
14 | Code. This subparagraph (S) is exempt from
the | ||||||
15 | provisions of Section 250;
| ||||||
16 | (T) For taxable years 2001 and thereafter, for the | ||||||
17 | taxable year in
which the bonus depreciation deduction
| ||||||
18 | is taken on the taxpayer's federal income tax return | ||||||
19 | under
subsection (k) of Section 168 of the Internal | ||||||
20 | Revenue Code and for each
applicable taxable year | ||||||
21 | thereafter, an amount equal to "x", where:
| ||||||
22 | (1) "y" equals the amount of the depreciation | ||||||
23 | deduction taken for the
taxable year
on the | ||||||
24 | taxpayer's federal income tax return on property | ||||||
25 | for which the bonus
depreciation deduction
was | ||||||
26 | taken in any year under subsection (k) of Section |
| |||||||
| |||||||
1 | 168 of the Internal
Revenue Code, but not including | ||||||
2 | the bonus depreciation deduction;
| ||||||
3 | (2) for taxable years ending on or before | ||||||
4 | December 31, 2005, "x" equals "y" multiplied by 30 | ||||||
5 | and then divided by 70 (or "y"
multiplied by | ||||||
6 | 0.429); and | ||||||
7 | (3) for taxable years ending after December | ||||||
8 | 31, 2005: | ||||||
9 | (i) for property on which a bonus | ||||||
10 | depreciation deduction of 30% of the adjusted | ||||||
11 | basis was taken, "x" equals "y" multiplied by | ||||||
12 | 30 and then divided by 70 (or "y"
multiplied by | ||||||
13 | 0.429); and | ||||||
14 | (ii) for property on which a bonus | ||||||
15 | depreciation deduction of 50% of the adjusted | ||||||
16 | basis was taken, "x" equals "y" multiplied by | ||||||
17 | 1.0.
| ||||||
18 | The aggregate amount deducted under this | ||||||
19 | subparagraph in all taxable
years for any one piece of | ||||||
20 | property may not exceed the amount of the bonus
| ||||||
21 | depreciation deduction
taken on that property on the | ||||||
22 | taxpayer's federal income tax return under
subsection | ||||||
23 | (k) of Section 168 of the Internal Revenue Code. This | ||||||
24 | subparagraph (T) is exempt from the provisions of | ||||||
25 | Section 250;
| ||||||
26 | (U) If the taxpayer sells, transfers, abandons, or |
| |||||||
| |||||||
1 | otherwise disposes of
property for which the taxpayer | ||||||
2 | was required in any taxable year to make an
addition | ||||||
3 | modification under subparagraph (E-10), then an amount | ||||||
4 | equal to that
addition modification.
| ||||||
5 | If the taxpayer continues to own property through | ||||||
6 | the last day of the last tax year for which the | ||||||
7 | taxpayer may claim a depreciation deduction for | ||||||
8 | federal income tax purposes and for which the taxpayer | ||||||
9 | was required in any taxable year to make an addition | ||||||
10 | modification under subparagraph (E-10), then an amount | ||||||
11 | equal to that addition modification.
| ||||||
12 | The taxpayer is allowed to take the deduction under | ||||||
13 | this subparagraph
only once with respect to any one | ||||||
14 | piece of property. | ||||||
15 | This subparagraph (U) is exempt from the | ||||||
16 | provisions of Section 250;
| ||||||
17 | (V) The amount of: (i) any interest income (net of | ||||||
18 | the deductions allocable thereto) taken into account | ||||||
19 | for the taxable year with respect to a transaction with | ||||||
20 | a taxpayer that is required to make an addition | ||||||
21 | modification with respect to such transaction under | ||||||
22 | Section 203(a)(2)(D-17), 203(b)(2)(E-12), | ||||||
23 | 203(c)(2)(G-12), or 203(d)(2)(D-7), but not to exceed | ||||||
24 | the amount of such addition modification and
(ii) any | ||||||
25 | income from intangible property (net of the deductions | ||||||
26 | allocable thereto) taken into account for the taxable |
| |||||||
| |||||||
1 | year with respect to a transaction with a taxpayer that | ||||||
2 | is required to make an addition modification with | ||||||
3 | respect to such transaction under Section | ||||||
4 | 203(a)(2)(D-18), 203(b)(2)(E-13), 203(c)(2)(G-13), or | ||||||
5 | 203(d)(2)(D-8), but not to exceed the amount of such | ||||||
6 | addition modification;
| ||||||
7 | (W) An amount equal to the interest income taken | ||||||
8 | into account for the taxable year (net of the | ||||||
9 | deductions allocable thereto) with respect to | ||||||
10 | transactions with a foreign person who would be a | ||||||
11 | member of the taxpayer's unitary business group but for | ||||||
12 | the fact that the foreign person's business activity | ||||||
13 | outside the United States is 80% or more of that | ||||||
14 | person's total business activity, but not to exceed the | ||||||
15 | addition modification required to be made for the same | ||||||
16 | taxable year under Section 203(b)(2)(E-12) for | ||||||
17 | interest paid, accrued, or incurred, directly or | ||||||
18 | indirectly, to the same foreign person; and
| ||||||
19 | (X) An amount equal to the income from intangible | ||||||
20 | property taken into account for the taxable year (net | ||||||
21 | of the deductions allocable thereto) with respect to | ||||||
22 | transactions with a foreign person who would be a | ||||||
23 | member of the taxpayer's unitary business group but for | ||||||
24 | the fact that the foreign person's business activity | ||||||
25 | outside the United States is 80% or more of that | ||||||
26 | person's total business activity, but not to exceed the |
| |||||||
| |||||||
1 | addition modification required to be made for the same | ||||||
2 | taxable year under Section 203(b)(2)(E-13) for | ||||||
3 | intangible expenses and costs paid, accrued, or | ||||||
4 | incurred, directly or indirectly, to the same foreign | ||||||
5 | person.
| ||||||
6 | (3) Special rule. For purposes of paragraph (2) (A), | ||||||
7 | "gross income"
in the case of a life insurance company, for | ||||||
8 | tax years ending on and after
December 31, 1994,
shall mean | ||||||
9 | the gross investment income for the taxable year.
| ||||||
10 | (c) Trusts and estates.
| ||||||
11 | (1) In general. In the case of a trust or estate, base | ||||||
12 | income means
an amount equal to the taxpayer's taxable | ||||||
13 | income for the taxable year as
modified by paragraph (2).
| ||||||
14 | (2) Modifications. Subject to the provisions of | ||||||
15 | paragraph (3), the
taxable income referred to in paragraph | ||||||
16 | (1) shall be modified by adding
thereto the sum of the | ||||||
17 | following amounts:
| ||||||
18 | (A) An amount equal to all amounts paid or accrued | ||||||
19 | to the taxpayer
as interest or dividends during the | ||||||
20 | taxable year to the extent excluded
from gross income | ||||||
21 | in the computation of taxable income;
| ||||||
22 | (B) In the case of (i) an estate, $600; (ii) a | ||||||
23 | trust which, under
its governing instrument, is | ||||||
24 | required to distribute all of its income
currently, | ||||||
25 | $300; and (iii) any other trust, $100, but in each such |
| |||||||
| |||||||
1 | case,
only to the extent such amount was deducted in | ||||||
2 | the computation of
taxable income;
| ||||||
3 | (C) An amount equal to the amount of tax imposed by | ||||||
4 | this Act to the
extent deducted from gross income in | ||||||
5 | the computation of taxable income
for the taxable year;
| ||||||
6 | (D) The amount of any net operating loss deduction | ||||||
7 | taken in arriving at
taxable income, other than a net | ||||||
8 | operating loss carried forward from a
taxable year | ||||||
9 | ending prior to December 31, 1986;
| ||||||
10 | (E) For taxable years in which a net operating loss | ||||||
11 | carryback or
carryforward from a taxable year ending | ||||||
12 | prior to December 31, 1986 is an
element of taxable | ||||||
13 | income under paragraph (1) of subsection (e) or | ||||||
14 | subparagraph
(E) of paragraph (2) of subsection (e), | ||||||
15 | the amount by which addition
modifications other than | ||||||
16 | those provided by this subparagraph (E) exceeded
| ||||||
17 | subtraction modifications in such taxable year, with | ||||||
18 | the following limitations
applied in the order that | ||||||
19 | they are listed:
| ||||||
20 | (i) the addition modification relating to the | ||||||
21 | net operating loss
carried back or forward to the | ||||||
22 | taxable year from any taxable year ending
prior to | ||||||
23 | December 31, 1986 shall be reduced by the amount of | ||||||
24 | addition
modification under this subparagraph (E) | ||||||
25 | which related to that net
operating loss and which | ||||||
26 | was taken into account in calculating the base
|
| |||||||
| |||||||
1 | income of an earlier taxable year, and
| ||||||
2 | (ii) the addition modification relating to the | ||||||
3 | net operating loss
carried back or forward to the | ||||||
4 | taxable year from any taxable year ending
prior to | ||||||
5 | December 31, 1986 shall not exceed the amount of | ||||||
6 | such carryback or
carryforward;
| ||||||
7 | For taxable years in which there is a net operating | ||||||
8 | loss carryback or
carryforward from more than one other | ||||||
9 | taxable year ending prior to December
31, 1986, the | ||||||
10 | addition modification provided in this subparagraph | ||||||
11 | (E) shall
be the sum of the amounts computed | ||||||
12 | independently under the preceding
provisions of this | ||||||
13 | subparagraph (E) for each such taxable year;
| ||||||
14 | (F) For taxable years ending on or after January 1, | ||||||
15 | 1989, an amount
equal to the tax deducted pursuant to | ||||||
16 | Section 164 of the Internal Revenue
Code if the trust | ||||||
17 | or estate is claiming the same tax for purposes of the
| ||||||
18 | Illinois foreign tax credit under Section 601 of this | ||||||
19 | Act;
| ||||||
20 | (G) An amount equal to the amount of the capital | ||||||
21 | gain deduction
allowable under the Internal Revenue | ||||||
22 | Code, to the extent deducted from
gross income in the | ||||||
23 | computation of taxable income;
| ||||||
24 | (G-5) For taxable years ending after December 31, | ||||||
25 | 1997, an
amount equal to any eligible remediation costs | ||||||
26 | 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 taken | ||||||
5 | on the taxpayer's federal income tax return for the | ||||||
6 | taxable
year under subsection (k) of Section 168 of the | ||||||
7 | Internal Revenue Code; and
| ||||||
8 | (G-11) If the taxpayer sells, transfers, abandons, | ||||||
9 | or otherwise disposes of property for which the | ||||||
10 | taxpayer was required in any taxable year to
make an | ||||||
11 | addition modification under subparagraph (G-10), then | ||||||
12 | an amount equal
to the aggregate amount of the | ||||||
13 | deductions taken in all taxable
years under | ||||||
14 | subparagraph (R) with respect to that property.
| ||||||
15 | If the taxpayer continues to own property through | ||||||
16 | the last day of the last tax year for which the | ||||||
17 | taxpayer may claim a depreciation deduction for | ||||||
18 | federal income tax purposes and for which the taxpayer | ||||||
19 | was allowed in any taxable year to make a subtraction | ||||||
20 | modification under subparagraph (R), then an amount | ||||||
21 | equal to that subtraction modification.
| ||||||
22 | The taxpayer is required to make the addition | ||||||
23 | modification under this
subparagraph
only once with | ||||||
24 | respect to any one piece of property;
| ||||||
25 | (G-12) For taxable years ending on or after | ||||||
26 | December 31, 2004, an amount equal to the amount |
| |||||||
| |||||||
1 | otherwise allowed as a deduction in computing base | ||||||
2 | income for interest paid, accrued, or incurred, | ||||||
3 | directly or indirectly, to a foreign person who would | ||||||
4 | be a member of the same unitary business group but for | ||||||
5 | the fact that the foreign person's business activity | ||||||
6 | outside the United States is 80% or more of the foreign | ||||||
7 | person's total business activity. The addition | ||||||
8 | modification required by this subparagraph shall be | ||||||
9 | reduced to the extent that dividends were included in | ||||||
10 | base income of the unitary group for the same taxable | ||||||
11 | year and received by the taxpayer or by a member of the | ||||||
12 | taxpayer's unitary business group (including amounts | ||||||
13 | included in gross income pursuant to Sections 951 | ||||||
14 | through 964 of the Internal Revenue Code and amounts | ||||||
15 | included in gross income under Section 78 of the | ||||||
16 | Internal Revenue Code) with respect to the stock of the | ||||||
17 | same person to whom the interest was paid, accrued, or | ||||||
18 | incurred.
| ||||||
19 | This paragraph shall not apply to the following:
| ||||||
20 | (i) an item of interest paid, accrued, or | ||||||
21 | incurred, directly or indirectly, to a foreign | ||||||
22 | person who is subject in a foreign country or | ||||||
23 | state, other than a state which requires mandatory | ||||||
24 | unitary reporting, to a tax on or measured by net | ||||||
25 | income with respect to such interest; or | ||||||
26 | (ii) an item of interest paid, accrued, or |
| |||||||
| |||||||
1 | incurred, directly or indirectly, to a foreign | ||||||
2 | person if the taxpayer can establish, based on a | ||||||
3 | preponderance of the evidence, both of the | ||||||
4 | following: | ||||||
5 | (a) the foreign person, during the same | ||||||
6 | taxable year, paid, accrued, or incurred, the | ||||||
7 | interest to a person that is not a related | ||||||
8 | member, and | ||||||
9 | (b) the transaction giving rise to the | ||||||
10 | interest expense between the taxpayer and the | ||||||
11 | foreign person did not have as a principal | ||||||
12 | purpose the avoidance of Illinois income tax, | ||||||
13 | and is paid pursuant to a contract or agreement | ||||||
14 | that reflects an arm's-length interest rate | ||||||
15 | and terms; or
| ||||||
16 | (iii) the taxpayer can establish, based on | ||||||
17 | clear and convincing evidence, that the interest | ||||||
18 | paid, accrued, or incurred relates to a contract or | ||||||
19 | agreement entered into at arm's-length rates and | ||||||
20 | terms and the principal purpose for the payment is | ||||||
21 | not federal or Illinois tax avoidance; or
| ||||||
22 | (iv) an item of interest paid, accrued, or | ||||||
23 | incurred, directly or indirectly, to a foreign | ||||||
24 | person if the taxpayer establishes by clear and | ||||||
25 | convincing evidence that the adjustments are | ||||||
26 | unreasonable; or if the taxpayer and the Director |
| |||||||
| |||||||
1 | agree in writing to the application or use of an | ||||||
2 | alternative method of apportionment under Section | ||||||
3 | 304(f).
| ||||||
4 | Nothing in this subsection shall preclude the | ||||||
5 | Director from making any other adjustment | ||||||
6 | otherwise allowed under Section 404 of this Act for | ||||||
7 | any tax year beginning after the effective date of | ||||||
8 | this amendment provided such adjustment is made | ||||||
9 | pursuant to regulation adopted by the Department | ||||||
10 | and such regulations provide methods and standards | ||||||
11 | by which the Department will utilize its authority | ||||||
12 | under Section 404 of this Act;
| ||||||
13 | (G-13) For taxable years ending on or after | ||||||
14 | December 31, 2004, an amount equal to the amount of | ||||||
15 | intangible expenses and costs otherwise allowed as a | ||||||
16 | deduction in computing base income, and that were paid, | ||||||
17 | accrued, or incurred, directly or indirectly, to a | ||||||
18 | foreign person who would be a member of the same | ||||||
19 | unitary business group but for the fact that the | ||||||
20 | foreign person's business activity outside the United | ||||||
21 | States is 80% or more of that person's total business | ||||||
22 | activity. The addition modification required by this | ||||||
23 | subparagraph shall be reduced to the extent that | ||||||
24 | dividends were included in base income of the unitary | ||||||
25 | group for the same taxable year and received by the | ||||||
26 | taxpayer or by a member of the taxpayer's unitary |
| |||||||
| |||||||
1 | business group (including amounts included in gross | ||||||
2 | income pursuant to Sections 951 through 964 of the | ||||||
3 | Internal Revenue Code and amounts included in gross | ||||||
4 | income under Section 78 of the Internal Revenue Code) | ||||||
5 | with respect to the stock of the same person to whom | ||||||
6 | the intangible expenses and costs were directly or | ||||||
7 | indirectly paid, incurred, or accrued. The preceding | ||||||
8 | sentence shall not apply to the extent that the same | ||||||
9 | dividends caused a reduction to the addition | ||||||
10 | modification required under Section 203(c)(2)(G-12) of | ||||||
11 | this Act. As used in this subparagraph, the term | ||||||
12 | "intangible expenses and costs" includes: (1) | ||||||
13 | expenses, losses, and costs for or related to the | ||||||
14 | direct or indirect acquisition, use, maintenance or | ||||||
15 | management, ownership, sale, exchange, or any other | ||||||
16 | disposition of intangible property; (2) losses | ||||||
17 | incurred, directly or indirectly, from factoring | ||||||
18 | transactions or discounting transactions; (3) royalty, | ||||||
19 | patent, technical, and copyright fees; (4) licensing | ||||||
20 | fees; and (5) other similar expenses and costs. For | ||||||
21 | purposes of this subparagraph, "intangible property" | ||||||
22 | includes patents, patent applications, trade names, | ||||||
23 | trademarks, service marks, copyrights, mask works, | ||||||
24 | trade secrets, and similar types of intangible assets. | ||||||
25 | This paragraph shall not apply to the following: | ||||||
26 | (i) any item of intangible expenses or costs |
| |||||||
| |||||||
1 | paid, accrued, or incurred, directly or | ||||||
2 | indirectly, from a transaction with a foreign | ||||||
3 | person who is subject in a foreign country or | ||||||
4 | state, other than a state which requires mandatory | ||||||
5 | unitary reporting, to a tax on or measured by net | ||||||
6 | income with respect to such item; or | ||||||
7 | (ii) any item of intangible expense or cost | ||||||
8 | paid, accrued, or incurred, directly or | ||||||
9 | indirectly, if the taxpayer can establish, based | ||||||
10 | on a preponderance of the evidence, both of the | ||||||
11 | following: | ||||||
12 | (a) the foreign person during the same | ||||||
13 | taxable year paid, accrued, or incurred, the | ||||||
14 | intangible expense or cost to a person that is | ||||||
15 | not a related member, and | ||||||
16 | (b) the transaction giving rise to the | ||||||
17 | intangible expense or cost between the | ||||||
18 | taxpayer and the foreign person did not have as | ||||||
19 | a principal purpose the avoidance of Illinois | ||||||
20 | income tax, and is paid pursuant to a contract | ||||||
21 | or agreement that reflects arm's-length terms; | ||||||
22 | or | ||||||
23 | (iii) any item of intangible expense or cost | ||||||
24 | paid, accrued, or incurred, directly or | ||||||
25 | indirectly, from a transaction with a foreign | ||||||
26 | person if the taxpayer establishes by clear and |
| |||||||
| |||||||
1 | convincing evidence, that the adjustments are | ||||||
2 | unreasonable; or if the taxpayer and the Director | ||||||
3 | agree in writing to the application or use of an | ||||||
4 | alternative method of apportionment under Section | ||||||
5 | 304(f);
| ||||||
6 | Nothing in this subsection shall preclude the | ||||||
7 | Director from making any other adjustment | ||||||
8 | otherwise allowed under Section 404 of this Act for | ||||||
9 | any tax year beginning after the effective date of | ||||||
10 | this amendment provided such adjustment is made | ||||||
11 | pursuant to regulation adopted by the Department | ||||||
12 | and such regulations provide methods and standards | ||||||
13 | by which the Department will utilize its authority | ||||||
14 | under Section 404 of this Act;
| ||||||
15 | and by deducting from the total so obtained the sum of the | ||||||
16 | following
amounts:
| ||||||
17 | (H) An amount equal to all amounts included in such | ||||||
18 | total pursuant
to the provisions of Sections 402(a), | ||||||
19 | 402(c), 403(a), 403(b), 406(a), 407(a)
and 408 of the | ||||||
20 | Internal Revenue Code or included in such total as
| ||||||
21 | distributions under the provisions of any retirement | ||||||
22 | or disability plan for
employees of any governmental | ||||||
23 | agency or unit, or retirement payments to
retired | ||||||
24 | partners, which payments are excluded in computing net | ||||||
25 | earnings
from self employment by Section 1402 of the | ||||||
26 | Internal Revenue Code and
regulations adopted pursuant |
| |||||||
| |||||||
1 | thereto;
| ||||||
2 | (I) The valuation limitation amount;
| ||||||
3 | (J) An amount equal to the amount of any tax | ||||||
4 | imposed by this Act
which was refunded to the taxpayer | ||||||
5 | and included in such total for the
taxable year;
| ||||||
6 | (K) An amount equal to all amounts included in | ||||||
7 | taxable income as
modified by subparagraphs (A), (B), | ||||||
8 | (C), (D), (E), (F) and (G) which
are exempt from | ||||||
9 | taxation by this State either by reason of its statutes | ||||||
10 | or
Constitution
or by reason of the Constitution, | ||||||
11 | treaties or statutes of the United States;
provided | ||||||
12 | that, in the case of any statute of this State that | ||||||
13 | exempts income
derived from bonds or other obligations | ||||||
14 | from the tax imposed under this Act,
the amount | ||||||
15 | exempted shall be the interest net of bond premium | ||||||
16 | amortization;
| ||||||
17 | (L) With the exception of any amounts subtracted | ||||||
18 | under subparagraph
(K),
an amount equal to the sum of | ||||||
19 | all amounts disallowed as
deductions by (i) Sections | ||||||
20 | 171(a) (2) and 265(a)(2) of the Internal Revenue
Code, | ||||||
21 | as now or hereafter amended, and all amounts of | ||||||
22 | expenses allocable
to interest and disallowed as | ||||||
23 | deductions by Section 265(1) of the Internal
Revenue | ||||||
24 | Code of 1954, as now or hereafter amended;
and (ii) for | ||||||
25 | taxable years
ending on or after August 13, 1999, | ||||||
26 | Sections
171(a)(2), 265,
280C, and 832(b)(5)(B)(i) of |
| |||||||
| |||||||
1 | the Internal Revenue Code; the provisions of this
| ||||||
2 | subparagraph are exempt from the provisions of Section | ||||||
3 | 250;
| ||||||
4 | (M) An amount equal to those dividends included in | ||||||
5 | such total
which were paid by a corporation which | ||||||
6 | conducts business operations in an
Enterprise Zone or | ||||||
7 | zones created under the Illinois Enterprise Zone Act or | ||||||
8 | a River Edge Redevelopment Zone or zones created under | ||||||
9 | the River Edge Redevelopment Zone Act and
conducts | ||||||
10 | substantially all of its operations in an Enterprise | ||||||
11 | Zone or Zones or a River Edge Redevelopment Zone or | ||||||
12 | zones. This subparagraph (M) is exempt from the | ||||||
13 | provisions of Section 250;
| ||||||
14 | (N) An amount equal to any contribution made to a | ||||||
15 | job training
project established pursuant to the Tax | ||||||
16 | Increment Allocation
Redevelopment Act;
| ||||||
17 | (O) An amount equal to those dividends included in | ||||||
18 | such total
that were paid by a corporation that | ||||||
19 | conducts business operations in a
federally designated | ||||||
20 | Foreign Trade Zone or Sub-Zone and that is designated
a | ||||||
21 | High Impact Business located in Illinois; provided | ||||||
22 | that dividends eligible
for the deduction provided in | ||||||
23 | subparagraph (M) of paragraph (2) of this
subsection | ||||||
24 | shall not be eligible for the deduction provided under | ||||||
25 | this
subparagraph (O);
| ||||||
26 | (P) An amount equal to the amount of the deduction |
| |||||||
| |||||||
1 | used to compute the
federal income tax credit for | ||||||
2 | restoration of substantial amounts held under
claim of | ||||||
3 | right for the taxable year pursuant to Section 1341 of | ||||||
4 | the
Internal Revenue Code of 1986;
| ||||||
5 | (Q) For taxable year 1999 and thereafter, an amount | ||||||
6 | equal to the
amount of any
(i) distributions, to the | ||||||
7 | extent includible in gross income for
federal income | ||||||
8 | tax purposes, made to the taxpayer because of
his or | ||||||
9 | her status as a victim of
persecution for racial or | ||||||
10 | religious reasons by Nazi Germany or any other Axis
| ||||||
11 | regime or as an heir of the victim and (ii) items
of | ||||||
12 | income, to the extent
includible in gross income for | ||||||
13 | federal income tax purposes, attributable to,
derived | ||||||
14 | from or in any way related to assets stolen from, | ||||||
15 | hidden from, or
otherwise lost to a victim of
| ||||||
16 | persecution for racial or religious reasons by Nazi
| ||||||
17 | Germany or any other Axis regime
immediately prior to, | ||||||
18 | during, and immediately after World War II, including,
| ||||||
19 | but
not limited to, interest on the proceeds receivable | ||||||
20 | as insurance
under policies issued to a victim of | ||||||
21 | persecution for racial or religious
reasons by Nazi | ||||||
22 | Germany or any other Axis regime by European insurance
| ||||||
23 | companies
immediately prior to and during World War II;
| ||||||
24 | provided, however, this subtraction from federal | ||||||
25 | adjusted gross income does not
apply to assets acquired | ||||||
26 | with such assets or with the proceeds from the sale of
|
| |||||||
| |||||||
1 | such assets; provided, further, this paragraph shall | ||||||
2 | only apply to a taxpayer
who was the first recipient of | ||||||
3 | such assets after their recovery and who is a
victim of
| ||||||
4 | persecution for racial or religious reasons
by Nazi | ||||||
5 | Germany or any other Axis regime or as an heir of the | ||||||
6 | victim. The
amount of and the eligibility for any | ||||||
7 | public assistance, benefit, or
similar entitlement is | ||||||
8 | not affected by the inclusion of items (i) and (ii) of
| ||||||
9 | this paragraph in gross income for federal income tax | ||||||
10 | purposes.
This paragraph is exempt from the provisions | ||||||
11 | of Section 250;
| ||||||
12 | (R) For taxable years 2001 and thereafter, for the | ||||||
13 | taxable year in
which the bonus depreciation deduction
| ||||||
14 | is taken on the taxpayer's federal income tax return | ||||||
15 | under
subsection (k) of Section 168 of the Internal | ||||||
16 | Revenue Code and for each
applicable taxable year | ||||||
17 | thereafter, an amount equal to "x", where:
| ||||||
18 | (1) "y" equals the amount of the depreciation | ||||||
19 | deduction taken for the
taxable year
on the | ||||||
20 | taxpayer's federal income tax return on property | ||||||
21 | for which the bonus
depreciation deduction
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;
| ||||||
25 | (2) for taxable years ending on or before | ||||||
26 | December 31, 2005, "x" equals "y" multiplied by 30 |
| |||||||
| |||||||
1 | and then divided by 70 (or "y"
multiplied by | ||||||
2 | 0.429); and | ||||||
3 | (3) for taxable years ending after December | ||||||
4 | 31, 2005: | ||||||
5 | (i) for property on which a bonus | ||||||
6 | depreciation deduction of 30% of the adjusted | ||||||
7 | basis was taken, "x" equals "y" multiplied by | ||||||
8 | 30 and then divided by 70 (or "y"
multiplied by | ||||||
9 | 0.429); and | ||||||
10 | (ii) for property on which a bonus | ||||||
11 | depreciation deduction of 50% of the adjusted | ||||||
12 | basis was taken, "x" equals "y" multiplied by | ||||||
13 | 1.0.
| ||||||
14 | The aggregate amount deducted under this | ||||||
15 | subparagraph in all taxable
years for any one piece of | ||||||
16 | property may not exceed the amount of the bonus
| ||||||
17 | depreciation deduction
taken on that property on the | ||||||
18 | taxpayer's federal income tax return under
subsection | ||||||
19 | (k) of Section 168 of the Internal Revenue Code. This | ||||||
20 | subparagraph (R) is exempt from the provisions of | ||||||
21 | Section 250;
| ||||||
22 | (S) If the taxpayer sells, transfers, abandons, or | ||||||
23 | otherwise disposes of
property for which the taxpayer | ||||||
24 | was required in any taxable year to make an
addition | ||||||
25 | modification under subparagraph (G-10), then an amount | ||||||
26 | equal to that
addition modification.
|
| |||||||
| |||||||
1 | If the taxpayer continues to own property through | ||||||
2 | the last day of the last tax year for which the | ||||||
3 | taxpayer may claim a depreciation deduction for | ||||||
4 | federal income tax purposes and for which the taxpayer | ||||||
5 | was required in any taxable year to make an addition | ||||||
6 | modification under subparagraph (G-10), then an amount | ||||||
7 | equal to that addition 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 | This subparagraph (S) is exempt from the | ||||||
12 | provisions of Section 250;
| ||||||
13 | (T) The amount of (i) any interest income (net of | ||||||
14 | the deductions allocable thereto) taken into account | ||||||
15 | for the taxable year with respect to a transaction with | ||||||
16 | a taxpayer that is required to make an addition | ||||||
17 | modification with respect to such transaction under | ||||||
18 | Section 203(a)(2)(D-17), 203(b)(2)(E-12), | ||||||
19 | 203(c)(2)(G-12), or 203(d)(2)(D-7), but not to exceed | ||||||
20 | the amount of such addition modification and
(ii) any | ||||||
21 | income from intangible property (net of the deductions | ||||||
22 | allocable thereto) taken into account for the taxable | ||||||
23 | year with respect to a transaction with a taxpayer that | ||||||
24 | is required to make an addition modification with | ||||||
25 | respect to such transaction under Section | ||||||
26 | 203(a)(2)(D-18), 203(b)(2)(E-13), 203(c)(2)(G-13), or |
| |||||||
| |||||||
1 | 203(d)(2)(D-8), but not to exceed the amount of such | ||||||
2 | addition modification;
| ||||||
3 | (U) An amount equal to the interest income taken | ||||||
4 | into account for the taxable year (net of the | ||||||
5 | deductions allocable thereto) with respect to | ||||||
6 | transactions with a foreign person who would be a | ||||||
7 | member of the taxpayer's unitary business group but for | ||||||
8 | the fact the foreign person's business activity | ||||||
9 | outside the United States is 80% or more of that | ||||||
10 | person's total business activity, but not to exceed the | ||||||
11 | addition modification required to be made for the same | ||||||
12 | taxable year under Section 203(c)(2)(G-12) for | ||||||
13 | interest paid, accrued, or incurred, directly or | ||||||
14 | indirectly, to the same foreign person; and
| ||||||
15 | (V) An amount equal to the income from intangible | ||||||
16 | property taken into account for the taxable year (net | ||||||
17 | of the deductions allocable thereto) with respect to | ||||||
18 | transactions with a foreign person who would be a | ||||||
19 | member of the taxpayer's unitary business group but for | ||||||
20 | the fact that the foreign person's business activity | ||||||
21 | outside the United States is 80% or more of that | ||||||
22 | person's total business activity, but not to exceed the | ||||||
23 | addition modification required to be made for the same | ||||||
24 | taxable year under Section 203(c)(2)(G-13) for | ||||||
25 | intangible expenses and costs paid, accrued, or | ||||||
26 | incurred, directly or indirectly, to the same foreign |
| |||||||
| |||||||
1 | person.
| ||||||
2 | (3) Limitation. The amount of any modification | ||||||
3 | otherwise required
under this subsection shall, under | ||||||
4 | regulations prescribed by the
Department, be adjusted by | ||||||
5 | any amounts included therein which were
properly paid, | ||||||
6 | credited, or required to be distributed, or permanently set
| ||||||
7 | aside for charitable purposes pursuant to Internal Revenue | ||||||
8 | Code Section
642(c) during the taxable year.
| ||||||
9 | (d) Partnerships.
| ||||||
10 | (1) In general. In the case of a partnership, base | ||||||
11 | income means an
amount equal to the taxpayer's taxable | ||||||
12 | income for the taxable year as
modified by paragraph (2).
| ||||||
13 | (2) Modifications. The taxable income referred to in | ||||||
14 | paragraph (1)
shall be modified by adding thereto the sum | ||||||
15 | of the following amounts:
| ||||||
16 | (A) An amount equal to all amounts paid or accrued | ||||||
17 | to the taxpayer as
interest or dividends during the | ||||||
18 | taxable year to the extent excluded from
gross income | ||||||
19 | in the computation of taxable income;
| ||||||
20 | (B) An amount equal to the amount of tax imposed by | ||||||
21 | this Act to the
extent deducted from gross income for | ||||||
22 | the taxable year;
| ||||||
23 | (C) The amount of deductions allowed to the | ||||||
24 | partnership pursuant to
Section 707 (c) of the Internal | ||||||
25 | Revenue Code in calculating its taxable income;
|
| |||||||
| |||||||
1 | (D) An amount equal to the amount of the capital | ||||||
2 | gain deduction
allowable under the Internal Revenue | ||||||
3 | Code, to the extent deducted from
gross income in the | ||||||
4 | computation of taxable income;
| ||||||
5 | (D-5) For taxable years 2001 and thereafter, an | ||||||
6 | amount equal to the
bonus depreciation deduction 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;
| ||||||
10 | (D-6) If the taxpayer sells, transfers, abandons, | ||||||
11 | or otherwise disposes of
property for which the | ||||||
12 | taxpayer was required in any taxable year to make an
| ||||||
13 | addition modification under subparagraph (D-5), then | ||||||
14 | an amount equal to the
aggregate amount of the | ||||||
15 | deductions taken in all taxable years
under | ||||||
16 | subparagraph (O) with respect to that property.
| ||||||
17 | If the taxpayer continues to own property through | ||||||
18 | the last day of the last tax year for which the | ||||||
19 | taxpayer may claim a depreciation deduction for | ||||||
20 | federal income tax purposes and for which the taxpayer | ||||||
21 | was allowed in any taxable year to make a subtraction | ||||||
22 | modification under subparagraph (O), then an amount | ||||||
23 | equal to that subtraction modification.
| ||||||
24 | The taxpayer is required to make the addition | ||||||
25 | modification under this
subparagraph
only once with | ||||||
26 | respect to any one piece of property;
|
| |||||||
| |||||||
1 | (D-7) For taxable years ending on or after December | ||||||
2 | 31, 2004, an amount equal to the amount otherwise | ||||||
3 | allowed as a deduction in computing base income for | ||||||
4 | interest paid, accrued, or incurred, directly or | ||||||
5 | indirectly, to a foreign person who would be a member | ||||||
6 | of the same unitary business group but for the fact the | ||||||
7 | foreign person's business activity outside the United | ||||||
8 | States is 80% or more of the foreign person's total | ||||||
9 | business activity. The addition modification required | ||||||
10 | by this subparagraph shall be reduced to the extent | ||||||
11 | that dividends were included in base income of the | ||||||
12 | unitary group for the same taxable year and received by | ||||||
13 | the taxpayer or by a member of the taxpayer's unitary | ||||||
14 | business group (including amounts included in gross | ||||||
15 | income pursuant to Sections 951 through 964 of the | ||||||
16 | Internal Revenue Code and amounts included in gross | ||||||
17 | income under Section 78 of the Internal Revenue Code) | ||||||
18 | with respect to the stock of the same person to whom | ||||||
19 | the interest was paid, accrued, or incurred.
| ||||||
20 | This paragraph shall not apply to the following:
| ||||||
21 | (i) an item of interest paid, accrued, or | ||||||
22 | incurred, directly or indirectly, to a foreign | ||||||
23 | person who is subject in a foreign country or | ||||||
24 | state, other than a state which requires mandatory | ||||||
25 | unitary reporting, to a tax on or measured by net | ||||||
26 | income with respect to such interest; or |
| |||||||
| |||||||
1 | (ii) an item of interest paid, accrued, or | ||||||
2 | incurred, directly or indirectly, to a foreign | ||||||
3 | person if the taxpayer can establish, based on a | ||||||
4 | preponderance of the evidence, both of the | ||||||
5 | following: | ||||||
6 | (a) the foreign person, during the same | ||||||
7 | taxable year, paid, accrued, or incurred, the | ||||||
8 | interest to a person that is not a related | ||||||
9 | member, and | ||||||
10 | (b) the transaction giving rise to the | ||||||
11 | interest expense between the taxpayer and the | ||||||
12 | foreign person did not have as a principal | ||||||
13 | purpose the avoidance of Illinois income tax, | ||||||
14 | and is paid pursuant to a contract or agreement | ||||||
15 | that reflects an arm's-length interest rate | ||||||
16 | and terms; or
| ||||||
17 | (iii) the taxpayer can establish, based on | ||||||
18 | clear and convincing evidence, that the interest | ||||||
19 | paid, accrued, or incurred relates to a contract or | ||||||
20 | agreement entered into at arm's-length rates and | ||||||
21 | terms and the principal purpose for the payment is | ||||||
22 | not federal or Illinois tax avoidance; or
| ||||||
23 | (iv) an item of interest paid, accrued, or | ||||||
24 | incurred, directly or indirectly, to a foreign | ||||||
25 | person if the taxpayer establishes by clear and | ||||||
26 | convincing evidence that the adjustments are |
| |||||||
| |||||||
1 | unreasonable; or if the taxpayer and the Director | ||||||
2 | agree in writing to the application or use of an | ||||||
3 | alternative method of apportionment under Section | ||||||
4 | 304(f).
| ||||||
5 | Nothing in this subsection shall preclude the | ||||||
6 | Director from making any other adjustment | ||||||
7 | otherwise allowed under Section 404 of this Act for | ||||||
8 | any tax year beginning after the effective date of | ||||||
9 | this amendment provided such adjustment is made | ||||||
10 | pursuant to regulation adopted by the Department | ||||||
11 | and such regulations provide methods and standards | ||||||
12 | by which the Department will utilize its authority | ||||||
13 | under Section 404 of this Act; and
| ||||||
14 | (D-8) For taxable years ending on or after December | ||||||
15 | 31, 2004, an amount equal to the amount of intangible | ||||||
16 | expenses and costs otherwise allowed as a deduction in | ||||||
17 | computing base income, and that were paid, accrued, or | ||||||
18 | incurred, directly or indirectly, to a foreign person | ||||||
19 | who would be a member of the same unitary business | ||||||
20 | group but for the fact that the foreign person's | ||||||
21 | business activity outside the United States is 80% or | ||||||
22 | more of that person's total business activity. The | ||||||
23 | addition modification required by this subparagraph | ||||||
24 | shall be reduced to the extent that dividends were | ||||||
25 | included in base income of the unitary group for the | ||||||
26 | same taxable year and received by the taxpayer or by a |
| |||||||
| |||||||
1 | member of the taxpayer's unitary business group | ||||||
2 | (including amounts included in gross income pursuant | ||||||
3 | to Sections 951 through 964 of the Internal Revenue | ||||||
4 | Code and amounts included in gross income under Section | ||||||
5 | 78 of the Internal Revenue Code) with respect to the | ||||||
6 | stock of the same person to whom the intangible | ||||||
7 | expenses and costs were directly or indirectly paid, | ||||||
8 | incurred or accrued. The preceding sentence shall not | ||||||
9 | apply to the extent that the same dividends caused a | ||||||
10 | reduction to the addition modification required under | ||||||
11 | Section 203(d)(2)(D-7) of this Act. As used in this | ||||||
12 | subparagraph, the term "intangible expenses and costs" | ||||||
13 | includes (1) expenses, losses, and costs for, or | ||||||
14 | related to, the direct or indirect acquisition, use, | ||||||
15 | maintenance or management, ownership, sale, exchange, | ||||||
16 | or any other disposition of intangible property; (2) | ||||||
17 | losses incurred, directly or indirectly, from | ||||||
18 | factoring transactions or discounting transactions; | ||||||
19 | (3) royalty, patent, technical, and copyright fees; | ||||||
20 | (4) licensing fees; and (5) other similar expenses and | ||||||
21 | costs. For purposes of this subparagraph, "intangible | ||||||
22 | property" includes patents, patent applications, trade | ||||||
23 | names, trademarks, service marks, copyrights, mask | ||||||
24 | works, trade secrets, and similar types of intangible | ||||||
25 | assets; | ||||||
26 | This paragraph shall not apply to the following: |
| |||||||
| |||||||
1 | (i) any item of intangible expenses or costs | ||||||
2 | paid, accrued, or incurred, directly or | ||||||
3 | indirectly, from a transaction with a foreign | ||||||
4 | person who is subject in a foreign country or | ||||||
5 | state, other than a state which requires mandatory | ||||||
6 | unitary reporting, to a tax on or measured by net | ||||||
7 | income with respect to such item; or | ||||||
8 | (ii) any item of intangible expense or cost | ||||||
9 | paid, accrued, or incurred, directly or | ||||||
10 | indirectly, if the taxpayer can establish, based | ||||||
11 | on a preponderance of the evidence, both of the | ||||||
12 | following: | ||||||
13 | (a) the foreign person during the same | ||||||
14 | taxable year paid, accrued, or incurred, the | ||||||
15 | intangible expense or cost to a person that is | ||||||
16 | not a related member, and | ||||||
17 | (b) the transaction giving rise to the | ||||||
18 | intangible expense or cost between the | ||||||
19 | taxpayer and the foreign person did not have as | ||||||
20 | a principal purpose the avoidance of Illinois | ||||||
21 | income tax, and is paid pursuant to a contract | ||||||
22 | or agreement that reflects arm's-length terms; | ||||||
23 | or | ||||||
24 | (iii) any item of intangible expense or cost | ||||||
25 | paid, accrued, or incurred, directly or | ||||||
26 | indirectly, from a transaction with a foreign |
| |||||||
| |||||||
1 | person if the taxpayer establishes by clear and | ||||||
2 | convincing evidence, that the adjustments are | ||||||
3 | unreasonable; or if the taxpayer and the Director | ||||||
4 | agree in writing to the application or use of an | ||||||
5 | alternative method of apportionment under Section | ||||||
6 | 304(f);
| ||||||
7 | Nothing in this subsection shall preclude the | ||||||
8 | Director from making any other adjustment | ||||||
9 | otherwise allowed under Section 404 of this Act for | ||||||
10 | any tax year beginning after the effective date of | ||||||
11 | this amendment provided such adjustment is made | ||||||
12 | pursuant to regulation adopted by the Department | ||||||
13 | and such regulations provide methods and standards | ||||||
14 | by which the Department will utilize its authority | ||||||
15 | under Section 404 of this Act;
| ||||||
16 | and by deducting from the total so obtained the following | ||||||
17 | amounts:
| ||||||
18 | (E) The valuation limitation amount;
| ||||||
19 | (F) An amount equal to the amount of any tax | ||||||
20 | imposed by this Act which
was refunded to the taxpayer | ||||||
21 | and included in such total for the taxable year;
| ||||||
22 | (G) An amount equal to all amounts included in | ||||||
23 | taxable income as
modified by subparagraphs (A), (B), | ||||||
24 | (C) and (D) which are exempt from
taxation by this | ||||||
25 | State either by reason of its statutes or Constitution | ||||||
26 | or
by reason of
the Constitution, treaties or statutes |
| |||||||
| |||||||
1 | of the United States;
provided that, in the case of any | ||||||
2 | statute of this State that exempts income
derived from | ||||||
3 | bonds or other obligations from the tax imposed under | ||||||
4 | this Act,
the amount exempted shall be the interest net | ||||||
5 | of bond premium amortization;
| ||||||
6 | (H) Any income of the partnership which | ||||||
7 | constitutes personal service
income as defined in | ||||||
8 | Section 1348 (b) (1) of the Internal Revenue Code (as
| ||||||
9 | in effect December 31, 1981) or a reasonable allowance | ||||||
10 | for compensation
paid or accrued for services rendered | ||||||
11 | by partners to the partnership,
whichever is greater;
| ||||||
12 | (I) An amount equal to all amounts of income | ||||||
13 | distributable to an entity
subject to the Personal | ||||||
14 | Property Tax Replacement Income Tax imposed by
| ||||||
15 | subsections (c) and (d) of Section 201 of this Act | ||||||
16 | including amounts
distributable to organizations | ||||||
17 | exempt from federal income tax by reason of
Section | ||||||
18 | 501(a) of the Internal Revenue Code;
| ||||||
19 | (J) With the exception of any amounts subtracted | ||||||
20 | under subparagraph
(G),
an amount equal to the sum of | ||||||
21 | all amounts disallowed as deductions
by (i) Sections | ||||||
22 | 171(a) (2), and 265(2) of the Internal Revenue Code of | ||||||
23 | 1954,
as now or hereafter amended, and all amounts of | ||||||
24 | expenses allocable to
interest and disallowed as | ||||||
25 | deductions by Section 265(1) of the Internal
Revenue | ||||||
26 | Code, as now or hereafter amended;
and (ii) for taxable |
| |||||||
| |||||||
1 | years
ending on or after August 13, 1999, Sections
| ||||||
2 | 171(a)(2), 265,
280C, and 832(b)(5)(B)(i) of the | ||||||
3 | Internal Revenue Code; the provisions of this
| ||||||
4 | subparagraph are exempt from the provisions of Section | ||||||
5 | 250;
| ||||||
6 | (K) An amount equal to those dividends included in | ||||||
7 | such total which were
paid by a corporation which | ||||||
8 | conducts business operations in an Enterprise
Zone or | ||||||
9 | zones created under the Illinois Enterprise Zone Act, | ||||||
10 | enacted by
the 82nd General Assembly, or a River Edge | ||||||
11 | Redevelopment Zone or zones created under the River | ||||||
12 | Edge Redevelopment Zone Act and
conducts substantially | ||||||
13 | all of its operations
in an Enterprise Zone or Zones or | ||||||
14 | from a River Edge Redevelopment Zone or zones. This | ||||||
15 | subparagraph (K) is exempt from the provisions of | ||||||
16 | Section 250;
| ||||||
17 | (L) An amount equal to any contribution made to a | ||||||
18 | job training project
established pursuant to the Real | ||||||
19 | Property Tax Increment Allocation
Redevelopment Act;
| ||||||
20 | (M) An amount equal to those dividends included in | ||||||
21 | such total
that were paid by a corporation that | ||||||
22 | conducts business operations in a
federally designated | ||||||
23 | Foreign Trade Zone or Sub-Zone and that is designated a
| ||||||
24 | High Impact Business located in Illinois; provided | ||||||
25 | that dividends eligible
for the deduction provided in | ||||||
26 | subparagraph (K) of paragraph (2) of this
subsection |
| |||||||
| |||||||
1 | shall not be eligible for the deduction provided under | ||||||
2 | this
subparagraph (M);
| ||||||
3 | (N) An amount equal to the amount of the deduction | ||||||
4 | used to compute the
federal income tax credit for | ||||||
5 | restoration of substantial amounts held under
claim of | ||||||
6 | right for the taxable year pursuant to Section 1341 of | ||||||
7 | the
Internal Revenue Code of 1986;
| ||||||
8 | (O) For taxable years 2001 and thereafter, for the | ||||||
9 | taxable year in
which the bonus depreciation deduction
| ||||||
10 | is taken on the taxpayer's federal income tax return | ||||||
11 | under
subsection (k) of Section 168 of the Internal | ||||||
12 | Revenue Code and for each
applicable taxable year | ||||||
13 | thereafter, an amount equal to "x", where:
| ||||||
14 | (1) "y" equals the amount of the depreciation | ||||||
15 | deduction taken for the
taxable year
on the | ||||||
16 | taxpayer's federal income tax return on property | ||||||
17 | for which the bonus
depreciation deduction
was | ||||||
18 | taken in any year under subsection (k) of Section | ||||||
19 | 168 of the Internal
Revenue Code, but not including | ||||||
20 | the bonus depreciation deduction;
| ||||||
21 | (2) for taxable years ending on or before | ||||||
22 | December 31, 2005, "x" equals "y" multiplied by 30 | ||||||
23 | and then divided by 70 (or "y"
multiplied by | ||||||
24 | 0.429); and | ||||||
25 | (3) for taxable years ending after December | ||||||
26 | 31, 2005: |
| |||||||
| |||||||
1 | (i) for property on which a bonus | ||||||
2 | depreciation deduction of 30% of the adjusted | ||||||
3 | basis was taken, "x" equals "y" multiplied by | ||||||
4 | 30 and then divided by 70 (or "y"
multiplied by | ||||||
5 | 0.429); and | ||||||
6 | (ii) for property on which a bonus | ||||||
7 | depreciation deduction of 50% of the adjusted | ||||||
8 | basis was taken, "x" equals "y" multiplied by | ||||||
9 | 1.0.
| ||||||
10 | The aggregate amount deducted under this | ||||||
11 | subparagraph in all taxable
years for any one piece of | ||||||
12 | property may not exceed the amount of the bonus
| ||||||
13 | depreciation deduction
taken on that property on the | ||||||
14 | taxpayer's federal income tax return under
subsection | ||||||
15 | (k) of Section 168 of the Internal Revenue Code. This | ||||||
16 | subparagraph (O) is exempt from the provisions of | ||||||
17 | Section 250;
| ||||||
18 | (P) If the taxpayer sells, transfers, abandons, or | ||||||
19 | otherwise disposes of
property for which the taxpayer | ||||||
20 | was required in any taxable year to make an
addition | ||||||
21 | modification under subparagraph (D-5), then an amount | ||||||
22 | equal to that
addition modification.
| ||||||
23 | If the taxpayer continues to own property through | ||||||
24 | the last day of the last tax year for which the | ||||||
25 | taxpayer may claim a depreciation deduction for | ||||||
26 | federal income tax purposes and for which the taxpayer |
| |||||||
| |||||||
1 | was required in any taxable year to make an addition | ||||||
2 | modification under subparagraph (D-5), then an amount | ||||||
3 | equal to that addition modification.
| ||||||
4 | The taxpayer is allowed to take the deduction under | ||||||
5 | this subparagraph
only once with respect to any one | ||||||
6 | piece of property. | ||||||
7 | This subparagraph (P) is exempt from the | ||||||
8 | provisions of Section 250;
| ||||||
9 | (Q) The amount of (i) any interest income (net of | ||||||
10 | the deductions allocable thereto) taken into account | ||||||
11 | for the taxable year with respect to a transaction with | ||||||
12 | a taxpayer that is required to make an addition | ||||||
13 | modification with respect to such transaction under | ||||||
14 | Section 203(a)(2)(D-17), 203(b)(2)(E-12), | ||||||
15 | 203(c)(2)(G-12), or 203(d)(2)(D-7), but not to exceed | ||||||
16 | the amount of such addition modification and
(ii) any | ||||||
17 | income from intangible property (net of the deductions | ||||||
18 | allocable thereto) taken into account for the taxable | ||||||
19 | year with respect to a transaction with a taxpayer that | ||||||
20 | is required to make an addition modification with | ||||||
21 | respect to such transaction under Section | ||||||
22 | 203(a)(2)(D-18), 203(b)(2)(E-13), 203(c)(2)(G-13), or | ||||||
23 | 203(d)(2)(D-8), but not to exceed the amount of such | ||||||
24 | addition modification;
| ||||||
25 | (R) An amount equal to the interest income taken | ||||||
26 | into account for the taxable year (net of the |
| |||||||
| |||||||
1 | deductions allocable thereto) with respect to | ||||||
2 | transactions with a foreign person who would be a | ||||||
3 | member of the taxpayer's unitary business group but for | ||||||
4 | the fact that the foreign person's business activity | ||||||
5 | outside the United States is 80% or more of that | ||||||
6 | person's total business activity, but not to exceed the | ||||||
7 | addition modification required to be made for the same | ||||||
8 | taxable year under Section 203(d)(2)(D-7) for interest | ||||||
9 | paid, accrued, or incurred, directly or indirectly, to | ||||||
10 | the same foreign person; and
| ||||||
11 | (S) An amount equal to the income from intangible | ||||||
12 | property taken into account for the taxable year (net | ||||||
13 | of the deductions allocable thereto) with respect to | ||||||
14 | transactions with a foreign person who would be a | ||||||
15 | member of the taxpayer's unitary business group but for | ||||||
16 | the fact that the foreign person's business activity | ||||||
17 | outside the United States is 80% or more of that | ||||||
18 | person's total business activity, but not to exceed the | ||||||
19 | addition modification required to be made for the same | ||||||
20 | taxable year under Section 203(d)(2)(D-8) for | ||||||
21 | intangible expenses and costs paid, accrued, or | ||||||
22 | incurred, directly or indirectly, to the same foreign | ||||||
23 | person.
| ||||||
24 | (e) Gross income; adjusted gross income; taxable income.
| ||||||
25 | (1) In general. Subject to the provisions of paragraph |
| |||||||
| |||||||
1 | (2) and
subsection (b) (3), for purposes of this Section | ||||||
2 | and Section 803(e), a
taxpayer's gross income, adjusted | ||||||
3 | gross income, or taxable income for
the taxable year shall | ||||||
4 | mean the amount of gross income, adjusted gross
income or | ||||||
5 | taxable income properly reportable for federal income tax
| ||||||
6 | purposes for the taxable year under the provisions of the | ||||||
7 | Internal
Revenue Code. Taxable income may be less than | ||||||
8 | zero. However, for taxable
years ending on or after | ||||||
9 | December 31, 1986, net operating loss
carryforwards from | ||||||
10 | taxable years ending prior to December 31, 1986, may not
| ||||||
11 | exceed the sum of federal taxable income for the taxable | ||||||
12 | year before net
operating loss deduction, plus the excess | ||||||
13 | of addition modifications over
subtraction modifications | ||||||
14 | for the taxable year. For taxable years ending
prior to | ||||||
15 | December 31, 1986, taxable income may never be an amount in | ||||||
16 | excess
of the net operating loss for the taxable year as | ||||||
17 | defined in subsections
(c) and (d) of Section 172 of the | ||||||
18 | Internal Revenue Code, provided that when
taxable income of | ||||||
19 | a corporation (other than a Subchapter S corporation),
| ||||||
20 | trust, or estate is less than zero and addition | ||||||
21 | modifications, other than
those provided by subparagraph | ||||||
22 | (E) of paragraph (2) of subsection (b) for
corporations or | ||||||
23 | subparagraph (E) of paragraph (2) of subsection (c) for
| ||||||
24 | trusts and estates, exceed subtraction modifications, an | ||||||
25 | addition
modification must be made under those | ||||||
26 | subparagraphs for any other taxable
year to which the |
| |||||||
| |||||||
1 | taxable income less than zero (net operating loss) is
| ||||||
2 | applied under Section 172 of the Internal Revenue Code or | ||||||
3 | under
subparagraph (E) of paragraph (2) of this subsection | ||||||
4 | (e) applied in
conjunction with Section 172 of the Internal | ||||||
5 | Revenue Code.
| ||||||
6 | (2) Special rule. For purposes of paragraph (1) of this | ||||||
7 | subsection,
the taxable income properly reportable for | ||||||
8 | federal income tax purposes
shall mean:
| ||||||
9 | (A) Certain life insurance companies. In the case | ||||||
10 | of a life
insurance company subject to the tax imposed | ||||||
11 | by Section 801 of the
Internal Revenue Code, life | ||||||
12 | insurance company taxable income, plus the
amount of | ||||||
13 | distribution from pre-1984 policyholder surplus | ||||||
14 | accounts as
calculated under Section 815a of the | ||||||
15 | Internal Revenue Code;
| ||||||
16 | (B) Certain other insurance companies. In the case | ||||||
17 | of mutual
insurance companies subject to the tax | ||||||
18 | imposed by Section 831 of the
Internal Revenue Code, | ||||||
19 | insurance company taxable income;
| ||||||
20 | (C) Regulated investment companies. In the case of | ||||||
21 | a regulated
investment company subject to the tax | ||||||
22 | imposed by Section 852 of the
Internal Revenue Code, | ||||||
23 | investment company taxable income;
| ||||||
24 | (D) Real estate investment trusts. In the case of a | ||||||
25 | real estate
investment trust subject to the tax imposed | ||||||
26 | by Section 857 of the
Internal Revenue Code, real |
| |||||||
| |||||||
1 | estate investment trust taxable income;
| ||||||
2 | (E) Consolidated corporations. In the case of a | ||||||
3 | corporation which
is a member of an affiliated group of | ||||||
4 | corporations filing a consolidated
income tax return | ||||||
5 | for the taxable year for federal income tax purposes,
| ||||||
6 | taxable income determined as if such corporation had | ||||||
7 | filed a separate
return for federal income tax purposes | ||||||
8 | for the taxable year and each
preceding taxable year | ||||||
9 | for which it was a member of an affiliated group.
For | ||||||
10 | purposes of this subparagraph, the taxpayer's separate | ||||||
11 | taxable
income shall be determined as if the election | ||||||
12 | provided by Section
243(b) (2) of the Internal Revenue | ||||||
13 | Code had been in effect for all such years;
| ||||||
14 | (F) Cooperatives. In the case of a cooperative | ||||||
15 | corporation or
association, the taxable income of such | ||||||
16 | organization determined in
accordance with the | ||||||
17 | provisions of Section 1381 through 1388 of the
Internal | ||||||
18 | Revenue Code;
| ||||||
19 | (G) Subchapter S corporations. In the case of: (i) | ||||||
20 | a Subchapter S
corporation for which there is in effect | ||||||
21 | an election for the taxable year
under Section 1362 of | ||||||
22 | the Internal Revenue Code, the taxable income of such
| ||||||
23 | corporation determined in accordance with Section | ||||||
24 | 1363(b) of the Internal
Revenue Code, except that | ||||||
25 | taxable income shall take into
account those items | ||||||
26 | which are required by Section 1363(b)(1) of the
|
| |||||||
| |||||||
1 | Internal Revenue Code to be separately stated; and (ii) | ||||||
2 | a Subchapter
S corporation for which there is in effect | ||||||
3 | a federal election to opt out of
the provisions of the | ||||||
4 | Subchapter S Revision Act of 1982 and have applied
| ||||||
5 | instead the prior federal Subchapter S rules as in | ||||||
6 | effect on July 1, 1982,
the taxable income of such | ||||||
7 | corporation determined in accordance with the
federal | ||||||
8 | Subchapter S rules as in effect on July 1, 1982; and
| ||||||
9 | (H) Partnerships. In the case of a partnership, | ||||||
10 | taxable income
determined in accordance with Section | ||||||
11 | 703 of the Internal Revenue Code,
except that taxable | ||||||
12 | income shall take into account those items which are
| ||||||
13 | required by Section 703(a)(1) to be separately stated | ||||||
14 | but which would be
taken into account by an individual | ||||||
15 | in calculating his taxable income.
| ||||||
16 | (3) Recapture of business expenses on disposition of | ||||||
17 | asset or business. Notwithstanding any other law to the | ||||||
18 | contrary, if in prior years income from an asset or | ||||||
19 | business has been classified as business income and in a | ||||||
20 | later year is demonstrated to be non-business income, then | ||||||
21 | all expenses, without limitation, deducted in such later | ||||||
22 | year and in the 2 immediately preceding taxable years | ||||||
23 | related to that asset or business that generated the | ||||||
24 | non-business income shall be added back and recaptured as | ||||||
25 | business income in the year of the disposition of the asset | ||||||
26 | or business. Such amount shall be apportioned to Illinois |
| |||||||
| |||||||
1 | using the greater of the apportionment fraction computed | ||||||
2 | for the business under Section 304 of this Act for the | ||||||
3 | taxable year or the average of the apportionment fractions | ||||||
4 | computed for the business under Section 304 of this Act for | ||||||
5 | the taxable year and for the 2 immediately preceding | ||||||
6 | taxable years.
| ||||||
7 | (f) Valuation limitation amount.
| ||||||
8 | (1) In general. The valuation limitation amount | ||||||
9 | referred to in
subsections (a) (2) (G), (c) (2) (I) and | ||||||
10 | (d)(2) (E) is an amount equal to:
| ||||||
11 | (A) The sum of the pre-August 1, 1969 appreciation | ||||||
12 | amounts (to the
extent consisting of gain reportable | ||||||
13 | under the provisions of Section
1245 or 1250 of the | ||||||
14 | Internal Revenue Code) for all property in respect
of | ||||||
15 | which such gain was reported for the taxable year; plus
| ||||||
16 | (B) The lesser of (i) the sum of the pre-August 1, | ||||||
17 | 1969 appreciation
amounts (to the extent consisting of | ||||||
18 | capital gain) for all property in
respect of which such | ||||||
19 | gain was reported for federal income tax purposes
for | ||||||
20 | the taxable year, or (ii) the net capital gain for the | ||||||
21 | taxable year,
reduced in either case by any amount of | ||||||
22 | such gain included in the amount
determined under | ||||||
23 | subsection (a) (2) (F) or (c) (2) (H).
| ||||||
24 | (2) Pre-August 1, 1969 appreciation amount.
| ||||||
25 | (A) If the fair market value of property referred | ||||||
26 | to in paragraph
(1) was readily ascertainable on August |
| |||||||
| |||||||
1 | 1, 1969, the pre-August 1, 1969
appreciation amount for | ||||||
2 | such property is the lesser of (i) the excess of
such | ||||||
3 | fair market value over the taxpayer's basis (for | ||||||
4 | determining gain)
for such property on that date | ||||||
5 | (determined under the Internal Revenue
Code as in | ||||||
6 | effect on that date), or (ii) the total gain realized | ||||||
7 | and
reportable for federal income tax purposes in | ||||||
8 | respect of the sale,
exchange or other disposition of | ||||||
9 | such property.
| ||||||
10 | (B) If the fair market value of property referred | ||||||
11 | to in paragraph
(1) was not readily ascertainable on | ||||||
12 | August 1, 1969, the pre-August 1,
1969 appreciation | ||||||
13 | amount for such property is that amount which bears
the | ||||||
14 | same ratio to the total gain reported in respect of the | ||||||
15 | property for
federal income tax purposes for the | ||||||
16 | taxable year, as the number of full
calendar months in | ||||||
17 | that part of the taxpayer's holding period for the
| ||||||
18 | property ending July 31, 1969 bears to the number of | ||||||
19 | full calendar
months in the taxpayer's entire holding | ||||||
20 | period for the
property.
| ||||||
21 | (C) The Department shall prescribe such | ||||||
22 | regulations as may be
necessary to carry out the | ||||||
23 | purposes of this paragraph.
| ||||||
24 | (g) Double deductions. Unless specifically provided | ||||||
25 | otherwise, nothing
in this Section shall permit the same item |
| |||||||
| |||||||
1 | to be deducted more than once.
| ||||||
2 | (h) Legislative intention. Except as expressly provided by | ||||||
3 | this
Section there shall be no modifications or limitations on | ||||||
4 | the amounts
of income, gain, loss or deduction taken into | ||||||
5 | account in determining
gross income, adjusted gross income or | ||||||
6 | taxable income for federal income
tax purposes for the taxable | ||||||
7 | year, or in the amount of such items
entering into the | ||||||
8 | computation of base income and net income under this
Act for | ||||||
9 | such taxable year, whether in respect of property values as of
| ||||||
10 | August 1, 1969 or otherwise.
| ||||||
11 | (Source: P.A. 93-812, eff. 7-26-04; 93-840, eff. 7-30-04; | ||||||
12 | 94-776, eff. 5-19-06; 94-789, eff. 5-19-06; 94-1021, eff. | ||||||
13 | 7-12-06; revised 7-14-06.)
| ||||||
14 | (35 ILCS 5/205) (from Ch. 120, par. 2-205)
| ||||||
15 | Sec. 205. Exempt organizations.
| ||||||
16 | (a) Charitable, etc. organizations. The base income of an
| ||||||
17 | organization which is exempt from the federal income tax by | ||||||
18 | reason of
Section 501(a) of the Internal Revenue Code shall not | ||||||
19 | be determined
under section 203 of this Act, but shall be its | ||||||
20 | unrelated business
taxable income as determined under section | ||||||
21 | 512 of the Internal Revenue
Code, without any deduction for the | ||||||
22 | tax imposed by this Act. The
standard exemption provided by | ||||||
23 | section 204 of this Act shall not be
allowed in determining the | ||||||
24 | net income of an organization to which this
subsection applies.
|
| |||||||
| |||||||
1 | (b) Partnerships. A partnership as such shall not be | ||||||
2 | subject to
the tax imposed by subsection 201 (a) and (b) of | ||||||
3 | this Act, but shall be
subject to the replacement tax imposed | ||||||
4 | by subsection 201 (c) and (d) of
this Act and shall compute its | ||||||
5 | base income as described in subsection (d)
of Section 203 of | ||||||
6 | this Act. For taxable years ending on or after December 31, | ||||||
7 | 2004, an investment partnership, as defined in Section | ||||||
8 | 1501(a)(11.5) of this Act, shall not be subject to the tax | ||||||
9 | imposed by subsections (c) and (d) of Section 201 of this Act.
| ||||||
10 | A partnership shall file such returns and other
information at | ||||||
11 | such
time and in such manner as may be required under Article 5 | ||||||
12 | of this Act.
The partners in a partnership shall be liable for | ||||||
13 | the replacement tax imposed
by subsection 201 (c) and (d) of | ||||||
14 | this Act on such partnership, to the extent
such tax is not | ||||||
15 | paid by the partnership, as provided under the laws of Illinois
| ||||||
16 | governing the liability of partners for the obligations of a | ||||||
17 | partnership.
Persons carrying on business as partners shall be | ||||||
18 | liable for the tax
imposed by subsection 201 (a) and (b) of | ||||||
19 | this Act only in their separate
or individual capacities.
| ||||||
20 | (c) Subchapter S corporations. A Subchapter S corporation | ||||||
21 | shall not
be subject to the tax imposed by subsection 201 (a) | ||||||
22 | and
(b) of this Act but shall be subject to the replacement tax | ||||||
23 | imposed by subsection
201 (c) and (d) of this Act and shall | ||||||
24 | file such returns
and other information
at such time and in | ||||||
25 | such manner as may be required under Article 5 of this Act.
| ||||||
26 | (d) Combat zone death. An individual relieved from the |
| |||||||
| |||||||
1 | federal
income tax for any taxable year by reason of section | ||||||
2 | 692 of the Internal
Revenue Code shall not be subject to the | ||||||
3 | tax imposed by this Act for
such taxable year.
| ||||||
4 | (e) Certain trusts. A common trust fund described in | ||||||
5 | Section 584
of the Internal Revenue Code, and any other trust | ||||||
6 | to the extent that the
grantor is treated as the owner thereof | ||||||
7 | under sections 671 through 678
of the Internal Revenue Code | ||||||
8 | shall not be subject to the tax imposed by
this Act.
| ||||||
9 | (f) Certain business activities. A person not otherwise | ||||||
10 | subject to the tax
imposed by this Act shall not become subject | ||||||
11 | to the tax imposed by this Act by
reason of:
| ||||||
12 | (1) that person's ownership of tangible personal | ||||||
13 | property located at the
premises of
a printer in this State | ||||||
14 | with which the person has contracted for printing, or
| ||||||
15 | (2) activities of the person's employees or agents | ||||||
16 | located solely at the
premises of a printer and related to | ||||||
17 | quality control, distribution, or printing
services | ||||||
18 | performed by a printer in the State with which the person | ||||||
19 | has
contracted for printing.
| ||||||
20 | (g) A nonprofit risk organization that holds a certificate | ||||||
21 | of authority under Article VIID of the Illinois Insurance Code | ||||||
22 | is exempt from the tax imposed under this Act with respect to | ||||||
23 | its activities or operations in furtherance of the powers | ||||||
24 | conferred upon it under that Article VIID of the Illinois | ||||||
25 | Insurance Code.
| ||||||
26 | (Source: P.A. 93-840, eff. 7-30-04; 93-918, eff. 1-1-05; |
| |||||||
| |||||||
1 | revised 10-25-04.)
| ||||||
2 | (35 ILCS 5/507X)
| ||||||
3 | Sec. 507X. The Multiple Sclerosis
Assistance Fund | ||||||
4 | checkoff. Beginning with taxable years ending on or
after | ||||||
5 | December 31, 2002, the Department shall print on its standard | ||||||
6 | individual
income tax form a provision indicating that if the | ||||||
7 | taxpayer wishes to
contribute to the Multiple Sclerosis
| ||||||
8 | Assistance Fund, as authorized by this amendatory Act of the | ||||||
9 | 92nd General
Assembly, he or she may do so by stating the | ||||||
10 | amount of the contribution (not
less than $1) on the return and | ||||||
11 | that the contribution will reduce the
taxpayer's refund or | ||||||
12 | increase the amount of payment to accompany the return.
Failure | ||||||
13 | to remit any amount of increased payment shall reduce the | ||||||
14 | contribution
accordingly. This Section shall not apply to any | ||||||
15 | amended return.
| ||||||
16 | (Source: P.A. 92-772, eff. 8-6-02.)
| ||||||
17 | (35 ILCS 5/507Y)
| ||||||
18 | Sec. 507Y
507X . The Illinois Military Family Relief | ||||||
19 | checkoff.
Beginning with taxable years ending on or after | ||||||
20 | December 31, 2003, the
Department shall print on its standard | ||||||
21 | individual income tax form a provision
indicating that if the | ||||||
22 | taxpayer wishes to contribute to the Illinois Military
Family | ||||||
23 | Relief Fund, as authorized by this amendatory Act of the 92nd | ||||||
24 | General
Assembly, he or she may do so by stating the amount of |
| |||||||
| |||||||
1 | the contribution (not
less than $1) on the return and that the | ||||||
2 | contribution will reduce the
taxpayer's refund or increase the | ||||||
3 | amount of payment to accompany the return.
Failure to remit any | ||||||
4 | amount of increased payment shall reduce the contribution
| ||||||
5 | accordingly. This Section shall not apply to any amended | ||||||
6 | return.
| ||||||
7 | (Source: P.A. 92-886, eff. 2-7-03; revised 3-11-03.)
| ||||||
8 | (35 ILCS 5/507AA)
| ||||||
9 | Sec. 507AA
507Y . The Lou Gehrig's Disease (ALS) Research | ||||||
10 | Fund
checkoff.
Beginning with the taxable year ending on | ||||||
11 | December 31, 2003, the
Department shall print on its standard | ||||||
12 | individual income tax form a provision
indicating that if the | ||||||
13 | taxpayer wishes to contribute to the Lou Gehrig's
Disease (ALS) | ||||||
14 | Research Fund, as authorized by this amendatory Act of the 93rd
| ||||||
15 | General Assembly, he or she may do so by stating the amount of | ||||||
16 | the contribution
(not less than $1) on the return and that the | ||||||
17 | contribution will reduce the
taxpayer's refund or increase the | ||||||
18 | amount of payment to accompany the return.
Failure to remit any | ||||||
19 | amount of increased payment shall reduce the contribution
| ||||||
20 | accordingly. This Section shall not apply to any amended | ||||||
21 | return.
| ||||||
22 | (Source: P.A. 93-36, eff. 6-24-03; revised 9-24-03.)
| ||||||
23 | (35 ILCS 5/507BB)
| ||||||
24 | Sec. 507BB
507Y . Asthma and Lung Research checkoff. The |
| |||||||
| |||||||
1 | Department
must print on
its
standard individual income tax | ||||||
2 | form a provision indicating that if the taxpayer
wishes to
| ||||||
3 | contribute to the Asthma and Lung Research Fund, as authorized | ||||||
4 | by this
amendatory Act
of the 93rd General Assembly, he or she | ||||||
5 | may do so by stating the amount of the
contribution (not less | ||||||
6 | than $1) on the return and that the contribution will
reduce | ||||||
7 | the
taxpayer's refund or increase the amount of payment to | ||||||
8 | accompany the return.
Failure to
remit any amount of increased | ||||||
9 | payment reduces the contribution accordingly.
This
Section | ||||||
10 | does not apply to an amended return.
| ||||||
11 | (Source: P.A. 93-292, eff. 7-22-03; revised 9-24-03.)
| ||||||
12 | (35 ILCS 5/507CC)
| ||||||
13 | Sec. 507CC
507Y . The Leukemia Treatment and Education | ||||||
14 | checkoff. The
Department
shall print on its standard individual | ||||||
15 | income tax form a provision indicating
that if the taxpayer | ||||||
16 | wishes to contribute to the Leukemia Treatment and
Education
| ||||||
17 | Fund, as authorized by this amendatory Act of the 93rd General | ||||||
18 | Assembly, he or
she may do so be
stating the amount of the | ||||||
19 | contribution (not less than $1) on the return and
that the | ||||||
20 | contribution will reduce the taxpayer's refund or increase the | ||||||
21 | amount
of payment to accompany the return. Failure to remit any | ||||||
22 | amount of increased
payment shall reduce the contribution | ||||||
23 | accordingly. This Section shall not
apply to any amended | ||||||
24 | return.
| ||||||
25 | (Source: P.A. 93-324, eff. 7-23-03; revised 9-24-03.)
|
| |||||||
| |||||||
1 | (35 ILCS 5/507EE)
| ||||||
2 | Sec. 507EE. Pet Population Control Fund checkoff. The | ||||||
3 | Department must print on its standard individual income tax | ||||||
4 | form a provision indicating that if the taxpayer wishes to | ||||||
5 | contribute to the Pet Population Control Fund, as established | ||||||
6 | in the Illinois Public Health and Safety Animal Population | ||||||
7 | Control Act, he or she may do so by stating the amount of the | ||||||
8 | contribution (not less than $1) on the return and that the | ||||||
9 | contribution will reduce the taxpayer's refund or increase the | ||||||
10 | amount of payment to accompany the return. Failure to remit any | ||||||
11 | amount of increased payment reduces the contribution | ||||||
12 | accordingly. This Section does not apply to any amended return. | ||||||
13 | The Department of Revenue shall determine annually the | ||||||
14 | total amount contributed to the Fund pursuant to this Section | ||||||
15 | and shall notify the State Comptroller and the State Treasurer | ||||||
16 | of the amount to be transferred to the Pet Population Control | ||||||
17 | Fund, and upon receipt of the notification the State | ||||||
18 | Comptroller shall transfer the amount.
| ||||||
19 | (Source: P.A. 94-639, eff. 8-22-05.)
| ||||||
20 | (35 ILCS 5/507FF)
| ||||||
21 | Sec. 507FF
507EE . Epilepsy Treatment and Education | ||||||
22 | Grants-in-Aid Fund checkoff. The Department
must print on its | ||||||
23 | standard individual income tax form a provision indicating
that | ||||||
24 | if the taxpayer wishes to contribute to the Epilepsy Treatment |
| |||||||
| |||||||
1 | and Education
Grants-in-Aid Fund, as authorized by Public Act | ||||||
2 | 94-73
this amendatory Act of the 94th General
Assembly , he or | ||||||
3 | she may do
so by stating the amount of the contribution (not | ||||||
4 | less than $1) on the return
and that the contribution will | ||||||
5 | reduce the taxpayer's refund or increase the
amount of payment | ||||||
6 | to accompany the return. Failure to remit any amount of
| ||||||
7 | increased payment reduces the contribution accordingly. This | ||||||
8 | Section
does not apply to any amended return.
| ||||||
9 | (Source: P.A. 94-73, eff. 6-23-05; revised 9-26-05.)
| ||||||
10 | (35 ILCS 5/507GG)
| ||||||
11 | Sec. 507GG
507EE . Diabetes Research Checkoff Fund | ||||||
12 | checkoff. For
taxable years ending on or after December 31, | ||||||
13 | 2005, the
Department must print on its standard individual | ||||||
14 | income tax
form a provision indicating that if the taxpayer | ||||||
15 | wishes to
contribute to the Diabetes Research Checkoff Fund, as | ||||||
16 | authorized
by Public 94-107
this amendatory Act of the 94th | ||||||
17 | General Assembly , he or she
may do so by stating the amount of | ||||||
18 | the contribution (not less
than $1) on the return and that the | ||||||
19 | contribution will reduce the taxpayer's refund or increase the | ||||||
20 | amount of payment to
accompany the return. Failure to remit any | ||||||
21 | amount of increased payment shall reduce the contribution | ||||||
22 | accordingly. This Section does not apply to any amended return.
| ||||||
23 | (Source: P.A. 94-107, eff. 7-1-05; revised 9-26-05.)
| ||||||
24 | (35 ILCS 5/507HH)
|
| |||||||
| |||||||
1 | Sec. 507HH
507EE . Sarcoidosis Research Fund checkoff. The | ||||||
2 | Department shall print on its standard individual income tax | ||||||
3 | form a provision indicating that if the taxpayer wishes to | ||||||
4 | contribute to the Sarcoidosis Research Fund, as authorized by | ||||||
5 | Public Act 94-141
this amendatory Act of the 94th General | ||||||
6 | Assembly , he or she may do so by stating the amount of the | ||||||
7 | contribution (not less than $1) on the return and that the | ||||||
8 | contribution will reduce the taxpayer's refund or increase the | ||||||
9 | amount of payment to accompany the return. Failure to remit any | ||||||
10 | amount of increased payment shall reduce the contribution | ||||||
11 | accordingly. This Section shall not apply to any amended | ||||||
12 | return.
| ||||||
13 | (Source: P.A. 94-141, eff. 1-1-06; revised 9-26-05.)
| ||||||
14 | (35 ILCS 5/507II)
| ||||||
15 | Sec. 507II
507EE . The Vince Demuzio Memorial Colon Cancer | ||||||
16 | Fund checkoff. For
taxable years ending on or after December | ||||||
17 | 31, 2005, the
Department must print on its standard individual | ||||||
18 | income tax
form a provision indicating that if the taxpayer | ||||||
19 | wishes to
contribute to the Vince Demuzio Memorial Colon Cancer | ||||||
20 | Fund, as authorized
by Public Act 94-142
this amendatory Act of | ||||||
21 | the 94th General Assembly , he or she
may do so by stating the | ||||||
22 | amount of the contribution (not less
than $1) on the return and | ||||||
23 | that the contribution will reduce the taxpayer's refund or | ||||||
24 | increase the amount of payment to
accompany the return. Failure | ||||||
25 | to remit any amount of increased payment shall reduce the |
| |||||||
| |||||||
1 | contribution accordingly. This Section does not apply to any | ||||||
2 | amended return.
| ||||||
3 | (Source: P.A. 94-142, eff. 1-1-06; revised 9-26-05.)
| ||||||
4 | (35 ILCS 5/507JJ)
| ||||||
5 | Sec. 507JJ
507EE . The Autism Research Fund checkoff. For
| ||||||
6 | taxable years ending on or after December 31, 2005, the
| ||||||
7 | Department must print on its standard individual income tax
| ||||||
8 | form a provision indicating that if the taxpayer wishes to
| ||||||
9 | contribute to the Autism Research Fund, as authorized
by Public | ||||||
10 | Act 94-442
this amendatory Act of the 94th General Assembly , he | ||||||
11 | or she
may do so by stating the amount of the contribution (not | ||||||
12 | less
than $1) on the return and that the contribution will | ||||||
13 | reduce the taxpayer's refund or increase the amount of payment | ||||||
14 | to
accompany the return. Failure to remit any amount of | ||||||
15 | increased payment shall reduce the contribution accordingly. | ||||||
16 | This Section does not apply to any amended return.
| ||||||
17 | (Source: P.A. 94-442, eff. 8-4-05; revised 9-26-05.)
| ||||||
18 | (35 ILCS 5/507KK)
| ||||||
19 | Sec. 507KK
507EE . Blindness Prevention Fund checkoff. For | ||||||
20 | taxable years ending on or after December 31, 2005, the | ||||||
21 | Department
shall print on its standard individual income tax | ||||||
22 | form a provision indicating
that if the taxpayer wishes to | ||||||
23 | contribute to the Blindness Prevention Fund, as authorized by | ||||||
24 | Public Act 94-602
this amendatory Act of the 94th General |
| |||||||
| |||||||
1 | Assembly , he or she may do so by
stating the amount of the | ||||||
2 | contribution (not less than $1) on the return and
that the | ||||||
3 | contribution will reduce the taxpayer's refund or increase the | ||||||
4 | amount
of payment to accompany the return. Failure to remit any | ||||||
5 | amount of increased
payment shall reduce the contribution | ||||||
6 | accordingly. This Section shall not
apply to any amended | ||||||
7 | return.
| ||||||
8 | (Source: P.A. 94-602, eff. 8-16-05; revised 9-26-05.)
| ||||||
9 | (35 ILCS 5/507LL)
| ||||||
10 | Sec. 507LL
507EE . The Illinois Brain Tumor Research | ||||||
11 | checkoff. For taxable years ending on or after December 31, | ||||||
12 | 2005, the Department shall print on its standard individual | ||||||
13 | income tax form a provision indicating that if the taxpayer | ||||||
14 | wishes to contribute to the Illinois Brain Tumor Research Fund, | ||||||
15 | as authorized by Public Act 94-649
this amendatory Act of the | ||||||
16 | 94th General Assembly , he or she may do so by stating the | ||||||
17 | amount of the contribution (not less than $1) on the return and | ||||||
18 | that the contribution will reduce the taxpayer's refund or | ||||||
19 | increase the amount of payment to accompany the return. Failure | ||||||
20 | to remit any amount of increased payment shall reduce the | ||||||
21 | contribution accordingly. This Section shall not apply to any | ||||||
22 | amended return.
| ||||||
23 | (Source: P.A. 94-649, eff. 8-22-05; revised 9-26-05.)
| ||||||
24 | (35 ILCS 5/507NN)
|
| |||||||
| |||||||
1 | Sec. 507NN
507EE . The Heartsaver AED Fund checkoff. For
| ||||||
2 | taxable years ending on or after December 31, 2005, the
| ||||||
3 | Department must print on its standard individual income tax
| ||||||
4 | form a provision indicating that if the taxpayer wishes to
| ||||||
5 | contribute to the Heartsaver AED Fund, as authorized
by this | ||||||
6 | amendatory Act of the 94th General Assembly, he or she
may do | ||||||
7 | so by stating the amount of the contribution (not less
than $1) | ||||||
8 | on the return and that the contribution will reduce the | ||||||
9 | taxpayer's refund or increase the amount of payment to
| ||||||
10 | accompany the return. Failure to remit any amount of increased | ||||||
11 | payment shall reduce the contribution accordingly. This | ||||||
12 | Section does not apply to any amended return. | ||||||
13 | (Source: P.A. 94-876, eff. 6-19-06; revised 8-29-06.)
| ||||||
14 | (35 ILCS 5/509) (from Ch. 120, par. 5-509)
| ||||||
15 | Sec. 509. Tax checkoff explanations. All individual income | ||||||
16 | tax return forms
shall contain appropriate explanations and | ||||||
17 | spaces to enable the taxpayers to
designate contributions to | ||||||
18 | the following funds:
the Child Abuse Prevention Fund,
the | ||||||
19 | Illinois Wildlife Preservation Fund (as required by the | ||||||
20 | Illinois
Non-Game Wildlife Protection Act),
the Alzheimer's | ||||||
21 | Disease Research Fund (as required by the Alzheimer's
Disease | ||||||
22 | Research Act),
the Assistance to the Homeless Fund (as required | ||||||
23 | by this Act),
the Penny Severns Breast and Cervical Cancer | ||||||
24 | Research Fund,
the National World War II Memorial Fund,
the | ||||||
25 | Prostate Cancer Research Fund,
the Lou Gehrig's Disease (ALS) |
| |||||||
| |||||||
1 | Research Fund,
the Multiple Sclerosis Assistance Fund,
the | ||||||
2 | Sarcoidosis Research Fund, the Leukemia Treatment and | ||||||
3 | Education Fund,
the World War II Illinois Veterans Memorial | ||||||
4 | Fund,
the Korean War Veterans National Museum and Library Fund,
| ||||||
5 | the Illinois Military Family Relief Fund,
the Blindness | ||||||
6 | Prevention Fund, the Illinois Veterans' Homes Fund, the | ||||||
7 | Epilepsy Treatment and Education Grants-in-Aid Fund, the | ||||||
8 | Diabetes Research Checkoff Fund, the Vince Demuzio Memorial | ||||||
9 | Colon Cancer Fund, the Autism Research Fund, the Heartsaver AED | ||||||
10 | Fund, the Asthma and Lung Research Fund, and the Illinois Brain | ||||||
11 | Tumor Research Fund.
| ||||||
12 | Each form shall contain a statement that the contributions | ||||||
13 | will reduce the
taxpayer's refund or increase the amount of | ||||||
14 | payment to accompany the return.
Failure to remit any amount of | ||||||
15 | increased payment shall reduce the contribution
accordingly.
| ||||||
16 | If, on October 1 of any year, the total contributions to | ||||||
17 | any one of the
funds made under this Section do not equal | ||||||
18 | $100,000 or more, the explanations
and spaces for designating | ||||||
19 | contributions to the fund shall be removed from the
individual | ||||||
20 | income tax return forms for the following and all subsequent | ||||||
21 | years
and all subsequent contributions to the fund shall be | ||||||
22 | refunded to the taxpayer.
| ||||||
23 | (Source: P.A. 93-36, eff. 6-24-03; 93-131, eff. 7-10-03; | ||||||
24 | 93-292, eff. 7-22-03; 93-324, eff. 7-23-03; 93-776, eff. | ||||||
25 | 7-21-04; 94-73, eff. 6-23-05; 94-107, eff. 7-1-05; 94-141, eff. | ||||||
26 | 1-1-06; 94-142, eff. 1-1-06; 94-442, eff. 8-4-05; 94-602, eff. |
| |||||||
| |||||||
1 | 8-16-05; 94-649, eff. 8-22-05; 94-876, eff. 6-19-06; revised | ||||||
2 | 8-3-06.)
| ||||||
3 | (35 ILCS 5/510) (from Ch. 120, par. 5-510)
| ||||||
4 | Sec. 510. Determination of amounts contributed. The | ||||||
5 | Department shall
determine the total amount contributed to each | ||||||
6 | of the following:
the Child Abuse Prevention Fund,
the Illinois | ||||||
7 | Wildlife Preservation Fund,
the Assistance to the Homeless | ||||||
8 | Fund,
the Alzheimer's Disease Research Fund,
the Penny Severns | ||||||
9 | Breast and Cervical Cancer Research Fund,
the National World | ||||||
10 | War II Memorial Fund,
the Prostate Cancer Research Fund,
the | ||||||
11 | Illinois Military Family Relief Fund,
the Lou Gehrig's Disease | ||||||
12 | (ALS) Research Fund,
the Multiple Sclerosis Assistance Fund,
| ||||||
13 | the Sarcoidosis Research Fund, the Leukemia Treatment and | ||||||
14 | Education Fund,
the World War II Illinois Veterans Memorial | ||||||
15 | Fund,
the Korean War Veterans National Museum and Library Fund, | ||||||
16 | the Illinois Veterans' Homes Fund, the Epilepsy Treatment and | ||||||
17 | Education Grants-in-Aid Fund,
the Diabetes Research Checkoff | ||||||
18 | Fund, the Vince Demuzio Memorial Colon Cancer Fund, the Autism | ||||||
19 | Research Fund, the Blindness Prevention Fund, the Heartsaver | ||||||
20 | AED Fund, the Asthma and Lung Research Fund, and the Illinois | ||||||
21 | Brain Tumor Research Fund;
and shall notify the State | ||||||
22 | Comptroller and the State Treasurer of the amounts
to be | ||||||
23 | transferred from the General Revenue Fund to each fund, and | ||||||
24 | upon receipt
of such notification the State Treasurer and | ||||||
25 | Comptroller shall transfer the
amounts.
|
| |||||||
| |||||||
1 | (Source: P.A. 93-36, eff. 6-24-03; 93-131, eff. 7-10-03; | ||||||
2 | 93-292, eff. 7-22-03; 93-324, eff. 7-23-03; 93-776, eff. | ||||||
3 | 7-21-04; 94-73, eff. 6-23-05; 94-107, eff. 7-1-05; 94-141, eff. | ||||||
4 | 1-1-06; 94-142, eff. 1-1-06; 94-442, eff. 8-4-05; 94-602, eff. | ||||||
5 | 8-16-05; 94-649, eff. 8-22-05; 94-876, eff. 6-19-06; revised | ||||||
6 | 8-3-06.)
| ||||||
7 | (35 ILCS 5/917) (from Ch. 120, par. 9-917)
| ||||||
8 | Sec. 917. Confidentiality and information sharing.
| ||||||
9 | (a) Confidentiality.
Except as provided in this Section, | ||||||
10 | all information received by the Department
from returns filed | ||||||
11 | under this Act, or from any investigation conducted under
the | ||||||
12 | provisions of this Act, shall be confidential, except for | ||||||
13 | official purposes
within the Department or pursuant to official | ||||||
14 | procedures for collection
of any State tax or pursuant to an | ||||||
15 | investigation or audit by the Illinois
State Scholarship | ||||||
16 | Commission of a delinquent student loan or monetary award
or | ||||||
17 | enforcement of any civil or criminal penalty or sanction
| ||||||
18 | imposed by this Act or by another statute imposing a State tax, | ||||||
19 | and any
person who divulges any such information in any manner, | ||||||
20 | except for such
purposes and pursuant to order of the Director | ||||||
21 | or in accordance with a proper
judicial order, shall be guilty | ||||||
22 | of a Class A misdemeanor. However, the
provisions of this | ||||||
23 | paragraph are not applicable to information furnished
to (i) | ||||||
24 | the Department of Healthcare and Family Services (formerly
| ||||||
25 | Department of Public Aid ) , State's Attorneys, and the Attorney |
| |||||||
| |||||||
1 | General for child support enforcement purposes and (ii) a | ||||||
2 | licensed attorney representing the taxpayer where an appeal or | ||||||
3 | a protest
has been filed on behalf of the taxpayer. If it is | ||||||
4 | necessary to file information obtained pursuant to this Act in | ||||||
5 | a child support enforcement proceeding, the information shall | ||||||
6 | be filed under seal.
| ||||||
7 | (b) Public information. Nothing contained in this Act shall | ||||||
8 | prevent
the Director from publishing or making available to the | ||||||
9 | public the names
and addresses of persons filing returns under | ||||||
10 | this Act, or from publishing
or making available reasonable | ||||||
11 | statistics concerning the operation of the
tax wherein the | ||||||
12 | contents of returns are grouped into aggregates in such a
way | ||||||
13 | that the information contained in any individual return shall | ||||||
14 | not be
disclosed.
| ||||||
15 | (c) Governmental agencies. The Director may make available | ||||||
16 | to the
Secretary of the Treasury of the United States or his | ||||||
17 | delegate, or the
proper officer or his delegate of any other | ||||||
18 | state imposing a tax upon or
measured by income, for | ||||||
19 | exclusively official purposes, information received
by the | ||||||
20 | Department in the administration of this Act, but such | ||||||
21 | permission
shall be granted only if the United States or such | ||||||
22 | other state, as the case
may be, grants the Department | ||||||
23 | substantially similar privileges. The Director
may exchange | ||||||
24 | information with the Illinois Department of Healthcare and | ||||||
25 | Family Services
Public Aid and the
Department of Human Services | ||||||
26 | (acting as successor to the Department of Public
Aid under the |
| |||||||
| |||||||
1 | Department of Human Services Act) for
the purpose of verifying | ||||||
2 | sources and amounts of income and for other purposes
directly | ||||||
3 | connected with the administration of this Act and the Illinois
| ||||||
4 | Public Aid Code. The Director may exchange information with the | ||||||
5 | Director of
the Department of Employment Security for the | ||||||
6 | purpose of verifying sources
and amounts of income and for | ||||||
7 | other purposes directly connected with the
administration of | ||||||
8 | this Act and Acts administered by the Department of
Employment
| ||||||
9 | Security.
The Director may make available to the Illinois | ||||||
10 | Workers' Compensation Commission
information regarding | ||||||
11 | employers for the purpose of verifying the insurance
coverage | ||||||
12 | required under the Workers' Compensation Act and Workers'
| ||||||
13 | Occupational Diseases Act. The Director may exchange | ||||||
14 | information with the Illinois Department on Aging for the | ||||||
15 | purpose of verifying sources and amounts of income for purposes | ||||||
16 | directly related to confirming eligibility for participation | ||||||
17 | in the programs of benefits authorized by the Senior Citizens | ||||||
18 | and Disabled Persons Property Tax Relief and Pharmaceutical | ||||||
19 | Assistance Act.
| ||||||
20 | The Director may make available to any State agency, | ||||||
21 | including the
Illinois Supreme Court, which licenses persons to | ||||||
22 | engage in any occupation,
information that a person licensed by | ||||||
23 | such agency has failed to file
returns under this Act or pay | ||||||
24 | the tax, penalty and interest shown therein,
or has failed to | ||||||
25 | pay any final assessment of tax, penalty or interest due
under | ||||||
26 | this Act.
The Director may make available to any State agency, |
| |||||||
| |||||||
1 | including the Illinois
Supreme
Court, information regarding | ||||||
2 | whether a bidder, contractor, or an affiliate of a
bidder or
| ||||||
3 | contractor has failed to file returns under this Act or pay the | ||||||
4 | tax, penalty,
and interest
shown therein, or has failed to pay | ||||||
5 | any final assessment of tax, penalty, or
interest due
under | ||||||
6 | this Act, for the limited purpose of enforcing bidder and | ||||||
7 | contractor
certifications.
For purposes of this Section, the | ||||||
8 | term "affiliate" means any entity that (1)
directly,
| ||||||
9 | indirectly, or constructively controls another entity, (2) is | ||||||
10 | directly,
indirectly, or
constructively controlled by another | ||||||
11 | entity, or (3) is subject to the control
of
a common
entity. | ||||||
12 | For purposes of this subsection (a), an entity controls another | ||||||
13 | entity
if
it owns,
directly or individually, more than 10% of | ||||||
14 | the voting securities of that
entity.
As used in
this | ||||||
15 | subsection (a), the term "voting security" means a security | ||||||
16 | that (1)
confers upon the
holder the right to vote for the | ||||||
17 | election of members of the board of directors
or similar
| ||||||
18 | governing body of the business or (2) is convertible into, or | ||||||
19 | entitles the
holder to receive
upon its exercise, a security | ||||||
20 | that confers such a right to vote. A general
partnership
| ||||||
21 | interest is a voting security.
| ||||||
22 | The Director may make available to any State agency, | ||||||
23 | including the
Illinois
Supreme Court, units of local | ||||||
24 | government, and school districts, information
regarding
| ||||||
25 | whether a bidder or contractor is an affiliate of a person who | ||||||
26 | is not
collecting
and
remitting Illinois Use taxes, for the |
| |||||||
| |||||||
1 | limited purpose of enforcing bidder and
contractor
| ||||||
2 | certifications.
| ||||||
3 | The Director may also make available to the Secretary of | ||||||
4 | State
information that a corporation which has been issued a | ||||||
5 | certificate of
incorporation by the Secretary of State has | ||||||
6 | failed to file returns under
this Act or pay the tax, penalty | ||||||
7 | and interest shown therein, or has failed
to pay any final | ||||||
8 | assessment of tax, penalty or interest due under this Act.
An | ||||||
9 | assessment is final when all proceedings in court for
review of | ||||||
10 | such assessment have terminated or the time for the taking
| ||||||
11 | thereof has expired without such proceedings being instituted. | ||||||
12 | For
taxable years ending on or after December 31, 1987, the | ||||||
13 | Director may make
available to the Director or principal | ||||||
14 | officer of any Department of the
State of Illinois, information | ||||||
15 | that a person employed by such Department
has failed to file | ||||||
16 | returns under this Act or pay the tax, penalty and
interest | ||||||
17 | shown therein. For purposes of this paragraph, the word
| ||||||
18 | "Department" shall have the same meaning as provided in Section | ||||||
19 | 3 of the
State Employees Group Insurance Act of 1971.
| ||||||
20 | (d) The Director shall make available for public
inspection | ||||||
21 | in the Department's principal office and for publication, at | ||||||
22 | cost,
administrative decisions issued on or after January
1, | ||||||
23 | 1995. These decisions are to be made available in a manner so | ||||||
24 | that the
following
taxpayer information is not disclosed:
| ||||||
25 | (1) The names, addresses, and identification numbers | ||||||
26 | of the taxpayer,
related entities, and employees.
|
| |||||||
| |||||||
1 | (2) At the sole discretion of the Director, trade | ||||||
2 | secrets
or other confidential information identified as | ||||||
3 | such by the taxpayer, no later
than 30 days after receipt | ||||||
4 | of an administrative decision, by such means as the
| ||||||
5 | Department shall provide by rule.
| ||||||
6 | The Director shall determine the
appropriate extent of the
| ||||||
7 | deletions allowed in paragraph (2). In the event the taxpayer | ||||||
8 | does not submit
deletions,
the Director shall make only the | ||||||
9 | deletions specified in paragraph (1).
| ||||||
10 | The Director shall make available for public inspection and | ||||||
11 | publication an
administrative decision within 180 days after | ||||||
12 | the issuance of the
administrative
decision. The term | ||||||
13 | "administrative decision" has the same meaning as defined in
| ||||||
14 | Section 3-101 of Article III of the Code of Civil Procedure. | ||||||
15 | Costs collected
under this Section shall be paid into the Tax | ||||||
16 | Compliance and Administration
Fund.
| ||||||
17 | (e) Nothing contained in this Act shall prevent the | ||||||
18 | Director from
divulging
information to any person pursuant to a | ||||||
19 | request or authorization made by the
taxpayer, by an authorized | ||||||
20 | representative of the taxpayer, or, in the case of
information | ||||||
21 | related to a joint return, by the spouse filing the joint | ||||||
22 | return
with the taxpayer.
| ||||||
23 | (Source: P.A. 93-25, eff. 6-20-03; 93-721, eff. 1-1-05; 93-835; | ||||||
24 | eff. 7-29-04; 93-841, eff. 7-30-04; revised 12-15-05.)
| ||||||
25 | Section 385. The Use Tax Act is amended by changing Section |
| |||||||
| |||||||
1 | 12 as follows:
| ||||||
2 | (35 ILCS 105/12) (from Ch. 120, par. 439.12)
| ||||||
3 | Sec. 12. Applicability of Retailers' Occupation Tax Act and | ||||||
4 | Uniform Penalty
and Interest Act. All of the provisions of | ||||||
5 | Sections 1d, 1e, 1f, 1i, 1j,
1j.1, 1k,
1m,
1n, 1o, 2-6, 2-54, | ||||||
6 | 2a, 2b, 2c, 3, 4 (except that the time limitation provisions
| ||||||
7 | shall run
from the date when the tax is due rather than from | ||||||
8 | the date when gross
receipts are received), 5 (except that the | ||||||
9 | time limitation provisions on
the issuance of notices of tax | ||||||
10 | liability shall run from the date when the
tax is due rather | ||||||
11 | than from the date when gross receipts are received and
except | ||||||
12 | that in the case of a failure to file a return required by this | ||||||
13 | Act, no
notice of tax liability shall be issued on and after | ||||||
14 | each July 1 and January 1
covering tax due with that return | ||||||
15 | during any month or period more than 6 years
before that July 1 | ||||||
16 | or January 1, respectively), 5a,
5b, 5c, 5d, 5e, 5f, 5g, 5h, | ||||||
17 | 5j, 5k, 5l, 7, 8, 9, 10, 11 and 12 of
the Retailers' Occupation | ||||||
18 | Tax Act and Section 3-7 of the Uniform
Penalty and Interest | ||||||
19 | Act, which are not inconsistent with this Act,
shall apply, as | ||||||
20 | far as practicable, to the subject matter of this Act to
the | ||||||
21 | same extent as if such provisions were included herein.
| ||||||
22 | (Source: P.A. 94-781, eff. 5-19-06; 94-1021, eff. 7-12-06; | ||||||
23 | revised 8-03-06.)
| ||||||
24 | Section 390. The Service Use Tax Act is amended by changing |
| |||||||
| |||||||
1 | Section 12 as follows:
| ||||||
2 | (35 ILCS 110/12) (from Ch. 120, par. 439.42)
| ||||||
3 | Sec. 12. Applicability of Retailers' Occupation Tax Act and | ||||||
4 | Uniform
Penalty and Interest Act. All of the provisions of | ||||||
5 | Sections 1d, 1e, 1f, 1i,
1j, 1j.1, 1k, 1m,
1n, 1o, 2-6, 2-54, | ||||||
6 | 2a, 2b, 2c, 3 (except as to the disposition by the Department
| ||||||
7 | of the
money collected under this Act), 4 (except that the time | ||||||
8 | limitation
provisions shall run from the date when gross | ||||||
9 | receipts are received), 5
(except that the time limitation | ||||||
10 | provisions on the issuance of notices of
tax liability shall | ||||||
11 | run from the date when the tax is due rather than from
the date | ||||||
12 | when gross receipts are received and except that in the case of | ||||||
13 | a
failure to file a return required by this Act, no notice of | ||||||
14 | tax liability shall
be issued on and after July 1 and January 1 | ||||||
15 | covering tax due with that return
during any month or period | ||||||
16 | more than 6 years before that July 1 or January
1, | ||||||
17 | respectively), 5a, 5b, 5c, 5d, 5e, 5f, 5g,
5j, 5k, 5l, 7, 8, 9, | ||||||
18 | 10, 11 and 12 of the Retailers' Occupation Tax Act which
are | ||||||
19 | not inconsistent with this Act, and Section 3-7 of the Uniform
| ||||||
20 | Penalty and Interest Act, shall apply, as far as practicable, | ||||||
21 | to
the subject matter of this Act to the same extent as if such | ||||||
22 | provisions
were included herein.
| ||||||
23 | (Source: P.A. 94-781, eff. 5-19-06; 94-1021, eff. 7-12-06; | ||||||
24 | revised 8-03-06.)
|
| |||||||
| |||||||
1 | Section 395. The Service Occupation Tax Act is amended by | ||||||
2 | changing Section 12 as follows:
| ||||||
3 | (35 ILCS 115/12) (from Ch. 120, par. 439.112)
| ||||||
4 | Sec. 12. All of the provisions of Sections 1d, 1e, 1f, 1i, | ||||||
5 | 1j, 1j.1, 1k,
1m,
1n, 1o, 2-6, 2-54, 2a, 2b, 2c, 3 (except as to | ||||||
6 | the disposition by the Department
of the
tax collected under | ||||||
7 | this Act), 4 (except that the time limitation
provisions shall | ||||||
8 | run from the date when the tax is due rather than from the
date | ||||||
9 | when gross receipts are received), 5 (except that the time | ||||||
10 | limitation
provisions on the issuance of notices of tax | ||||||
11 | liability shall run from the
date when the tax is due rather | ||||||
12 | than from the date when gross receipts are
received), 5a, 5b, | ||||||
13 | 5c, 5d, 5e, 5f, 5g, 5j, 5k, 5l, 7, 8, 9, 10, 11 and
12 of the | ||||||
14 | "Retailers' Occupation Tax Act" which are not inconsistent with | ||||||
15 | this
Act, and Section 3-7 of the Uniform Penalty and Interest | ||||||
16 | Act shall
apply, as far as practicable, to the subject matter | ||||||
17 | of this Act
to the same extent as if such provisions were | ||||||
18 | included herein.
| ||||||
19 | (Source: P.A. 94-781, eff. 5-19-06; 94-1021, eff. 7-12-06; | ||||||
20 | revised 8-03-06.)
| ||||||
21 | Section 400. The Retailers' Occupation Tax Act is amended | ||||||
22 | by changing Section 3 as follows:
| ||||||
23 | (35 ILCS 120/3) (from Ch. 120, par. 442)
|
| |||||||
| |||||||
1 | Sec. 3. Except as provided in this Section, on or before | ||||||
2 | the twentieth
day of each calendar month, every person engaged | ||||||
3 | in the business of
selling tangible personal property at retail | ||||||
4 | in this State during the
preceding calendar month shall file a | ||||||
5 | return with the Department, stating:
| ||||||
6 | 1. The name of the seller;
| ||||||
7 | 2. His residence address and the address of his | ||||||
8 | principal place of
business and the address of the | ||||||
9 | principal place of business (if that is
a different | ||||||
10 | address) from which he engages in the business of selling
| ||||||
11 | tangible personal property at retail in this State;
| ||||||
12 | 3. Total amount of receipts received by him during the | ||||||
13 | preceding
calendar month or quarter, as the case may be, | ||||||
14 | from sales of tangible
personal property, and from services | ||||||
15 | furnished, by him during such
preceding calendar month or | ||||||
16 | quarter;
| ||||||
17 | 4. Total amount received by him during the preceding | ||||||
18 | calendar month or
quarter on charge and time sales of | ||||||
19 | tangible personal property, and from
services furnished, | ||||||
20 | by him prior to the month or quarter for which the return
| ||||||
21 | is filed;
| ||||||
22 | 5. Deductions allowed by law;
| ||||||
23 | 6. Gross receipts which were received by him during the | ||||||
24 | preceding
calendar month or quarter and upon the basis of | ||||||
25 | which the tax is imposed;
| ||||||
26 | 7. The amount of credit provided in Section 2d of this |
| |||||||
| |||||||
1 | Act;
| ||||||
2 | 8. The amount of tax due;
| ||||||
3 | 9. The signature of the taxpayer; and
| ||||||
4 | 10. Such other reasonable information as the | ||||||
5 | Department may require.
| ||||||
6 | If a taxpayer fails to sign a return within 30 days after | ||||||
7 | the proper notice
and demand for signature by the Department, | ||||||
8 | the return shall be considered
valid and any amount shown to be | ||||||
9 | due on the return shall be deemed assessed.
| ||||||
10 | Each return shall be accompanied by the statement of | ||||||
11 | prepaid tax issued
pursuant to Section 2e for which credit is | ||||||
12 | claimed.
| ||||||
13 | Prior to October 1, 2003, and on and after September 1, | ||||||
14 | 2004 a retailer may accept a Manufacturer's Purchase
Credit
| ||||||
15 | certification from a purchaser in satisfaction of Use Tax
as | ||||||
16 | provided in Section 3-85 of the Use Tax Act if the purchaser | ||||||
17 | provides the
appropriate documentation as required by Section | ||||||
18 | 3-85
of the Use Tax Act. A Manufacturer's Purchase Credit
| ||||||
19 | certification, accepted by a retailer prior to October 1, 2003 | ||||||
20 | and on and after September 1, 2004 as provided
in
Section 3-85 | ||||||
21 | of the Use Tax Act, may be used by that retailer to
satisfy | ||||||
22 | Retailers' Occupation Tax liability in the amount claimed in
| ||||||
23 | the certification, not to exceed 6.25% of the receipts
subject | ||||||
24 | to tax from a qualifying purchase. A Manufacturer's Purchase | ||||||
25 | Credit
reported on any original or amended return
filed under
| ||||||
26 | this Act after October 20, 2003 for reporting periods prior to |
| |||||||
| |||||||
1 | September 1, 2004 shall be disallowed. Manufacturer's | ||||||
2 | Purchaser Credit reported on annual returns due on or after | ||||||
3 | January 1, 2005 will be disallowed for periods prior to | ||||||
4 | September 1, 2004. No Manufacturer's
Purchase Credit may be | ||||||
5 | used after September 30, 2003 through August 31, 2004 to
| ||||||
6 | satisfy any
tax liability imposed under this Act, including any | ||||||
7 | audit liability.
| ||||||
8 | The Department may require returns to be filed on a | ||||||
9 | quarterly basis.
If so required, a return for each calendar | ||||||
10 | quarter shall be filed on or
before the twentieth day of the | ||||||
11 | calendar month following the end of such
calendar quarter. The | ||||||
12 | taxpayer shall also file a return with the
Department for each | ||||||
13 | of the first two months of each calendar quarter, on or
before | ||||||
14 | the twentieth day of the following calendar month, stating:
| ||||||
15 | 1. The name of the seller;
| ||||||
16 | 2. The address of the principal place of business from | ||||||
17 | which he engages
in the business of selling tangible | ||||||
18 | personal property at retail in this State;
| ||||||
19 | 3. The total amount of taxable receipts received by him | ||||||
20 | during the
preceding calendar month from sales of tangible | ||||||
21 | personal property by him
during such preceding calendar | ||||||
22 | month, including receipts from charge and
time sales, but | ||||||
23 | less all deductions allowed by law;
| ||||||
24 | 4. The amount of credit provided in Section 2d of this | ||||||
25 | Act;
| ||||||
26 | 5. The amount of tax due; and
|
| |||||||
| |||||||
1 | 6. Such other reasonable information as the Department | ||||||
2 | may
require.
| ||||||
3 | Beginning on October 1, 2003, any person who is not a | ||||||
4 | licensed
distributor, importing distributor, or manufacturer, | ||||||
5 | as defined in the Liquor
Control Act of 1934, but is engaged in | ||||||
6 | the business of
selling, at retail, alcoholic liquor
shall file | ||||||
7 | a statement with the Department of Revenue, in a format
and at | ||||||
8 | a time prescribed by the Department, showing the total amount | ||||||
9 | paid for
alcoholic liquor purchased during the preceding month | ||||||
10 | and such other
information as is reasonably required by the | ||||||
11 | Department.
The Department may adopt rules to require
that this | ||||||
12 | statement be filed in an electronic or telephonic format. Such | ||||||
13 | rules
may provide for exceptions from the filing requirements | ||||||
14 | of this paragraph. For
the
purposes of this
paragraph, the term | ||||||
15 | "alcoholic liquor" shall have the meaning prescribed in the
| ||||||
16 | Liquor Control Act of 1934.
| ||||||
17 | Beginning on October 1, 2003, every distributor, importing | ||||||
18 | distributor, and
manufacturer of alcoholic liquor as defined in | ||||||
19 | the Liquor Control Act of 1934,
shall file a
statement with the | ||||||
20 | Department of Revenue, no later than the 10th day of the
month | ||||||
21 | for the
preceding month during which transactions occurred, by | ||||||
22 | electronic means,
showing the
total amount of gross receipts | ||||||
23 | from the sale of alcoholic liquor sold or
distributed during
| ||||||
24 | the preceding month to purchasers; identifying the purchaser to | ||||||
25 | whom it was
sold or
distributed; the purchaser's tax | ||||||
26 | registration number; and such other
information
reasonably |
| |||||||
| |||||||
1 | required by the Department. A distributor, importing | ||||||
2 | distributor, or manufacturer of alcoholic liquor must | ||||||
3 | personally deliver, mail, or provide by electronic means to | ||||||
4 | each retailer listed on the monthly statement a report | ||||||
5 | containing a cumulative total of that distributor's, importing | ||||||
6 | distributor's, or manufacturer's total sales of alcoholic | ||||||
7 | liquor to that retailer no later than the 10th day of the month | ||||||
8 | for the preceding month during which the transaction occurred. | ||||||
9 | The distributor, importing distributor, or manufacturer shall | ||||||
10 | notify the retailer as to the method by which the distributor, | ||||||
11 | importing distributor, or manufacturer will provide the sales | ||||||
12 | information. If the retailer is unable to receive the sales | ||||||
13 | information by electronic means, the distributor, importing | ||||||
14 | distributor, or manufacturer shall furnish the sales | ||||||
15 | information by personal delivery or by mail. For purposes of | ||||||
16 | this paragraph, the term "electronic means" includes, but is | ||||||
17 | not limited to, the use of a secure Internet website, e-mail, | ||||||
18 | or facsimile.
| ||||||
19 | If a total amount of less than $1 is payable, refundable or | ||||||
20 | creditable,
such amount shall be disregarded if it is less than | ||||||
21 | 50 cents and shall be
increased to $1 if it is 50 cents or more.
| ||||||
22 | Beginning October 1, 1993,
a taxpayer who has an average | ||||||
23 | monthly tax liability of $150,000 or more shall
make all | ||||||
24 | payments required by rules of the
Department by electronic | ||||||
25 | funds transfer. Beginning October 1, 1994, a taxpayer
who has | ||||||
26 | an average monthly tax liability of $100,000 or more shall make |
| |||||||
| |||||||
1 | all
payments required by rules of the Department by electronic | ||||||
2 | funds transfer.
Beginning October 1, 1995, a taxpayer who has | ||||||
3 | an average monthly tax liability
of $50,000 or more shall make | ||||||
4 | all
payments required by rules of the Department by electronic | ||||||
5 | funds transfer.
Beginning October 1, 2000, a taxpayer who has | ||||||
6 | an annual tax liability of
$200,000 or more shall make all | ||||||
7 | payments required by rules of the Department by
electronic | ||||||
8 | funds transfer. The term "annual tax liability" shall be the | ||||||
9 | sum of
the taxpayer's liabilities under this Act, and under all | ||||||
10 | other State and local
occupation and use tax laws administered | ||||||
11 | by the Department, for the immediately
preceding calendar year.
| ||||||
12 | The term "average monthly tax liability" shall be the sum of | ||||||
13 | the
taxpayer's liabilities under this
Act, and under all other | ||||||
14 | State and local occupation and use tax
laws administered by the | ||||||
15 | Department, for the immediately preceding calendar
year | ||||||
16 | divided by 12.
Beginning on October 1, 2002, a taxpayer who has | ||||||
17 | a tax liability in the
amount set forth in subsection (b) of | ||||||
18 | Section 2505-210 of the Department of
Revenue Law shall make | ||||||
19 | all payments required by rules of the Department by
electronic | ||||||
20 | funds transfer.
| ||||||
21 | Before August 1 of each year beginning in 1993, the | ||||||
22 | Department shall
notify all taxpayers required to make payments | ||||||
23 | by electronic funds
transfer. All taxpayers
required to make | ||||||
24 | payments by electronic funds transfer shall make those
payments | ||||||
25 | for
a minimum of one year beginning on October 1.
| ||||||
26 | Any taxpayer not required to make payments by electronic |
| |||||||
| |||||||
1 | funds transfer may
make payments by electronic funds transfer | ||||||
2 | with
the permission of the Department.
| ||||||
3 | All taxpayers required to make payment by electronic funds | ||||||
4 | transfer and
any taxpayers authorized to voluntarily make | ||||||
5 | payments by electronic funds
transfer shall make those payments | ||||||
6 | in the manner authorized by the Department.
| ||||||
7 | The Department shall adopt such rules as are necessary to | ||||||
8 | effectuate a
program of electronic funds transfer and the | ||||||
9 | requirements of this Section.
| ||||||
10 | Any amount which is required to be shown or reported on any | ||||||
11 | return or
other document under this Act shall, if such amount | ||||||
12 | is not a whole-dollar
amount, be increased to the nearest | ||||||
13 | whole-dollar amount in any case where
the fractional part of a | ||||||
14 | dollar is 50 cents or more, and decreased to the
nearest | ||||||
15 | whole-dollar amount where the fractional part of a dollar is | ||||||
16 | less
than 50 cents.
| ||||||
17 | If the retailer is otherwise required to file a monthly | ||||||
18 | return and if the
retailer's average monthly tax liability to | ||||||
19 | the Department does not exceed
$200, the Department may | ||||||
20 | authorize his returns to be filed on a quarter
annual basis, | ||||||
21 | with the return for January, February and March of a given
year | ||||||
22 | being due by April 20 of such year; with the return for April, | ||||||
23 | May and
June of a given year being due by July 20 of such year; | ||||||
24 | with the return for
July, August and September of a given year | ||||||
25 | being due by October 20 of such
year, and with the return for | ||||||
26 | October, November and December of a given
year being due by |
| |||||||
| |||||||
1 | January 20 of the following year.
| ||||||
2 | If the retailer is otherwise required to file a monthly or | ||||||
3 | quarterly
return and if the retailer's average monthly tax | ||||||
4 | liability with the
Department does not exceed $50, the | ||||||
5 | Department may authorize his returns to
be filed on an annual | ||||||
6 | basis, with the return for a given year being due by
January 20 | ||||||
7 | of the following year.
| ||||||
8 | Such quarter annual and annual returns, as to form and | ||||||
9 | substance,
shall be subject to the same requirements as monthly | ||||||
10 | returns.
| ||||||
11 | Notwithstanding any other provision in this Act concerning | ||||||
12 | the time
within which a retailer may file his return, in the | ||||||
13 | case of any retailer
who ceases to engage in a kind of business | ||||||
14 | which makes him responsible
for filing returns under this Act, | ||||||
15 | such retailer shall file a final
return under this Act with the | ||||||
16 | Department not more than one month after
discontinuing such | ||||||
17 | business.
| ||||||
18 | Where the same person has more than one business registered | ||||||
19 | with the
Department under separate registrations under this | ||||||
20 | Act, such person may
not file each return that is due as a | ||||||
21 | single return covering all such
registered businesses, but | ||||||
22 | shall file separate returns for each such
registered business.
| ||||||
23 | In addition, with respect to motor vehicles, watercraft,
| ||||||
24 | aircraft, and trailers that are required to be registered with | ||||||
25 | an agency of
this State, every
retailer selling this kind of | ||||||
26 | tangible personal property shall file,
with the Department, |
| |||||||
| |||||||
1 | upon a form to be prescribed and supplied by the
Department, a | ||||||
2 | separate return for each such item of tangible personal
| ||||||
3 | property which the retailer sells, except that if, in the same
| ||||||
4 | transaction, (i) a retailer of aircraft, watercraft, motor | ||||||
5 | vehicles or
trailers transfers more than one aircraft, | ||||||
6 | watercraft, motor
vehicle or trailer to another aircraft, | ||||||
7 | watercraft, motor vehicle
retailer or trailer retailer for the | ||||||
8 | purpose of resale
or (ii) a retailer of aircraft, watercraft, | ||||||
9 | motor vehicles, or trailers
transfers more than one aircraft, | ||||||
10 | watercraft, motor vehicle, or trailer to a
purchaser for use as | ||||||
11 | a qualifying rolling stock as provided in Section 2-5 of
this | ||||||
12 | Act, then
that seller may report the transfer of all aircraft,
| ||||||
13 | watercraft, motor vehicles or trailers involved in that | ||||||
14 | transaction to the
Department on the same uniform | ||||||
15 | invoice-transaction reporting return form. For
purposes of | ||||||
16 | this Section, "watercraft" means a Class 2, Class 3, or Class 4
| ||||||
17 | watercraft as defined in Section 3-2 of the Boat Registration | ||||||
18 | and Safety Act, a
personal watercraft, or any boat equipped | ||||||
19 | with an inboard motor.
| ||||||
20 | Any retailer who sells only motor vehicles, watercraft,
| ||||||
21 | aircraft, or trailers that are required to be registered with | ||||||
22 | an agency of
this State, so that all
retailers' occupation tax | ||||||
23 | liability is required to be reported, and is
reported, on such | ||||||
24 | transaction reporting returns and who is not otherwise
required | ||||||
25 | to file monthly or quarterly returns, need not file monthly or
| ||||||
26 | quarterly returns. However, those retailers shall be required |
| |||||||
| |||||||
1 | to
file returns on an annual basis.
| ||||||
2 | The transaction reporting return, in the case of motor | ||||||
3 | vehicles
or trailers that are required to be registered with an | ||||||
4 | agency of this
State, shall
be the same document as the Uniform | ||||||
5 | Invoice referred to in Section 5-402
of The Illinois Vehicle | ||||||
6 | Code and must show the name and address of the
seller; the name | ||||||
7 | and address of the purchaser; the amount of the selling
price | ||||||
8 | including the amount allowed by the retailer for traded-in
| ||||||
9 | property, if any; the amount allowed by the retailer for the | ||||||
10 | traded-in
tangible personal property, if any, to the extent to | ||||||
11 | which Section 1 of
this Act allows an exemption for the value | ||||||
12 | of traded-in property; the
balance payable after deducting such | ||||||
13 | trade-in allowance from the total
selling price; the amount of | ||||||
14 | tax due from the retailer with respect to
such transaction; the | ||||||
15 | amount of tax collected from the purchaser by the
retailer on | ||||||
16 | such transaction (or satisfactory evidence that such tax is
not | ||||||
17 | due in that particular instance, if that is claimed to be the | ||||||
18 | fact);
the place and date of the sale; a sufficient | ||||||
19 | identification of the
property sold; such other information as | ||||||
20 | is required in Section 5-402 of
The Illinois Vehicle Code, and | ||||||
21 | such other information as the Department
may reasonably | ||||||
22 | require.
| ||||||
23 | The transaction reporting return in the case of watercraft
| ||||||
24 | or aircraft must show
the name and address of the seller; the | ||||||
25 | name and address of the
purchaser; the amount of the selling | ||||||
26 | price including the amount allowed
by the retailer for |
| |||||||
| |||||||
1 | traded-in property, if any; the amount allowed by
the retailer | ||||||
2 | for the traded-in tangible personal property, if any, to
the | ||||||
3 | extent to which Section 1 of this Act allows an exemption for | ||||||
4 | the
value of traded-in property; the balance payable after | ||||||
5 | deducting such
trade-in allowance from the total selling price; | ||||||
6 | the amount of tax due
from the retailer with respect to such | ||||||
7 | transaction; the amount of tax
collected from the purchaser by | ||||||
8 | the retailer on such transaction (or
satisfactory evidence that | ||||||
9 | such tax is not due in that particular
instance, if that is | ||||||
10 | claimed to be the fact); the place and date of the
sale, a | ||||||
11 | sufficient identification of the property sold, and such other
| ||||||
12 | information as the Department may reasonably require.
| ||||||
13 | Such transaction reporting return shall be filed not later | ||||||
14 | than 20
days after the day of delivery of the item that is | ||||||
15 | being sold, but may
be filed by the retailer at any time sooner | ||||||
16 | than that if he chooses to
do so. The transaction reporting | ||||||
17 | return and tax remittance or proof of
exemption from the | ||||||
18 | Illinois use tax may be transmitted to the Department
by way of | ||||||
19 | the State agency with which, or State officer with whom the
| ||||||
20 | tangible personal property must be titled or registered (if | ||||||
21 | titling or
registration is required) if the Department and such | ||||||
22 | agency or State
officer determine that this procedure will | ||||||
23 | expedite the processing of
applications for title or | ||||||
24 | registration.
| ||||||
25 | With each such transaction reporting return, the retailer | ||||||
26 | shall remit
the proper amount of tax due (or shall submit |
| |||||||
| |||||||
1 | satisfactory evidence that
the sale is not taxable if that is | ||||||
2 | the case), to the Department or its
agents, whereupon the | ||||||
3 | Department shall issue, in the purchaser's name, a
use tax | ||||||
4 | receipt (or a certificate of exemption if the Department is
| ||||||
5 | satisfied that the particular sale is tax exempt) which such | ||||||
6 | purchaser
may submit to the agency with which, or State officer | ||||||
7 | with whom, he must
title or register the tangible personal | ||||||
8 | property that is involved (if
titling or registration is | ||||||
9 | required) in support of such purchaser's
application for an | ||||||
10 | Illinois certificate or other evidence of title or
registration | ||||||
11 | to such tangible personal property.
| ||||||
12 | No retailer's failure or refusal to remit tax under this | ||||||
13 | Act
precludes a user, who has paid the proper tax to the | ||||||
14 | retailer, from
obtaining his certificate of title or other | ||||||
15 | evidence of title or
registration (if titling or registration | ||||||
16 | is required) upon satisfying
the Department that such user has | ||||||
17 | paid the proper tax (if tax is due) to
the retailer. The | ||||||
18 | Department shall adopt appropriate rules to carry out
the | ||||||
19 | mandate of this paragraph.
| ||||||
20 | If the user who would otherwise pay tax to the retailer | ||||||
21 | wants the
transaction reporting return filed and the payment of | ||||||
22 | the tax or proof
of exemption made to the Department before the | ||||||
23 | retailer is willing to
take these actions and such user has not | ||||||
24 | paid the tax to the retailer,
such user may certify to the fact | ||||||
25 | of such delay by the retailer and may
(upon the Department | ||||||
26 | being satisfied of the truth of such certification)
transmit |
| |||||||
| |||||||
1 | the information required by the transaction reporting return
| ||||||
2 | and the remittance for tax or proof of exemption directly to | ||||||
3 | the
Department and obtain his tax receipt or exemption | ||||||
4 | determination, in
which event the transaction reporting return | ||||||
5 | and tax remittance (if a
tax payment was required) shall be | ||||||
6 | credited by the Department to the
proper retailer's account | ||||||
7 | with the Department, but without the 2.1% or 1.75%
discount | ||||||
8 | provided for in this Section being allowed. When the user pays
| ||||||
9 | the tax directly to the Department, he shall pay the tax in the | ||||||
10 | same
amount and in the same form in which it would be remitted | ||||||
11 | if the tax had
been remitted to the Department by the retailer.
| ||||||
12 | Refunds made by the seller during the preceding return | ||||||
13 | period to
purchasers, on account of tangible personal property | ||||||
14 | returned to the
seller, shall be allowed as a deduction under | ||||||
15 | subdivision 5 of his monthly
or quarterly return, as the case | ||||||
16 | may be, in case the
seller had theretofore included the | ||||||
17 | receipts from the sale of such
tangible personal property in a | ||||||
18 | return filed by him and had paid the tax
imposed by this Act | ||||||
19 | with respect to such receipts.
| ||||||
20 | Where the seller is a corporation, the return filed on | ||||||
21 | behalf of such
corporation shall be signed by the president, | ||||||
22 | vice-president, secretary
or treasurer or by the properly | ||||||
23 | accredited agent of such corporation.
| ||||||
24 | Where the seller is a limited liability company, the return | ||||||
25 | filed on behalf
of the limited liability company shall be | ||||||
26 | signed by a manager, member, or
properly accredited agent of |
| |||||||
| |||||||
1 | the limited liability company.
| ||||||
2 | Except as provided in this Section, the retailer filing the | ||||||
3 | return
under this Section shall, at the time of filing such | ||||||
4 | return, pay to the
Department the amount of tax imposed by this | ||||||
5 | Act less a discount of 2.1%
prior to January 1, 1990 and 1.75% | ||||||
6 | on and after January 1, 1990, or $5 per
calendar year, | ||||||
7 | whichever is greater, which is allowed to
reimburse the | ||||||
8 | retailer for the expenses incurred in keeping records,
| ||||||
9 | preparing and filing returns, remitting the tax and supplying | ||||||
10 | data to
the Department on request. Any prepayment made pursuant | ||||||
11 | to Section 2d
of this Act shall be included in the amount on | ||||||
12 | which such
2.1% or 1.75% discount is computed. In the case of | ||||||
13 | retailers who report
and pay the tax on a transaction by | ||||||
14 | transaction basis, as provided in this
Section, such discount | ||||||
15 | shall be taken with each such tax remittance
instead of when | ||||||
16 | such retailer files his periodic return.
| ||||||
17 | Before October 1, 2000, if the taxpayer's average monthly | ||||||
18 | tax liability
to the Department
under this Act, the Use Tax | ||||||
19 | Act, the Service Occupation Tax
Act, and the Service Use Tax | ||||||
20 | Act, excluding any liability for prepaid sales
tax to be | ||||||
21 | remitted in accordance with Section 2d of this Act, was
$10,000
| ||||||
22 | or more during the preceding 4 complete calendar quarters, he | ||||||
23 | shall file a
return with the Department each month by the 20th | ||||||
24 | day of the month next
following the month during which such tax | ||||||
25 | liability is incurred and shall
make payments to the Department | ||||||
26 | on or before the 7th, 15th, 22nd and last
day of the month |
| |||||||
| |||||||
1 | during which such liability is incurred.
On and after October | ||||||
2 | 1, 2000, if the taxpayer's average monthly tax liability
to the | ||||||
3 | Department under this Act, the Use Tax Act, the Service | ||||||
4 | Occupation Tax
Act, and the Service Use Tax Act, excluding any | ||||||
5 | liability for prepaid sales tax
to be remitted in accordance | ||||||
6 | with Section 2d of this Act, was $20,000 or more
during the | ||||||
7 | preceding 4 complete calendar quarters, he shall file a return | ||||||
8 | with
the Department each month by the 20th day of the month | ||||||
9 | next following the month
during which such tax liability is | ||||||
10 | incurred and shall make payment to the
Department on or before | ||||||
11 | the 7th, 15th, 22nd and last day of the month during
which such | ||||||
12 | liability is incurred.
If the month
during which such tax | ||||||
13 | liability is incurred began prior to January 1, 1985,
each | ||||||
14 | payment shall be in an amount equal to 1/4 of the taxpayer's | ||||||
15 | actual
liability for the month or an amount set by the | ||||||
16 | Department not to exceed
1/4 of the average monthly liability | ||||||
17 | of the taxpayer to the Department for
the preceding 4 complete | ||||||
18 | calendar quarters (excluding the month of highest
liability and | ||||||
19 | the month of lowest liability in such 4 quarter period). If
the | ||||||
20 | month during which such tax liability is incurred begins on or | ||||||
21 | after
January 1, 1985 and prior to January 1, 1987, each | ||||||
22 | payment shall be in an
amount equal to 22.5% of the taxpayer's | ||||||
23 | actual liability for the month or
27.5% of the taxpayer's | ||||||
24 | liability for the same calendar
month of the preceding year. If | ||||||
25 | the month during which such tax
liability is incurred begins on | ||||||
26 | or after January 1, 1987 and prior to
January 1, 1988, each |
| |||||||
| |||||||
1 | payment shall be in an amount equal to 22.5% of the
taxpayer's | ||||||
2 | actual liability for the month or 26.25% of the taxpayer's
| ||||||
3 | liability for the same calendar month of the preceding year. If | ||||||
4 | the month
during which such tax liability is incurred begins on | ||||||
5 | or after January 1,
1988, and prior to January 1, 1989, or | ||||||
6 | begins on or after January 1, 1996, each
payment shall be in an | ||||||
7 | amount
equal to 22.5% of the taxpayer's actual liability for | ||||||
8 | the month or 25% of
the taxpayer's liability for the same | ||||||
9 | calendar month of the preceding year. If
the month during which | ||||||
10 | such tax liability is incurred begins on or after
January 1, | ||||||
11 | 1989, and prior to January 1, 1996, each payment shall be in an
| ||||||
12 | amount equal to 22.5% of the
taxpayer's actual liability for | ||||||
13 | the month or 25% of the taxpayer's
liability for the same | ||||||
14 | calendar month of the preceding year or 100% of the
taxpayer's | ||||||
15 | actual liability for the quarter monthly reporting period. The
| ||||||
16 | amount of such quarter monthly payments shall be credited | ||||||
17 | against
the final tax liability of the taxpayer's return for | ||||||
18 | that month. Before
October 1, 2000, once
applicable, the | ||||||
19 | requirement of the making of quarter monthly payments to
the | ||||||
20 | Department by taxpayers having an average monthly tax liability | ||||||
21 | of
$10,000 or more as determined in the manner provided above
| ||||||
22 | shall continue
until such taxpayer's average monthly liability | ||||||
23 | to the Department during
the preceding 4 complete calendar | ||||||
24 | quarters (excluding the month of highest
liability and the | ||||||
25 | month of lowest liability) is less than
$9,000, or until
such | ||||||
26 | taxpayer's average monthly liability to the Department as |
| |||||||
| |||||||
1 | computed for
each calendar quarter of the 4 preceding complete | ||||||
2 | calendar quarter period
is less than $10,000. However, if a | ||||||
3 | taxpayer can show the
Department that
a substantial change in | ||||||
4 | the taxpayer's business has occurred which causes
the taxpayer | ||||||
5 | to anticipate that his average monthly tax liability for the
| ||||||
6 | reasonably foreseeable future will fall below the $10,000 | ||||||
7 | threshold
stated above, then
such taxpayer
may petition the | ||||||
8 | Department for a change in such taxpayer's reporting
status. On | ||||||
9 | and after October 1, 2000, once applicable, the requirement of
| ||||||
10 | the making of quarter monthly payments to the Department by | ||||||
11 | taxpayers having an
average monthly tax liability of $20,000 or | ||||||
12 | more as determined in the manner
provided above shall continue | ||||||
13 | until such taxpayer's average monthly liability
to the | ||||||
14 | Department during the preceding 4 complete calendar quarters | ||||||
15 | (excluding
the month of highest liability and the month of | ||||||
16 | lowest liability) is less than
$19,000 or until such taxpayer's | ||||||
17 | average monthly liability to the Department as
computed for | ||||||
18 | each calendar quarter of the 4 preceding complete calendar | ||||||
19 | quarter
period is less than $20,000. However, if a taxpayer can | ||||||
20 | show the Department
that a substantial change in the taxpayer's | ||||||
21 | business has occurred which causes
the taxpayer to anticipate | ||||||
22 | that his average monthly tax liability for the
reasonably | ||||||
23 | foreseeable future will fall below the $20,000 threshold stated
| ||||||
24 | above, then such taxpayer may petition the Department for a | ||||||
25 | change in such
taxpayer's reporting status. The Department | ||||||
26 | shall change such taxpayer's
reporting status
unless it finds |
| |||||||
| |||||||
1 | that such change is seasonal in nature and not likely to be
| ||||||
2 | long term. If any such quarter monthly payment is not paid at | ||||||
3 | the time or
in the amount required by this Section, then the | ||||||
4 | taxpayer shall be liable for
penalties and interest on the | ||||||
5 | difference
between the minimum amount due as a payment and the | ||||||
6 | amount of such quarter
monthly payment actually and timely | ||||||
7 | paid, except insofar as the
taxpayer has previously made | ||||||
8 | payments for that month to the Department in
excess of the | ||||||
9 | minimum payments previously due as provided in this Section.
| ||||||
10 | The Department shall make reasonable rules and regulations to | ||||||
11 | govern the
quarter monthly payment amount and quarter monthly | ||||||
12 | payment dates for
taxpayers who file on other than a calendar | ||||||
13 | monthly basis.
| ||||||
14 | The provisions of this paragraph apply before October 1, | ||||||
15 | 2001.
Without regard to whether a taxpayer is required to make | ||||||
16 | quarter monthly
payments as specified above, any taxpayer who | ||||||
17 | is required by Section 2d
of this Act to collect and remit | ||||||
18 | prepaid taxes and has collected prepaid
taxes which average in | ||||||
19 | excess of $25,000 per month during the preceding
2 complete | ||||||
20 | calendar quarters, shall file a return with the Department as
| ||||||
21 | required by Section 2f and shall make payments to the | ||||||
22 | Department on or before
the 7th, 15th, 22nd and last day of the | ||||||
23 | month during which such liability
is incurred. If the month | ||||||
24 | during which such tax liability is incurred
began prior to the | ||||||
25 | effective date of this amendatory Act of 1985, each
payment | ||||||
26 | shall be in an amount not less than 22.5% of the taxpayer's |
| |||||||
| |||||||
1 | actual
liability under Section 2d. If the month during which | ||||||
2 | such tax liability
is incurred begins on or after January 1, | ||||||
3 | 1986, each payment shall be in an
amount equal to 22.5% of the | ||||||
4 | taxpayer's actual liability for the month or
27.5% of the | ||||||
5 | taxpayer's liability for the same calendar month of the
| ||||||
6 | preceding calendar year. If the month during which such tax | ||||||
7 | liability is
incurred begins on or after January 1, 1987, each | ||||||
8 | payment shall be in an
amount equal to 22.5% of the taxpayer's | ||||||
9 | actual liability for the month or
26.25% of the taxpayer's | ||||||
10 | liability for the same calendar month of the
preceding year. | ||||||
11 | The amount of such quarter monthly payments shall be
credited | ||||||
12 | against the final tax liability of the taxpayer's return for | ||||||
13 | that
month filed under this Section or Section 2f, as the case | ||||||
14 | may be. Once
applicable, the requirement of the making of | ||||||
15 | quarter monthly payments to
the Department pursuant to this | ||||||
16 | paragraph shall continue until such
taxpayer's average monthly | ||||||
17 | prepaid tax collections during the preceding 2
complete | ||||||
18 | calendar quarters is $25,000 or less. If any such quarter | ||||||
19 | monthly
payment is not paid at the time or in the amount | ||||||
20 | required, the taxpayer
shall be liable for penalties and | ||||||
21 | interest on such difference, except
insofar as the taxpayer has | ||||||
22 | previously made payments for that month in
excess of the | ||||||
23 | minimum payments previously due.
| ||||||
24 | The provisions of this paragraph apply on and after October | ||||||
25 | 1, 2001.
Without regard to whether a taxpayer is required to | ||||||
26 | make quarter monthly
payments as specified above, any taxpayer |
| |||||||
| |||||||
1 | who is required by Section 2d of this
Act to collect and remit | ||||||
2 | prepaid taxes and has collected prepaid taxes that
average in | ||||||
3 | excess of $20,000 per month during the preceding 4 complete | ||||||
4 | calendar
quarters shall file a return with the Department as | ||||||
5 | required by Section 2f
and shall make payments to the | ||||||
6 | Department on or before the 7th, 15th, 22nd and
last day of the | ||||||
7 | month during which the liability is incurred. Each payment
| ||||||
8 | shall be in an amount equal to 22.5% of the taxpayer's actual | ||||||
9 | liability for the
month or 25% of the taxpayer's liability for | ||||||
10 | the same calendar month of the
preceding year. The amount of | ||||||
11 | the quarter monthly payments shall be credited
against the | ||||||
12 | final tax liability of the taxpayer's return for that month | ||||||
13 | filed
under this Section or Section 2f, as the case may be. | ||||||
14 | Once applicable, the
requirement of the making of quarter | ||||||
15 | monthly payments to the Department
pursuant to this paragraph | ||||||
16 | shall continue until the taxpayer's average monthly
prepaid tax | ||||||
17 | collections during the preceding 4 complete calendar quarters
| ||||||
18 | (excluding the month of highest liability and the month of | ||||||
19 | lowest liability) is
less than $19,000 or until such taxpayer's | ||||||
20 | average monthly liability to the
Department as computed for | ||||||
21 | each calendar quarter of the 4 preceding complete
calendar | ||||||
22 | quarters is less than $20,000. If any such quarter monthly | ||||||
23 | payment is
not paid at the time or in the amount required, the | ||||||
24 | taxpayer shall be liable
for penalties and interest on such | ||||||
25 | difference, except insofar as the taxpayer
has previously made | ||||||
26 | payments for that month in excess of the minimum payments
|
| |||||||
| |||||||
1 | previously due.
| ||||||
2 | If any payment provided for in this Section exceeds
the | ||||||
3 | taxpayer's liabilities under this Act, the Use Tax Act, the | ||||||
4 | Service
Occupation Tax Act and the Service Use Tax Act, as | ||||||
5 | shown on an original
monthly return, the Department shall, if | ||||||
6 | requested by the taxpayer, issue to
the taxpayer a credit | ||||||
7 | memorandum no later than 30 days after the date of
payment. The | ||||||
8 | credit evidenced by such credit memorandum may
be assigned by | ||||||
9 | the taxpayer to a similar taxpayer under this Act, the
Use Tax | ||||||
10 | Act, the Service Occupation Tax Act or the Service Use Tax Act, | ||||||
11 | in
accordance with reasonable rules and regulations to be | ||||||
12 | prescribed by the
Department. If no such request is made, the | ||||||
13 | taxpayer may credit such excess
payment against tax liability | ||||||
14 | subsequently to be remitted to the Department
under this Act, | ||||||
15 | the Use Tax Act, the Service Occupation Tax Act or the
Service | ||||||
16 | Use Tax Act, in accordance with reasonable rules and | ||||||
17 | regulations
prescribed by the Department. If the Department | ||||||
18 | subsequently determined
that all or any part of the credit | ||||||
19 | taken was not actually due to the
taxpayer, the taxpayer's 2.1% | ||||||
20 | and 1.75% vendor's discount shall be reduced
by 2.1% or 1.75% | ||||||
21 | of the difference between the credit taken and that
actually | ||||||
22 | due, and that taxpayer shall be liable for penalties and | ||||||
23 | interest
on such difference.
| ||||||
24 | If a retailer of motor fuel is entitled to a credit under | ||||||
25 | Section 2d of
this Act which exceeds the taxpayer's liability | ||||||
26 | to the Department under
this Act for the month which the |
| |||||||
| |||||||
1 | taxpayer is filing a return, the
Department shall issue the | ||||||
2 | taxpayer a credit memorandum for the excess.
| ||||||
3 | Beginning January 1, 1990, each month the Department shall | ||||||
4 | pay into
the Local Government Tax Fund, a special fund in the | ||||||
5 | State treasury which
is hereby created, the net revenue | ||||||
6 | realized for the preceding month from
the 1% tax on sales of | ||||||
7 | food for human consumption which is to be consumed
off the | ||||||
8 | premises where it is sold (other than alcoholic beverages, soft
| ||||||
9 | drinks and food which has been prepared for immediate | ||||||
10 | consumption) and
prescription and nonprescription medicines, | ||||||
11 | drugs, medical appliances and
insulin, urine testing | ||||||
12 | materials, syringes and needles used by diabetics.
| ||||||
13 | Beginning January 1, 1990, each month the Department shall | ||||||
14 | pay into
the County and Mass Transit District Fund, a special | ||||||
15 | fund in the State
treasury which is hereby created, 4% of the | ||||||
16 | net revenue realized
for the preceding month from the 6.25% | ||||||
17 | general rate.
| ||||||
18 | Beginning August 1, 2000, each
month the Department shall | ||||||
19 | pay into the
County and Mass Transit District Fund 20% of the | ||||||
20 | net revenue realized for the
preceding month from the 1.25% | ||||||
21 | rate on the selling price of motor fuel and
gasohol.
| ||||||
22 | Beginning January 1, 1990, each month the Department shall | ||||||
23 | pay into
the Local Government Tax Fund 16% of the net revenue | ||||||
24 | realized for the
preceding month from the 6.25% general rate on | ||||||
25 | the selling price of
tangible personal property.
| ||||||
26 | Beginning August 1, 2000, each
month the Department shall |
| ||||||||||||||
| ||||||||||||||
1 | pay into the
Local Government Tax Fund 80% of the net revenue | |||||||||||||
2 | realized for the preceding
month from the 1.25% rate on the | |||||||||||||
3 | selling price of motor fuel and gasohol.
| |||||||||||||
4 | Of the remainder of the moneys received by the Department | |||||||||||||
5 | pursuant
to this Act, (a) 1.75% thereof shall be paid into the | |||||||||||||
6 | Build Illinois
Fund and (b) prior to July 1, 1989, 2.2% and on | |||||||||||||
7 | and after July 1, 1989,
3.8% thereof shall be paid into the | |||||||||||||
8 | Build Illinois Fund; provided, however,
that if in any fiscal | |||||||||||||
9 | year the sum of (1) the aggregate of 2.2% or 3.8%, as
the case | |||||||||||||
10 | may be, of the moneys received by the Department and required | |||||||||||||
11 | to
be paid into the Build Illinois Fund pursuant to this Act, | |||||||||||||
12 | Section 9 of the
Use Tax Act, Section 9 of the Service Use Tax | |||||||||||||
13 | Act, and Section 9 of the
Service Occupation Tax Act, such Acts | |||||||||||||
14 | being hereinafter called the "Tax
Acts" and such aggregate of | |||||||||||||
15 | 2.2% or 3.8%, as the case may be, of moneys
being hereinafter | |||||||||||||
16 | called the "Tax Act Amount", and (2) the amount
transferred to | |||||||||||||
17 | the Build Illinois Fund from the State and Local Sales Tax
| |||||||||||||
18 | Reform Fund shall be less than the Annual Specified Amount (as | |||||||||||||
19 | hereinafter
defined), an amount equal to the difference shall | |||||||||||||
20 | be immediately paid into
the Build Illinois Fund from other | |||||||||||||
21 | moneys received by the Department
pursuant to the Tax Acts; the | |||||||||||||
22 | "Annual Specified Amount" means the amounts
specified below for | |||||||||||||
23 | fiscal years 1986 through 1993:
| |||||||||||||
|
| ||||||||||||||||||||||||||
| ||||||||||||||||||||||||||
| ||||||||||||||||||||||||||
7 | and means the Certified Annual Debt Service Requirement (as | |||||||||||||||||||||||||
8 | defined in
Section 13 of the Build Illinois Bond Act) or the | |||||||||||||||||||||||||
9 | Tax Act Amount, whichever
is greater, for fiscal year 1994 and | |||||||||||||||||||||||||
10 | each fiscal year thereafter; and
further provided, that if on | |||||||||||||||||||||||||
11 | the last business day of any month the sum of
(1) the Tax Act | |||||||||||||||||||||||||
12 | Amount required to be deposited into the Build Illinois
Bond | |||||||||||||||||||||||||
13 | Account in the Build Illinois Fund during such month and (2) | |||||||||||||||||||||||||
14 | the
amount transferred to the Build Illinois Fund from the | |||||||||||||||||||||||||
15 | State and Local
Sales Tax Reform Fund shall have been less than | |||||||||||||||||||||||||
16 | 1/12 of the Annual
Specified Amount, an amount equal to the | |||||||||||||||||||||||||
17 | difference shall be immediately
paid into the Build Illinois | |||||||||||||||||||||||||
18 | Fund from other moneys received by the
Department pursuant to | |||||||||||||||||||||||||
19 | the Tax Acts; and, further provided, that in no
event shall the | |||||||||||||||||||||||||
20 | payments required under the preceding proviso result in
| |||||||||||||||||||||||||
21 | aggregate payments into the Build Illinois Fund pursuant to | |||||||||||||||||||||||||
22 | this clause (b)
for any fiscal year in excess of the greater of | |||||||||||||||||||||||||
23 | (i) the Tax Act Amount or
(ii) the Annual Specified Amount for | |||||||||||||||||||||||||
24 | such fiscal year. The amounts payable
into the Build Illinois | |||||||||||||||||||||||||
25 | Fund under clause (b) of the first sentence in this
paragraph | |||||||||||||||||||||||||
26 | shall be payable only until such time as the aggregate amount |
| |||||||
| |||||||
1 | on
deposit under each trust indenture securing Bonds issued and | ||||||
2 | outstanding
pursuant to the Build Illinois Bond Act is | ||||||
3 | sufficient, taking into account
any future investment income, | ||||||
4 | to fully provide, in accordance with such
indenture, for the | ||||||
5 | defeasance of or the payment of the principal of,
premium, if | ||||||
6 | any, and interest on the Bonds secured by such indenture and on
| ||||||
7 | any Bonds expected to be issued thereafter and all fees and | ||||||
8 | costs payable
with respect thereto, all as certified by the | ||||||
9 | Director of the Bureau of the
Budget (now Governor's Office of | ||||||
10 | Management and Budget). If on the last
business day of any | ||||||
11 | month in which Bonds are
outstanding pursuant to the Build | ||||||
12 | Illinois Bond Act, the aggregate of
moneys deposited in the | ||||||
13 | Build Illinois Bond Account in the Build Illinois
Fund in such | ||||||
14 | month shall be less than the amount required to be transferred
| ||||||
15 | in such month from the Build Illinois Bond Account to the Build | ||||||
16 | Illinois
Bond Retirement and Interest Fund pursuant to Section | ||||||
17 | 13 of the Build
Illinois Bond Act, an amount equal to such | ||||||
18 | deficiency shall be immediately
paid from other moneys received | ||||||
19 | by the Department pursuant to the Tax Acts
to the Build | ||||||
20 | Illinois Fund; provided, however, that any amounts paid to the
| ||||||
21 | Build Illinois Fund in any fiscal year pursuant to this | ||||||
22 | sentence shall be
deemed to constitute payments pursuant to | ||||||
23 | clause (b) of the first sentence
of this paragraph and shall | ||||||
24 | reduce the amount otherwise payable for such
fiscal year | ||||||
25 | pursuant to that clause (b). The moneys received by the
| ||||||
26 | Department pursuant to this Act and required to be deposited |
| ||||||||||||||||||||||||||||||||||||||||||||||||||||
| ||||||||||||||||||||||||||||||||||||||||||||||||||||
1 | into the Build
Illinois Fund are subject to the pledge, claim | |||||||||||||||||||||||||||||||||||||||||||||||||||
2 | and charge set forth in
Section 12 of the Build Illinois Bond | |||||||||||||||||||||||||||||||||||||||||||||||||||
3 | Act.
| |||||||||||||||||||||||||||||||||||||||||||||||||||
4 | Subject to payment of amounts into the Build Illinois Fund | |||||||||||||||||||||||||||||||||||||||||||||||||||
5 | as provided in
the preceding paragraph or in any amendment | |||||||||||||||||||||||||||||||||||||||||||||||||||
6 | thereto hereafter enacted, the
following specified monthly | |||||||||||||||||||||||||||||||||||||||||||||||||||
7 | installment of the amount requested in the
certificate of the | |||||||||||||||||||||||||||||||||||||||||||||||||||
8 | Chairman of the Metropolitan Pier and Exposition
Authority | |||||||||||||||||||||||||||||||||||||||||||||||||||
9 | provided under Section 8.25f of the State Finance Act, but not | |||||||||||||||||||||||||||||||||||||||||||||||||||
10 | in
excess of sums designated as "Total Deposit", shall be | |||||||||||||||||||||||||||||||||||||||||||||||||||
11 | deposited in the
aggregate from collections under Section 9 of | |||||||||||||||||||||||||||||||||||||||||||||||||||
12 | the Use Tax Act, Section 9 of
the Service Use Tax Act, Section | |||||||||||||||||||||||||||||||||||||||||||||||||||
13 | 9 of the Service Occupation Tax Act, and
Section 3 of the | |||||||||||||||||||||||||||||||||||||||||||||||||||
14 | Retailers' Occupation Tax Act into the McCormick Place
| |||||||||||||||||||||||||||||||||||||||||||||||||||
15 | Expansion Project Fund in the specified fiscal years.
| |||||||||||||||||||||||||||||||||||||||||||||||||||
|
| ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
| ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
|
| |||||||||||||||||
| |||||||||||||||||
| |||||||||||||||||
4 | Beginning July 20, 1993 and in each month of each fiscal | ||||||||||||||||
5 | year thereafter,
one-eighth of the amount requested in the | ||||||||||||||||
6 | certificate of the Chairman of
the Metropolitan Pier and | ||||||||||||||||
7 | Exposition Authority for that fiscal year, less
the amount | ||||||||||||||||
8 | deposited into the McCormick Place Expansion Project Fund by | ||||||||||||||||
9 | the
State Treasurer in the respective month under subsection | ||||||||||||||||
10 | (g) of Section 13
of the Metropolitan Pier and Exposition | ||||||||||||||||
11 | Authority Act, plus cumulative
deficiencies in the deposits | ||||||||||||||||
12 | required under this Section for previous
months and years, | ||||||||||||||||
13 | shall be deposited into the McCormick Place Expansion
Project | ||||||||||||||||
14 | Fund, until the full amount requested for the fiscal year, but | ||||||||||||||||
15 | not
in excess of the amount specified above as "Total Deposit", | ||||||||||||||||
16 | has been deposited.
| ||||||||||||||||
17 | Subject to payment of amounts into the Build Illinois Fund | ||||||||||||||||
18 | and the
McCormick Place Expansion Project Fund pursuant to the | ||||||||||||||||
19 | preceding paragraphs
or in any amendments
thereto hereafter | ||||||||||||||||
20 | enacted, beginning July 1, 1993, the Department shall each
| ||||||||||||||||
21 | month pay into the Illinois Tax Increment Fund 0.27% of 80% of | ||||||||||||||||
22 | the net revenue
realized for the preceding month from the 6.25% | ||||||||||||||||
23 | general rate on the selling
price of tangible personal | ||||||||||||||||
24 | property.
| ||||||||||||||||
25 | Subject to payment of amounts into the Build Illinois Fund | ||||||||||||||||
26 | and the
McCormick Place Expansion Project Fund pursuant to the |
| |||||||
| |||||||
1 | preceding paragraphs or in any
amendments thereto hereafter | ||||||
2 | enacted, beginning with the receipt of the first
report of | ||||||
3 | taxes paid by an eligible business and continuing for a 25-year
| ||||||
4 | period, the Department shall each month pay into the Energy | ||||||
5 | Infrastructure
Fund 80% of the net revenue realized from the | ||||||
6 | 6.25% general rate on the
selling price of Illinois-mined coal | ||||||
7 | that was sold to an eligible business.
For purposes of this | ||||||
8 | paragraph, the term "eligible business" means a new
electric | ||||||
9 | generating facility certified pursuant to Section 605-332 of | ||||||
10 | the
Department of Commerce and Economic Opportunity
Law of the | ||||||
11 | Civil Administrative Code of Illinois.
| ||||||
12 | Of the remainder of the moneys received by the Department | ||||||
13 | pursuant to
this Act, 75% thereof shall be paid into the State | ||||||
14 | Treasury and 25% shall
be reserved in a special account and | ||||||
15 | used only for the transfer to the
Common School Fund as part of | ||||||
16 | the monthly transfer from the General Revenue
Fund in | ||||||
17 | accordance with Section 8a of the State Finance Act.
| ||||||
18 | The Department may, upon separate written notice to a | ||||||
19 | taxpayer,
require the taxpayer to prepare and file with the | ||||||
20 | Department on a form
prescribed by the Department within not | ||||||
21 | less than 60 days after receipt
of the notice an annual | ||||||
22 | information return for the tax year specified in
the notice. | ||||||
23 | Such annual return to the Department shall include a
statement | ||||||
24 | of gross receipts as shown by the retailer's last Federal | ||||||
25 | income
tax return. If the total receipts of the business as | ||||||
26 | reported in the
Federal income tax return do not agree with the |
| |||||||
| |||||||
1 | gross receipts reported to
the Department of Revenue for the | ||||||
2 | same period, the retailer shall attach
to his annual return a | ||||||
3 | schedule showing a reconciliation of the 2
amounts and the | ||||||
4 | reasons for the difference. The retailer's annual
return to the | ||||||
5 | Department shall also disclose the cost of goods sold by
the | ||||||
6 | retailer during the year covered by such return, opening and | ||||||
7 | closing
inventories of such goods for such year, costs of goods | ||||||
8 | used from stock
or taken from stock and given away by the | ||||||
9 | retailer during such year,
payroll information of the | ||||||
10 | retailer's business during such year and any
additional | ||||||
11 | reasonable information which the Department deems would be
| ||||||
12 | helpful in determining the accuracy of the monthly, quarterly | ||||||
13 | or annual
returns filed by such retailer as provided for in | ||||||
14 | this Section.
| ||||||
15 | If the annual information return required by this Section | ||||||
16 | is not
filed when and as required, the taxpayer shall be liable | ||||||
17 | as follows:
| ||||||
18 | (i) Until January 1, 1994, the taxpayer shall be liable
| ||||||
19 | for a penalty equal to 1/6 of 1% of the tax due from such | ||||||
20 | taxpayer under
this Act during the period to be covered by | ||||||
21 | the annual return for each
month or fraction of a month | ||||||
22 | until such return is filed as required, the
penalty to be | ||||||
23 | assessed and collected in the same manner as any other
| ||||||
24 | penalty provided for in this Act.
| ||||||
25 | (ii) On and after January 1, 1994, the taxpayer shall | ||||||
26 | be
liable for a penalty as described in Section 3-4 of the |
| |||||||
| |||||||
1 | Uniform Penalty and
Interest Act.
| ||||||
2 | The chief executive officer, proprietor, owner or highest | ||||||
3 | ranking
manager shall sign the annual return to certify the | ||||||
4 | accuracy of the
information contained therein. Any person who | ||||||
5 | willfully signs the
annual return containing false or | ||||||
6 | inaccurate information shall be guilty
of perjury and punished | ||||||
7 | accordingly. The annual return form prescribed
by the | ||||||
8 | Department shall include a warning that the person signing the
| ||||||
9 | return may be liable for perjury.
| ||||||
10 | The provisions of this Section concerning the filing of an | ||||||
11 | annual
information return do not apply to a retailer who is not | ||||||
12 | required to
file an income tax return with the United States | ||||||
13 | Government.
| ||||||
14 | As soon as possible after the first day of each month, upon | ||||||
15 | certification
of the Department of Revenue, the Comptroller | ||||||
16 | shall order transferred and
the Treasurer shall transfer from | ||||||
17 | the General Revenue Fund to the Motor
Fuel Tax Fund an amount | ||||||
18 | equal to 1.7% of 80% of the net revenue realized
under this Act | ||||||
19 | for the second preceding
month.
Beginning April 1, 2000, this | ||||||
20 | transfer is no longer required
and shall not be made.
| ||||||
21 | Net revenue realized for a month shall be the revenue | ||||||
22 | collected by the
State pursuant to this Act, less the amount | ||||||
23 | paid out during that month as
refunds to taxpayers for | ||||||
24 | overpayment of liability.
| ||||||
25 | For greater simplicity of administration, manufacturers, | ||||||
26 | importers
and wholesalers whose products are sold at retail in |
| |||||||
| |||||||
1 | Illinois by
numerous retailers, and who wish to do so, may | ||||||
2 | assume the responsibility
for accounting and paying to the | ||||||
3 | Department all tax accruing under this
Act with respect to such | ||||||
4 | sales, if the retailers who are affected do not
make written | ||||||
5 | objection to the Department to this arrangement.
| ||||||
6 | Any person who promotes, organizes, provides retail | ||||||
7 | selling space for
concessionaires or other types of sellers at | ||||||
8 | the Illinois State Fair, DuQuoin
State Fair, county fairs, | ||||||
9 | local fairs, art shows, flea markets and similar
exhibitions or | ||||||
10 | events, including any transient merchant as defined by Section | ||||||
11 | 2
of the Transient Merchant Act of 1987, is required to file a | ||||||
12 | report with the
Department providing the name of the merchant's | ||||||
13 | business, the name of the
person or persons engaged in | ||||||
14 | merchant's business, the permanent address and
Illinois | ||||||
15 | Retailers Occupation Tax Registration Number of the merchant, | ||||||
16 | the
dates and location of the event and other reasonable | ||||||
17 | information that the
Department may require. The report must be | ||||||
18 | filed not later than the 20th day
of the month next following | ||||||
19 | the month during which the event with retail sales
was held. | ||||||
20 | Any person who fails to file a report required by this Section
| ||||||
21 | commits a business offense and is subject to a fine not to | ||||||
22 | exceed $250.
| ||||||
23 | Any person engaged in the business of selling tangible | ||||||
24 | personal
property at retail as a concessionaire or other type | ||||||
25 | of seller at the
Illinois State Fair, county fairs, art shows, | ||||||
26 | flea markets and similar
exhibitions or events, or any |
| |||||||
| |||||||
1 | transient merchants, as defined by Section 2
of the Transient | ||||||
2 | Merchant Act of 1987, may be required to make a daily report
of | ||||||
3 | the amount of such sales to the Department and to make a daily | ||||||
4 | payment of
the full amount of tax due. The Department shall | ||||||
5 | impose this
requirement when it finds that there is a | ||||||
6 | significant risk of loss of
revenue to the State at such an | ||||||
7 | exhibition or event. Such a finding
shall be based on evidence | ||||||
8 | that a substantial number of concessionaires
or other sellers | ||||||
9 | who are not residents of Illinois will be engaging in
the | ||||||
10 | business of selling tangible personal property at retail at the
| ||||||
11 | exhibition or event, or other evidence of a significant risk of | ||||||
12 | loss of revenue
to the State. The Department shall notify | ||||||
13 | concessionaires and other sellers
affected by the imposition of | ||||||
14 | this requirement. In the absence of
notification by the | ||||||
15 | Department, the concessionaires and other sellers
shall file | ||||||
16 | their returns as otherwise required in this Section.
| ||||||
17 | (Source: P.A. 92-12, eff. 7-1-01; 92-16, eff. 6-28-01; 92-208, | ||||||
18 | eff. 8-2-01; 92-484, eff. 8-23-01; 92-492, eff. 1-1-02; 92-600, | ||||||
19 | eff. 6-28-02; 92-651, eff. 7-11-02; 93-22, eff. 6-20-03; 93-24, | ||||||
20 | eff. 6-20-03; 93-840, eff. 7-30-04; 93-926, eff. 8-12-04; | ||||||
21 | 93-1057, eff. 12-2-04; revised 12-6-04.)
| ||||||
22 | Section 405. The Hotel Operators' Occupation Tax Act is | ||||||
23 | amended by changing Section 6 as follows:
| ||||||
24 | (35 ILCS 145/6) (from Ch. 120, par. 481b.36)
|
| |||||||
| |||||||
1 | Sec. 6. Except as provided hereinafter in this Section, on | ||||||
2 | or before
the last day of each calendar month, every person | ||||||
3 | engaged in the
business of renting, leasing or letting rooms in | ||||||
4 | a hotel in this State
during the preceding calendar month shall | ||||||
5 | file a return with the
Department, stating:
| ||||||
6 | 1. The name of the operator;
| ||||||
7 | 2. His residence address and the address of his | ||||||
8 | principal place of
business and the address of the | ||||||
9 | principal place of business (if that is
a different | ||||||
10 | address) from which he engages in the business of renting,
| ||||||
11 | leasing or letting rooms in a hotel in this State;
| ||||||
12 | 3. Total amount of rental receipts received by him | ||||||
13 | during the
preceding calendar month from renting, leasing | ||||||
14 | or letting rooms during
such preceding calendar month;
| ||||||
15 | 4. Total amount of rental receipts received by him | ||||||
16 | during the
preceding calendar month from renting, leasing | ||||||
17 | or letting rooms to
permanent residents during such | ||||||
18 | preceding calendar month;
| ||||||
19 | 5. Total amount of other exclusions from gross rental | ||||||
20 | receipts
allowed by this Act;
| ||||||
21 | 6. Gross rental receipts which were received by him | ||||||
22 | during the
preceding calendar month and upon the basis of | ||||||
23 | which the tax is imposed;
| ||||||
24 | 7. The amount of tax due;
| ||||||
25 | 8. Such other reasonable information as the Department | ||||||
26 | may require.
|
| |||||||
| |||||||
1 | If the operator's average monthly tax liability to the | ||||||
2 | Department
does not exceed $200, the Department may authorize | ||||||
3 | his returns to be
filed on a quarter annual basis, with the | ||||||
4 | return for January, February
and March of a given year being | ||||||
5 | due by April 30 of such year; with the
return for April, May | ||||||
6 | and June of a given year being due by July 31 of
such year; with | ||||||
7 | the return for July, August and September of a given
year being | ||||||
8 | due by October 31 of such year, and with the return for
| ||||||
9 | October, November and December of a given year being due by | ||||||
10 | January 31
of the following year.
| ||||||
11 | If the operator's average monthly tax liability to the | ||||||
12 | Department
does not exceed $50, the Department may authorize | ||||||
13 | his returns to be
filed on an annual basis, with the return for | ||||||
14 | a given year being due by
January 31 of the following year.
| ||||||
15 | Such quarter annual and annual returns, as to form and | ||||||
16 | substance,
shall be subject to the same requirements as monthly | ||||||
17 | returns.
| ||||||
18 | Notwithstanding any other provision in this Act concerning | ||||||
19 | the time
within which an operator may file his return, in the | ||||||
20 | case of any
operator who ceases to engage in a kind of business | ||||||
21 | which makes him
responsible for filing returns under this Act, | ||||||
22 | such operator shall file
a final return under this Act with the | ||||||
23 | Department not more than 1 month
after discontinuing such | ||||||
24 | business.
| ||||||
25 | Where the same person has more than 1 business registered | ||||||
26 | with the
Department under separate registrations under this |
| |||||||
| |||||||
1 | Act, such person
shall not file each return that is due as a | ||||||
2 | single return covering all
such registered businesses, but | ||||||
3 | shall file separate returns for each
such registered business.
| ||||||
4 | In his return, the operator shall determine the value of | ||||||
5 | any
consideration other than money received by him in | ||||||
6 | connection with the
renting, leasing or letting of rooms in the | ||||||
7 | course of his business and
he shall include such value in his | ||||||
8 | return. Such determination shall be
subject to review and | ||||||
9 | revision by the Department in the manner
hereinafter provided | ||||||
10 | for the correction of returns.
| ||||||
11 | Where the operator is a corporation, the return filed on | ||||||
12 | behalf of
such corporation shall be signed by the president, | ||||||
13 | vice-president,
secretary or treasurer or by the properly | ||||||
14 | accredited agent of such
corporation.
| ||||||
15 | The person filing the return herein provided for shall, at | ||||||
16 | the time of
filing such return, pay to the Department the | ||||||
17 | amount of tax herein imposed.
The operator filing the return | ||||||
18 | under this Section shall, at the time of
filing such return, | ||||||
19 | pay to the Department the amount of tax imposed by this
Act | ||||||
20 | less a discount of 2.1% or $25 per calendar year, whichever is | ||||||
21 | greater,
which is allowed to reimburse the operator for the | ||||||
22 | expenses incurred in
keeping records, preparing and filing | ||||||
23 | returns, remitting the tax and
supplying data to the Department | ||||||
24 | on request.
| ||||||
25 | There shall be deposited in the Build Illinois Fund in the | ||||||
26 | State
Treasury for each State fiscal year 40% of the amount of |
| |||||||
| |||||||
1 | total
net proceeds from the tax imposed by subsection (a) of | ||||||
2 | Section 3.
Of the remaining 60%, $5,000,000 shall be deposited | ||||||
3 | in the Illinois
Sports Facilities Fund and credited to the | ||||||
4 | Subsidy Account each fiscal
year by making monthly deposits in | ||||||
5 | the amount of 1/8 of $5,000,000 plus
cumulative deficiencies in | ||||||
6 | such deposits for prior months, and an
additional $8,000,000 | ||||||
7 | shall be deposited in the Illinois Sports Facilities
Fund and | ||||||
8 | credited to the Advance Account each fiscal year by making | ||||||
9 | monthly
deposits in the amount of 1/8 of $8,000,000 plus any | ||||||
10 | cumulative deficiencies
in such deposits for prior months; | ||||||
11 | provided, that for fiscal years ending
after June 30, 2001, the | ||||||
12 | amount to be so deposited into the Illinois
Sports Facilities | ||||||
13 | Fund and credited to the Advance Account each fiscal year
shall | ||||||
14 | be increased from $8,000,000 to the then applicable Advance | ||||||
15 | Amount and
the required monthly deposits beginning with July | ||||||
16 | 2001 shall be in the amount
of 1/8 of the then applicable | ||||||
17 | Advance Amount plus any cumulative deficiencies
in those | ||||||
18 | deposits for prior months. (The deposits of the additional | ||||||
19 | $8,000,000
or the then applicable Advance Amount, as | ||||||
20 | applicable,
during each fiscal year shall be treated as | ||||||
21 | advances
of funds to the Illinois Sports Facilities Authority | ||||||
22 | for its corporate
purposes to the extent paid to the Authority | ||||||
23 | or its trustee and shall be
repaid into the General Revenue | ||||||
24 | Fund in the State Treasury by the State
Treasurer on behalf of | ||||||
25 | the Authority pursuant to Section 19 of the Illinois
Sports | ||||||
26 | Facilities Authority Act, as amended. If in any fiscal year the |
| |||||||
| |||||||
1 | full
amount of the then applicable Advance Amount
is not repaid | ||||||
2 | into the General Revenue Fund, then the deficiency shall be | ||||||
3 | paid
from the amount in the Local Government Distributive Fund | ||||||
4 | that would otherwise
be allocated to the City of Chicago under | ||||||
5 | the State Revenue Sharing Act.)
| ||||||
6 | For purposes of the foregoing paragraph, the term "Advance | ||||||
7 | Amount"
means, for fiscal year 2002, $22,179,000, and for | ||||||
8 | subsequent fiscal years
through fiscal year 2032, 105.615% of | ||||||
9 | the Advance Amount for the immediately
preceding fiscal year, | ||||||
10 | rounded up to the nearest $1,000.
| ||||||
11 | Of the remaining 60% of the amount of total net proceeds | ||||||
12 | from the tax
imposed by subsection (a) of Section 3 after all | ||||||
13 | required deposits in the
Illinois Sports Facilities Fund, the | ||||||
14 | amount equal to 8% of the net revenue
realized from the Hotel | ||||||
15 | Operators' Occupation Tax Act plus an amount equal to
8% of the | ||||||
16 | net revenue realized from any tax imposed under Section 4.05 of | ||||||
17 | the
Chicago World's Fair-1992 Authority Act during the | ||||||
18 | preceding month shall be
deposited in the Local Tourism Fund | ||||||
19 | each month for purposes authorized by
Section 605-705 of the | ||||||
20 | Department of Commerce and Economic Opportunity
Community | ||||||
21 | Affairs Law (20 ILCS 605/605-705) in the Local Tourism Fund ,
| ||||||
22 | and beginning August 1, 1999, the amount equal to 4.5% of the | ||||||
23 | net revenue
realized from the Hotel Operators' Occupation Tax | ||||||
24 | Act during the preceding
month shall be deposited into the | ||||||
25 | International Tourism Fund for the purposes
authorized in | ||||||
26 | Section 605-707
605-725 of the Department of Commerce
and |
| |||||||
| |||||||
1 | Economic Opportunity
Community Affairs Law. "Net
revenue | ||||||
2 | realized for a month" means the revenue collected by the State | ||||||
3 | under
that Act during the previous month less the amount paid | ||||||
4 | out during that same
month as refunds to taxpayers for | ||||||
5 | overpayment of liability under that Act.
| ||||||
6 | After making all these deposits, all other proceeds of the | ||||||
7 | tax imposed under
subsection (a) of Section 3 shall be | ||||||
8 | deposited in the General Revenue Fund in
the State Treasury. | ||||||
9 | All moneys received by the Department from the additional
tax | ||||||
10 | imposed under subsection (b) of Section 3 shall be deposited | ||||||
11 | into the Build
Illinois Fund in the State Treasury.
| ||||||
12 | The Department may, upon separate written notice to a | ||||||
13 | taxpayer, require
the taxpayer to prepare and file with the | ||||||
14 | Department on a form prescribed
by the Department within not | ||||||
15 | less than 60 days after receipt of the notice
an annual | ||||||
16 | information return for the tax year specified in the notice.
| ||||||
17 | Such annual return to the Department shall include a statement | ||||||
18 | of gross
receipts as shown by the operator's last State income | ||||||
19 | tax return. If the
total receipts of the business as reported | ||||||
20 | in the State income tax return
do not agree with the gross | ||||||
21 | receipts reported to the Department for the
same period, the | ||||||
22 | operator shall attach to his annual information return a
| ||||||
23 | schedule showing a reconciliation of the 2 amounts and the | ||||||
24 | reasons for the
difference. The operator's annual information | ||||||
25 | return to the Department
shall also disclose pay roll | ||||||
26 | information of the operator's business during
the year covered |
| |||||||
| |||||||
1 | by such return and any additional reasonable information
which | ||||||
2 | the Department deems would be helpful in determining the | ||||||
3 | accuracy of
the monthly, quarterly or annual tax returns by | ||||||
4 | such operator as
hereinbefore provided for in this Section.
| ||||||
5 | If the annual information return required by this Section | ||||||
6 | is not filed
when and as required the taxpayer shall be liable | ||||||
7 | for a penalty in an
amount determined in accordance with | ||||||
8 | Section 3-4 of the Uniform Penalty and
Interest Act until such | ||||||
9 | return is filed as required, the penalty to be
assessed and | ||||||
10 | collected in the same manner as any other penalty provided
for | ||||||
11 | in this Act.
| ||||||
12 | The chief executive officer, proprietor, owner or highest | ||||||
13 | ranking manager
shall sign the annual return to certify the | ||||||
14 | accuracy of the information
contained therein. Any person who | ||||||
15 | willfully signs the annual return containing
false or | ||||||
16 | inaccurate information shall be guilty of perjury and punished
| ||||||
17 | accordingly. The annual return form prescribed by the | ||||||
18 | Department shall
include a warning that the person signing the | ||||||
19 | return may be liable for perjury.
| ||||||
20 | The foregoing portion of this Section concerning the filing | ||||||
21 | of an annual
information return shall not apply to an operator | ||||||
22 | who is not required to
file an income tax return with the | ||||||
23 | United States Government.
| ||||||
24 | (Source: P.A. 92-16, eff. 6-28-01; 92-600, eff. 6-28-02; | ||||||
25 | revised 10-15-03.)
|
| |||||||
| |||||||
1 | Section 410. The Property Tax Code is amended by changing | ||||||
2 | Sections 15-25, 15-55, 16-190, 18-185, and 21-310 and by | ||||||
3 | setting forth and renumbering multiple versions of Section | ||||||
4 | 18-92 as follows:
| ||||||
5 | (35 ILCS 200/15-25)
| ||||||
6 | Sec. 15-25. Removal of exemptions. If the Department | ||||||
7 | determines that any
property has been unlawfully exempted from | ||||||
8 | taxation, or is no longer entitled
to exemption, the Department | ||||||
9 | shall, before January 1 of any year, direct the
chief county | ||||||
10 | assessment officer to assess the property and return it to the
| ||||||
11 | assessment rolls for the next assessment year. The Department | ||||||
12 | shall give
notice of its decision to the owner of the property | ||||||
13 | by certified mail. The
decision shall be subject to review and | ||||||
14 | hearing under Section 8-35, upon
application by the owner filed | ||||||
15 | within 60 days after the notice of
decision is
mailed. However, | ||||||
16 | the extension of taxes on the assessment shall not be delayed
| ||||||
17 | by any proceedings under this Section. If the property is | ||||||
18 | determined to be
exempt, any taxes extended upon the assessment | ||||||
19 | shall be abated or, if already
paid, be refunded.
| ||||||
20 | (Source: P.A. 92-651, eff. 7-11-02; 92-658, eff. 7-16-02; | ||||||
21 | revised 7-26-02.)
| ||||||
22 | (35 ILCS 200/15-55)
| ||||||
23 | Sec. 15-55. State property.
| ||||||
24 | (a) All property belonging to the State of Illinois
is |
| |||||||
| |||||||
1 | exempt. However, the State agency holding title shall file the | ||||||
2 | certificate
of ownership and use required by Section 15-10, | ||||||
3 | together with a copy of any
written lease or agreement, in | ||||||
4 | effect on March 30 of the assessment year,
concerning parcels | ||||||
5 | of 1 acre or more, or an explanation of the terms of any
oral | ||||||
6 | agreement under which the property is leased, subleased or | ||||||
7 | rented.
| ||||||
8 | The leased property shall be assessed to the lessee and the | ||||||
9 | taxes thereon
extended and billed to the lessee, and collected | ||||||
10 | in the same manner as
for property which is not exempt. The | ||||||
11 | lessee shall be liable
for the taxes and no lien shall attach | ||||||
12 | to the property of the State.
| ||||||
13 | For the purposes of this Section, the word "leases" | ||||||
14 | includes
licenses, franchises, operating agreements and other | ||||||
15 | arrangements under which
private individuals, associations or | ||||||
16 | corporations are granted the right to use
property of the | ||||||
17 | Illinois State Toll Highway Authority and includes all property
| ||||||
18 | of the Authority used by others without regard to the size of | ||||||
19 | the leased
parcel.
| ||||||
20 | (b) However, all property of every kind belonging to the | ||||||
21 | State of
Illinois, which
is or may hereafter be leased to the | ||||||
22 | Illinois Prairie Path Corporation, shall
be exempt from all | ||||||
23 | assessments, taxation or collection, despite the making of
any | ||||||
24 | such lease, if it is used for:
| ||||||
25 | (1) conservation, nature trail or any other | ||||||
26 | charitable,
scientific,
educational or recreational |
| |||||||
| |||||||
1 | purposes with public benefit, including the
preserving and | ||||||
2 | aiding in the preservation of natural areas, objects, | ||||||
3 | flora,
fauna or biotic communities;
| ||||||
4 | (2) the establishment of footpaths, trails and other | ||||||
5 | protected
areas;
| ||||||
6 | (3) the conservation of the proper use of natural
| ||||||
7 | resources or the promotion of the study of plant and animal | ||||||
8 | communities and
of other phases of ecology, natural history | ||||||
9 | and conservation;
| ||||||
10 | (4) the promotion of education in the fields of nature,
| ||||||
11 | preservation and
conservation; or
| ||||||
12 | (5) similar public recreational activities conducted | ||||||
13 | by the
Illinois
Prairie
Path Corporation.
| ||||||
14 | No lien shall attach to the property of the State. No tax | ||||||
15 | liability shall
become the obligation of or be enforceable | ||||||
16 | against Illinois Prairie Path
Corporation.
| ||||||
17 | (c) If the State sells the
James R.
Thompson Center
or the | ||||||
18 | Elgin Mental Health Center and surrounding land located at 750 | ||||||
19 | S.
State Street,
Elgin, Illinois, as provided in subdivision | ||||||
20 | (a)(2) of Section 7.4 of
the State Property Control Act,
to
| ||||||
21 | another entity whose property is not exempt and immediately | ||||||
22 | thereafter enters
into a
leaseback or other agreement that | ||||||
23 | directly or indirectly gives the State a
right to use,
control, | ||||||
24 | and possess the property, that portion of the property leased | ||||||
25 | and
occupied exclusively by the State shall remain exempt under | ||||||
26 | this
Section.
For the property to remain exempt under this |
| |||||||
| |||||||
1 | subsection (c), the State must
retain an
option to purchase the | ||||||
2 | property at a future date or, within the limitations
period for
| ||||||
3 | reverters, the property must revert back to the State.
| ||||||
4 | If the property has been conveyed as described in this | ||||||
5 | subsection (c), the
property
is no longer exempt pursuant to | ||||||
6 | this Section as of the date when:
| ||||||
7 | (1) the right of the State to use, control, and possess | ||||||
8 | the property has
been
terminated; or
| ||||||
9 | (2) the State no longer has an option to
purchase or | ||||||
10 | otherwise acquire the property and
there is no provision | ||||||
11 | for a reverter of the property to the State
within the | ||||||
12 | limitations period for reverters.
| ||||||
13 | Pursuant to Sections 15-15 and 15-20 of this Code, the | ||||||
14 | State shall notify the
chief
county assessment officer of any | ||||||
15 | transaction under this subsection (c). The
chief county
| ||||||
16 | assessment officer shall determine initial and continuing | ||||||
17 | compliance with the
requirements of this Section for tax | ||||||
18 | exemption. Failure to notify the chief
county
assessment | ||||||
19 | officer of a transaction under this subsection (c) or to | ||||||
20 | otherwise
comply with
the requirements of Sections 15-15 and | ||||||
21 | 15-20 of this Code shall, in the
discretion of the
chief county | ||||||
22 | assessment officer, constitute cause to terminate the | ||||||
23 | exemption,
notwithstanding any other provision of this Code.
| ||||||
24 | (c-1) If the Illinois State Toll Highway Authority sells | ||||||
25 | the
Illinois State Toll Highway Authority headquarters | ||||||
26 | building and surrounding
land,
located at 2700 Ogden Avenue, |
| |||||||
| |||||||
1 | Downers Grove, Illinois
as provided in subdivision (a)(2) of | ||||||
2 | Section 7.5 of
the State Property Control Act,
to
another | ||||||
3 | entity whose property is not exempt and immediately thereafter | ||||||
4 | enters
into a
leaseback or other agreement that directly or | ||||||
5 | indirectly gives the State or the
Illinois State Toll Highway | ||||||
6 | Authority a
right to use,
control, and possess the property, | ||||||
7 | that portion of the property leased and
occupied exclusively by | ||||||
8 | the State or the Authority shall remain exempt under
this
| ||||||
9 | Section.
For the property to remain exempt under this | ||||||
10 | subsection (c), the Authority must
retain an
option to purchase | ||||||
11 | the property at a future date or, within the limitations
period | ||||||
12 | for
reverters, the property must revert back to the Authority.
| ||||||
13 | If the property has been conveyed as described in this | ||||||
14 | subsection (c), the
property
is no longer exempt pursuant to | ||||||
15 | this Section as of the date when:
| ||||||
16 | (1) the right of the State or the Authority to use, | ||||||
17 | control, and possess
the
property has
been
terminated; or
| ||||||
18 | (2) the Authority no longer has an option to
purchase | ||||||
19 | or otherwise acquire the property and
there is no provision | ||||||
20 | for a reverter of the property to the Authority
within the | ||||||
21 | limitations period for reverters.
| ||||||
22 | Pursuant to Sections 15-15 and 15-20 of this Code, the | ||||||
23 | Authority
shall notify the
chief
county assessment officer of | ||||||
24 | any transaction under this subsection (c). The
chief county
| ||||||
25 | assessment officer shall determine initial and continuing | ||||||
26 | compliance with the
requirements of this Section for tax |
| |||||||
| |||||||
1 | exemption. Failure to notify the chief
county
assessment | ||||||
2 | officer of a transaction under this subsection (c) or to | ||||||
3 | otherwise
comply with
the requirements of Sections 15-15 and | ||||||
4 | 15-20 of this Code shall, in the
discretion of the
chief county | ||||||
5 | assessment officer, constitute cause to terminate the | ||||||
6 | exemption,
notwithstanding any other provision of this Code.
| ||||||
7 | (d)
However, The fair market rent of each parcel of real | ||||||
8 | property in Will
County owned by the State of Illinois for the | ||||||
9 | purpose of developing an airport
by the Department of | ||||||
10 | Transportation shall include the assessed value of
leasehold | ||||||
11 | tax. The lessee of each parcel of real property in Will
County | ||||||
12 | owned by
the
State of Illinois for the purpose of developing an | ||||||
13 | airport by the Department of
Transportation shall not be liable | ||||||
14 | for the taxes thereon. In order for the
State to
compensate | ||||||
15 | taxing districts for
the leasehold tax under this paragraph
the | ||||||
16 | Will County Supervisor of Assessments shall
certify, in
| ||||||
17 | writing, to the
Department of Transportation, the amount of | ||||||
18 | leasehold taxes
extended for the 2002 property tax
year for
| ||||||
19 | each such exempt parcel.
The Department of Transportation shall | ||||||
20 | pay to the Will
County
Treasurer, from the Tax Recovery Fund, | ||||||
21 | on or before July 1 of each
year, the amount of leasehold taxes | ||||||
22 | for each such exempt parcel as certified
by the Will County | ||||||
23 | Supervisor of Assessments. The tax compensation shall
| ||||||
24 | terminate
on
December 31, 2010. It is the duty of the | ||||||
25 | Department of Transportation to file
with the
Office of the | ||||||
26 | Will County Supervisor of Assessments an affidavit stating the
|
| |||||||
| |||||||
1 | termination
date for rental of each such parcel due to airport | ||||||
2 | construction. The affidavit
shall include
the property | ||||||
3 | identification number for each such parcel. In no instance | ||||||
4 | shall
tax
compensation for property owned by the State be | ||||||
5 | deemed delinquent or bear
interest. In
no instance shall a lien | ||||||
6 | attach to the property of the State. In no instance
shall the | ||||||
7 | State
be required to pay leasehold tax compensation in excess | ||||||
8 | of the Tax
Recovery Fund's balance.
| ||||||
9 | (e)
(d) Public Act 81-1026 applies to all leases or | ||||||
10 | agreements entered into
or
renewed on or after September 24, | ||||||
11 | 1979.
| ||||||
12 | (Source: P.A. 93-19, eff. 6-20-03; 93-658, eff. 1-22-04; | ||||||
13 | revised 1-22-04.)
| ||||||
14 | (35 ILCS 200/16-190)
| ||||||
15 | Sec. 16-190. Record of proceedings and orders.
| ||||||
16 | (a) The Property Tax Appeal
Board shall keep a record of | ||||||
17 | its proceedings and orders and the record shall be
a public | ||||||
18 | record. In all cases where the contesting party is seeking a | ||||||
19 | change of
$100,000 or more in assessed valuation, the | ||||||
20 | contesting party must provide a
court reporter at his or her | ||||||
21 | own expense. The original certified transcript of
such hearing | ||||||
22 | shall be forwarded to the Springfield office of the Property | ||||||
23 | Tax
Appeal Board and shall become part of the Board's official | ||||||
24 | record of the
proceeding on appeal. Each year the Property Tax | ||||||
25 | Appeal Board shall publish a
volume containing a synopsis of |
| |||||||
| |||||||
1 | representative cases decided by the Board
during that year. The | ||||||
2 | publication shall be organized by or cross-referenced by
the | ||||||
3 | issue presented before the Board in each case contained in the
| ||||||
4 | publication. The publication shall be available for inspection | ||||||
5 | by the public at
the Property Tax Appeal Board offices and | ||||||
6 | copies shall be available for a
reasonable cost, except as | ||||||
7 | provided in Section 16-191.
| ||||||
8 | (b) The Property Tax Appeal Board shall provide annually, | ||||||
9 | no later than
February 1, to the Governor and the General | ||||||
10 | Assembly a report that contains for
each county the following:
| ||||||
11 | (1) the total number of cases for commercial and | ||||||
12 | industrial property
requesting a reduction in assessed | ||||||
13 | value of $100,000 or more for each of the
last 5 years;
| ||||||
14 | (2) the total number of cases for commercial and | ||||||
15 | industrial property
decided by the Property Tax Appeal | ||||||
16 | Board for each of the last 5 years; and
| ||||||
17 | (3) the total change in assessed value based on the | ||||||
18 | Property Tax Appeal
Board decisions for commercial | ||||||
19 | property and industrial property for each of the
last 5 | ||||||
20 | years.
| ||||||
21 | (c) The requirement for providing a report to the General | ||||||
22 | Assembly shall be
satisfied by filing copies of the report with | ||||||
23 | the following:
| ||||||
24 | (1) the Speaker of the House of Representatives;
| ||||||
25 | (2) the Minority Leader of the House of | ||||||
26 | Representatives;
|
| |||||||
| |||||||
1 | (3) the Clerk of the House of Representatives;
| ||||||
2 | (4) the President of the Senate;
| ||||||
3 | (5) the Minority Leader of the Senate;
| ||||||
4 | (6) the Secretary of the Senate;
| ||||||
5 | (7) the Legislative Research Unit, as required by | ||||||
6 | Section 3.1 of the
General Assembly Organization Act; and
| ||||||
7 | (8) the State Government Report Distribution Center | ||||||
8 | for the General
Assembly, as required by subsection (t) of | ||||||
9 | Section 7
320 of the State
Library Act.
| ||||||
10 | (Source: P.A. 93-248, eff. 7-22-03; revised 10-9-03.)
| ||||||
11 | (35 ILCS 200/18-92)
| ||||||
12 | Sec. 18-92. Downstate School Finance Authority for | ||||||
13 | Elementary
Districts Law. The provisions of the Truth in | ||||||
14 | Taxation Law are subject to
the Downstate School Finance | ||||||
15 | Authority for Elementary Districts Law.
| ||||||
16 | (Source: P.A. 92-855, eff. 12-6-02.)
| ||||||
17 | (35 ILCS 200/18-93)
| ||||||
18 | Sec. 18-93
18-92 . Maywood Public Library District Tax Levy
| ||||||
19 | Validation (2002) Law. The provisions of the Truth in Taxation | ||||||
20 | Law are
subject to the Maywood Public Library District Tax Levy | ||||||
21 | Validation (2002) Law.
| ||||||
22 | (Source: P.A. 92-884, eff. 1-13-03; revised 1-18-03.)
| ||||||
23 | (35 ILCS 200/18-185)
|
| |||||||
| |||||||
1 | Sec. 18-185. Short title; definitions. This Division 5 may | ||||||
2 | be cited as the
Property Tax Extension Limitation Law. As used | ||||||
3 | in this Division 5:
| ||||||
4 | "Consumer Price Index" means the Consumer Price Index for | ||||||
5 | All Urban
Consumers for all items published by the United | ||||||
6 | States Department of Labor.
| ||||||
7 | "Extension limitation" means (a) the lesser of 5% or the | ||||||
8 | percentage increase
in the Consumer Price Index during the | ||||||
9 | 12-month calendar year preceding the
levy year or (b) the rate | ||||||
10 | of increase approved by voters under Section 18-205.
| ||||||
11 | "Affected county" means a county of 3,000,000 or more | ||||||
12 | inhabitants or a
county contiguous to a county of 3,000,000 or | ||||||
13 | more inhabitants.
| ||||||
14 | "Taxing district" has the same meaning provided in Section | ||||||
15 | 1-150, except as
otherwise provided in this Section. For the | ||||||
16 | 1991 through 1994 levy years only,
"taxing district" includes | ||||||
17 | only each non-home rule taxing district having the
majority of | ||||||
18 | its
1990 equalized assessed value within any county or counties | ||||||
19 | contiguous to a
county with 3,000,000 or more inhabitants. | ||||||
20 | Beginning with the 1995 levy
year, "taxing district" includes | ||||||
21 | only each non-home rule taxing district
subject to this Law | ||||||
22 | before the 1995 levy year and each non-home rule
taxing | ||||||
23 | district not subject to this Law before the 1995 levy year | ||||||
24 | having the
majority of its 1994 equalized assessed value in an | ||||||
25 | affected county or
counties. Beginning with the levy year in
| ||||||
26 | which this Law becomes applicable to a taxing district as
|
| |||||||
| |||||||
1 | provided in Section 18-213, "taxing district" also includes | ||||||
2 | those taxing
districts made subject to this Law as provided in | ||||||
3 | Section 18-213.
| ||||||
4 | "Aggregate extension" for taxing districts to which this | ||||||
5 | Law applied before
the 1995 levy year means the annual | ||||||
6 | corporate extension for the taxing
district and those special | ||||||
7 | purpose extensions that are made annually for
the taxing | ||||||
8 | district, excluding special purpose extensions: (a) made for | ||||||
9 | the
taxing district to pay interest or principal on general | ||||||
10 | obligation bonds
that were approved by referendum; (b) made for | ||||||
11 | any taxing district to pay
interest or principal on general | ||||||
12 | obligation bonds issued before October 1,
1991; (c) made for | ||||||
13 | any taxing district to pay interest or principal on bonds
| ||||||
14 | issued to refund or continue to refund those bonds issued | ||||||
15 | before October 1,
1991; (d)
made for any taxing district to pay | ||||||
16 | interest or principal on bonds
issued to refund or continue to | ||||||
17 | refund bonds issued after October 1, 1991 that
were approved by | ||||||
18 | referendum; (e)
made for any taxing district to pay interest
or | ||||||
19 | principal on revenue bonds issued before October 1, 1991 for | ||||||
20 | payment of
which a property tax levy or the full faith and | ||||||
21 | credit of the unit of local
government is pledged; however, a | ||||||
22 | tax for the payment of interest or principal
on those bonds | ||||||
23 | shall be made only after the governing body of the unit of | ||||||
24 | local
government finds that all other sources for payment are | ||||||
25 | insufficient to make
those payments; (f) made for payments | ||||||
26 | under a building commission lease when
the lease payments are |
| |||||||
| |||||||
1 | for the retirement of bonds issued by the commission
before | ||||||
2 | October 1, 1991, to pay for the building project; (g) made for | ||||||
3 | payments
due under installment contracts entered into before | ||||||
4 | October 1, 1991;
(h) made for payments of principal and | ||||||
5 | interest on bonds issued under the
Metropolitan Water | ||||||
6 | Reclamation District Act to finance construction projects
| ||||||
7 | initiated before October 1, 1991; (i) made for payments of | ||||||
8 | principal and
interest on limited bonds, as defined in Section | ||||||
9 | 3 of the Local Government Debt
Reform Act, in an amount not to | ||||||
10 | exceed the debt service extension base less
the amount in items | ||||||
11 | (b), (c), (e), and (h) of this definition for
non-referendum | ||||||
12 | obligations, except obligations initially issued pursuant to
| ||||||
13 | referendum; (j) made for payments of principal and interest on | ||||||
14 | bonds
issued under Section 15 of the Local Government Debt | ||||||
15 | Reform Act; (k)
made
by a school district that participates in | ||||||
16 | the Special Education District of
Lake County, created by | ||||||
17 | special education joint agreement under Section
10-22.31 of the | ||||||
18 | School Code, for payment of the school district's share of the
| ||||||
19 | amounts required to be contributed by the Special Education | ||||||
20 | District of Lake
County to the Illinois Municipal Retirement | ||||||
21 | Fund under Article 7 of the
Illinois Pension Code; the amount | ||||||
22 | of any extension under this item (k) shall be
certified by the | ||||||
23 | school district to the county clerk; (l) made to fund
expenses | ||||||
24 | of providing joint recreational programs for the handicapped | ||||||
25 | under
Section 5-8 of
the
Park District Code or Section 11-95-14 | ||||||
26 | of the Illinois Municipal Code; (m) made for temporary |
| |||||||
| |||||||
1 | relocation loan repayment purposes pursuant to Sections 2-3.77 | ||||||
2 | and 17-2.2d of the School Code; (n) made for payment of | ||||||
3 | principal and interest on any bonds issued under the authority | ||||||
4 | of Section 17-2.2d of the School Code; and (o) made for | ||||||
5 | contributions to a firefighter's pension fund created under | ||||||
6 | Article 4 of the Illinois Pension Code, to the extent of the | ||||||
7 | amount certified under item (5) of Section 4-134 of the | ||||||
8 | Illinois Pension Code.
| ||||||
9 | "Aggregate extension" for the taxing districts to which | ||||||
10 | this Law did not
apply before the 1995 levy year (except taxing | ||||||
11 | districts subject to this Law
in
accordance with Section | ||||||
12 | 18-213) means the annual corporate extension for the
taxing | ||||||
13 | district and those special purpose extensions that are made | ||||||
14 | annually for
the taxing district, excluding special purpose | ||||||
15 | extensions: (a) made for the
taxing district to pay interest or | ||||||
16 | principal on general obligation bonds that
were approved by | ||||||
17 | referendum; (b) made for any taxing district to pay interest
or | ||||||
18 | principal on general obligation bonds issued before March 1, | ||||||
19 | 1995; (c) made
for any taxing district to pay interest or | ||||||
20 | principal on bonds issued to refund
or continue to refund those | ||||||
21 | bonds issued before March 1, 1995; (d) made for any
taxing | ||||||
22 | district to pay interest or principal on bonds issued to refund | ||||||
23 | or
continue to refund bonds issued after March 1, 1995 that | ||||||
24 | were approved by
referendum; (e) made for any taxing district | ||||||
25 | to pay interest or principal on
revenue bonds issued before | ||||||
26 | March 1, 1995 for payment of which a property tax
levy or the |
| |||||||
| |||||||
1 | full faith and credit of the unit of local government is | ||||||
2 | pledged;
however, a tax for the payment of interest or | ||||||
3 | principal on those bonds shall be
made only after the governing | ||||||
4 | body of the unit of local government finds that
all other | ||||||
5 | sources for payment are insufficient to make those payments; | ||||||
6 | (f) made
for payments under a building commission lease when | ||||||
7 | the lease payments are for
the retirement of bonds issued by | ||||||
8 | the commission before March 1, 1995 to
pay for the building | ||||||
9 | project; (g) made for payments due under installment
contracts | ||||||
10 | entered into before March 1, 1995; (h) made for payments of
| ||||||
11 | principal and interest on bonds issued under the Metropolitan | ||||||
12 | Water Reclamation
District Act to finance construction | ||||||
13 | projects initiated before October 1,
1991; (h-4) made for | ||||||
14 | stormwater management purposes by the Metropolitan Water | ||||||
15 | Reclamation District of Greater Chicago under Section 12 of the | ||||||
16 | Metropolitan Water Reclamation District Act; (i) made for | ||||||
17 | payments of principal and interest on limited bonds,
as defined | ||||||
18 | in Section 3 of the Local Government Debt Reform Act, in an | ||||||
19 | amount
not to exceed the debt service extension base less the | ||||||
20 | amount in items (b),
(c), and (e) of this definition for | ||||||
21 | non-referendum obligations, except
obligations initially | ||||||
22 | issued pursuant to referendum and bonds described in
subsection | ||||||
23 | (h) of this definition; (j) made for payments of
principal and | ||||||
24 | interest on bonds issued under Section 15 of the Local | ||||||
25 | Government
Debt Reform Act; (k) made for payments of principal | ||||||
26 | and interest on bonds
authorized by Public Act 88-503 and |
| |||||||
| |||||||
1 | issued under Section 20a of the Chicago
Park District Act for | ||||||
2 | aquarium or
museum projects; (l) made for payments of principal | ||||||
3 | and interest on
bonds
authorized by Public Act 87-1191 or | ||||||
4 | 93-601 and (i) issued pursuant to Section 21.2 of the Cook | ||||||
5 | County Forest
Preserve District Act, (ii) issued under Section | ||||||
6 | 42 of the Cook County
Forest Preserve District Act for | ||||||
7 | zoological park projects, or (iii) issued
under Section 44.1 of | ||||||
8 | the Cook County Forest Preserve District Act for
botanical | ||||||
9 | gardens projects; (m) made
pursuant
to Section 34-53.5 of the | ||||||
10 | School Code, whether levied annually or not;
(n) made to fund | ||||||
11 | expenses of providing joint recreational programs for the
| ||||||
12 | handicapped under Section 5-8 of the Park
District Code or | ||||||
13 | Section 11-95-14 of the Illinois Municipal Code;
(o) made by | ||||||
14 | the
Chicago Park
District for recreational programs for the | ||||||
15 | handicapped under subsection (c) of
Section
7.06 of the Chicago | ||||||
16 | Park District Act; and (p) made for contributions to a | ||||||
17 | firefighter's pension fund created under Article 4 of the | ||||||
18 | Illinois Pension Code, to the extent of the amount certified | ||||||
19 | under item (5) of Section 4-134 of the Illinois Pension Code.
| ||||||
20 | "Aggregate extension" for all taxing districts to which | ||||||
21 | this Law applies in
accordance with Section 18-213, except for | ||||||
22 | those taxing districts subject to
paragraph (2) of subsection | ||||||
23 | (e) of Section 18-213, means the annual corporate
extension for | ||||||
24 | the
taxing district and those special purpose extensions that | ||||||
25 | are made annually for
the taxing district, excluding special | ||||||
26 | purpose extensions: (a) made for the
taxing district to pay |
| |||||||
| |||||||
1 | interest or principal on general obligation bonds that
were | ||||||
2 | approved by referendum; (b) made for any taxing district to pay | ||||||
3 | interest
or principal on general obligation bonds issued before | ||||||
4 | the date on which the
referendum making this
Law applicable to | ||||||
5 | the taxing district is held; (c) made
for any taxing district | ||||||
6 | to pay interest or principal on bonds issued to refund
or | ||||||
7 | continue to refund those bonds issued before the date on which | ||||||
8 | the
referendum making this Law
applicable to the taxing | ||||||
9 | district is held;
(d) made for any
taxing district to pay | ||||||
10 | interest or principal on bonds issued to refund or
continue to | ||||||
11 | refund bonds issued after the date on which the referendum | ||||||
12 | making
this Law
applicable to the taxing district is held if | ||||||
13 | the bonds were approved by
referendum after the date on which | ||||||
14 | the referendum making this Law
applicable to the taxing | ||||||
15 | district is held; (e) made for any
taxing district to pay | ||||||
16 | interest or principal on
revenue bonds issued before the date | ||||||
17 | on which the referendum making this Law
applicable to the
| ||||||
18 | taxing district is held for payment of which a property tax
| ||||||
19 | levy or the full faith and credit of the unit of local | ||||||
20 | government is pledged;
however, a tax for the payment of | ||||||
21 | interest or principal on those bonds shall be
made only after | ||||||
22 | the governing body of the unit of local government finds that
| ||||||
23 | all other sources for payment are insufficient to make those | ||||||
24 | payments; (f) made
for payments under a building commission | ||||||
25 | lease when the lease payments are for
the retirement of bonds | ||||||
26 | issued by the commission before the date on which the
|
| |||||||
| |||||||
1 | referendum making this
Law applicable to the taxing district is | ||||||
2 | held to
pay for the building project; (g) made for payments due | ||||||
3 | under installment
contracts entered into before the date on | ||||||
4 | which the referendum making this Law
applicable to
the taxing | ||||||
5 | district is held;
(h) made for payments
of principal and | ||||||
6 | interest on limited bonds,
as defined in Section 3 of the Local | ||||||
7 | Government Debt Reform Act, in an amount
not to exceed the debt | ||||||
8 | service extension base less the amount in items (b),
(c), and | ||||||
9 | (e) of this definition for non-referendum obligations, except
| ||||||
10 | obligations initially issued pursuant to referendum; (i) made | ||||||
11 | for payments
of
principal and interest on bonds issued under | ||||||
12 | Section 15 of the Local Government
Debt Reform Act;
(j)
made | ||||||
13 | for a qualified airport authority to pay interest or principal | ||||||
14 | on
general obligation bonds issued for the purpose of paying | ||||||
15 | obligations due
under, or financing airport facilities | ||||||
16 | required to be acquired, constructed,
installed or equipped | ||||||
17 | pursuant to, contracts entered into before March
1, 1996 (but | ||||||
18 | not including any amendments to such a contract taking effect | ||||||
19 | on
or after that date); (k) made to fund expenses of providing | ||||||
20 | joint
recreational programs for the handicapped under Section | ||||||
21 | 5-8 of
the
Park District Code or Section 11-95-14 of the | ||||||
22 | Illinois Municipal Code; and (l) made for contributions to a | ||||||
23 | firefighter's pension fund created under Article 4 of the | ||||||
24 | Illinois Pension Code, to the extent of the amount certified | ||||||
25 | under item (5) of Section 4-134 of the Illinois Pension Code.
| ||||||
26 | "Aggregate extension" for all taxing districts to which |
| |||||||
| |||||||
1 | this Law applies in
accordance with paragraph (2) of subsection | ||||||
2 | (e) of Section 18-213 means the
annual corporate extension for | ||||||
3 | the
taxing district and those special purpose extensions that | ||||||
4 | are made annually for
the taxing district, excluding special | ||||||
5 | purpose extensions: (a) made for the
taxing district to pay | ||||||
6 | interest or principal on general obligation bonds that
were | ||||||
7 | approved by referendum; (b) made for any taxing district to pay | ||||||
8 | interest
or principal on general obligation bonds issued before | ||||||
9 | the effective date of
this amendatory Act of 1997;
(c) made
for | ||||||
10 | any taxing district to pay interest or principal on bonds | ||||||
11 | issued to refund
or continue to refund those bonds issued | ||||||
12 | before the effective date
of this amendatory Act of 1997;
(d) | ||||||
13 | made for any
taxing district to pay interest or principal on | ||||||
14 | bonds issued to refund or
continue to refund bonds issued after | ||||||
15 | the effective date of this amendatory Act
of 1997 if the bonds | ||||||
16 | were approved by referendum after the effective date of
this | ||||||
17 | amendatory Act of 1997;
(e) made for any
taxing district to pay | ||||||
18 | interest or principal on
revenue bonds issued before the | ||||||
19 | effective date of this amendatory Act of 1997
for payment of | ||||||
20 | which a property tax
levy or the full faith and credit of the | ||||||
21 | unit of local government is pledged;
however, a tax for the | ||||||
22 | payment of interest or principal on those bonds shall be
made | ||||||
23 | only after the governing body of the unit of local government | ||||||
24 | finds that
all other sources for payment are insufficient to | ||||||
25 | make those payments; (f) made
for payments under a building | ||||||
26 | commission lease when the lease payments are for
the retirement |
| |||||||
| |||||||
1 | of bonds issued by the commission before the effective date
of | ||||||
2 | this amendatory Act of 1997
to
pay for the building project; | ||||||
3 | (g) made for payments due under installment
contracts entered | ||||||
4 | into before the effective date of this amendatory Act of
1997;
| ||||||
5 | (h) made for payments
of principal and interest on limited | ||||||
6 | bonds,
as defined in Section 3 of the Local Government Debt | ||||||
7 | Reform Act, in an amount
not to exceed the debt service | ||||||
8 | extension base less the amount in items (b),
(c), and (e) of | ||||||
9 | this definition for non-referendum obligations, except
| ||||||
10 | obligations initially issued pursuant to referendum; (i) made | ||||||
11 | for payments
of
principal and interest on bonds issued under | ||||||
12 | Section 15 of the Local Government
Debt Reform Act;
(j)
made | ||||||
13 | for a qualified airport authority to pay interest or principal | ||||||
14 | on
general obligation bonds issued for the purpose of paying | ||||||
15 | obligations due
under, or financing airport facilities | ||||||
16 | required to be acquired, constructed,
installed or equipped | ||||||
17 | pursuant to, contracts entered into before March
1, 1996 (but | ||||||
18 | not including any amendments to such a contract taking effect | ||||||
19 | on
or after that date); (k) made to fund expenses of providing | ||||||
20 | joint
recreational programs for the handicapped under Section | ||||||
21 | 5-8 of
the
Park District Code or Section 11-95-14 of the | ||||||
22 | Illinois Municipal Code; and (l) made for contributions to a | ||||||
23 | firefighter's pension fund created under Article 4 of the | ||||||
24 | Illinois Pension Code, to the extent of the amount certified | ||||||
25 | under item (5) of Section 4-134 of the Illinois Pension Code.
| ||||||
26 | "Debt service extension base" means an amount equal to that |
| |||||||
| |||||||
1 | portion of the
extension for a taxing district for the 1994 | ||||||
2 | levy year, or for those taxing
districts subject to this Law in | ||||||
3 | accordance with Section 18-213, except for
those subject to | ||||||
4 | paragraph (2) of subsection (e) of Section 18-213, for the
levy
| ||||||
5 | year in which the referendum making this Law applicable to the | ||||||
6 | taxing district
is held, or for those taxing districts subject | ||||||
7 | to this Law in accordance with
paragraph (2) of subsection (e) | ||||||
8 | of Section 18-213 for the 1996 levy year,
constituting an
| ||||||
9 | extension for payment of principal and interest on bonds issued | ||||||
10 | by the taxing
district without referendum, but not including | ||||||
11 | excluded non-referendum bonds. For park districts (i) that were | ||||||
12 | first
subject to this Law in 1991 or 1995 and (ii) whose | ||||||
13 | extension for the 1994 levy
year for the payment of principal | ||||||
14 | and interest on bonds issued by the park
district without | ||||||
15 | referendum (but not including excluded non-referendum bonds)
| ||||||
16 | was less than 51% of the amount for the 1991 levy year | ||||||
17 | constituting an
extension for payment of principal and interest | ||||||
18 | on bonds issued by the park
district without referendum (but | ||||||
19 | not including excluded non-referendum bonds),
"debt service | ||||||
20 | extension base" means an amount equal to that portion of the
| ||||||
21 | extension for the 1991 levy year constituting an extension for | ||||||
22 | payment of
principal and interest on bonds issued by the park | ||||||
23 | district without referendum
(but not including excluded | ||||||
24 | non-referendum bonds). The debt service extension
base may be | ||||||
25 | established or increased as provided under Section 18-212.
| ||||||
26 | "Excluded non-referendum bonds" means (i) bonds authorized by |
| |||||||
| |||||||
1 | Public
Act 88-503 and issued under Section 20a of the Chicago | ||||||
2 | Park District Act for
aquarium and museum projects; (ii) bonds | ||||||
3 | issued under Section 15 of the
Local Government Debt Reform | ||||||
4 | Act; or (iii) refunding obligations issued
to refund or to | ||||||
5 | continue to refund obligations initially issued pursuant to
| ||||||
6 | referendum.
| ||||||
7 | "Special purpose extensions" include, but are not limited | ||||||
8 | to, extensions
for levies made on an annual basis for | ||||||
9 | unemployment and workers'
compensation, self-insurance, | ||||||
10 | contributions to pension plans, and extensions
made pursuant to | ||||||
11 | Section 6-601 of the Illinois Highway Code for a road
| ||||||
12 | district's permanent road fund whether levied annually or not. | ||||||
13 | The
extension for a special service area is not included in the
| ||||||
14 | aggregate extension.
| ||||||
15 | "Aggregate extension base" means the taxing district's | ||||||
16 | last preceding
aggregate extension as adjusted under Sections | ||||||
17 | 18-215
through 18-230.
| ||||||
18 | "Levy year" has the same meaning as "year" under Section
| ||||||
19 | 1-155.
| ||||||
20 | "New property" means (i) the assessed value, after final | ||||||
21 | board of review or
board of appeals action, of new improvements | ||||||
22 | or additions to existing
improvements on any parcel of real | ||||||
23 | property that increase the assessed value of
that real property | ||||||
24 | during the levy year multiplied by the equalization factor
| ||||||
25 | issued by the Department under Section 17-30, (ii) the assessed | ||||||
26 | value, after
final board of review or board of appeals action, |
| |||||||
| |||||||
1 | of real property not exempt
from real estate taxation, which | ||||||
2 | real property was exempt from real estate
taxation for any | ||||||
3 | portion of the immediately preceding levy year, multiplied by
| ||||||
4 | the equalization factor issued by the Department under Section | ||||||
5 | 17-30, including the assessed value, upon final stabilization | ||||||
6 | of occupancy after new construction is complete, of any real | ||||||
7 | property located within the boundaries of an otherwise or | ||||||
8 | previously exempt military reservation that is intended for | ||||||
9 | residential use and owned by or leased to a private corporation | ||||||
10 | or other entity, and
(iii) in counties that classify in | ||||||
11 | accordance with Section 4 of Article
IX of the
Illinois | ||||||
12 | Constitution, an incentive property's additional assessed | ||||||
13 | value
resulting from a
scheduled increase in the level of | ||||||
14 | assessment as applied to the first year
final board of
review | ||||||
15 | market value.
In addition, the county clerk in a county | ||||||
16 | containing a population of
3,000,000 or more shall include in | ||||||
17 | the 1997
recovered tax increment value for any school district, | ||||||
18 | any recovered tax
increment value that was applicable to the | ||||||
19 | 1995 tax year calculations.
| ||||||
20 | "Qualified airport authority" means an airport authority | ||||||
21 | organized under
the Airport Authorities Act and located in a | ||||||
22 | county bordering on the State of
Wisconsin and having a | ||||||
23 | population in excess of 200,000 and not greater than
500,000.
| ||||||
24 | "Recovered tax increment value" means, except as otherwise | ||||||
25 | provided in this
paragraph, the amount of the current year's | ||||||
26 | equalized assessed value, in the
first year after a |
| |||||||
| |||||||
1 | municipality terminates
the designation of an area as a | ||||||
2 | redevelopment project area previously
established under the | ||||||
3 | Tax Increment Allocation Development Act in the Illinois
| ||||||
4 | Municipal Code, previously established under the Industrial | ||||||
5 | Jobs Recovery Law
in the Illinois Municipal Code, or previously | ||||||
6 | established under the Economic
Development Area Tax Increment | ||||||
7 | Allocation Act, of each taxable lot, block,
tract, or parcel of | ||||||
8 | real property in the redevelopment project area over and
above | ||||||
9 | the initial equalized assessed value of each property in the
| ||||||
10 | redevelopment project area.
For the taxes which are extended | ||||||
11 | for the 1997 levy year, the recovered tax
increment value for a | ||||||
12 | non-home rule taxing district that first became subject
to this | ||||||
13 | Law for the 1995 levy year because a majority of its 1994 | ||||||
14 | equalized
assessed value was in an affected county or counties | ||||||
15 | shall be increased if a
municipality terminated the designation | ||||||
16 | of an area in 1993 as a redevelopment
project area previously | ||||||
17 | established under the Tax Increment Allocation
Development Act | ||||||
18 | in the Illinois Municipal Code, previously established under
| ||||||
19 | the Industrial Jobs Recovery Law in the Illinois Municipal | ||||||
20 | Code, or previously
established under the Economic Development | ||||||
21 | Area Tax Increment Allocation Act,
by an amount equal to the | ||||||
22 | 1994 equalized assessed value of each taxable lot,
block, | ||||||
23 | tract, or parcel of real property in the redevelopment project | ||||||
24 | area over
and above the initial equalized assessed value of | ||||||
25 | each property in the
redevelopment project area.
In the first | ||||||
26 | year after a municipality
removes a taxable lot, block, tract, |
| |||||||
| |||||||
1 | or parcel of real property from a
redevelopment project area | ||||||
2 | established under the Tax Increment Allocation
Development Act | ||||||
3 | in the Illinois
Municipal Code, the Industrial Jobs Recovery | ||||||
4 | Law
in the Illinois Municipal Code, or the Economic
Development | ||||||
5 | Area Tax Increment Allocation Act, "recovered tax increment | ||||||
6 | value"
means the amount of the current year's equalized | ||||||
7 | assessed value of each taxable
lot, block, tract, or parcel of | ||||||
8 | real property removed from the redevelopment
project area over | ||||||
9 | and above the initial equalized assessed value of that real
| ||||||
10 | property before removal from the redevelopment project area.
| ||||||
11 | Except as otherwise provided in this Section, "limiting | ||||||
12 | rate" means a
fraction the numerator of which is the last
| ||||||
13 | preceding aggregate extension base times an amount equal to one | ||||||
14 | plus the
extension limitation defined in this Section and the | ||||||
15 | denominator of which
is the current year's equalized assessed | ||||||
16 | value of all real property in the
territory under the | ||||||
17 | jurisdiction of the taxing district during the prior
levy year. | ||||||
18 | For those taxing districts that reduced their aggregate
| ||||||
19 | extension for the last preceding levy year, the highest | ||||||
20 | aggregate extension
in any of the last 3 preceding levy years | ||||||
21 | shall be used for the purpose of
computing the limiting rate. | ||||||
22 | The denominator shall not include new
property or the recovered | ||||||
23 | tax increment
value.
If a new rate, a rate decrease, or a | ||||||
24 | limiting rate increase has been approved at an election held | ||||||
25 | after March 21, 2006, then (i) the otherwise applicable | ||||||
26 | limiting rate shall be increased by the amount of the new rate |
| |||||||
| |||||||
1 | or shall be reduced by the amount of the rate decrease, as the | ||||||
2 | case may be, or (ii) in the case of a limiting rate increase, | ||||||
3 | the limiting rate shall be equal to the rate set forth
in the | ||||||
4 | proposition approved by the voters for each of the years | ||||||
5 | specified in the proposition, after
which the limiting rate of | ||||||
6 | the taxing district shall be calculated as otherwise provided.
| ||||||
7 | (Source: P.A. 93-601, eff. 1-1-04; 93-606, eff. 11-18-03; | ||||||
8 | 93-612, eff. 11-18-03; 93-689, eff. 7-1-04; 93-690, eff. | ||||||
9 | 7-1-04; 93-1049, eff. 11-17-04; 94-974, eff. 6-30-06; 94-976, | ||||||
10 | eff. 6-30-06; revised 8-3-06.)
| ||||||
11 | (35 ILCS 200/21-310)
| ||||||
12 | Sec. 21-310. Sales in error.
| ||||||
13 | (a) When, upon application of the county collector, the | ||||||
14 | owner of the
certificate of purchase, or a
municipality which | ||||||
15 | owns or has owned the property ordered sold, it appears to
the | ||||||
16 | satisfaction of the court which ordered the property sold that | ||||||
17 | any of the
following subsections are applicable, the court | ||||||
18 | shall declare the sale to be a
sale in error:
| ||||||
19 | (1) the property was not subject to taxation, or all or | ||||||
20 | any part of the
lien of taxes sold has become null and void | ||||||
21 | pursuant to Section 21-95
or unenforceable pursuant to | ||||||
22 | subsection (c) of Section 18-250 or subsection
(b) of | ||||||
23 | Section 22-40,
| ||||||
24 | (2) the taxes or special assessments had been paid | ||||||
25 | prior to the sale of
the property,
|
| |||||||
| |||||||
1 | (3) there is a double assessment,
| ||||||
2 | (4) the description is void for uncertainty,
| ||||||
3 | (5) the assessor, chief county assessment officer, | ||||||
4 | board of review,
board of appeals, or other county official | ||||||
5 | has made an error (other than an
error of judgment as to
| ||||||
6 | the value of any property),
| ||||||
7 | (5.5) the owner of the homestead property had tendered | ||||||
8 | timely and full
payment to the county collector that the | ||||||
9 | owner reasonably believed was due and
owing on the | ||||||
10 | homestead property, and the county collector did not apply | ||||||
11 | the
payment to the homestead property; provided that this | ||||||
12 | provision applies only to
homeowners, not their agents or | ||||||
13 | third-party payors,
| ||||||
14 | (6) prior to the tax sale a voluntary or involuntary | ||||||
15 | petition has been
filed by or against the legal or | ||||||
16 | beneficial owner of the property requesting
relief under | ||||||
17 | the provisions of 11 U.S.C. Chapter 7, 11, 12, or 13,
| ||||||
18 | (7) the property is owned by the United States, the | ||||||
19 | State of Illinois,
a municipality, or a
taxing district, or | ||||||
20 | (8) the owner of the property is a reservist or | ||||||
21 | guardsperson who is granted an extension of his or her due | ||||||
22 | date under Sections 21-15, 21-20, and 21-25 of this Act.
| ||||||
23 | (b) When, upon application of the owner of the certificate | ||||||
24 | of purchase
only, it appears to the satisfaction of the court | ||||||
25 | which ordered the property
sold that any of the following | ||||||
26 | subsections are applicable, the court shall
declare the sale to |
| |||||||
| |||||||
1 | be a sale in error:
| ||||||
2 | (1) A voluntary or involuntary petition under the | ||||||
3 | provisions of 11
U.S.C. Chapter 7, 11, 12, or 13 has been | ||||||
4 | filed
subsequent to the tax sale and prior to the issuance | ||||||
5 | of the tax deed.
| ||||||
6 | (2) The improvements upon the property sold have been | ||||||
7 | substantially
destroyed or rendered uninhabitable or | ||||||
8 | otherwise unfit for occupancy subsequent
to the tax sale | ||||||
9 | and prior to the issuance of the tax deed.
| ||||||
10 | (3) There is an interest held by the United States in | ||||||
11 | the property sold
which could not be extinguished by the | ||||||
12 | tax deed.
| ||||||
13 | (4) The real property contains a hazardous
substance, | ||||||
14 | hazardous waste, or underground storage tank that would
| ||||||
15 | require cleanup or other removal under any federal,
State, | ||||||
16 | or local law, ordinance, or regulation, only if the tax | ||||||
17 | purchaser
purchased the property without actual knowledge | ||||||
18 | of the hazardous substance,
hazardous waste, or | ||||||
19 | underground storage tank. This paragraph (4) applies only | ||||||
20 | if the owner of the
certificate of purchase has made | ||||||
21 | application for a sale in error at any time
before the | ||||||
22 | issuance of a tax deed.
| ||||||
23 | (c) When the county collector discovers, prior to the | ||||||
24 | expiration of the period of redemption, that a tax sale
should | ||||||
25 | not have occurred for one or more of the reasons set forth in
| ||||||
26 | subdivision (a)(1), (a)(2), (a)(6), or (a)(7) of this Section, |
| |||||||
| |||||||
1 | the county
collector shall notify the last known owner of the | ||||||
2 | certificate of purchase by
certified and regular mail, or other | ||||||
3 | means reasonably calculated to provide
actual notice, that the | ||||||
4 | county collector intends to declare an administrative
sale in | ||||||
5 | error and of the reasons therefor, including documentation | ||||||
6 | sufficient
to establish the reason why the sale should not have | ||||||
7 | occurred. The owner of the
certificate of purchase may object | ||||||
8 | in writing within 28 days after the date of
the mailing by the | ||||||
9 | county collector. If an objection is filed, the county
| ||||||
10 | collector shall not administratively declare a sale in error, | ||||||
11 | but may apply to
the circuit court for a sale in error as | ||||||
12 | provided in subsection (a) of this
Section. Thirty days | ||||||
13 | following the receipt of notice by the last known owner of
the | ||||||
14 | certificate of purchase, or within a reasonable time | ||||||
15 | thereafter, the county
collector shall make a written | ||||||
16 | declaration, based upon clear and convincing
evidence, that the | ||||||
17 | taxes were sold in error and shall deliver a copy thereof to
| ||||||
18 | the county clerk within 30 days after the date the declaration | ||||||
19 | is made for
entry in the tax judgment, sale, redemption, and | ||||||
20 | forfeiture record pursuant to
subsection (d) of this Section. | ||||||
21 | The county collector shall promptly notify the
last known owner | ||||||
22 | of the certificate of purchase of the declaration by regular
| ||||||
23 | mail and shall promptly pay the amount of the tax sale, | ||||||
24 | together with interest
and costs as provided in Section 21-315, | ||||||
25 | upon surrender of the original
certificate of purchase.
| ||||||
26 | (d) If a sale is declared to be a sale in error, the county
|
| |||||||
| |||||||
1 | clerk shall make entry in the tax judgment, sale, redemption | ||||||
2 | and
forfeiture record, that the property was erroneously sold, | ||||||
3 | and the county
collector shall, on demand of the owner of the | ||||||
4 | certificate of purchase, refund
the amount paid, pay any | ||||||
5 | interest and costs as may be ordered under Sections
21-315 | ||||||
6 | through 21-335, and cancel the certificate so far as it relates | ||||||
7 | to the
property. The county collector shall deduct from the | ||||||
8 | accounts of the
appropriate taxing bodies their pro rata | ||||||
9 | amounts paid.
| ||||||
10 | (Source: P.A. 94-312, eff. 7-25-05; 94-662, eff. 1-1-06; | ||||||
11 | revised 8-29-05.)
| ||||||
12 | (35 ILCS 200/18-101.47 rep.)
| ||||||
13 | Section 412. The Property Tax Code is amended by repealing | ||||||
14 | Section 18-101.47 as added by Public Acts 92-855
and 92-884. | ||||||
15 | Section 415. The Simplified Municipal Telecommunications | ||||||
16 | Tax Act is amended by changing Section 5-50 as follows:
| ||||||
17 | (35 ILCS 636/5-50)
| ||||||
18 | Sec. 5-50. Returns to the Department.
| ||||||
19 | (a) Commencing on February 1, 2003, for the tax imposed | ||||||
20 | under subsection (a)
of Section 5-20 of this Act, every | ||||||
21 | retailer maintaining a place of business in
this State shall, | ||||||
22 | on or before the last day of each month make a return to the
| ||||||
23 | Department for the preceding calendar month, stating:
|
| |||||||
| |||||||
1 | (1) Its name;
| ||||||
2 | (2) The address of its principal place of business or
| ||||||
3 | the address of the principal place of business (if that is | ||||||
4 | a
different address) from which it engages in the business | ||||||
5 | of
transmitting telecommunications;
| ||||||
6 | (3) Total amount of gross charges billed by it during | ||||||
7 | the
preceding calendar month for providing | ||||||
8 | telecommunications during
the calendar month;
| ||||||
9 | (4) Total amount received by it during the preceding
| ||||||
10 | calendar month on credit extended;
| ||||||
11 | (5) Deductions allowed by law;
| ||||||
12 | (6) Gross charges that were billed by it during the
| ||||||
13 | preceding calendar month and upon the basis of which the | ||||||
14 | tax is
imposed;
| ||||||
15 | (7) Amount of tax (computed upon Item 6);
| ||||||
16 | (8) The municipalities to which the Department shall
| ||||||
17 | remit the taxes and the amount of such remittances;
| ||||||
18 | (9) Such other reasonable information as the | ||||||
19 | Department may require.
| ||||||
20 | (b) Any retailer required to make payments under this | ||||||
21 | Section
may make the payments by electronic funds transfer. The | ||||||
22 | Department
shall adopt rules necessary to effectuate a program | ||||||
23 | of electronic
funds transfer.
Any retailer who has average | ||||||
24 | monthly tax billings due to the Department under
this Act and | ||||||
25 | the Telecommunications Excise Tax Act that exceed $1,000 shall
| ||||||
26 | make all payments by electronic funds transfer as required by |
| |||||||
| |||||||
1 | rules of the
Department.
| ||||||
2 | (c) If the retailer's average monthly tax billings due to | ||||||
3 | the
Department under this Act and the Telecommunications Excise | ||||||
4 | Tax Act do
not exceed $1,000, the Department may authorize such | ||||||
5 | retailer's returns
to be filed on a quarter-annual basis, with | ||||||
6 | the return for January,
February, and March of a given year | ||||||
7 | being due by April 30th of that
year; with the return for | ||||||
8 | April, May, and June of a given year being
due by July 31st of | ||||||
9 | that year; with the return for July, August, and
September of a | ||||||
10 | given year being due by October 31st of that year;
and with the | ||||||
11 | return for October, November, and December of a given year
| ||||||
12 | being due by January 31st of the following year.
| ||||||
13 | (d) If the retailer is otherwise required to file a monthly | ||||||
14 | or
quarterly return and if the retailer's average monthly tax | ||||||
15 | billings
due to the Department under this Act and the | ||||||
16 | Telecommunications Excise
Tax Act do not exceed $400, the | ||||||
17 | Department may authorize such
retailer's return to be filed on | ||||||
18 | an annual basis, with the return for
a given year being due by | ||||||
19 | January 31st of the following year.
| ||||||
20 | (e) Each retailer whose average monthly remittance to the
| ||||||
21 | Department under this Act and the Telecommunications Excise Tax | ||||||
22 | Act
was $25,000 or more during the preceding calendar year, | ||||||
23 | excluding the
month of highest remittance and the month of | ||||||
24 | lowest remittance in such
calendar year, and who is not | ||||||
25 | operated by a unit of local government,
shall make estimated | ||||||
26 | payments to the Department on or before the 7th,
15th, 22nd, |
| |||||||
| |||||||
1 | and last day of the month during which the tax remittance
is | ||||||
2 | owed to the Department in an amount not less than the lower of
| ||||||
3 | either 22.5% of the retailer's actual tax collections for the | ||||||
4 | month
or 25% of the retailer's actual tax collections for the | ||||||
5 | same
calendar month of the preceding year. The amount of such | ||||||
6 | quarter-monthly
payments shall be credited against the final | ||||||
7 | remittance of the
retailer's return for that month. Any | ||||||
8 | outstanding credit, approved by
the Department, arising from | ||||||
9 | the retailer's overpayment of its final
remittance for any | ||||||
10 | month may be applied to reduce the amount of any
subsequent | ||||||
11 | quarter-monthly payment or credited against the final
| ||||||
12 | remittance of the retailer's return for any subsequent month. | ||||||
13 | If any
quarter-monthly payment is not paid at the time or in | ||||||
14 | the amount
required by this Section, the retailer shall be | ||||||
15 | liable for penalty and
interest on the
difference between the | ||||||
16 | minimum amount due as a payment
and the amount of such payment | ||||||
17 | actually and timely paid, except
insofar as the retailer has | ||||||
18 | previously made payments for
that month to
the Department or | ||||||
19 | received credits in excess of the minimum payments previously
| ||||||
20 | due.
| ||||||
21 | (f) Notwithstanding any other provision of this Section
| ||||||
22 | containing the time within which a retailer may file his or her | ||||||
23 | return, in
the case of any retailer who ceases to engage in a | ||||||
24 | kind of business
that makes him or her responsible for filing | ||||||
25 | returns under this
Section, the retailer shall file a final | ||||||
26 | return under this Section
with the Department not more than one |
| |||||||
| |||||||
1 | month after discontinuing such
business.
| ||||||
2 | (g) In making such return, the retailer shall determine the
| ||||||
3 | value of any consideration other than money received by it and | ||||||
4 | such
retailer shall include the value in its return. Such | ||||||
5 | determination
shall be subject to review and revision by the | ||||||
6 | Department in the
manner hereinafter provided for the | ||||||
7 | correction of returns.
| ||||||
8 | (h) Any retailer who has average monthly tax billings due | ||||||
9 | to the Department
under this Act and the Telecommunications | ||||||
10 | Excise Tax Act that exceed $1,000
shall file the return | ||||||
11 | required by this Section by electronic means as required
by | ||||||
12 | rules of the Department.
| ||||||
13 | (i) The retailer filing the return herein provided for | ||||||
14 | shall, at the time of
filing the return, pay to the Department | ||||||
15 | the amounts due pursuant to this Act.
The Department shall | ||||||
16 | immediately pay over to the State Treasurer, ex officio,
as | ||||||
17 | trustee, 99.5% of all taxes, penalties, and interest collected | ||||||
18 | hereunder for
deposit into the Municipal Telecommunications | ||||||
19 | Fund, which is hereby created.
The remaining 0.5% received by | ||||||
20 | the Department pursuant to this Act shall be
deposited into the | ||||||
21 | Tax Compliance and Administration Fund and shall be used by
the | ||||||
22 | Department, subject to appropriation, to cover the costs of the | ||||||
23 | Department.
| ||||||
24 | On or before the 25th day of each calendar month, the | ||||||
25 | Department shall
prepare and certify to the Comptroller the | ||||||
26 | disbursement of stated sums of money
to be paid to named |
| |||||||
| |||||||
1 | municipalities from the Municipal Telecommunications Fund
for | ||||||
2 | amounts collected during the second preceding calendar month. | ||||||
3 | The named
municipalities shall be those municipalities | ||||||
4 | identified by a retailer in such
retailer's return as having | ||||||
5 | imposed the tax authorized by the Act. The amount
of money to | ||||||
6 | be paid to each municipality shall be the amount (not including
| ||||||
7 | credit memoranda) collected hereunder during the second | ||||||
8 | preceding calendar
month by the Department, plus an amount the | ||||||
9 | Department determines is necessary
to offset any amounts that | ||||||
10 | were erroneously
erronenously paid to a
different taxing body, | ||||||
11 | and not including an amount equal to the amount of
refunds made | ||||||
12 | during the second preceding calendar month by the Department on
| ||||||
13 | behalf of such municipality, and not including any amount that | ||||||
14 | the Department
determines is necessary to offset any amount | ||||||
15 | that were payable to a different
taxing body but were | ||||||
16 | erroneously paid to the municipality. Within 10 days
after | ||||||
17 | receipt by the Comptroller of the disbursement certification | ||||||
18 | from the
Department, the Comptroller shall cause the orders to | ||||||
19 | be drawn for the
respective amounts in accordance with the | ||||||
20 | directions contained in the
certification. When certifying to | ||||||
21 | the Comptroller the amount of a monthly
disbursement to a | ||||||
22 | municipality under this Section, the Department shall
increase | ||||||
23 | or decrease the amount by an amount necessary to offset any
| ||||||
24 | misallocation of previous disbursements. The offset amount | ||||||
25 | shall be the
amount erroneously disbursed within the previous 6 | ||||||
26 | months from the time a
misallocation is discovered.
|
| |||||||
| |||||||
1 | (j) For municipalities with populations of less than | ||||||
2 | 500,000,
whenever the Department determines that a refund shall | ||||||
3 | be made under
this Section to a claimant instead of issuing a | ||||||
4 | credit memorandum, the
Department shall notify the State | ||||||
5 | Comptroller, who shall cause the
order to be drawn for the | ||||||
6 | amount specified and to the person named in
the notification | ||||||
7 | from the Department. The refund shall be paid by the
State | ||||||
8 | Treasurer out of the Municipal Telecommunications Fund.
| ||||||
9 | (Source: P.A. 92-526, eff. 7-1-02; revised 2-17-03.)
| ||||||
10 | Section 420. The Uniform Penalty and Interest Act is | ||||||
11 | amended by changing Section 3-2 as follows:
| ||||||
12 | (35 ILCS 735/3-2) (from Ch. 120, par. 2603-2)
| ||||||
13 | Sec. 3-2. Interest.
| ||||||
14 | (a) Interest paid by the Department to taxpayers and | ||||||
15 | interest
charged to taxpayers by the Department shall be paid | ||||||
16 | at the annual
rate determined by the Department. For periods | ||||||
17 | prior to January 1, 2004, that
rate shall be the underpayment
| ||||||
18 | rate established under Section 6621 of the Internal Revenue | ||||||
19 | Code. For periods
after December 31, 2003, that rate shall be:
| ||||||
20 | (1) for the one-year period beginning with the date of | ||||||
21 | underpayment or
overpayment, the short-term federal rate | ||||||
22 | established under Section 6621 of the
Internal Revenue | ||||||
23 | Code.
| ||||||
24 | (2) for any period beginning the day after the one-year |
| |||||||
| |||||||
1 | period described
in paragraph (1) of this subsection (a), | ||||||
2 | the underpayment rate established
under Section 6621 of the | ||||||
3 | Internal Revenue Code.
| ||||||
4 | (b) The interest rate shall be adjusted on a semiannual | ||||||
5 | basis, on
January 1 and July 1, based upon the underpayment | ||||||
6 | rate or short-term federal
rate going into
effect on that | ||||||
7 | January 1 or July 1 under Section 6621 of the Internal
Revenue | ||||||
8 | Code.
| ||||||
9 | (c) This subsection (c) is applicable to returns due on and | ||||||
10 | before
December 31, 2000.
Interest shall be simple interest | ||||||
11 | calculated on a daily basis.
Interest shall accrue upon tax and | ||||||
12 | penalty due. If notice and demand
is made for the payment of | ||||||
13 | any amount of tax due and if the amount due is
paid within 30 | ||||||
14 | days after the date of such notice and demand, interest
under | ||||||
15 | this Section on the amount so paid shall not be imposed for the
| ||||||
16 | period after the date of the notice and demand.
| ||||||
17 | (c-5) This subsection (c-5) is applicable to returns due on | ||||||
18 | and after
January 1, 2001.
Interest shall be simple interest | ||||||
19 | calculated on a daily basis. Interest shall
accrue upon tax | ||||||
20 | due. If notice and demand is made for the payment of any
amount | ||||||
21 | of tax due and if the amount due is paid within 30 days after | ||||||
22 | the date
of the notice and demand, interest under this Section | ||||||
23 | on the amount so paid
shall not be imposed for the period after | ||||||
24 | the date of the notice and demand.
| ||||||
25 | (d) No interest shall be paid upon any overpayment of tax | ||||||
26 | if the
overpayment is refunded or a credit approved within 90 |
| |||||||
| |||||||
1 | days after the last
date prescribed for filing the original | ||||||
2 | return,
or within 90 days of the receipt of the processable | ||||||
3 | return, or within 90
days after the date of overpayment, | ||||||
4 | whichever date is latest, as determined
without regard to | ||||||
5 | processing time by the Comptroller or without regard to
the | ||||||
6 | date on which the credit is applied to the taxpayer's account.
| ||||||
7 | In order for an original return to be processable for purposes | ||||||
8 | of this
Section, it must be in the form prescribed or approved | ||||||
9 | by
the Department, signed by the person authorized by law, and | ||||||
10 | contain all
information, schedules, and support documents | ||||||
11 | necessary to determine the
tax due and to make allocations of | ||||||
12 | tax as prescribed by law.
For the purposes of computing | ||||||
13 | interest, a return shall be deemed to be
processable unless the | ||||||
14 | Department notifies the taxpayer that the return is
not | ||||||
15 | processable within 90 days after the receipt of the return; | ||||||
16 | however,
interest shall not accumulate for the period following | ||||||
17 | this date of notice.
Interest on amounts refunded or credited | ||||||
18 | pursuant to the filing of an
amended return or claim for refund | ||||||
19 | shall be determined from the due date of
the original return or | ||||||
20 | the date of overpayment, whichever is later, to the
date of | ||||||
21 | payment by the Department without regard to processing time by | ||||||
22 | the
Comptroller or the date of credit by the Department or | ||||||
23 | without regard to
the date on which the credit is applied to | ||||||
24 | the taxpayer's account. If a
claim for refund relates to an | ||||||
25 | overpayment attributable to a net loss
carryback as provided by | ||||||
26 | Section 207 of the Illinois Income Tax Act, the
date of |
| |||||||
| |||||||
1 | overpayment shall be the last day of the taxable year in which | ||||||
2 | the
loss was incurred.
| ||||||
3 | (e) Interest on erroneous refunds. Any portion of the tax | ||||||
4 | imposed by an
Act to which this Act is applicable or any | ||||||
5 | interest or penalty which has
been erroneously refunded and | ||||||
6 | which is recoverable by the Department shall
bear interest from | ||||||
7 | the date of payment of the refund. However, no interest
will be | ||||||
8 | charged if the erroneous refund is for an amount less than $500 | ||||||
9 | and
is due to a mistake of the Department.
| ||||||
10 | (f) If a taxpayer has a tax liability that is eligible for | ||||||
11 | amnesty under
the Tax Delinquency Amnesty Act and the taxpayer | ||||||
12 | fails to satisfy the tax
liability during the amnesty period | ||||||
13 | provided for in that Act, then the interest
charged by the | ||||||
14 | Department under this Section shall be
imposed at a rate that | ||||||
15 | is 200% of the rate that would otherwise be imposed
under this | ||||||
16 | Section.
| ||||||
17 | (Source: P.A. 93-26, eff. 6-20-03; 93-32, eff. 6-20-03; revised | ||||||
18 | 8-1-03.)
| ||||||
19 | Section 425. The Illinois Pension Code is amended by | ||||||
20 | changing Sections 2-134 and 8-138 and the heading of Article 9 | ||||||
21 | and Section 11-134 and the heading of Article 13 and Sections | ||||||
22 | 14-103.04, 15-155, 16-150, 16-158, 16-165, and 16-182 as | ||||||
23 | follows:
| ||||||
24 | (40 ILCS 5/2-134)
(from Ch. 108 1/2, par. 2-134)
|
| |||||||
| |||||||
1 | Sec. 2-134. To certify required State contributions and | ||||||
2 | submit vouchers.
| ||||||
3 | (a) The Board shall certify to the Governor on or before | ||||||
4 | December 15 of each
year the amount of the required State | ||||||
5 | contribution to the System for the next
fiscal year. The | ||||||
6 | certification shall include a copy of the actuarial
| ||||||
7 | recommendations upon which it is based.
| ||||||
8 | On or before May 1, 2004, the Board shall recalculate and | ||||||
9 | recertify to
the Governor the amount of the required State | ||||||
10 | contribution to the System for
State fiscal year 2005, taking | ||||||
11 | into account the amounts appropriated to and
received by the | ||||||
12 | System under subsection (d) of Section 7.2 of the General
| ||||||
13 | Obligation Bond Act.
| ||||||
14 | On or before July 1, 2005, the Board shall recalculate and | ||||||
15 | recertify
to the Governor the amount of the required State
| ||||||
16 | contribution to the System for State fiscal year 2006, taking | ||||||
17 | into account the changes in required State contributions made | ||||||
18 | by this amendatory Act of the 94th General Assembly.
| ||||||
19 | (b) Beginning in State fiscal year 1996, on or as soon as | ||||||
20 | possible after the
15th day of each month the Board shall | ||||||
21 | submit vouchers for payment of State
contributions to the | ||||||
22 | System, in a total monthly amount of one-twelfth of the
| ||||||
23 | required annual State contribution certified under subsection | ||||||
24 | (a).
From the effective date of this amendatory Act
of the 93rd | ||||||
25 | General Assembly through June 30, 2004, the Board shall not
| ||||||
26 | submit vouchers for the remainder of fiscal year 2004 in excess |
| |||||||
| |||||||
1 | of the
fiscal year 2004 certified contribution amount | ||||||
2 | determined
under this Section after taking into consideration | ||||||
3 | the transfer to the
System under subsection (d) of Section | ||||||
4 | 6z-61 of the State Finance Act.
These
vouchers shall be paid by | ||||||
5 | the State Comptroller and Treasurer by warrants drawn
on the | ||||||
6 | funds appropriated to the System for that fiscal year. If in | ||||||
7 | any month
the amount remaining unexpended from all other | ||||||
8 | appropriations to the System for
the applicable fiscal year | ||||||
9 | (including the appropriations to the System under
Section 8.12 | ||||||
10 | of the State Finance Act and Section 1 of the State Pension | ||||||
11 | Funds
Continuing Appropriation Act) is less than the amount | ||||||
12 | lawfully vouchered under
this Section, the difference shall be | ||||||
13 | paid from the General Revenue Fund under
the continuing | ||||||
14 | appropriation authority provided in Section 1.1 of the State
| ||||||
15 | Pension Funds Continuing Appropriation Act.
| ||||||
16 | (c) The full amount of any annual appropriation for the | ||||||
17 | System for
State fiscal year 1995 shall be transferred and made | ||||||
18 | available to the System
at the beginning of that fiscal year at | ||||||
19 | the request of the Board.
Any excess funds remaining at the end | ||||||
20 | of any fiscal year from appropriations
shall be retained by the | ||||||
21 | System as a general reserve to meet the System's
accrued | ||||||
22 | liabilities.
| ||||||
23 | (Source: P.A. 93-2, eff. 4-7-03; 93-665, eff. 3-5-04; 94-4, | ||||||
24 | eff. 6-1-05; 94-536, eff. 8-10-05; revised 8-19-05.)
| ||||||
25 | (40 ILCS 5/8-138) (from Ch. 108 1/2, par. 8-138)
|
| |||||||
| |||||||
1 | Sec. 8-138. Minimum annuities - Additional provisions.
| ||||||
2 | (a) An employee who withdraws after age 65 or more with at | ||||||
3 | least 20
years of service, for whom the amount of age and | ||||||
4 | service and prior service
annuity combined is less than the | ||||||
5 | amount stated in this Section, shall
from the date of | ||||||
6 | withdrawal, instead of all annuities
otherwise provided, be | ||||||
7 | entitled to receive an annuity for life of $150 a
year, plus 1 | ||||||
8 | 1/2% for each year of service, to and including 20 years, and
1 | ||||||
9 | 2/3% for each year of service over 20 years, of his highest | ||||||
10 | average
annual salary for any 4 consecutive years within the | ||||||
11 | last 10 years of
service immediately preceding the date of | ||||||
12 | withdrawal.
| ||||||
13 | An employee who withdraws after 20 or more years of | ||||||
14 | service, before age
65, shall be entitled to such annuity, to | ||||||
15 | begin not earlier than upon
attained age of 55 years if under | ||||||
16 | such age at withdrawal, reduced by 2% for
each full year or | ||||||
17 | fractional part thereof that his attained age is less
than 65, | ||||||
18 | plus an additional 2% reduction for each full year or | ||||||
19 | fractional
part thereof that his attained age when annuity is | ||||||
20 | to begin is less than 60
so that the total reduction at age 55 | ||||||
21 | shall be 30%.
| ||||||
22 | (b) An employee who withdraws after July 1, 1957, at age 60 | ||||||
23 | or over,
with 20 or more years of service, for whom the age and | ||||||
24 | service and prior
service annuity combined, is less than the | ||||||
25 | amount stated in this paragraph,
shall, from the date of | ||||||
26 | withdrawal, instead of such annuities, be entitled
to receive |
| |||||||
| |||||||
1 | an annuity for life equal to 1 2/3% for each year of service, | ||||||
2 | of
the highest average annual salary for any 5 consecutive | ||||||
3 | years within the
last 10 years of service immediately preceding | ||||||
4 | the date of withdrawal;
provided, that in the case of any | ||||||
5 | employee who withdraws on or after July
1, 1971, such employee | ||||||
6 | age 60 or over with 20 or more years of service,
shall receive | ||||||
7 | an annuity for life equal to 1.67% for each of the
first 10 | ||||||
8 | years of service; 1.90% for each of the next 10 years of | ||||||
9 | service;
2.10% for each year of service in excess of 20 but not | ||||||
10 | exceeding 30; and
2.30% for each year of service in excess of | ||||||
11 | 30, based on the highest
average annual salary for any 4 | ||||||
12 | consecutive years within the last 10 years
of service | ||||||
13 | immediately preceding the date of withdrawal.
| ||||||
14 | An employee who withdraws after July 1, 1957 and before | ||||||
15 | January 1,
1988, with 20 or more years of service, before age | ||||||
16 | 60 years is entitled to
annuity, to begin not earlier than upon | ||||||
17 | attained age of 55 years, if under
such age at withdrawal, as | ||||||
18 | computed in the last preceding paragraph,
reduced 0.25% for | ||||||
19 | each full month or fractional part thereof that his
attained | ||||||
20 | age when annuity is to begin is less than 60 if the employee | ||||||
21 | was
born before January 1, 1936, or 0.5% for each such month if | ||||||
22 | the employee
was born on or after January 1, 1936.
| ||||||
23 | Any employee born before January 1, 1936, who withdraws | ||||||
24 | with 20 or more
years of service, and any employee with 20 or | ||||||
25 | more years of service who
withdraws on or after January 1, | ||||||
26 | 1988, may elect to receive, in lieu of any
other employee |
| |||||||
| |||||||
1 | annuity provided in this Section, an annuity for life equal
to | ||||||
2 | 1.80% for each of the first 10 years of service, 2.00% for each | ||||||
3 | of the
next 10 years of service, 2.20% for each year of service | ||||||
4 | in excess of 20
but not exceeding 30, and 2.40% for each year | ||||||
5 | of service in excess of 30,
of the highest average annual | ||||||
6 | salary for any 4 consecutive
years within the last 10 years of | ||||||
7 | service immediately preceding the date of
withdrawal, to begin | ||||||
8 | not earlier than upon attained age of 55 years, if
under such | ||||||
9 | age at withdrawal, reduced 0.25% for each full month or | ||||||
10 | fractional
part thereof that his attained age when annuity is | ||||||
11 | to begin is less than
60; except that an employee retiring on | ||||||
12 | or after January 1, 1988, at age
55 or over but less than age | ||||||
13 | 60, having at least 35 years of service,
or an employee | ||||||
14 | retiring on or after July 1, 1990, at age 55 or over but
less | ||||||
15 | than age 60, having at least 30 years of service,
or an | ||||||
16 | employee retiring on or after the effective date of this | ||||||
17 | amendatory
Act of 1997, at age 55 or over but less than age 60, | ||||||
18 | having at least 25 years
of service, shall not be subject to | ||||||
19 | the reduction in retirement annuity
because of retirement below | ||||||
20 | age 60.
| ||||||
21 | However, in the case of an employee who retired on or after | ||||||
22 | January 1,
1985 but before January 1, 1988, at age 55 or older | ||||||
23 | and with at least 35
years of service, and who was subject | ||||||
24 | under this subsection (b) to the
reduction in retirement | ||||||
25 | annuity because of retirement below age 60, that
reduction | ||||||
26 | shall cease to be effective January 1, 1991, and the retirement
|
| |||||||
| |||||||
1 | annuity shall be recalculated accordingly.
| ||||||
2 | Any employee who withdraws on or after July 1, 1990, with | ||||||
3 | 20 or more years of
service, may elect to receive, in lieu of | ||||||
4 | any other employee annuity provided
in this Section, an annuity | ||||||
5 | for life equal to 2.20% for each year of service
if withdrawal | ||||||
6 | is before January 1, 2002, 60 days after the effective date of
| ||||||
7 | this amendatory Act of the 92nd General Assembly, or 2.40% for | ||||||
8 | each year of
service if withdrawal is on or after January 1, | ||||||
9 | 2002, 60 days after the
effective date of this amendatory Act | ||||||
10 | of the 92nd General Assembly or later,
of the highest average | ||||||
11 | annual salary for any 4 consecutive years within the
last 10 | ||||||
12 | years of service immediately preceding the date of withdrawal, | ||||||
13 | to begin
not earlier than upon attained
age of 55 years, if | ||||||
14 | under such age at withdrawal, reduced 0.25% for each
full month | ||||||
15 | or fractional part thereof that his attained age when annuity | ||||||
16 | is
to begin is less than 60; except that an employee retiring | ||||||
17 | at age 55 or
over but less than age 60, having at least 30 years | ||||||
18 | of service, shall not
be subject to the reduction in retirement | ||||||
19 | annuity because of retirement below
age 60.
| ||||||
20 | Any employee who withdraws on or after the effective date | ||||||
21 | of this
amendatory Act of 1997 with 20 or more years of service | ||||||
22 | may elect to receive,
in lieu of any other employee annuity | ||||||
23 | provided in this Section, an annuity for
life equal to 2.20% | ||||||
24 | for each year of service, if withdrawal is before
January 1, | ||||||
25 | 2002, 60 days after the effective date of this amendatory Act | ||||||
26 | of
the 92nd General Assembly, or 2.40% for each year of service |
| |||||||
| |||||||
1 | if withdrawal is
on or
after January 1, 2002, 60 days after the | ||||||
2 | effective date of this amendatory
Act of the 92nd General | ||||||
3 | Assembly or later, of the highest average annual
salary for any | ||||||
4 | 4 consecutive years within the last 10 years of service
| ||||||
5 | immediately preceding the date of withdrawal, to begin not | ||||||
6 | earlier than upon
attainment of age 55 (age 50 if the employee | ||||||
7 | has at least 30 years of service),
reduced 0.25% for each full | ||||||
8 | month or remaining fractional part thereof that the
employee's | ||||||
9 | attained age when annuity is to begin is less than 60; except | ||||||
10 | that
an employee retiring at age 50 or over with at least 30 | ||||||
11 | years of service or at
age 55 or over with at least 25 years of | ||||||
12 | service shall not be subject to the
reduction in retirement | ||||||
13 | annuity because of retirement below age 60.
| ||||||
14 | The maximum annuity payable under part (a) and (b) of this | ||||||
15 | Section shall
not exceed 70% of highest average annual salary | ||||||
16 | in the case of an employee
who withdraws prior to July 1, 1971, | ||||||
17 | 75% if withdrawal takes place on
or after July 1, 1971 and | ||||||
18 | prior to January 1, 2002, 60 days after the
effective date of | ||||||
19 | this amendatory Act of the 92nd General Assembly, or 80% if
| ||||||
20 | withdrawal
takes place on or after January 1, 2002 is 60 days | ||||||
21 | after the effective date
of this amendatory Act of the 92nd | ||||||
22 | General Assembly or later . For the
purpose of the minimum
| ||||||
23 | annuity provided in this Section $1,500 is considered the | ||||||
24 | minimum annual
salary for any year; and the maximum annual | ||||||
25 | salary for the computation of such
annuity is $4,800 for any | ||||||
26 | year before 1953, $6000 for the years 1953 to 1956,
inclusive, |
| |||||||
| |||||||
1 | and the actual annual salary, as salary is defined in this | ||||||
2 | Article,
for any year thereafter.
| ||||||
3 | To preserve rights existing on December 31, 1959, for | ||||||
4 | participants and
contributors on that date to the fund created | ||||||
5 | by the Court and Law
Department Employees' Annuity Act, who | ||||||
6 | became participants in the fund
provided for on January 1, | ||||||
7 | 1960, the maximum annual salary to be considered
for such | ||||||
8 | persons for the years 1955 and 1956 is $7,500.
| ||||||
9 | (c) For an employee receiving disability benefit, his | ||||||
10 | salary for annuity
purposes under paragraphs (a) and (b) of | ||||||
11 | this Section, for all periods of
disability benefit subsequent | ||||||
12 | to the year 1956, is the amount on which his
disability benefit | ||||||
13 | was based.
| ||||||
14 | (d) An employee with 20 or more years of service, whose | ||||||
15 | entire disability
benefit credit period expires before
| ||||||
16 | attainment of age 55 while still disabled for service, is | ||||||
17 | entitled upon
withdrawal to the larger of (1) the minimum | ||||||
18 | annuity provided above, assuming he
is then age 55, and | ||||||
19 | reducing such annuity to its actuarial equivalent as of his
| ||||||
20 | attained age on such date or (2) the annuity provided from his | ||||||
21 | age and service
and prior service annuity credits.
| ||||||
22 | (e) The minimum annuity provisions do not apply to any | ||||||
23 | former municipal
employee receiving an annuity from the fund | ||||||
24 | who re-enters service as a
municipal employee, unless he | ||||||
25 | renders at least 3 years of additional
service after the date | ||||||
26 | of re-entry.
|
| |||||||
| |||||||
1 | (f) An employee in service on July 1, 1947, or who became a | ||||||
2 | contributor
after July 1, 1947 and before attainment of age 70, | ||||||
3 | who withdraws after age
65, with less than 20 years of service | ||||||
4 | for whom the annuity has been fixed
under this Article shall, | ||||||
5 | instead of the annuity so fixed, receive an
annuity as follows:
| ||||||
6 | Such amount as he could have received had the accumulated | ||||||
7 | amounts for
annuity been improved with interest at the | ||||||
8 | effective rate to the date of
his withdrawal, or to attainment | ||||||
9 | of age 70, whichever is earlier, and had
the city contributed | ||||||
10 | to such earlier date for age and service annuity the
amount | ||||||
11 | that it would have contributed had he been under age 65, after | ||||||
12 | the
date his annuity was fixed in accordance with this Article, | ||||||
13 | and assuming
his annuity were computed from such accumulations | ||||||
14 | as of his age on such
earlier date. The annuity so computed | ||||||
15 | shall not exceed the annuity which
would be payable under the | ||||||
16 | other provisions of this Section if the employee
was credited | ||||||
17 | with 20 years of service and would qualify for annuity | ||||||
18 | thereunder.
| ||||||
19 | (g) Instead of the annuity provided in this Article, an | ||||||
20 | employee having
attained age 65 with at least 15 years of | ||||||
21 | service who withdraws from
service on or after July 1, 1971 and | ||||||
22 | whose annuity computed under other
provisions of this Article | ||||||
23 | is less than the amount provided under this
paragraph, is | ||||||
24 | entitled to a minimum annuity for life equal to 1% of the
| ||||||
25 | highest average annual salary, as salary is defined and limited | ||||||
26 | in this
Section for any 4 consecutive years within the last 10 |
| |||||||
| |||||||
1 | years of service for
each year of service, plus the sum of $25 | ||||||
2 | for each year of service. The
annuity shall not exceed 60% of | ||||||
3 | such highest average annual salary.
| ||||||
4 | (g-1) Instead of any other retirement annuity provided in | ||||||
5 | this Article,
an employee who has at least 10 years of service | ||||||
6 | and withdraws from service
on or after January 1, 1999 may | ||||||
7 | elect to receive a retirement annuity for
life, beginning no | ||||||
8 | earlier than upon attainment of age 60, equal to 2.2%
if | ||||||
9 | withdrawal is before January 1, 2002, 60 days after the | ||||||
10 | effective date of
this amendatory Act of the 92nd General | ||||||
11 | Assembly or 2.4% if withdrawal is on
or after January 1, 2002, | ||||||
12 | 60 days after the effective date of this amendatory
Act of the | ||||||
13 | 92nd General Assembly or later, of final average salary for | ||||||
14 | each
year of service,
subject to a maximum of 75% of final | ||||||
15 | average salary if withdrawal is before
January 1, 2002, or 80% | ||||||
16 | if withdrawal is on or after January 1, 2002. For
the purpose | ||||||
17 | of calculating this annuity, "final average salary" means the
| ||||||
18 | highest average annual salary for any 4 consecutive years in | ||||||
19 | the last 10 years
of service.
| ||||||
20 | (h) The minimum annuities provided under this Section shall | ||||||
21 | be paid in
equal monthly installments.
| ||||||
22 | (i) The amendatory provisions of part (b) and (g) of this | ||||||
23 | Section shall
be effective July 1, 1971 and apply in the case | ||||||
24 | of every qualifying
employee withdrawing on or after July 1, | ||||||
25 | 1971.
| ||||||
26 | (j) The amendatory provisions of this amendatory Act of |
| |||||||
| |||||||
1 | 1985 (P.A.
84-23) relating to the discount of annuity because | ||||||
2 | of retirement prior to
attainment of age 60, and to the | ||||||
3 | retirement formula, for those born before
January 1, 1936, | ||||||
4 | shall apply only to qualifying employees withdrawing on or
| ||||||
5 | after July 18, 1985.
| ||||||
6 | (j-1) The changes made to this Section by Public Act 92-609
| ||||||
7 | this
amendatory Act of the 92nd General Assembly (increasing | ||||||
8 | the retirement
formula to 2.4% per year of service and | ||||||
9 | increasing the maximum to 80%) apply
to persons who withdraw | ||||||
10 | from service on or after January 1, 2002, regardless
of whether | ||||||
11 | that withdrawal takes place before the effective date of that
| ||||||
12 | this amendatory Act. In the case of a person who withdraws from | ||||||
13 | service
on or after January 1, 2002 but begins to receive a | ||||||
14 | retirement annuity before
July 1, 2002
the effective date of | ||||||
15 | this amendatory Act , the annuity
shall be recalculated, with | ||||||
16 | the increase resulting from Public
this
amendatory Act 92-609
| ||||||
17 | accruing from the date the retirement annuity
began. The | ||||||
18 | changes made by Public Act 92-609 control over the changes made
| ||||||
19 | by Public Act 92-599, as provided in Section 95 of P.A. 92-609.
| ||||||
20 | (k) Beginning on January 1, 1999, the minimum amount of | ||||||
21 | employee's annuity
shall be $850 per month for life for the | ||||||
22 | following classes of employees,
without regard to the fact that | ||||||
23 | withdrawal occurred prior to the effective date
of this | ||||||
24 | amendatory Act of 1998:
| ||||||
25 | (1) any employee annuitant alive and receiving a life | ||||||
26 | annuity on
the effective date of this amendatory Act of |
| |||||||
| |||||||
1 | 1998,
except a reciprocal annuity;
| ||||||
2 | (2) any employee annuitant alive and receiving a term | ||||||
3 | annuity on
the effective date of this amendatory Act of | ||||||
4 | 1998,
except a reciprocal annuity;
| ||||||
5 | (3) any employee annuitant alive and receiving a | ||||||
6 | reciprocal annuity on
the effective date of this amendatory | ||||||
7 | Act of 1998,
whose service in this fund is at least 5 | ||||||
8 | years;
| ||||||
9 | (4) any employee annuitant withdrawing after age 60 on | ||||||
10 | or after
the effective date of this amendatory Act of 1998,
| ||||||
11 | with at least 10 years of service in this fund.
| ||||||
12 | The increases granted under items (1), (2) and (3) of this | ||||||
13 | subsection (k)
shall not be limited by any other Section of | ||||||
14 | this Act.
| ||||||
15 | (Source: P.A. 92-599, eff. 6-28-02; 92-609, eff. 7-1-02; | ||||||
16 | revised 9-11-02.)
| ||||||
17 | (40 ILCS 5/Art. 9 heading) | ||||||
18 | ARTICLE 9. COUNTY EMPLOYEES' AND OFFICERS'
| ||||||
19 | ANNUITY AND BENEFIT FUND - COUNTIES OVER
| ||||||
20 | 3,000,000
500,000 INHABITANTS
| ||||||
21 | (40 ILCS 5/11-134) (from Ch. 108 1/2, par. 11-134)
| ||||||
22 | Sec. 11-134. Minimum annuities.
| ||||||
23 | (a) An employee whose withdrawal occurs after July 1, 1957 | ||||||
24 | at age 60 or
over, with 20 or more years of service, (as |
| |||||||
| |||||||
1 | service is defined or computed
in Section 11-216), for whom the | ||||||
2 | age and service and prior service annuity
combined is less than | ||||||
3 | the amount stated in this Section, shall, from and
after the | ||||||
4 | date of withdrawal, in lieu of all annuities otherwise provided
| ||||||
5 | in this Article, be entitled to receive an annuity for life of | ||||||
6 | an amount
equal to 1 2/3% for each year of service, of the | ||||||
7 | highest average annual
salary for any 5 consecutive years | ||||||
8 | within the last 10 years of service
immediately preceding the | ||||||
9 | date of withdrawal; provided, that in the case of
any employee | ||||||
10 | who withdraws on or after July 1, 1971, such employee age 60
or | ||||||
11 | over with 20 or more years of service, shall be entitled to | ||||||
12 | instead
receive an annuity for life equal to 1.67% for each of | ||||||
13 | the first 10 years
of service; 1.90% for each of the next 10 | ||||||
14 | years of service; 2.10% for each
year of service in excess of | ||||||
15 | 20 but not exceeding 30; and 2.30% for each
year of service in | ||||||
16 | excess of 30, based on the highest average annual salary
for | ||||||
17 | any 4 consecutive years within the last 10 years of service | ||||||
18 | immediately
preceding the date of withdrawal.
| ||||||
19 | An employee who withdraws after July 1, 1957 and before | ||||||
20 | January 1,
1988, with 20 or more years of service, before age | ||||||
21 | 60, shall be entitled to
an annuity, to begin not earlier than | ||||||
22 | age 55, if under such age at
withdrawal, as computed in the | ||||||
23 | last preceding paragraph, reduced 0.25% if
the employee was | ||||||
24 | born before January 1, 1936, or 0.5% if the employee was
born | ||||||
25 | on or after January 1, 1936, for each full month or fractional | ||||||
26 | part
thereof that his attained age when such annuity is to |
| |||||||
| |||||||
1 | begin is less than 60.
| ||||||
2 | Any employee born before January 1, 1936 who withdraws
with | ||||||
3 | 20 or more years of service, and any employee with 20 or more | ||||||
4 | years of
service who withdraws on or after January 1, 1988, may | ||||||
5 | elect to receive, in
lieu of any other employee
annuity | ||||||
6 | provided in this Section, an annuity for life equal to 1.80% | ||||||
7 | for
each of the first 10 years of service, 2.00% for each of | ||||||
8 | the next 10 years
of service, 2.20% for each year of service in | ||||||
9 | excess of 20, but not
exceeding 30, and 2.40% for each year of | ||||||
10 | service in excess of 30,
of the highest average annual salary | ||||||
11 | for any 4
consecutive years within the last 10 years of service | ||||||
12 | immediately preceding
the date of withdrawal, to begin not | ||||||
13 | earlier than upon attained age of 55
years, if under such age | ||||||
14 | at withdrawal, reduced 0.25% for each full month
or fractional | ||||||
15 | part thereof that his attained age when annuity is to begin
is | ||||||
16 | less than 60; except that an employee retiring on or after | ||||||
17 | January 1,
1988, at age 55 or over but less than age 60, having | ||||||
18 | at least 35 years of
service, or an employee retiring on or | ||||||
19 | after July 1, 1990, at age 55
or over but less than age 60, | ||||||
20 | having at least 30 years of service,
or an employee retiring on | ||||||
21 | or after the effective date of this amendatory Act
of 1997, at | ||||||
22 | age 55 or over but less than age 60, having at least 25 years of
| ||||||
23 | service, shall not be subject to the reduction in retirement | ||||||
24 | annuity because
of retirement below age 60.
| ||||||
25 | However, in the case of an employee who retired on or after | ||||||
26 | January 1,
1985 but before January 1, 1988, at age 55 or older |
| |||||||
| |||||||
1 | and with at least 35
years of service, and who was subject | ||||||
2 | under this subsection (a) to the
reduction in retirement | ||||||
3 | annuity because of retirement below age 60, that
reduction | ||||||
4 | shall cease to be effective January 1, 1991, and the retirement
| ||||||
5 | annuity shall be recalculated accordingly.
| ||||||
6 | Any employee who withdraws on or after July 1, 1990, with | ||||||
7 | 20 or more
years of service, may elect to receive, in lieu of | ||||||
8 | any other employee
annuity provided in this Section, an annuity | ||||||
9 | for life equal to 2.20% for
each year of service if withdrawal | ||||||
10 | is before January 1, 2002, 60 days after
the effective date of | ||||||
11 | this amendatory Act of the 92nd General Assembly, or
2.40% for | ||||||
12 | each year of service if withdrawal is on or after January 1,
| ||||||
13 | 2002, 60 days after the effective date of this amendatory Act | ||||||
14 | of the 92nd
General Assembly or later, of the highest average | ||||||
15 | annual salary for any 4
consecutive years within the last 10 | ||||||
16 | years of service immediately preceding
the date of withdrawal, | ||||||
17 | to begin not earlier than upon attained age of 55
years, if | ||||||
18 | under such age at withdrawal, reduced 0.25% for each full month
| ||||||
19 | or fractional part thereof that his attained age when annuity | ||||||
20 | is to begin
is less than 60; except that an employee retiring | ||||||
21 | at age 55 or over but
less than age 60, having at least 30 years | ||||||
22 | of service, shall not be subject
to the reduction in retirement | ||||||
23 | annuity because of retirement below age 60.
| ||||||
24 | Any employee who withdraws on or after the effective date | ||||||
25 | of this
amendatory Act of 1997 with 20 or more years of service | ||||||
26 | may elect to receive,
in lieu of any other employee annuity |
| |||||||
| |||||||
1 | provided in this Section, an annuity for
life equal to 2.20% | ||||||
2 | for each year of service if withdrawal is before
January 1, | ||||||
3 | 2002, 60 days after the effective date of this amendatory Act | ||||||
4 | of
the 92nd General Assembly, or 2.40% for each year of service | ||||||
5 | if withdrawal is
on or
after January 1, 2002, 60 days after the | ||||||
6 | effective date of this amendatory
Act of the 92nd General | ||||||
7 | Assembly or later, of the
highest average annual
salary for any | ||||||
8 | 4 consecutive years within the last 10 years of service
| ||||||
9 | immediately preceding the date of withdrawal, to begin not | ||||||
10 | earlier than upon
attainment of age 55 (age 50 if the employee | ||||||
11 | has at least 30 years of service),
reduced 0.25% for each full | ||||||
12 | month or remaining fractional part thereof that the
employee's | ||||||
13 | attained age when annuity is to begin is less than 60; except | ||||||
14 | that
an employee retiring at age 50 or over with at least 30 | ||||||
15 | years of service or at
age 55 or over with at least 25 years of | ||||||
16 | service shall not be subject to the
reduction in retirement | ||||||
17 | annuity because of retirement below age 60.
| ||||||
18 | The maximum annuity payable under this paragraph (a) of | ||||||
19 | this Section
shall not exceed 70% of highest average annual | ||||||
20 | salary in the case of an
employee who withdraws prior to July | ||||||
21 | 1, 1971, 75% if withdrawal takes place on
or after July 1, 1971 | ||||||
22 | and prior to January 1, 2002, 60 days after the
effective date | ||||||
23 | of this amendatory Act of the 92nd General Assembly, or 80% if
| ||||||
24 | withdrawal
is on or after January 1, 2002 60 days after the | ||||||
25 | effective date of this
amendatory Act of the 92nd General | ||||||
26 | Assembly or later . For the purpose of the
minimum annuity
|
| |||||||
| |||||||
1 | provided in said paragraphs $1,500 shall be considered the | ||||||
2 | minimum annual
salary for any year; and the maximum annual | ||||||
3 | salary to be considered for the
computation of such annuity | ||||||
4 | shall be $4,800 for any year prior to 1953,
$6,000 for the | ||||||
5 | years 1953 to 1956, inclusive, and the actual annual salary,
as | ||||||
6 | salary is defined in this Article, for any year thereafter.
| ||||||
7 | (b) For an employee receiving disability benefit, his | ||||||
8 | salary for annuity
purposes under this Section shall, for all | ||||||
9 | periods of disability benefit
subsequent to the year 1956, be | ||||||
10 | the amount on which his disability benefit
was based.
| ||||||
11 | (c) An employee with 20 or more years of service, whose | ||||||
12 | entire
disability benefit credit period expires prior to | ||||||
13 | attainment of age 55
while still disabled for service, shall be | ||||||
14 | entitled upon withdrawal to the
larger of (1) the minimum | ||||||
15 | annuity provided above assuming that he is then
age 55, and | ||||||
16 | reducing such annuity to its actuarial equivalent at his
| ||||||
17 | attained age on such date, or (2) the annuity provided from his | ||||||
18 | age and
service and prior service annuity credits.
| ||||||
19 | (d) The minimum annuity provisions as aforesaid shall not | ||||||
20 | apply to any
former employee receiving an annuity from the | ||||||
21 | fund, and who re-enters
service as an employee, unless he | ||||||
22 | renders at least 3 years of additional
service after the date | ||||||
23 | of re-entry.
| ||||||
24 | (e) An employee in service on July 1, 1947, or who became a | ||||||
25 | contributor
after July 1, 1947 and prior to July 1, 1950, or | ||||||
26 | who shall become a
contributor to the fund after July 1, 1950 |
| |||||||
| |||||||
1 | prior to attainment of age 70,
who withdraws after age 65 with | ||||||
2 | less than 20 years of service, for whom the
annuity has been | ||||||
3 | fixed under the foregoing Sections of this Article shall,
in | ||||||
4 | lieu of the annuity so fixed, receive an annuity as follows:
| ||||||
5 | Such amount as he could have received had the accumulated | ||||||
6 | amounts for
annuity been improved with interest at the | ||||||
7 | effective rate to the date of
his withdrawal, or to attainment | ||||||
8 | of age 70, whichever is earlier, and had
the city contributed | ||||||
9 | to such earlier date for age and service annuity the
amount | ||||||
10 | that would have been contributed had he been under age 65, | ||||||
11 | after the
date his annuity was fixed in accordance with this | ||||||
12 | Article, and assuming
his annuity were computed from such | ||||||
13 | accumulations as of his age on such
earlier date. The annuity | ||||||
14 | so computed shall not exceed the annuity which
would be payable | ||||||
15 | under the other provisions of this Section if the employee
was | ||||||
16 | credited with 20 years of service and would qualify for annuity
| ||||||
17 | thereunder.
| ||||||
18 | (f) In lieu of the annuity provided in this or in any other | ||||||
19 | Section of
this Article, an employee having attained age 65 | ||||||
20 | with at least 15 years of
service who withdraws from service on | ||||||
21 | or after July 1, 1971 and whose
annuity computed under other | ||||||
22 | provisions of this Article is less than the
amount provided | ||||||
23 | under this paragraph shall be entitled to receive a minimum
| ||||||
24 | annual annuity for life equal to 1% of the highest average | ||||||
25 | annual salary
for any 4 consecutive years within the last 10 | ||||||
26 | years of service immediately
preceding retirement for each year |
| |||||||
| |||||||
1 | of his service plus the sum of $25 for
each year of service. | ||||||
2 | Such annual annuity shall not exceed the maximum
percentages | ||||||
3 | stated under paragraph (a) of this Section of such highest
| ||||||
4 | average annual salary.
| ||||||
5 | (f-1) Instead of any other retirement annuity provided in | ||||||
6 | this Article,
an employee who has at least 10 years of service | ||||||
7 | and withdraws from service
on or after January 1, 1999 may | ||||||
8 | elect to receive a retirement annuity for
life, beginning no | ||||||
9 | earlier than upon attainment of age 60, equal to 2.2%
if | ||||||
10 | withdrawal is before January 1, 2002, 60 days after the | ||||||
11 | effective date of
this amendatory Act of the 92nd General | ||||||
12 | Assembly or 2.4% for each year of
service if
withdrawal is on | ||||||
13 | or after January 1, 2002, 60 days after the effective date
of | ||||||
14 | this amendatory Act of the 92nd General Assembly or later, of | ||||||
15 | final
average salary for
each
year of service, subject to a | ||||||
16 | maximum of 75% of final average salary
if withdrawal is before | ||||||
17 | January 1, 2002, 60 days after the effective date of
this | ||||||
18 | amendatory Act of the 92nd General Assembly, or 80% if | ||||||
19 | withdrawal is on
or after
January 1, 2002 60 days after the | ||||||
20 | effective date of this amendatory Act of
the 92nd General | ||||||
21 | Assembly or later . For the purpose of calculating this
annuity, | ||||||
22 | "final average
salary" means the highest average annual salary | ||||||
23 | for any 4 consecutive years
in the last 10 years of service.
| ||||||
24 | (g) Any annuity payable under the preceding subsections of | ||||||
25 | this Section
11-134 shall be paid in equal monthly | ||||||
26 | installments.
|
| |||||||
| |||||||
1 | (h) The amendatory provisions of part (a) and (f) of this | ||||||
2 | Section shall
be effective July 1, 1971 and apply in the case | ||||||
3 | of every qualifying
employee withdrawing on or after July 1, | ||||||
4 | 1971.
| ||||||
5 | (h-1) The changes made to this Section by Public Act 92-609
| ||||||
6 | this
amendatory Act of the 92nd General Assembly (increasing | ||||||
7 | the retirement
formula to 2.4% per year of service and | ||||||
8 | increasing the maximum to 80%) apply
to persons who withdraw | ||||||
9 | from service on or after January 1, 2002, regardless
of whether | ||||||
10 | that withdrawal takes place before the effective date of that
| ||||||
11 | this amendatory Act. In the case of a person who withdraws from | ||||||
12 | service
on or after January 1, 2002 but begins to receive a | ||||||
13 | retirement annuity before
July 1, 2002
the effective date of | ||||||
14 | this amendatory Act , the annuity
shall be recalculated, with | ||||||
15 | the increase resulting from Public
this
amendatory Act 92-609
| ||||||
16 | accruing from the date the retirement annuity
began. The | ||||||
17 | changes made by Public Act 92-609 control over the changes made
| ||||||
18 | by Public Act 92-599, as provided in Section 95 of P.A. 92-609.
| ||||||
19 | (i) The amendatory provisions of this amendatory Act of | ||||||
20 | 1985 relating to
the discount of annuity because of retirement | ||||||
21 | prior to attainment of age 60
and increasing the retirement | ||||||
22 | formula for those born before January 1, 1936,
shall apply only | ||||||
23 | to qualifying employees withdrawing on or after
August 16, | ||||||
24 | 1985.
| ||||||
25 | (j) Beginning on January 1, 1999, the minimum amount of | ||||||
26 | employee's annuity
shall be $850 per month for life for the |
| |||||||
| |||||||
1 | following classes of employees,
without regard to the fact that | ||||||
2 | withdrawal occurred prior to the effective
date of this | ||||||
3 | amendatory Act of 1998:
| ||||||
4 | (1) any employee annuitant alive and receiving a life | ||||||
5 | annuity on the
effective date of this amendatory Act of | ||||||
6 | 1998, except a reciprocal
annuity;
| ||||||
7 | (2) any employee annuitant alive and receiving a term | ||||||
8 | annuity on the
effective date of this amendatory Act of | ||||||
9 | 1998, except a reciprocal
annuity;
| ||||||
10 | (3) any employee annuitant alive and receiving a | ||||||
11 | reciprocal annuity on
the effective date of this amendatory | ||||||
12 | Act of 1998, whose service
in this fund is at least 5 | ||||||
13 | years;
| ||||||
14 | (4) any employee annuitant withdrawing after age 60 on | ||||||
15 | or after the
effective date of this amendatory Act of 1998, | ||||||
16 | with at least 10
years of service in this fund.
| ||||||
17 | The increases granted under items (1), (2) and (3) of this | ||||||
18 | subsection (j)
shall not be limited by any other Section of | ||||||
19 | this Act.
| ||||||
20 | (Source: P.A. 92-599, eff. 6-28-02; 92-609, eff. 7-1-02; | ||||||
21 | revised 9-11-02.)
| ||||||
22 | (40 ILCS 5/Art. 13 heading) | ||||||
23 | ARTICLE 13. METROPOLITAN WATER RECLAMATION
| ||||||
24 | DISTRICT RETIREMENT FUND
SANITARY DISTRICT
| ||||||
25 | EMPLOYEE'S AND TRUSTEES' ANNUITY AND BENEFIT FUND
|
| |||||||
| |||||||
1 | (40 ILCS 5/14-103.04) (from Ch. 108 1/2, par. 14-103.04)
| ||||||
2 | Sec. 14-103.04. Department. "Department": Any department, | ||||||
3 | institution,
board, commission, officer, court, or any agency | ||||||
4 | of the State having power to
certify payrolls to the State | ||||||
5 | Comptroller authorizing payments of salary or
wages against | ||||||
6 | State appropriations, or against trust funds held by the State
| ||||||
7 | Treasurer, except those departments included under the term | ||||||
8 | "employer" in the
State Universities Retirement System. | ||||||
9 | "Department" includes the Illinois
Finance Authority. | ||||||
10 | "Department" also includes the
Illinois
Comprehensive Health | ||||||
11 | Insurance Board and the Illinois Finance Authority .
| ||||||
12 | (Source: P.A. 93-205 (Sections 890-11 and 890-44), eff. 1-1-04; | ||||||
13 | revised
9-23-03.)
| ||||||
14 | (40 ILCS 5/15-155) (from Ch. 108 1/2, par. 15-155)
| ||||||
15 | Sec. 15-155. Employer contributions.
| ||||||
16 | (a) The State of Illinois shall make contributions by | ||||||
17 | appropriations of
amounts which, together with the other | ||||||
18 | employer contributions from trust,
federal, and other funds, | ||||||
19 | employee contributions, income from investments,
and other | ||||||
20 | income of this System, will be sufficient to meet the cost of
| ||||||
21 | maintaining and administering the System on a 90% funded basis | ||||||
22 | in accordance
with actuarial recommendations.
| ||||||
23 | The Board shall determine the amount of State contributions | ||||||
24 | required for
each fiscal year on the basis of the actuarial |
| |||||||
| |||||||
1 | tables and other assumptions
adopted by the Board and the | ||||||
2 | recommendations of the actuary, using the formula
in subsection | ||||||
3 | (a-1).
| ||||||
4 | (a-1) For State fiscal years 2011 through 2045, the minimum | ||||||
5 | contribution
to the System to be made by the State for each | ||||||
6 | fiscal year shall be an amount
determined by the System to be | ||||||
7 | sufficient to bring the total assets of the
System up to 90% of | ||||||
8 | the total actuarial liabilities of the System by the end of
| ||||||
9 | State fiscal year 2045. In making these determinations, the | ||||||
10 | required State
contribution shall be calculated each year as a | ||||||
11 | level percentage of payroll
over the years remaining to and | ||||||
12 | including fiscal year 2045 and shall be
determined under the | ||||||
13 | projected unit credit actuarial cost method.
| ||||||
14 | For State fiscal years 1996 through 2005, the State | ||||||
15 | contribution to
the System, as a percentage of the applicable | ||||||
16 | employee payroll, shall be
increased in equal annual increments | ||||||
17 | so that by State fiscal year 2011, the
State is contributing at | ||||||
18 | the rate required under this Section.
| ||||||
19 | Notwithstanding any other provision of this Article, the | ||||||
20 | total required State
contribution for State fiscal year 2006 is | ||||||
21 | $166,641,900.
| ||||||
22 | Notwithstanding any other provision of this Article, the | ||||||
23 | total required State
contribution for State fiscal year 2007 is | ||||||
24 | $252,064,100.
| ||||||
25 | For each of State fiscal years 2008 through 2010, the State | ||||||
26 | contribution to
the System, as a percentage of the applicable |
| |||||||
| |||||||
1 | employee payroll, shall be
increased in equal annual increments | ||||||
2 | from the required State contribution for State fiscal year | ||||||
3 | 2007, so that by State fiscal year 2011, the
State is | ||||||
4 | contributing at the rate otherwise required under this Section.
| ||||||
5 | Beginning in State fiscal year 2046, the minimum State | ||||||
6 | contribution for
each fiscal year shall be the amount needed to | ||||||
7 | maintain the total assets of
the System at 90% of the total | ||||||
8 | actuarial liabilities of the System.
| ||||||
9 | Amounts received by the System pursuant to Section 25 of | ||||||
10 | the Budget Stabilization Act in any fiscal year do not reduce | ||||||
11 | and do not constitute payment of any portion of the minimum | ||||||
12 | State contribution required under this Article in that fiscal | ||||||
13 | year. Such amounts shall not reduce, and shall not be included | ||||||
14 | in the calculation of, the required State contributions under | ||||||
15 | this Article in any future year until the System has reached a | ||||||
16 | funding ratio of at least 90%. A reference in this Article to | ||||||
17 | the "required State contribution" or any substantially similar | ||||||
18 | term does not include or apply to any amounts payable to the | ||||||
19 | System under Section 25 of the Budget Stabilization Act. | ||||||
20 | Notwithstanding any other provision of this Section, the | ||||||
21 | required State
contribution for State fiscal year 2005 and for | ||||||
22 | fiscal year 2008 and each fiscal year thereafter, as
calculated | ||||||
23 | under this Section and
certified under Section 15-165, shall | ||||||
24 | not exceed an amount equal to (i) the
amount of the required | ||||||
25 | State contribution that would have been calculated under
this | ||||||
26 | Section for that fiscal year if the System had not received any |
| |||||||
| |||||||
1 | payments
under subsection (d) of Section 7.2 of the General | ||||||
2 | Obligation Bond Act, minus
(ii) the portion of the State's | ||||||
3 | total debt service payments for that fiscal
year on the bonds | ||||||
4 | issued for the purposes of that Section 7.2, as determined
and | ||||||
5 | certified by the Comptroller, that is the same as the System's | ||||||
6 | portion of
the total moneys distributed under subsection (d) of | ||||||
7 | Section 7.2 of the General
Obligation Bond Act. In determining | ||||||
8 | this maximum for State fiscal years 2008 through 2010, however, | ||||||
9 | the amount referred to in item (i) shall be increased, as a | ||||||
10 | percentage of the applicable employee payroll, in equal | ||||||
11 | increments calculated from the sum of the required State | ||||||
12 | contribution for State fiscal year 2007 plus the applicable | ||||||
13 | portion of the State's total debt service payments for fiscal | ||||||
14 | year 2007 on the bonds issued for the purposes of Section 7.2 | ||||||
15 | of the General
Obligation Bond Act, so that, by State fiscal | ||||||
16 | year 2011, the
State is contributing at the rate otherwise | ||||||
17 | required under this Section.
| ||||||
18 | (b) If an employee is paid from trust or federal funds, the | ||||||
19 | employer
shall pay to the Board contributions from those funds | ||||||
20 | which are
sufficient to cover the accruing normal costs on | ||||||
21 | behalf of the employee.
However, universities having employees | ||||||
22 | who are compensated out of local
auxiliary funds, income funds, | ||||||
23 | or service enterprise funds are not required
to pay such | ||||||
24 | contributions on behalf of those employees. The local auxiliary
| ||||||
25 | funds, income funds, and service enterprise funds of | ||||||
26 | universities shall not be
considered trust funds for the |
| |||||||
| |||||||
1 | purpose of this Article, but funds of alumni
associations, | ||||||
2 | foundations, and athletic associations which are affiliated | ||||||
3 | with
the universities included as employers under this Article | ||||||
4 | and other employers
which do not receive State appropriations | ||||||
5 | are considered to be trust funds for
the purpose of this | ||||||
6 | Article.
| ||||||
7 | (b-1) The City of Urbana and the City of Champaign shall | ||||||
8 | each make
employer contributions to this System for their | ||||||
9 | respective firefighter
employees who participate in this | ||||||
10 | System pursuant to subsection (h) of Section
15-107. The rate | ||||||
11 | of contributions to be made by those municipalities shall
be | ||||||
12 | determined annually by the Board on the basis of the actuarial | ||||||
13 | assumptions
adopted by the Board and the recommendations of the | ||||||
14 | actuary, and shall be
expressed as a percentage of salary for | ||||||
15 | each such employee. The Board shall
certify the rate to the | ||||||
16 | affected municipalities as soon as may be practical.
The | ||||||
17 | employer contributions required under this subsection shall be | ||||||
18 | remitted by
the municipality to the System at the same time and | ||||||
19 | in the same manner as
employee contributions.
| ||||||
20 | (c) Through State fiscal year 1995: The total employer | ||||||
21 | contribution shall
be apportioned among the various funds of | ||||||
22 | the State and other employers,
whether trust, federal, or other | ||||||
23 | funds, in accordance with actuarial procedures
approved by the | ||||||
24 | Board. State of Illinois contributions for employers receiving
| ||||||
25 | State appropriations for personal services shall be payable | ||||||
26 | from appropriations
made to the employers or to the System. The |
| |||||||
| |||||||
1 | contributions for Class I
community colleges covering earnings | ||||||
2 | other than those paid from trust and
federal funds, shall be | ||||||
3 | payable solely from appropriations to the Illinois
Community | ||||||
4 | College Board or the System for employer contributions.
| ||||||
5 | (d) Beginning in State fiscal year 1996, the required State | ||||||
6 | contributions
to the System shall be appropriated directly to | ||||||
7 | the System and shall be payable
through vouchers issued in | ||||||
8 | accordance with subsection (c) of Section 15-165, except as | ||||||
9 | provided in subsection (g).
| ||||||
10 | (e) The State Comptroller shall draw warrants payable to | ||||||
11 | the System upon
proper certification by the System or by the | ||||||
12 | employer in accordance with the
appropriation laws and this | ||||||
13 | Code.
| ||||||
14 | (f) Normal costs under this Section means liability for
| ||||||
15 | pensions and other benefits which accrues to the System because | ||||||
16 | of the
credits earned for service rendered by the participants | ||||||
17 | during the
fiscal year and expenses of administering the | ||||||
18 | System, but shall not
include the principal of or any | ||||||
19 | redemption premium or interest on any bonds
issued by the Board | ||||||
20 | or any expenses incurred or deposits required in
connection | ||||||
21 | therewith.
| ||||||
22 | (g) If the amount of a participant's earnings for any | ||||||
23 | academic year used to determine the final rate of earnings, | ||||||
24 | determined on a full-time equivalent basis, exceeds the amount | ||||||
25 | of his or her earnings with the same employer for the previous | ||||||
26 | academic year, determined on a full-time equivalent basis, by |
| |||||||
| |||||||
1 | more than 6%, the participant's employer shall pay to the | ||||||
2 | System, in addition to all other payments required under this | ||||||
3 | Section and in accordance with guidelines established by the | ||||||
4 | System, the present value of the increase in benefits resulting | ||||||
5 | from the portion of the increase in earnings that is in excess | ||||||
6 | of 6%. This present value shall be computed by the System on | ||||||
7 | the basis of the actuarial assumptions and tables used in the | ||||||
8 | most recent actuarial valuation of the System that is available | ||||||
9 | at the time of the computation. The System may require the | ||||||
10 | employer to provide any pertinent information or | ||||||
11 | documentation. | ||||||
12 | Whenever it determines that a payment is or may be required | ||||||
13 | under this subsection (g), the System shall calculate the | ||||||
14 | amount of the payment and bill the employer for that amount. | ||||||
15 | The bill shall specify the calculations used to determine the | ||||||
16 | amount due. If the employer disputes the amount of the bill, it | ||||||
17 | may, within 30 days after receipt of the bill, apply to the | ||||||
18 | System in writing for a recalculation. The application must | ||||||
19 | specify in detail the grounds of the dispute and, if the | ||||||
20 | employer asserts that the calculation is subject to subsection | ||||||
21 | (h) or (i) of this Section, must include an affidavit setting | ||||||
22 | forth and attesting to all facts within the employer's | ||||||
23 | knowledge that are pertinent to the applicability of subsection | ||||||
24 | (h) or (i). Upon receiving a timely application for | ||||||
25 | recalculation, the System shall review the application and, if | ||||||
26 | appropriate, recalculate the amount due.
|
| |||||||
| |||||||
1 | The employer contributions required under this subsection | ||||||
2 | (f) may be paid in the form of a lump sum within 90 days after | ||||||
3 | receipt of the bill. If the employer contributions are not paid | ||||||
4 | within 90 days after receipt of the bill, then interest will be | ||||||
5 | charged at a rate equal to the System's annual actuarially | ||||||
6 | assumed rate of return on investment compounded annually from | ||||||
7 | the 91st day after receipt of the bill. Payments must be | ||||||
8 | concluded within 3 years after the employer's receipt of the | ||||||
9 | bill. | ||||||
10 | (h) This subsection (h) applies only to payments made or | ||||||
11 | salary increases given on or after June 1, 2005 but before July | ||||||
12 | 1, 2011. The changes made by Public Act 94-1057
this amendatory | ||||||
13 | Act of the 94th General Assembly shall not require the System | ||||||
14 | to refund any payments received before July 31, 2006 ( the | ||||||
15 | effective date of Public Act 94-1057)
this amendatory Act . | ||||||
16 | When assessing payment for any amount due under subsection | ||||||
17 | (g), the System shall exclude earnings increases paid to | ||||||
18 | participants under contracts or collective bargaining | ||||||
19 | agreements entered into, amended, or renewed before June 1, | ||||||
20 | 2005.
| ||||||
21 | When assessing payment for any amount due under subsection | ||||||
22 | (g), the System shall exclude earnings increases paid to a | ||||||
23 | participant at a time when the participant is 10 or more years | ||||||
24 | from retirement eligibility under Section 15-135.
| ||||||
25 | When assessing payment for any amount due under subsection | ||||||
26 | (g), the System shall exclude earnings increases resulting from |
| |||||||
| |||||||
1 | overload work, including a contract for summer teaching, or | ||||||
2 | overtime when the employer has certified to the System, and the | ||||||
3 | System has approved the certification, that: (i) in the case of | ||||||
4 | overloads (A) the overload work is for the sole purpose of | ||||||
5 | academic instruction in excess of the standard number of | ||||||
6 | instruction hours for a full-time employee occurring during the | ||||||
7 | academic year that the overload is paid and (B) the earnings | ||||||
8 | increases are equal to or less than the rate of pay for | ||||||
9 | academic instruction computed using the participant's current | ||||||
10 | salary rate and work schedule; and (ii) in the case of | ||||||
11 | overtime, the overtime was necessary for the educational | ||||||
12 | mission. | ||||||
13 | When assessing payment for any amount due under subsection | ||||||
14 | (g), the System shall exclude any earnings increase resulting | ||||||
15 | from (i) a promotion for which the employee moves from one | ||||||
16 | classification to a higher classification under the State | ||||||
17 | Universities Civil Service System, (ii) a promotion in academic | ||||||
18 | rank for a tenured or tenure-track faculty position, or (iii) a | ||||||
19 | promotion that the Illinois Community College Board has | ||||||
20 | recommended in accordance with subsection (k) of this Section. | ||||||
21 | These earnings increases shall be excluded only if the | ||||||
22 | promotion is to a position that has existed and been filled by | ||||||
23 | a member for no less than one complete academic year and the | ||||||
24 | earnings increase as a result of the promotion is an increase | ||||||
25 | that results in an amount no greater than the average salary | ||||||
26 | paid for other similar positions. |
| |||||||
| |||||||
1 | (i) When assessing payment for any amount due under | ||||||
2 | subsection (g), the System shall exclude any salary increase | ||||||
3 | described in subsection (h) of this Section given on or after | ||||||
4 | July 1, 2011 but before July 1, 2014 under a contract or | ||||||
5 | collective bargaining agreement entered into, amended, or | ||||||
6 | renewed on or after June 1, 2005 but before July 1, 2011. | ||||||
7 | Notwithstanding any other provision of this Section, any | ||||||
8 | payments made or salary increases given after June 30, 2014 | ||||||
9 | shall be used in assessing payment for any amount due under | ||||||
10 | subsection (g) of this Section.
| ||||||
11 | (j) The System shall prepare a report and file copies of | ||||||
12 | the report with the Governor and the General Assembly by | ||||||
13 | January 1, 2007 that contains all of the following information: | ||||||
14 | (1) The number of recalculations required by the | ||||||
15 | changes made to this Section by Public Act 94-1057
this | ||||||
16 | amendatory Act of the 94th General Assembly for each | ||||||
17 | employer. | ||||||
18 | (2) The dollar amount by which each employer's | ||||||
19 | contribution to the System was changed due to | ||||||
20 | recalculations required by Public Act 94-1057
this | ||||||
21 | amendatory Act of the 94th General Assembly . | ||||||
22 | (3) The total amount the System received from each | ||||||
23 | employer as a result of the changes made to this Section by | ||||||
24 | Public Act 94-4. | ||||||
25 | (4) The increase in the required State contribution | ||||||
26 | resulting from the changes made to this Section by Public |
| |||||||
| |||||||
1 | Act 94-1057
this amendatory Act of the 94th General | ||||||
2 | Assembly . | ||||||
3 | (k) The Illinois Community College Board shall adopt rules | ||||||
4 | for recommending lists of promotional positions submitted to | ||||||
5 | the Board by community colleges and for reviewing the | ||||||
6 | promotional lists on an annual basis. When recommending | ||||||
7 | promotional lists, the Board shall consider the similarity of | ||||||
8 | the positions submitted to those positions recognized for State | ||||||
9 | universities by the State Universities Civil Service System. | ||||||
10 | The Illinois Community College Board shall file a copy of its | ||||||
11 | findings with the System. The System shall consider the | ||||||
12 | findings of the Illinois Community College Board when making | ||||||
13 | determinations under this Section. The System shall not exclude | ||||||
14 | any earnings increases resulting from a promotion when the | ||||||
15 | promotion was not submitted by a community college. Nothing in | ||||||
16 | this subsection (k) shall require any community college to | ||||||
17 | submit any information to the Community College Board.
| ||||||
18 | (Source: P.A. 93-2, eff. 4-7-03; 94-4, eff. 6-1-05; 94-839, | ||||||
19 | eff. 6-6-06; 94-1057, eff. 7-31-06; revised 8-3-06.)
| ||||||
20 | (40 ILCS 5/16-150) (from Ch. 108 1/2, par. 16-150)
| ||||||
21 | Sec. 16-150. Re-entry.
| ||||||
22 | (a) This Section does not apply to an annuitant who returns | ||||||
23 | to teaching
under the program established in Section 16-150.1, | ||||||
24 | for the duration of his
or her participation in that program.
| ||||||
25 | (b) If an annuitant under this System is again
employed as |
| |||||||
| |||||||
1 | a teacher for an aggregate period exceeding that permitted by
| ||||||
2 | Section 16-118, his or her retirement annuity shall be | ||||||
3 | terminated and the
annuitant shall thereupon be regarded as an | ||||||
4 | active member.
| ||||||
5 | Such annuitant is not entitled to a recomputation of his or | ||||||
6 | her
retirement annuity unless at least one full year of | ||||||
7 | creditable service is
rendered after the latest re-entry into | ||||||
8 | service and the annuitant must have
rendered at least 3 years | ||||||
9 | of creditable service after last re-entry into
service to | ||||||
10 | qualify for a recomputation of the retirement annuity based on
| ||||||
11 | amendments enacted while in receipt of a retirement annuity, | ||||||
12 | except when
retirement was due to disability.
| ||||||
13 | However, regardless of age, an annuitant in receipt of a | ||||||
14 | retirement annuity
may be given temporary employment by a | ||||||
15 | school board not exceeding that
permitted under Section 16-118 | ||||||
16 | and continue to receive the retirement annuity.
| ||||||
17 | (c) Unless retirement was necessitated by disability, a | ||||||
18 | retirement
shall be considered cancelled and the retirement | ||||||
19 | allowance must be repaid
in full if the annuitant is employed | ||||||
20 | as a teacher within the school year
during which service was | ||||||
21 | terminated.
| ||||||
22 | (d) An annuitant's retirement which does not include a | ||||||
23 | period of at
least one full and complete school year shall be | ||||||
24 | considered cancelled and
the retirement annuity must be repaid | ||||||
25 | in full unless such retirement was
necessitated by disability.
| ||||||
26 | (Source: P.A. 93-320, eff. 7-23-03; 93-469, eff. 8-8-03; |
| |||||||
| |||||||
1 | revised 9-11-03.)
| ||||||
2 | (40 ILCS 5/16-158)
(from Ch. 108 1/2, par. 16-158)
| ||||||
3 | Sec. 16-158. Contributions by State and other employing | ||||||
4 | units.
| ||||||
5 | (a) The State shall make contributions to the System by | ||||||
6 | means of
appropriations from the Common School Fund and other | ||||||
7 | State funds of amounts
which, together with other employer | ||||||
8 | contributions, employee contributions,
investment income, and | ||||||
9 | other income, will be sufficient to meet the cost of
| ||||||
10 | maintaining and administering the System on a 90% funded basis | ||||||
11 | in accordance
with actuarial recommendations.
| ||||||
12 | The Board shall determine the amount of State contributions | ||||||
13 | required for
each fiscal year on the basis of the actuarial | ||||||
14 | tables and other assumptions
adopted by the Board and the | ||||||
15 | recommendations of the actuary, using the formula
in subsection | ||||||
16 | (b-3).
| ||||||
17 | (a-1) Annually, on or before November 15, the Board shall | ||||||
18 | certify to the
Governor the amount of the required State | ||||||
19 | contribution for the coming fiscal
year. The certification | ||||||
20 | shall include a copy of the actuarial recommendations
upon | ||||||
21 | which it is based.
| ||||||
22 | On or before May 1, 2004, the Board shall recalculate and | ||||||
23 | recertify to
the Governor the amount of the required State | ||||||
24 | contribution to the System for
State fiscal year 2005, taking | ||||||
25 | into account the amounts appropriated to and
received by the |
| |||||||
| |||||||
1 | System under subsection (d) of Section 7.2 of the General
| ||||||
2 | Obligation Bond Act.
| ||||||
3 | On or before July 1, 2005, the Board shall recalculate and | ||||||
4 | recertify
to the Governor the amount of the required State
| ||||||
5 | contribution to the System for State fiscal year 2006, taking | ||||||
6 | into account the changes in required State contributions made | ||||||
7 | by this amendatory Act of the 94th General Assembly.
| ||||||
8 | (b) Through State fiscal year 1995, the State contributions | ||||||
9 | shall be
paid to the System in accordance with Section 18-7 of | ||||||
10 | the School Code.
| ||||||
11 | (b-1) Beginning in State fiscal year 1996, on the 15th day | ||||||
12 | of each month,
or as soon thereafter as may be practicable, the | ||||||
13 | Board shall submit vouchers
for payment of State contributions | ||||||
14 | to the System, in a total monthly amount of
one-twelfth of the | ||||||
15 | required annual State contribution certified under
subsection | ||||||
16 | (a-1).
From the
effective date of this amendatory Act of the | ||||||
17 | 93rd General Assembly
through June 30, 2004, the Board shall | ||||||
18 | not submit vouchers for the
remainder of fiscal year 2004 in | ||||||
19 | excess of the fiscal year 2004
certified contribution amount | ||||||
20 | determined under this Section
after taking into consideration | ||||||
21 | the transfer to the System
under subsection (a) of Section | ||||||
22 | 6z-61 of the State Finance Act.
These vouchers shall be paid by | ||||||
23 | the State Comptroller and
Treasurer by warrants drawn on the | ||||||
24 | funds appropriated to the System for that
fiscal year.
| ||||||
25 | If in any month the amount remaining unexpended from all | ||||||
26 | other appropriations
to the System for the applicable fiscal |
| |||||||
| |||||||
1 | year (including the appropriations to
the System under Section | ||||||
2 | 8.12 of the State Finance Act and Section 1 of the
State | ||||||
3 | Pension Funds Continuing Appropriation Act) is less than the | ||||||
4 | amount
lawfully vouchered under this subsection, the | ||||||
5 | difference shall be paid from the
Common School Fund under the | ||||||
6 | continuing appropriation authority provided in
Section 1.1 of | ||||||
7 | the State Pension Funds Continuing Appropriation Act.
| ||||||
8 | (b-2) Allocations from the Common School Fund apportioned | ||||||
9 | to school
districts not coming under this System shall not be | ||||||
10 | diminished or affected by
the provisions of this Article.
| ||||||
11 | (b-3) For State fiscal years 2011 through 2045, the minimum | ||||||
12 | contribution
to the System to be made by the State for each | ||||||
13 | fiscal year shall be an amount
determined by the System to be | ||||||
14 | sufficient to bring the total assets of the
System up to 90% of | ||||||
15 | the total actuarial liabilities of the System by the end of
| ||||||
16 | State fiscal year 2045. In making these determinations, the | ||||||
17 | required State
contribution shall be calculated each year as a | ||||||
18 | level percentage of payroll
over the years remaining to and | ||||||
19 | including fiscal year 2045 and shall be
determined under the | ||||||
20 | projected unit credit actuarial cost method.
| ||||||
21 | For State fiscal years 1996 through 2005, the State | ||||||
22 | contribution to the
System, as a percentage of the applicable | ||||||
23 | employee payroll, shall be increased
in equal annual increments | ||||||
24 | so that by State fiscal year 2011, the State is
contributing at | ||||||
25 | the rate required under this Section; except that in the
| ||||||
26 | following specified State fiscal years, the State contribution |
| |||||||
| |||||||
1 | to the System
shall not be less than the following indicated | ||||||
2 | percentages of the applicable
employee payroll, even if the | ||||||
3 | indicated percentage will produce a State
contribution in | ||||||
4 | excess of the amount otherwise required under this subsection
| ||||||
5 | and subsection (a), and notwithstanding any contrary | ||||||
6 | certification made under
subsection (a-1) before the effective | ||||||
7 | date of this amendatory Act of 1998:
10.02% in FY 1999;
10.77% | ||||||
8 | in FY 2000;
11.47% in FY 2001;
12.16% in FY 2002;
12.86% in FY | ||||||
9 | 2003; and
13.56% in FY 2004.
| ||||||
10 | Notwithstanding any other provision of this Article, the | ||||||
11 | total required State
contribution for State fiscal year 2006 is | ||||||
12 | $534,627,700.
| ||||||
13 | Notwithstanding any other provision of this Article, the | ||||||
14 | total required State
contribution for State fiscal year 2007 is | ||||||
15 | $738,014,500.
| ||||||
16 | For each of State fiscal years 2008 through 2010, the State | ||||||
17 | contribution to
the System, as a percentage of the applicable | ||||||
18 | employee payroll, shall be
increased in equal annual increments | ||||||
19 | from the required State contribution for State fiscal year | ||||||
20 | 2007, so that by State fiscal year 2011, the
State is | ||||||
21 | contributing at the rate otherwise required under this Section.
| ||||||
22 | Beginning in State fiscal year 2046, the minimum State | ||||||
23 | contribution for
each fiscal year shall be the amount needed to | ||||||
24 | maintain the total assets of
the System at 90% of the total | ||||||
25 | actuarial liabilities of the System.
| ||||||
26 | Amounts received by the System pursuant to Section 25 of |
| |||||||
| |||||||
1 | the Budget Stabilization Act in any fiscal year do not reduce | ||||||
2 | and do not constitute payment of any portion of the minimum | ||||||
3 | State contribution required under this Article in that fiscal | ||||||
4 | year. Such amounts shall not reduce, and shall not be included | ||||||
5 | in the calculation of, the required State contributions under | ||||||
6 | this Article in any future year until the System has reached a | ||||||
7 | funding ratio of at least 90%. A reference in this Article to | ||||||
8 | the "required State contribution" or any substantially similar | ||||||
9 | term does not include or apply to any amounts payable to the | ||||||
10 | System under Section 25 of the Budget Stabilization Act. | ||||||
11 | Notwithstanding any other provision of this Section, the | ||||||
12 | required State
contribution for State fiscal year 2005 and for | ||||||
13 | fiscal year 2008 and each fiscal year thereafter, as
calculated | ||||||
14 | under this Section and
certified under subsection (a-1), shall | ||||||
15 | not exceed an amount equal to (i) the
amount of the required | ||||||
16 | State contribution that would have been calculated under
this | ||||||
17 | Section for that fiscal year if the System had not received any | ||||||
18 | payments
under subsection (d) of Section 7.2 of the General | ||||||
19 | Obligation Bond Act, minus
(ii) the portion of the State's | ||||||
20 | total debt service payments for that fiscal
year on the bonds | ||||||
21 | issued for the purposes of that Section 7.2, as determined
and | ||||||
22 | certified by the Comptroller, that is the same as the System's | ||||||
23 | portion of
the total moneys distributed under subsection (d) of | ||||||
24 | Section 7.2 of the General
Obligation Bond Act. In determining | ||||||
25 | this maximum for State fiscal years 2008 through 2010, however, | ||||||
26 | the amount referred to in item (i) shall be increased, as a |
| |||||||
| |||||||
1 | percentage of the applicable employee payroll, in equal | ||||||
2 | increments calculated from the sum of the required State | ||||||
3 | contribution for State fiscal year 2007 plus the applicable | ||||||
4 | portion of the State's total debt service payments for fiscal | ||||||
5 | year 2007 on the bonds issued for the purposes of Section 7.2 | ||||||
6 | of the General
Obligation Bond Act, so that, by State fiscal | ||||||
7 | year 2011, the
State is contributing at the rate otherwise | ||||||
8 | required under this Section.
| ||||||
9 | (c) Payment of the required State contributions and of all | ||||||
10 | pensions,
retirement annuities, death benefits, refunds, and | ||||||
11 | other benefits granted
under or assumed by this System, and all | ||||||
12 | expenses in connection with the
administration and operation | ||||||
13 | thereof, are obligations of the State.
| ||||||
14 | If members are paid from special trust or federal funds | ||||||
15 | which are
administered by the employing unit, whether school | ||||||
16 | district or other
unit, the employing unit shall pay to the | ||||||
17 | System from such
funds the full accruing retirement costs based | ||||||
18 | upon that
service, as determined by the System. Employer | ||||||
19 | contributions, based on
salary paid to members from federal | ||||||
20 | funds, may be forwarded by the distributing
agency of the State | ||||||
21 | of Illinois to the System prior to allocation, in an
amount | ||||||
22 | determined in accordance with guidelines established by such
| ||||||
23 | agency and the System.
| ||||||
24 | (d) Effective July 1, 1986, any employer of a teacher as | ||||||
25 | defined in
paragraph (8) of Section 16-106 shall pay the | ||||||
26 | employer's normal cost
of benefits based upon the teacher's |
| |||||||
| |||||||
1 | service, in addition to
employee contributions, as determined | ||||||
2 | by the System. Such employer
contributions shall be forwarded | ||||||
3 | monthly in accordance with guidelines
established by the | ||||||
4 | System.
| ||||||
5 | However, with respect to benefits granted under Section | ||||||
6 | 16-133.4 or
16-133.5 to a teacher as defined in paragraph (8) | ||||||
7 | of Section 16-106, the
employer's contribution shall be 12% | ||||||
8 | (rather than 20%) of the member's
highest annual salary rate | ||||||
9 | for each year of creditable service granted, and
the employer | ||||||
10 | shall also pay the required employee contribution on behalf of
| ||||||
11 | the teacher. For the purposes of Sections 16-133.4 and | ||||||
12 | 16-133.5, a teacher
as defined in paragraph (8) of Section | ||||||
13 | 16-106 who is serving in that capacity
while on leave of | ||||||
14 | absence from another employer under this Article shall not
be | ||||||
15 | considered an employee of the employer from which the teacher | ||||||
16 | is on leave.
| ||||||
17 | (e) Beginning July 1, 1998, every employer of a teacher
| ||||||
18 | shall pay to the System an employer contribution computed as | ||||||
19 | follows:
| ||||||
20 | (1) Beginning July 1, 1998 through June 30, 1999, the | ||||||
21 | employer
contribution shall be equal to 0.3% of each | ||||||
22 | teacher's salary.
| ||||||
23 | (2) Beginning July 1, 1999 and thereafter, the employer
| ||||||
24 | contribution shall be equal to 0.58% of each teacher's | ||||||
25 | salary.
| ||||||
26 | The school district or other employing unit may pay these |
| |||||||
| |||||||
1 | employer
contributions out of any source of funding available | ||||||
2 | for that purpose and
shall forward the contributions to the | ||||||
3 | System on the schedule established
for the payment of member | ||||||
4 | contributions.
| ||||||
5 | These employer contributions are intended to offset a | ||||||
6 | portion of the cost
to the System of the increases in | ||||||
7 | retirement benefits resulting from this
amendatory Act of 1998.
| ||||||
8 | Each employer of teachers is entitled to a credit against | ||||||
9 | the contributions
required under this subsection (e) with | ||||||
10 | respect to salaries paid to teachers
for the period January 1, | ||||||
11 | 2002 through June 30, 2003, equal to the amount paid
by that | ||||||
12 | employer under subsection (a-5) of Section 6.6 of the State | ||||||
13 | Employees
Group Insurance Act of 1971 with respect to salaries | ||||||
14 | paid to teachers for that
period.
| ||||||
15 | The additional 1% employee contribution required under | ||||||
16 | Section 16-152 by
this amendatory Act of 1998 is the | ||||||
17 | responsibility of the teacher and not the
teacher's employer, | ||||||
18 | unless the employer agrees, through collective bargaining
or | ||||||
19 | otherwise, to make the contribution on behalf of the teacher.
| ||||||
20 | If an employer is required by a contract in effect on May | ||||||
21 | 1, 1998 between the
employer and an employee organization to | ||||||
22 | pay, on behalf of all its full-time
employees
covered by this | ||||||
23 | Article, all mandatory employee contributions required under
| ||||||
24 | this Article, then the employer shall be excused from paying | ||||||
25 | the employer
contribution required under this subsection (e) | ||||||
26 | for the balance of the term
of that contract. The employer and |
| |||||||
| |||||||
1 | the employee organization shall jointly
certify to the System | ||||||
2 | the existence of the contractual requirement, in such
form as | ||||||
3 | the System may prescribe. This exclusion shall cease upon the
| ||||||
4 | termination, extension, or renewal of the contract at any time | ||||||
5 | after May 1,
1998.
| ||||||
6 | (f) If the amount of a teacher's salary for any school year | ||||||
7 | used to determine final average salary exceeds the member's | ||||||
8 | annual full-time salary rate with the same employer for the | ||||||
9 | previous school year by more than 6%, the teacher's employer | ||||||
10 | shall pay to the System, in addition to all other payments | ||||||
11 | required under this Section and in accordance with guidelines | ||||||
12 | established by the System, the present value of the increase in | ||||||
13 | benefits resulting from the portion of the increase in salary | ||||||
14 | that is in excess of 6%. This present value shall be computed | ||||||
15 | by the System on the basis of the actuarial assumptions and | ||||||
16 | tables used in the most recent actuarial valuation of the | ||||||
17 | System that is available at the time of the computation. For | ||||||
18 | the purposes of this Section, change in employment under | ||||||
19 | Section 10-21.12 of the School Code shall constitute a change | ||||||
20 | in employer. The System may require the employer to provide any | ||||||
21 | pertinent information or documentation.
| ||||||
22 | Whenever it determines that a payment is or may be required | ||||||
23 | under this subsection, the System shall calculate the amount of | ||||||
24 | the payment and bill the employer for that amount. The bill | ||||||
25 | shall specify the calculations used to determine the amount | ||||||
26 | due. If the employer disputes the amount of the bill, it may, |
| |||||||
| |||||||
1 | within 30 days after receipt of the bill, apply to the System | ||||||
2 | in writing for a recalculation. The application must specify in | ||||||
3 | detail the grounds of the dispute and, if the employer asserts | ||||||
4 | that the calculation is subject to subsection (g) or (h) of | ||||||
5 | this Section, must include an affidavit setting forth and | ||||||
6 | attesting to all facts within the employer's knowledge that are | ||||||
7 | pertinent to the applicability of that subsection. Upon | ||||||
8 | receiving a timely application for recalculation, the System | ||||||
9 | shall review the application and, if appropriate, recalculate | ||||||
10 | the amount due.
| ||||||
11 | The employer contributions required under this subsection | ||||||
12 | (f) may be paid in the form of a lump sum within 90 days after | ||||||
13 | receipt of the bill. If the employer contributions are not paid | ||||||
14 | within 90 days after receipt of the bill, then interest will be | ||||||
15 | charged at a rate equal to the System's annual actuarially | ||||||
16 | assumed rate of return on investment compounded annually from | ||||||
17 | the 91st day after receipt of the bill. Payments must be | ||||||
18 | concluded within 3 years after the employer's receipt of the | ||||||
19 | bill.
| ||||||
20 | (g) This subsection (g) applies only to payments made or | ||||||
21 | salary increases given on or after June 1, 2005 but before July | ||||||
22 | 1, 2011. The changes made by Public Act 94-1057
this amendatory | ||||||
23 | Act of the 94th General Assembly shall not require the System | ||||||
24 | to refund any payments received before July 31, 2006
( the | ||||||
25 | effective date of Public Act 94-1057)
this amendatory Act . | ||||||
26 | When assessing payment for any amount due under subsection |
| |||||||
| |||||||
1 | (f), the System shall exclude salary increases paid to teachers | ||||||
2 | under contracts or collective bargaining agreements entered | ||||||
3 | into, amended, or renewed before June 1, 2005.
| ||||||
4 | When assessing payment for any amount due under subsection | ||||||
5 | (f), the System shall exclude salary increases paid to a | ||||||
6 | teacher at a time when the teacher is 10 or more years from | ||||||
7 | retirement eligibility under Section 16-132 or 16-133.2.
| ||||||
8 | When assessing payment for any amount due under subsection | ||||||
9 | (f), the System shall exclude salary increases resulting from | ||||||
10 | overload work, including summer school, when the school | ||||||
11 | district has certified to the System, and the System has | ||||||
12 | approved the certification, that (i) the overload work is for | ||||||
13 | the sole purpose of classroom instruction in excess of the | ||||||
14 | standard number of classes for a full-time teacher in a school | ||||||
15 | district during a school year and (ii) the salary increases are | ||||||
16 | equal to or less than the rate of pay for classroom instruction | ||||||
17 | computed on the teacher's current salary and work schedule.
| ||||||
18 | When assessing payment for any amount due under subsection | ||||||
19 | (f), the System shall exclude a salary increase resulting from | ||||||
20 | a promotion (i) for which the employee is required to hold a | ||||||
21 | certificate or supervisory endorsement issued by the State | ||||||
22 | Teacher Certification Board that is a different certification | ||||||
23 | or supervisory endorsement than is required for the teacher's | ||||||
24 | previous position and (ii) to a position that has existed and | ||||||
25 | been filled by a member for no less than one complete academic | ||||||
26 | year and the salary increase from the promotion is an increase |
| |||||||
| |||||||
1 | that results in an amount no greater than the lesser of the | ||||||
2 | average salary paid for other similar positions in the district | ||||||
3 | requiring the same certification or the amount stipulated in | ||||||
4 | the collective bargaining agreement for a similar position | ||||||
5 | requiring the same certification.
| ||||||
6 | When assessing payment for any amount due under subsection | ||||||
7 | (f), the System shall exclude any payment to the teacher from | ||||||
8 | the State of Illinois or the State Board of Education over | ||||||
9 | which the employer does not have discretion, notwithstanding | ||||||
10 | that the payment is included in the computation of final | ||||||
11 | average salary.
| ||||||
12 | (h) When assessing payment for any amount due under | ||||||
13 | subsection (f), the System shall exclude any salary increase | ||||||
14 | described in subsection (g) of this Section given on or after | ||||||
15 | July 1, 2011 but before July 1, 2014 under a contract or | ||||||
16 | collective bargaining agreement entered into, amended, or | ||||||
17 | renewed on or after June 1, 2005 but before July 1, 2011. | ||||||
18 | Notwithstanding any other provision of this Section, any | ||||||
19 | payments made or salary increases given after June 30, 2014 | ||||||
20 | shall be used in assessing payment for any amount due under | ||||||
21 | subsection (f) of this Section.
| ||||||
22 | (i) The System shall prepare a report and file copies of | ||||||
23 | the report with the Governor and the General Assembly by | ||||||
24 | January 1, 2007 that contains all of the following information: | ||||||
25 | (1) The number of recalculations required by the | ||||||
26 | changes made to this Section by Public Act 94-1057
this |
| |||||||
| |||||||
1 | amendatory Act of the 94th General Assembly for each | ||||||
2 | employer. | ||||||
3 | (2) The dollar amount by which each employer's | ||||||
4 | contribution to the System was changed due to | ||||||
5 | recalculations required by Public Act 94-1057
this | ||||||
6 | amendatory Act of the 94th General Assembly . | ||||||
7 | (3) The total amount the System received from each | ||||||
8 | employer as a result of the changes made to this Section by | ||||||
9 | Public Act 94-4. | ||||||
10 | (4) The increase in the required State contribution | ||||||
11 | resulting from the changes made to this Section by Public | ||||||
12 | Act 94-1057
this amendatory Act of the 94th General | ||||||
13 | Assembly .
| ||||||
14 | (Source: P.A. 93-2, eff. 4-7-03; 93-665, eff. 3-5-04; 94-4, | ||||||
15 | eff. 6-1-05; 94-839, eff. 6-6-06; 94-1057, eff. 7-31-06; | ||||||
16 | revised 8-3-06.)
| ||||||
17 | (40 ILCS 5/16-165) (from Ch. 108 1/2, par. 16-165)
| ||||||
18 | Sec. 16-165. Board; elected members; vacancies.
| ||||||
19 | (a) In each odd-numbered year, there shall be elected 2 | ||||||
20 | teachers who
shall hold office for a term of 4 years beginning | ||||||
21 | July 15 next following their
election, in the manner provided | ||||||
22 | under this Section. An elected teacher
member of the board who | ||||||
23 | ceases to be a teacher as defined in Section 16-106 may
| ||||||
24 | continue to serve on the board for the remainder of the term to | ||||||
25 | which he or she
was elected.
|
| |||||||
| |||||||
1 | (b) One elected annuitant trustee shall first be elected in
| ||||||
2 | 1987, and in every fourth year thereafter, for a
term of 4 | ||||||
3 | years beginning July 15 next following his or her election.
| ||||||
4 | (c) The elected annuitant position created by this | ||||||
5 | amendatory Act of
the 91st General Assembly shall be filled as | ||||||
6 | soon as possible in the manner
provided for vacancies, for an | ||||||
7 | initial term ending July 15, 2001. One
elected annuitant | ||||||
8 | trustee shall be elected in 2001, and in every fourth year
| ||||||
9 | thereafter, for a term of 4 years beginning July 15 next | ||||||
10 | following his or her
election.
| ||||||
11 | (d) Elections shall be held on May 1, unless May 1 falls on | ||||||
12 | a Saturday
or Sunday, in which event the election shall be | ||||||
13 | conducted on the
following Monday. Candidates shall be | ||||||
14 | nominated by petitions in writing,
signed by not less than 500 | ||||||
15 | teachers or annuitants, as the case may be, with
their | ||||||
16 | addresses shown opposite their names. The petitions shall be | ||||||
17 | filed with
the board's Secretary not less than 90 nor more than | ||||||
18 | 120 days prior to May 1.
The Secretary shall determine their | ||||||
19 | validity not less than 75 days before the
election.
| ||||||
20 | (e) If, for either teacher or annuitant members, the number | ||||||
21 | of qualified
nominees exceeds the number of available | ||||||
22 | positions,
the system shall prepare an appropriate ballot with | ||||||
23 | the names of the candidates
in alphabetical order and shall | ||||||
24 | mail one copy thereof, at least 10 days prior
to the election | ||||||
25 | day, to each teacher or annuitant of this system as of the
| ||||||
26 | latest date practicable, at the latest known address, together |
| |||||||
| |||||||
1 | with a return
envelope addressed to the board and also a | ||||||
2 | smaller envelope marked "For Ballot
Only", and a slip for | ||||||
3 | signature. Each voter, upon marking his ballot with a
cross | ||||||
4 | mark in the square before the name of the person voted for, | ||||||
5 | shall place
the ballot in the envelope marked "For Ballot | ||||||
6 | Only", seal the envelope, write
on the slip provided therefor | ||||||
7 | his signature and address, enclose both the slip
and sealed | ||||||
8 | envelope containing the marked ballot in the return envelope
| ||||||
9 | addressed to the board, and mail it. Whether a person is | ||||||
10 | eligible to vote for
the teacher nominees or the annuitant | ||||||
11 | nominees shall be
determined from system payroll records as of | ||||||
12 | March 1.
| ||||||
13 | Upon receipt of the return envelopes, the system shall open | ||||||
14 | them and set
aside unopened the envelopes marked "For Ballot | ||||||
15 | Only". On election day ballots
shall be publicly opened and | ||||||
16 | counted by the trustees or canvassers appointed
therefor. Each | ||||||
17 | vote cast for a candidate represents one vote only. No ballot
| ||||||
18 | arriving after 10 o'clock a.m. on election day shall be | ||||||
19 | counted. The 2 teacher
candidates and the annuitant candidate | ||||||
20 | receiving the highest number of votes
shall be elected. The | ||||||
21 | board shall declare the results of the election, keep a
record | ||||||
22 | thereof, and notify the candidates of the results thereof | ||||||
23 | within 30 days
after the election.
| ||||||
24 | If, for either class of members, there are only as many
| ||||||
25 | qualified nominees as there are positions available, the | ||||||
26 | balloting as described
in this
Section shall not be conducted |
| |||||||
| |||||||
1 | for those nominees,
and the board shall declare them duly | ||||||
2 | elected.
| ||||||
3 | (f) A vacancy occurring in the elective membership of
the | ||||||
4 | board
shall be filled for the unexpired term by a person | ||||||
5 | qualified
for the vacant position, selected by the remaining | ||||||
6 | elected members of the
board , if there are no more than 6 | ||||||
7 | months remaining on the
term. For a term with more than 6 | ||||||
8 | months remaining, the Director of the
Teachers' Retirement | ||||||
9 | System of the State of Illinois shall institute an
election in | ||||||
10 | accordance with this Act to fill the unexpired term.
| ||||||
11 | (Source: P.A. 94-423, eff. 8-2-05; 94-710, eff. 12-5-05; | ||||||
12 | revised 12-8-05.)
| ||||||
13 | (40 ILCS 5/16-182) (from Ch. 108 1/2, par. 16-182)
| ||||||
14 | Sec. 16-182. Members' Contribution Reserve. (a) On July 1, | ||||||
15 | 2003, the
Members' Contribution Reserve is abolished and the | ||||||
16 | remaining balance shall be
transferred from that Reserve to the | ||||||
17 | Benefit Trust Reserve.
| ||||||
18 | (Source: P.A. 93-469, eff. 8-8-03; revised 10-9-03.)
| ||||||
19 | Section 430. The Interstate Compact on Adoption Act is | ||||||
20 | amended by changing Sections 5-35 and 5-40 as follows:
| ||||||
21 | (45 ILCS 17/5-35)
| ||||||
22 | Sec. 5-35. Medical assistance.
| ||||||
23 | (a) A child with special needs who resides in this State |
| |||||||
| |||||||
1 | and who is the
subject
of an adoption assistance agreement with | ||||||
2 | another state shall be eligible for
medical assistance from | ||||||
3 | this State under Article V of
the Illinois Public Aid Code upon | ||||||
4 | the filing of agreed documentation obtained
from the assistance | ||||||
5 | state and filed with the Illinois Department of Healthcare and | ||||||
6 | Family Services
Public Aid .
The Department of Children and | ||||||
7 | Family Services
shall be required at least annually to | ||||||
8 | establish that the agreement
is still in force or has been | ||||||
9 | renewed.
| ||||||
10 | (b) If a child (i) is in another state, (ii) is covered by | ||||||
11 | an adoption
assistance agreement made by the Illinois | ||||||
12 | Department of Children and Family
Services, and (iii) was | ||||||
13 | eligible for medical assistance under Article V of the
Illinois | ||||||
14 | Public Aid Code at the time he or she resided in this State and | ||||||
15 | would
continue to be eligible for that
assistance if he or she | ||||||
16 | was currently residing in this State, then that child
is | ||||||
17 | eligible for medical assistance under Article V of the Illinois | ||||||
18 | Public Aid
Code, but only for those medical assistance benefits | ||||||
19 | under Article V that are
not provided by the other state.
There
| ||||||
20 | shall be no
payment or reimbursement by this State for
services | ||||||
21 | or benefits covered under any insurance or other third party
| ||||||
22 | medical contract or arrangement held by the child or the | ||||||
23 | adoptive parents.
| ||||||
24 | (c) The submission of any claim for payment or | ||||||
25 | reimbursement for services or
benefits pursuant to this Section | ||||||
26 | or the making of any statement in connection
therewith, which |
| |||||||
| |||||||
1 | claim or statement the maker knows or should know to be false,
| ||||||
2 | misleading, or fraudulent, shall be punishable as perjury and | ||||||
3 | shall also be
subject to a fine not to exceed $10,000 or | ||||||
4 | imprisonment for not to exceed 2
years, or both.
| ||||||
5 | (d) The provisions of this Section shall apply only to | ||||||
6 | medical assistance
for children under adoption assistance | ||||||
7 | agreements from states that have entered
into a compact with | ||||||
8 | this State under which the other state provided medical
| ||||||
9 | assistance to children with special needs under adoption | ||||||
10 | assistance agreements
made by this State.
| ||||||
11 | (e) The Illinois Department of Children and Family Services | ||||||
12 | and the Department of Healthcare and Family Services
Illinois
| ||||||
13 | Department of Public Aid may adopt all rules necessary to | ||||||
14 | implement this
Section.
| ||||||
15 | (Source: P.A. 90-28, eff. 1-1-98; revised 12-15-05.)
| ||||||
16 | (45 ILCS 17/5-40)
| ||||||
17 | Sec. 5-40. Federal participation. Consistent with federal | ||||||
18 | law, the Illinois Department of Children and Family
Services | ||||||
19 | and the Department of Healthcare and Family Services
Illinois | ||||||
20 | Department of Public Aid or the Illinois Department
of Human | ||||||
21 | Services, as the successor agency of the Illinois Department of | ||||||
22 | Public
Aid, in connection with the
administration of this Act | ||||||
23 | and any compact entered into pursuant to this Act,
shall | ||||||
24 | include in any
state plan made pursuant to the Adoption | ||||||
25 | Assistance and Child Welfare Act of
1980
(P.L. 96-272), Titles |
| |||||||
| |||||||
1 | IV (e) and XIX of the Social Security Act, and any other
| ||||||
2 | applicable federal laws the provision of adoption assistance | ||||||
3 | and medical
assistance for which the federal government pays | ||||||
4 | some or all of the cost. The
Department of Children and Family | ||||||
5 | Services and the Department of Healthcare and Family Services
| ||||||
6 | Illinois Department of
Public Aid or the Department of Human | ||||||
7 | Services, as the successor agency of the
Illinois Department of | ||||||
8 | Public Aid, shall apply for and
administer all relevant federal | ||||||
9 | aid in accordance with law.
| ||||||
10 | (Source: P.A. 90-28, eff. 1-1-98; revised 12-15-05.)
| ||||||
11 | Section 435. The Bi-State Development Agency Act is amended | ||||||
12 | by changing Section 3 as follows:
| ||||||
13 | (45 ILCS 105/3) (from Ch. 127, par. 63s-3)
| ||||||
14 | Sec. 3. Vacancies occurring in the office of any | ||||||
15 | commissioner shall be
filled by appointment by the Chairman of | ||||||
16 | the County Board that made the
original appointment of that | ||||||
17 | commissioner, with the advice and consent of the
respective | ||||||
18 | county board, for the unexpired term. Any vacancies occurring
| ||||||
19 | during the transition for the implementation of this amendatory | ||||||
20 | Act of the 93rd
General Assembly that were appointed by the | ||||||
21 | Governor, and not by the respective
County Board Chairmen, | ||||||
22 | shall be filled by the appointment by the County Board
Chairman | ||||||
23 | of Madison County if occurring in the years 2004, 2006, or 2008 | ||||||
24 | or by
the County Board Chairman of St. Clair County if |
| |||||||
| |||||||
1 | occurring in the years 2005 or
2007, each with the advice and | ||||||
2 | consent of the respective county board. .
| ||||||
3 | (Source: P.A. 93-432, eff. 6-1-04; revised 10-29-04.)
| ||||||
4 | Section 440. The Interstate Insurance Receivership Compact | ||||||
5 | Act is amended by changing Section 5 as follows:
| ||||||
6 | (45 ILCS 160/5)
| ||||||
7 | Sec. 5. Ratification of Compact. The State of Illinois | ||||||
8 | ratifies and
approves the Interstate Insurance Receivership | ||||||
9 | Compact and enters into that
Compact with all other | ||||||
10 | jurisdictions legally joining in it in substantially the
| ||||||
11 | following form:
| ||||||
12 | ARTICLE I. PURPOSES
| ||||||
13 | The purposes of this Compact are, through means of joint | ||||||
14 | and cooperative
action among the compacting states:
| ||||||
15 | (1) to promote, develop and facilitate orderly, efficient, | ||||||
16 | cost-effective,
and uniform insurer receivership laws and | ||||||
17 | operations;
| ||||||
18 | (2) to coordinate interaction between insurer receivership | ||||||
19 | and Guaranty
Association operations;
| ||||||
20 | (3) to create the Interstate Insurance Receivership | ||||||
21 | Commission; and
| ||||||
22 | (4) to perform these and such other related functions as | ||||||
23 | may be
consistent with the state regulation of the business of |
| |||||||
| |||||||
1 | insurance pursuant to
the McCarran-Ferguson Act.
| ||||||
2 | ARTICLE II. DEFINITIONS
| ||||||
3 | For the purposes of this Compact:
| ||||||
4 | (1) "By-laws" means those by-laws prescribed by the | ||||||
5 | Commission for its
governance or for directing or controlling | ||||||
6 | the Commission's actions or
conduct.
| ||||||
7 | (2) "Compacting state" means any state which has enacted | ||||||
8 | enabling
legislation for this Compact.
| ||||||
9 | (3) "Commission" means the Interstate Insurance | ||||||
10 | Receivership Commission
established by this Compact.
| ||||||
11 | (4) "Commissioner" means the chief insurance regulatory | ||||||
12 | official of a state.
| ||||||
13 | (5) "Deputy Receiver" means a person appointed or retained | ||||||
14 | by a
Receiver and who is the Receiver's duly authorized | ||||||
15 | representative for
administering one or more estates.
| ||||||
16 | (6) "Domiciliary state" means the state in which an insurer | ||||||
17 | is incorporated
or organized; or, in the case of an alien | ||||||
18 | insurer, its state of entry; or in
the case of an unauthorized | ||||||
19 | insurer not incorporated, organized, or entered in
any state, a | ||||||
20 | state where the insurer is engaged in or doing business.
| ||||||
21 | (7) "Estate" means the assets and liabilities of any | ||||||
22 | insurer in
receivership.
| ||||||
23 | (8) "Guaranty Association" means an insurance guaranty | ||||||
24 | fund or association
or any similar entity now or hereafter | ||||||
25 | created by statute in a compacting
state, other than a |
| |||||||
| |||||||
1 | receivership, to pay or assume, in whole or in part, the
| ||||||
2 | contractual claim obligations of insolvent insurers.
| ||||||
3 | (9) "Insurer" means any person or entity that has done, | ||||||
4 | purports to do, is
doing, or is licensed to do any insurance or | ||||||
5 | reinsurance business, or is or has
been subject to the | ||||||
6 | authority of, or to liquidation, rehabilitation,
supervision, | ||||||
7 | conservation, or ancillary receivership by, any Commissioner.
| ||||||
8 | (10) "Member" means the Commissioner of a compacting state | ||||||
9 | or his or her
designee, who shall be a person officially | ||||||
10 | connected with the Commissioner
and who is wholly or | ||||||
11 | principally employed by the Commissioner.
| ||||||
12 | (11) "Non-compacting state" means a state which has not | ||||||
13 | enacted enabling
legislation for this Compact.
| ||||||
14 | (12) "Operating procedures" means procedures promulgated | ||||||
15 | by the Commission
implementing a rule, an existing law in a | ||||||
16 | compacting state, or a provision
of this Compact.
| ||||||
17 | (13) "Publication" means the act of publishing in the | ||||||
18 | official state
publication in a compacting state or in such | ||||||
19 | other publication as may be
established by the Commission.
| ||||||
20 | (14) "Receiver" means receiver, liquidator, rehabilitator, | ||||||
21 | conservator, or
ancillary receiver as the context requires.
| ||||||
22 | (15) "Receivership" means any liquidation, rehabilitation, | ||||||
23 | conservation, or
ancillary receivership proceeding as the | ||||||
24 | context requires.
| ||||||
25 | (16) "Rules" means acts of the Commission, duly promulgated | ||||||
26 | pursuant to
Article
VII
of this Compact, substantially |
| |||||||
| |||||||
1 | affecting interested parties in addition to the
Commission, | ||||||
2 | which shall have the force and effect of law in the compacting
| ||||||
3 | states.
| ||||||
4 | (17) "State" means any state, district or territory of the | ||||||
5 | United States of
America.
| ||||||
6 | ARTICLE III. ESTABLISHMENT OF THE COMMISSION AND VENUE
| ||||||
7 | (1) The compacting states hereby create and establish an | ||||||
8 | entity known as the
Interstate Insurance Receivership | ||||||
9 | Commission.
| ||||||
10 | (2) The Commission is a body corporate of each compacting | ||||||
11 | state.
| ||||||
12 | (3) The Commission is a not-for-profit entity, separate and | ||||||
13 | distinct from
the compacting states.
| ||||||
14 | (4) The Commission is solely responsible for its | ||||||
15 | liabilities except as
otherwise provided in this Compact.
| ||||||
16 | (5) Except as otherwise specifically provided in state or | ||||||
17 | federal law in the
jurisdiction where the Commission's | ||||||
18 | principal office is located or
where the Commission is acting | ||||||
19 | as Receiver, venue is proper and judicial
proceedings by or | ||||||
20 | against the Commission shall be brought in a court of
competent | ||||||
21 | jurisdiction where the Commission's principal office is | ||||||
22 | located.
| ||||||
23 | ARTICLE IV. POWERS OF THE COMMISSION
| ||||||
24 | The Commission shall have all of the following powers:
|
| |||||||
| |||||||
1 | (1) To promulgate rules which shall have the force and | ||||||
2 | effect of statutory
law and shall be binding in the compacting
| ||||||
3 | states to the extent and in the manner provided in this | ||||||
4 | Compact.
| ||||||
5 | (2) To promulgate operating procedures which shall be | ||||||
6 | binding in the
compacting states to the extent and in the | ||||||
7 | manner provided in this
Compact.
| ||||||
8 | (3) To oversee, supervise, and coordinate the activities of | ||||||
9 | receivers in
compacting states.
| ||||||
10 | (4) To act as Receiver of insurers organized under the laws | ||||||
11 | of, engaged
in, or doing the business of insurance in a | ||||||
12 | compacting state upon
the request of the Commissioner of such | ||||||
13 | state or when grounds for
receivership by the Commission exist | ||||||
14 | under Article IX of this
Compact.
| ||||||
15 | (5) To act as Deputy Receiver of insurers organized under | ||||||
16 | the laws of,
engaged in, or doing the business of insurance in | ||||||
17 | a non-compacting
state in accordance with Article IX of this | ||||||
18 | Compact.
| ||||||
19 | (6) To act as ancillary Receiver in a compacting state of | ||||||
20 | an insurer
domiciled in a non-compacting state.
| ||||||
21 | (7) To monitor the activities and functions of Guaranty
| ||||||
22 | Associations in the compacting states.
| ||||||
23 | (8) To delegate its operating authority or functions; | ||||||
24 | provided, that its
rulemaking authority under Article VII of | ||||||
25 | this Compact shall not
be delegated.
| ||||||
26 | (9) To bring or prosecute legal proceedings or actions in |
| |||||||
| |||||||
1 | its name as the
Commission, or in the name of the Commission | ||||||
2 | acting as Receiver.
| ||||||
3 | (10) To bring or prosecute legal proceedings or actions as | ||||||
4 | Receiver on
behalf of an
estate or its policyholders and | ||||||
5 | creditors; provided, that any Guaranty
Association's standing | ||||||
6 | to sue or be sued under applicable law shall not be
affected.
| ||||||
7 | (11) To issue subpoenas requiring the attendance and | ||||||
8 | testimony of
witnesses and the production of evidence.
| ||||||
9 | (12) To establish and maintain offices.
| ||||||
10 | (13) To purchase and maintain insurance and bonds.
| ||||||
11 | (14) To borrow, accept, or contract for services of | ||||||
12 | personnel including,
but not limited to, members and their | ||||||
13 | staff.
| ||||||
14 | (15) To elect or appoint such officers, attorneys, | ||||||
15 | employees, or agents,
and to fix their compensation, define | ||||||
16 | their duties, and determine their
qualifications; and to | ||||||
17 | establish the Commission's personnel policies and
programs | ||||||
18 | relating to, among other things, conflicts of interest, rates | ||||||
19 | of
compensation, and qualifications of personnel.
| ||||||
20 | (16) To accept any and all donations and grants of money, | ||||||
21 | equipment,
supplies, materials, and services, and to receive, | ||||||
22 | utilize, and dispose
of the same.
| ||||||
23 | (17) To lease, purchase, accept gifts or donations of, or | ||||||
24 | otherwise to own,
hold, improve or use, any property, real, | ||||||
25 | personal, or mixed.
| ||||||
26 | (18) To sell, convey, mortgage, pledge, lease, exchange, |
| |||||||
| |||||||
1 | abandon, or
otherwise dispose of any property, real, personal, | ||||||
2 | or mixed.
| ||||||
3 | (19) To enforce compliance with Commission rules, | ||||||
4 | operating
procedures, and by-laws.
| ||||||
5 | (20) To provide for dispute resolution among compacting | ||||||
6 | states and
Receivers.
| ||||||
7 | (21) To represent and advise compacting states on issues | ||||||
8 | relating to
insurers domiciled or doing business in | ||||||
9 | non-compacting jurisdictions,
consistent with the purposes of | ||||||
10 | this compact.
| ||||||
11 | (22) To provide advice and training to receivership | ||||||
12 | personnel of
compacting states, and to be a resource for | ||||||
13 | compacting states by
maintaining a reference library of | ||||||
14 | relevant materials.
| ||||||
15 | (23) To establish a budget and make expenditures.
| ||||||
16 | (24) To borrow money.
| ||||||
17 | (25) To appoint committees including, but not limited to, | ||||||
18 | an industry
advisory committee and an executive committee of | ||||||
19 | members.
| ||||||
20 | (26) To provide and receive information relating to | ||||||
21 | receiverships and
Guaranty Associations and to cooperate with | ||||||
22 | law enforcement agencies.
| ||||||
23 | (27) To adopt and use a corporate seal.
| ||||||
24 | (28) To perform such other functions as may be necessary or | ||||||
25 | appropriate
to achieve the purposes of this Compact as may be | ||||||
26 | consistent
with the state regulation of the business of |
| |||||||
| |||||||
1 | insurance pursuant
to the McCarran-Ferguson
McCarren-Ferguson
| ||||||
2 | Act.
| ||||||
3 | ARTICLE V. ORGANIZATION OF THE COMMISSION
| ||||||
4 | Section A. Membership, voting, and by-laws.
| ||||||
5 | (1) A compacting state shall have and be limited to one | ||||||
6 | member.
A member shall be qualified to serve in such capacity | ||||||
7 | under or pursuant to the
applicable law of the compacting | ||||||
8 | state. A compacting state retains the
discretionary right to | ||||||
9 | determine the due election or appointment
and qualification of | ||||||
10 | its own Commissioner, and to fill all vacancies of its
member.
| ||||||
11 | (2) A member shall be entitled to one vote.
| ||||||
12 | (3) The Commission shall, by a majority of the members, | ||||||
13 | prescribe by-laws
to govern its conduct as may be necessary or | ||||||
14 | appropriate to
carry out the purposes of the Compact, | ||||||
15 | including, but not limited
to:
| ||||||
16 | (a) establishing the fiscal year of the Commission;
| ||||||
17 | (b) providing reasonable standards and procedures:
| ||||||
18 | (i) for the establishment of committees, and (ii) governing | ||||||
19 | any general or
specific delegation of any authority or function | ||||||
20 | of the Commission;
| ||||||
21 | (c) providing reasonable procedures for calling and | ||||||
22 | conducting
meetings of the Commission and for ensuring | ||||||
23 | reasonable notice
of each such meeting;
| ||||||
24 | (d) establishing the titles and responsibilities of | ||||||
25 | the officers of the
Commission;
|
| |||||||
| |||||||
1 | (e) providing reasonable standards and procedures for | ||||||
2 | the
establishment of the personnel policies and programs of | ||||||
3 | the
Commission. Notwithstanding any civil service or other
| ||||||
4 | similar laws of any compacting state, the by-laws shall
| ||||||
5 | exclusively govern the personnel policies and programs of
| ||||||
6 | the Commission; and
| ||||||
7 | (f) providing a mechanism for winding up the operations | ||||||
8 | of the
Commission and the equitable return of any surplus | ||||||
9 | funds
that may exist after the dissolution of the Compact | ||||||
10 | after the
payment or reserving of all of its debts and
| ||||||
11 | obligations, or both.
| ||||||
12 | Section B. Officers and personnel.
| ||||||
13 | (1) The Commission shall, by a majority of the members, | ||||||
14 | elect annually
from among its members a chairperson and a vice | ||||||
15 | chairperson,
each
of whom shall have such authorities and | ||||||
16 | duties as may be
specified
in the by-laws. The chairperson or, | ||||||
17 | in his or her absence or
disability, a member designated in | ||||||
18 | accordance with the by-laws,
shall preside at all meetings of | ||||||
19 | the Commission. The officers
so elected shall serve without | ||||||
20 | compensation or remuneration from
the Commission; provided, | ||||||
21 | that subject to the availability of
budgeted funds, the | ||||||
22 | officers shall be reimbursed for any actual and
necessary costs | ||||||
23 | and
expenses incurred by them in the performance of their | ||||||
24 | duties and
responsibilities as officers of the Commission.
| ||||||
25 | (2) The Commission may, by a majority of the members, |
| |||||||
| |||||||
1 | appoint or
retain an executive director for such period, upon | ||||||
2 | such terms and
conditions and for such compensation as the | ||||||
3 | Commission may deem
appropriate. The executive director shall | ||||||
4 | serve as secretary to the
Commission, but shall not be a member | ||||||
5 | of the Commission. The
executive director shall hire and | ||||||
6 | supervise such other staff as may
be authorized by the | ||||||
7 | Commission.
| ||||||
8 | Section C. Corporate records of the Commission.
The | ||||||
9 | Commission shall maintain its corporate books and records in
| ||||||
10 | accordance with the by-laws.
| ||||||
11 | Section D. Qualified immunity, defense, and | ||||||
12 | indemnification.
| ||||||
13 | (1) The members, officers, executive director, and | ||||||
14 | employees of the
Commission shall be immune from suit and | ||||||
15 | liability, either personally or in
their official capacity, for | ||||||
16 | any claim for damage to or loss of property or
personal injury | ||||||
17 | or other civil liability caused or arising out of or relating
| ||||||
18 | to any actual or alleged act, error, or omission that occurred, | ||||||
19 | or that such
person had a reasonable basis for believing | ||||||
20 | occurred within
the scope of Commission employment, duties, or | ||||||
21 | responsibilities;
provided, that nothing in this paragraph | ||||||
22 | shall be construed to protect
any such person from suit or | ||||||
23 | liability, or both, for any damage, loss, injury,
or liability | ||||||
24 | caused by the intentional or willful and wanton misconduct
of |
| |||||||
| |||||||
1 | any such person, or to protect the Commission acting as | ||||||
2 | Receiver
under Article IX of this Compact.
| ||||||
3 | (2) The Commission shall defend any Commissioner of a | ||||||
4 | compacting
state, his or her representatives or employees, or | ||||||
5 | the
Commission's representatives or employees in any civil | ||||||
6 | action
seeking to impose liability against such person arising | ||||||
7 | out of or relating to
any actual
or alleged act, error, or | ||||||
8 | omission that occurred within the scope of Commission
| ||||||
9 | employment, duties, or responsibilities or that such person
had | ||||||
10 | a reasonable basis for believing occurred within the scope of
| ||||||
11 | Commission employment, duties, or responsibilities; provided, | ||||||
12 | that the
actual or alleged act, error, or omission did not | ||||||
13 | result from gross
negligence or intentional wrongdoing on the | ||||||
14 | part of such person.
| ||||||
15 | (3) The Commission shall indemnify and hold the | ||||||
16 | Commissioner of a
compacting state, his or her representatives | ||||||
17 | or employees, or the
Commission's representatives or employees | ||||||
18 | harmless in the amount
of any settlement or judgment obtained | ||||||
19 | against such person
arising
out of or relating to any actual or | ||||||
20 | alleged act, error, or omission that
occurred within the scope | ||||||
21 | of Commission employment, duties, or responsibilities
or that | ||||||
22 | such person had a reasonable basis for believing occurred
| ||||||
23 | within the scope of Commission employment, duties, or
| ||||||
24 | responsibilities; provided, that the actual or alleged act,
| ||||||
25 | error, or
omission did not result from gross negligence or | ||||||
26 | intentional
wrongdoing on the part of such person.
|
| |||||||
| |||||||
1 | (4) The costs and expenses of defense and indemnification | ||||||
2 | of the Commission
acting as Receiver of an estate shall be paid | ||||||
3 | as administrative expenses from
the assets of that estate | ||||||
4 | unless such costs and expenses are covered by
insurance | ||||||
5 | maintained by the Commission.
| ||||||
6 | ARTICLE VI. MEETINGS AND ACTS OF THE COMMISSION
| ||||||
7 | (1) The Commission shall meet and take such actions as are | ||||||
8 | consistent with
the provisions of this Compact.
| ||||||
9 | (2) Except as otherwise provided in this Compact and unless | ||||||
10 | a greater
percentage is required by the by-laws, in order to | ||||||
11 | constitute an act of the
Commission, such act shall have been | ||||||
12 | taken at a meeting of the
Commission and shall have received an | ||||||
13 | affirmative vote of a majority of the
members.
| ||||||
14 | (3) Each member of the Commission shall have the right and | ||||||
15 | power to cast a
vote to which that compacting state is entitled | ||||||
16 | and to participate in the
business and affairs of the | ||||||
17 | Commission. A member shall vote in person and
shall not | ||||||
18 | delegate his or her vote to another member. The by-laws may
| ||||||
19 | provide for members' participation in meetings by telephone or | ||||||
20 | other means
of telecommunication.
| ||||||
21 | (4) The Commission shall meet at least once during each | ||||||
22 | calendar year. The
chairperson of the Commission may call | ||||||
23 | additional meetings at any time
and, upon the request of a | ||||||
24 | majority of the members, shall call additional
meetings.
| ||||||
25 | (5) The Commission's rules shall establish conditions and |
| |||||||
| |||||||
1 | procedures under
which the Commission shall make its | ||||||
2 | information and official records
available to the public for | ||||||
3 | inspection or copying. The Commission may
exempt from | ||||||
4 | disclosure any information or official records to the extent
| ||||||
5 | disclosure would adversely affect personal privacy rights or | ||||||
6 | proprietary
interests. In
promulgating such rules, the | ||||||
7 | Commission may consider any special circumstances
pertaining | ||||||
8 | to insurer insolvencies, but shall be guided by the principles
| ||||||
9 | embodied in state and federal freedom of information laws. The
| ||||||
10 | Commission may promulgate additional rules under which it may | ||||||
11 | make
available to law enforcement agencies records and | ||||||
12 | information otherwise
exempt from disclosure and may enter into | ||||||
13 | agreements with law
enforcement agencies to receive or exchange | ||||||
14 | information or records subject
to nondisclosure and | ||||||
15 | confidentiality provisions.
| ||||||
16 | (6) Public notice shall be given of all meetings, and all | ||||||
17 | meetings shall be
open to the public, except as set forth in | ||||||
18 | the rules or as otherwise provided
in this Compact. The | ||||||
19 | Commission shall promulgate rules consistent with the
| ||||||
20 | principles contained in the federal Government in Sunshine Act, | ||||||
21 | 5 U.S.C.
Section 552b, as may be amended. The Commission and | ||||||
22 | any of its committees may
close a meeting to the public where | ||||||
23 | it determines by two-thirds vote that an
open meeting would be | ||||||
24 | likely to:
| ||||||
25 | (a) relate solely to the Commission's internal | ||||||
26 | personnel practices and
procedures;
|
| |||||||
| |||||||
1 | (b) disclose matters specifically exempted from | ||||||
2 | disclosure by statute;
| ||||||
3 | (c) disclose trade secrets or commercial or financial | ||||||
4 | information which
is privileged or confidential;
| ||||||
5 | (d) involve accusing any person of a crime or formally | ||||||
6 | censuring any
person;
| ||||||
7 | (e) disclose information of a personal nature where | ||||||
8 | disclosure would
constitute a clearly unwarranted invasion | ||||||
9 | of personal privacy;
| ||||||
10 | (f) disclose investigatory records compiled for law | ||||||
11 | enforcement
purposes;
| ||||||
12 | (g) disclose information contained in or related to | ||||||
13 | examination,
operating,
or condition reports prepared by, | ||||||
14 | on behalf of, or for the use of the
Commission with respect | ||||||
15 | to a regulated entity for the purpose of
regulation or | ||||||
16 | supervision of such entity;
| ||||||
17 | (h) disclose information, the premature disclosure of | ||||||
18 | which would
significantly endanger the stability of a | ||||||
19 | regulated entity;
| ||||||
20 | (i) specifically relate to the Commission's issuance | ||||||
21 | of a subpoena or its
participation in a civil action or | ||||||
22 | proceeding.
| ||||||
23 | (7) For every meeting closed pursuant to paragraph (6), the | ||||||
24 | Commission's
chief
legal officer shall publicly certify that, | ||||||
25 | in his or her opinion, the meeting
may be closed to the public | ||||||
26 | and shall reference each relevant exemptive
provision. The |
| |||||||
| |||||||
1 | Commission shall keep minutes which shall fully and
clearly | ||||||
2 | describe all matters discussed in any meeting and shall provide | ||||||
3 | a
full and accurate summary of any actions taken and the | ||||||
4 | reasons therefor,
including a description of each of the views | ||||||
5 | expressed on any item and the
record of any roll call vote | ||||||
6 | (reflected in the vote of each member on the
question). All | ||||||
7 | documents considered in connection with any action shall be
| ||||||
8 | identified in such minutes.
| ||||||
9 | ARTICLE VII. RULEMAKING FUNCTIONS OF THE COMMISSION
| ||||||
10 | (1) The Commission shall promulgate rules and operating | ||||||
11 | procedures in order
to effectively and efficiently achieve the | ||||||
12 | purposes of this Compact; provided,
that the Commission shall | ||||||
13 | not promulgate any rules: (i) directly relating to
Guaranty
| ||||||
14 | Associations including, but not limited to, rules governing | ||||||
15 | coverage, funding,
or assessment mechanisms, or (ii)
(except | ||||||
16 | pursuant
to rules promulgated under Article VII(3) of this | ||||||
17 | Compact)
altering the statutory priorities for distributing | ||||||
18 | assets out of an estate.
| ||||||
19 | (2) Rulemaking shall occur pursuant to the criteria set | ||||||
20 | forth in this
Article
and
the rules and operating procedures | ||||||
21 | promulgated pursuant thereto. Such
rulemaking shall | ||||||
22 | substantially conform to the principles of the federal
| ||||||
23 | Administrative Procedure Act, 5 U.S.C.S. Section 551 et seq. | ||||||
24 | and the Federal
Advisory
Committee Act, 5 U.S.C.S. app. 2, | ||||||
25 | Section 1 et seq., as may be amended.
|
| |||||||
| |||||||
1 | (3) Other than the promulgation of such rules as are | ||||||
2 | necessary for the
orderly
operation of the Commission, the | ||||||
3 | first rule to be considered by the
Commission shall be uniform | ||||||
4 | provisions governing insurer receiverships
including, but not | ||||||
5 | limited to, provisions requiring compacting states to
| ||||||
6 | implement, execute, and administer in a fair, just, effective, | ||||||
7 | and efficient
manner rules and operating procedures relating to | ||||||
8 | receiverships. The
Commission shall within 3 years of the | ||||||
9 | adoption of this Compact by 2
or more states, promulgate such | ||||||
10 | uniform provisions through the rulemaking
process. Such | ||||||
11 | uniform provisions shall become law in all of the compacting
| ||||||
12 | states upon legislative enactment in a majority of the | ||||||
13 | compacting states.
| ||||||
14 | (4) All rules and amendments shall become binding as of the | ||||||
15 | date specified
in each rule or amendment; provided, that if a | ||||||
16 | compacting state expressly
rejects such rule or amendment | ||||||
17 | through legislative enactment as of the
expiration of the | ||||||
18 | second full calendar year after such rule is promulgated,
such | ||||||
19 | rule or amendment shall
have no further force or effect in the | ||||||
20 | rejecting compacting state. If a
majority of compacting states | ||||||
21 | reject a rule, then such rule shall have no
further force or | ||||||
22 | effect in any compacting state.
| ||||||
23 | (5) When promulgating a rule or operating procedure, the | ||||||
24 | Commission shall:
| ||||||
25 | (a) effect
publication of the proposed rulemaking, | ||||||
26 | stating with particularity the text
of the rule or |
| |||||||
| |||||||
1 | operating procedure which is proposed and the reason for
| ||||||
2 | the proposed rule or operating procedure;
| ||||||
3 | (b) allow persons to submit
written data, facts, | ||||||
4 | opinions and arguments, which information the Commission
| ||||||
5 | shall make
publicly available;
| ||||||
6 | (c) provide an opportunity for an informal hearing; and
| ||||||
7 | (d) promulgate
a final rule or operating procedure and | ||||||
8 | its effective date, if
appropriate, based on the rulemaking | ||||||
9 | record.
| ||||||
10 | (6) Not later than 60 days after a rule or operating | ||||||
11 | procedure is
promulgated, any interested person may file a | ||||||
12 | petition in a court of
competent jurisdiction where the | ||||||
13 | Commission's principal office is located for
judicial review of | ||||||
14 | such rule or operating procedure. If the court finds that
the | ||||||
15 | Commission's action is not supported by substantial evidence in | ||||||
16 | the
rulemaking record, the court shall hold the rule unlawful | ||||||
17 | and set it aside.
| ||||||
18 | ARTICLE VIII. OVERSIGHT AND
| ||||||
19 | DISPUTE RESOLUTION BY THE COMMISSION
| ||||||
20 | Section A. Oversight.
| ||||||
21 | (1) The Commission shall oversee the administration and | ||||||
22 | operations of
receiverships in compacting states and shall | ||||||
23 | monitor receiverships being
administered in
non-compacting
| ||||||
24 | states which may significantly affect compacting states.
|
| |||||||
| |||||||
1 | (2) To aid its monitoring, oversight, and coordination | ||||||
2 | responsibilities, the
Commission shall establish operating | ||||||
3 | procedures requiring each member
to submit written reports to | ||||||
4 | the Commission as follows:
| ||||||
5 | (a) An initial report to the Commission upon a finding | ||||||
6 | or other official
action by the compacting state that | ||||||
7 | grounds exist for receivership of an
insurer doing business | ||||||
8 | in more than one state.
Thereafter, reports shall be | ||||||
9 | submitted periodically and as otherwise
required pursuant | ||||||
10 | to the Commission's operating procedures. The
Commission | ||||||
11 | shall be entitled to receive notice of, and shall have
| ||||||
12 | standing to appear in, compacting states' receiverships.
| ||||||
13 | (b) An initial report of the status of an insurer | ||||||
14 | within a reasonable time
after the initiation of a | ||||||
15 | receivership.
| ||||||
16 | (3) The Commission shall promulgate operating procedures | ||||||
17 | requiring Receivers
to submit to the Commission periodic | ||||||
18 | written reports and such additional
information and | ||||||
19 | documentation as the Commission may reasonably request.
Each | ||||||
20 | compacting state's Receivers shall establish the capability to | ||||||
21 | obtain
and provide all such records, data, and information | ||||||
22 | required by the Commission
in accordance with the Commission's | ||||||
23 | operating procedures.
| ||||||
24 | (4) Except as to privileged records, data, and information, | ||||||
25 | the laws of any
compacting state pertaining to confidentiality | ||||||
26 | or nondisclosure shall not
relieve any compacting state |
| |||||||
| |||||||
1 | Commissioner of the responsibility to disclose
any relevant | ||||||
2 | records, data, or information to the Commission; provided, that
| ||||||
3 | disclosure to the Commission shall not be deemed to waive or | ||||||
4 | otherwise
affect any confidentiality requirement; and further | ||||||
5 | provided, that the
Commission shall be subject to the | ||||||
6 | compacting state's laws pertaining to
confidentiality and | ||||||
7 | nondisclosure with respect to all such records, data, and
| ||||||
8 | information in its possession.
| ||||||
9 | (5) The courts and executive agencies in each compacting | ||||||
10 | state shall enforce
this Compact and shall take all actions | ||||||
11 | necessary and appropriate to
effectuate the Compact's purposes | ||||||
12 | and intent. In any receivership or other
judicial or | ||||||
13 | administrative proceeding in a compacting state pertaining to | ||||||
14 | the
subject matter of this Compact which may affect the powers, | ||||||
15 | responsibilities,
or actions of the Commission, the Commission | ||||||
16 | shall be entitled to receive
all service of process in any such | ||||||
17 | proceeding and shall have standing to
intervene in the | ||||||
18 | receivership or proceeding for all purposes.
| ||||||
19 | (6) The Commission shall analyze and correlate records, | ||||||
20 | data, information,
and
reports received from Receivers and | ||||||
21 | Guaranty Associations and shall make
recommendations for | ||||||
22 | improving their performance to the compacting
states. The | ||||||
23 | Commission shall include summary information and data
| ||||||
24 | regarding its oversight functions in its annual report.
| ||||||
25 | Section B. Dispute resolution.
|
| |||||||
| |||||||
1 | (1) The Commission shall attempt, upon the request of a | ||||||
2 | member, to resolve
any disputes or other issues which are | ||||||
3 | subject to this Compact and
which
may arise among compacting | ||||||
4 | states and non-compacting states.
| ||||||
5 | (2) The compacting states shall report to the Commission on | ||||||
6 | issues or
activities of concern to them and cooperate with and | ||||||
7 | support the
Commission in the discharge of its duties and | ||||||
8 | responsibilities.
| ||||||
9 | (3) The Commission shall promulgate an operating procedure | ||||||
10 | providing for
binding dispute resolution for disputes among | ||||||
11 | Receivers.
| ||||||
12 | (4) The Commission shall facilitate voluntary dispute | ||||||
13 | resolution for
disputes
among Guaranty Associations and | ||||||
14 | Receivers.
| ||||||
15 | ARTICLE IX. RECEIVERSHIP FUNCTIONS OF THE COMMISSION
| ||||||
16 | (1) The Commission has authority to act as Receiver of any | ||||||
17 | insurer
domiciled,
engaged in, or doing business in a | ||||||
18 | compacting state upon the request of
the Commissioner of such | ||||||
19 | compacting state or as otherwise provided in
this Compact.
| ||||||
20 | (a) The Commission as Receiver shall have all powers | ||||||
21 | and duties
pursuant to the receivership laws of the | ||||||
22 | domiciliary state.
| ||||||
23 | (b) The Commission shall maintain accounts of receipts | ||||||
24 | and
disbursements of the estates for which it is acting as | ||||||
25 | Receiver, consistent
with the accounting
practices and |
| |||||||
| |||||||
1 | procedures set forth in the by-laws.
| ||||||
2 | (c) The Commission shall cause an annual audit of each
| ||||||
3 | estate for which it is acting as Receiver, to be conducted | ||||||
4 | by an independent
certified public
accountant. The costs | ||||||
5 | and expenses of such audit shall be paid as
administrative | ||||||
6 | expenses from the assets of the estate. The Commission | ||||||
7 | shall
not cause an audit to be conducted of any estate that | ||||||
8 | lacks sufficient assets
to conduct such
audit.
| ||||||
9 | (d) The Commission as Receiver is authorized to | ||||||
10 | delegate its
receivership duties and functions and to | ||||||
11 | effectuate such delegation
through contracts with others.
| ||||||
12 | (2) The Commission shall act as Receiver of any insurer | ||||||
13 | domiciled or doing
business in a compacting state in the event | ||||||
14 | that the member acting as
Receiver in that compacting state | ||||||
15 | fails to comply with duly promulgated
Commission rules or | ||||||
16 | operating procedures. The Commission shall notify
such member | ||||||
17 | in writing of noncompliance with Commission rules
or operating | ||||||
18 | procedures. If the member acting as Receiver fails to remedy
| ||||||
19 | such noncompliance within 10 days after receipt of such
| ||||||
20 | notification, the Commission may petition the supervising | ||||||
21 | court before which
such receivership is pending for an order | ||||||
22 | substituting and appointing the
Commission as Receiver of the | ||||||
23 | estate.
| ||||||
24 | (3) The Commission shall not act as Receiver of an estate | ||||||
25 | which appears to
lack sufficient assets to fund such | ||||||
26 | receivership unless the compacting
state makes provisions for |
| |||||||
| |||||||
1 | the payment of the estate's administrative
expenses | ||||||
2 | satisfactory to the Commission.
| ||||||
3 | (4) The Commission may act as Deputy Receiver for any | ||||||
4 | insurer domiciled or
doing business in a non-compacting state | ||||||
5 | in accordance with such state's
laws upon request of that | ||||||
6 | non-compacting state's Commissioner and
approval of the | ||||||
7 | Commission.
| ||||||
8 | (5) With respect to receiverships pending in a compacting | ||||||
9 | state on the
effective date of the enactment of this Compact by | ||||||
10 | the compacting state:
| ||||||
11 | (a) the Commission may act as Receiver of an insurer | ||||||
12 | upon the request
of that compacting state's member and | ||||||
13 | approval of the
Commission;
and
| ||||||
14 | (b) the Commission shall oversee, monitor, and | ||||||
15 | coordinate the activities
of all receiverships pending in | ||||||
16 | that compacting state regardless
whether the Commission is | ||||||
17 | acting as Receiver of estates in such
state.
| ||||||
18 | ARTICLE X. FINANCE
| ||||||
19 | (1) The Commission shall pay or provide for the payment of | ||||||
20 | the reasonable
expenses of its establishment and organization.
| ||||||
21 | (2) Except as otherwise provided in this Compact or by act | ||||||
22 | of the
Commission,
the costs and expenses of each compacting | ||||||
23 | state shall be the sole and exclusive
responsibility of the | ||||||
24 | respective compacting state. The Commission may pay
or provide | ||||||
25 | for actual and necessary costs and expenses for attendance of |
| |||||||
| |||||||
1 | its
members
at official meetings of the Commission or its | ||||||
2 | designated committees.
| ||||||
3 | (3) The Commission shall levy on and collect an annual | ||||||
4 | assessment from each
compacting state and each insurer | ||||||
5 | authorized to do business in a
compacting state, and writing | ||||||
6 | direct insurance, to cover the cost of the
internal operations | ||||||
7 | and activities
of the Commission and its staff in a total | ||||||
8 | amount sufficient to cover the
Commission's annual budget.
| ||||||
9 | (a) The aggregate annual assessment amount shall be | ||||||
10 | allocated
75% to insurers, hereinafter referred to as the
| ||||||
11 | "insurers' portion", and 25% to compacting states,
| ||||||
12 | hereinafter referred to as the "compacting states' | ||||||
13 | portion". The
insurer portion shall be allocated to each | ||||||
14 | insurer by the percentage
derived from a fraction, the | ||||||
15 | numerator of which shall be the gross direct
written | ||||||
16 | premium
received on that insurer's business in all | ||||||
17 | compacting states and the
denominator of which shall be the | ||||||
18 | gross direct written premium received by all
insurers
on | ||||||
19 | business in all compacting states. The compacting states'
| ||||||
20 | portion shall be allocated to each compacting state by the
| ||||||
21 | percentage derived from a fraction, the numerator of which | ||||||
22 | shall be
the gross direct written premium received by all | ||||||
23 | insurers on business in that
compacting
state and the | ||||||
24 | denominator shall be the gross direct written premium | ||||||
25 | received on
all
insurers on business in all compacting | ||||||
26 | states. A compacting
state's portion shall be funded as |
| |||||||
| |||||||
1 | designated by that state's
legislature. In no event shall | ||||||
2 | an insurer's assessment be less than
$50 or more than | ||||||
3 | $25,000; provided, that affiliated insurers'
combined | ||||||
4 | assessments shall not exceed $50,000. Upon the request
of | ||||||
5 | an insurer, the Commission may exempt or defer the | ||||||
6 | assessment
of any insurer if such assessment would cause | ||||||
7 | the insurer's
financial impairment.
| ||||||
8 | (b) These assessments shall not be used to pay any | ||||||
9 | costs or expenses
incurred by the Commission and its staff | ||||||
10 | acting as Receiver of
estates. Such costs and expenses | ||||||
11 | shall be paid as administrative expenses from
the assets of | ||||||
12 | the estates
as provided by law, except as otherwise | ||||||
13 | provided in this Compact.
| ||||||
14 | (c) An insurer authorized to do business in a | ||||||
15 | compacting state shall
timely pay assessments to the | ||||||
16 | Commission. Failure to pay such
assessments shall not be | ||||||
17 | grounds for the revocation, suspension, or
denial of an | ||||||
18 | insurer's authority to do business, but shall subject the
| ||||||
19 | insurer to suit by the Commission for recovery of any | ||||||
20 | assessment
due, attorneys' fees, and costs, together with | ||||||
21 | interest from the date
the assessment is due at a rate of | ||||||
22 | 10% per annum, and to civil
forfeiture in an amount to be | ||||||
23 | determined by the Commissioner of that
compacting state in | ||||||
24 | which the insurer received the greatest
premium in the year | ||||||
25 | next preceding the first year for which the
insurer shall | ||||||
26 | be delinquent in payment of assessments.
|
| |||||||
| |||||||
1 | (4) The Commission shall be reimbursed in the following | ||||||
2 | manner for the costs
and expenses incurred by the Commission | ||||||
3 | and its staff acting as Receiver
of estates to the extent that | ||||||
4 | an insurer's assets may be insufficient for the
effective | ||||||
5 | administration of its estate:
| ||||||
6 | (a) if the insurer is domiciled in a compacting state,
| ||||||
7 | the estate shall be closed unless that compacting state | ||||||
8 | makes
provisions for reimbursing the Commission; and
| ||||||
9 | (b) if the insurer is unauthorized to do business in a | ||||||
10 | compacting state
or if the insurer is domiciled in a | ||||||
11 | non-compacting state and subject
to ancillary | ||||||
12 | receivership, then the Commission and such state shall
make | ||||||
13 | provisions for reimbursing the Commission prior to the
| ||||||
14 | Commission becoming Receiver of such insurer.
| ||||||
15 | (5) To fund the cost of the initial operations of the | ||||||
16 | Commission until its
first
annual budget is adopted and related | ||||||
17 | assessments have been made,
contributions from compacting | ||||||
18 | states and others may be accepted and a one time
assessment on | ||||||
19 | insurers doing a direct insurance business in the compacting
| ||||||
20 | states may be
made not to exceed $450 per insurer.
| ||||||
21 | (6) The Commission's adopted budget for a fiscal year shall | ||||||
22 | not be approved
until it has been subject to notice and comment | ||||||
23 | as set forth in Article VII of
this Compact. The budget shall | ||||||
24 | determine the amount of the annual
assessment. The Commission | ||||||
25 | may accumulate a net worth not to exceed
30% of its then annual | ||||||
26 | cost of operation to provide for
contingencies and events not |
| |||||||
| |||||||
1 | contemplated. These accumulated funds
shall
be held separately | ||||||
2 | and shall not be used for any other purpose. The
Commission's | ||||||
3 | budget may include a provision for a contribution to the
| ||||||
4 | Commission's net worth.
| ||||||
5 | (7) The Commission shall be exempt from all taxation in and | ||||||
6 | by the
compacting states.
| ||||||
7 | (8) The Commission shall not pledge the credit of any | ||||||
8 | compacting state,
except by and with the appropriate legal | ||||||
9 | authority of that compacting
state.
| ||||||
10 | (9) The Commission shall keep complete and accurate | ||||||
11 | accounts of all its
internal receipts (including grants and | ||||||
12 | donations) and disbursements
of all
funds, other than | ||||||
13 | receivership assets, under its control. The
internal
financial | ||||||
14 | accounts of the Commission shall be subject to the accounting
| ||||||
15 | procedures established under its by-laws. The financial | ||||||
16 | accounts and
reports including the system of internal controls | ||||||
17 | and procedures of the
Commission shall be audited annually by | ||||||
18 | an independent certified public
accountant. Upon the | ||||||
19 | determination of the Commission, but no less frequently
than | ||||||
20 | every 3 years, the review of such independent auditor shall | ||||||
21 | include a
management and performance audit of the Commission. | ||||||
22 | The report of
such
independent audit shall be made available to | ||||||
23 | the public and shall be
included in and become part of the | ||||||
24 | annual report of the Commission to
the
Governors and | ||||||
25 | legislatures of the compacting states. The
Commission's
| ||||||
26 | internal accounts, any workpapers related to any internal |
| |||||||
| |||||||
1 | audit, and
any
workpapers related to the independent audit, | ||||||
2 | shall be confidential;
provided,
that such materials shall be | ||||||
3 | made available: (i) in compliance with
the order
of any court | ||||||
4 | of competent jurisdiction; (ii) pursuant to such
reasonable
| ||||||
5 | rules as the Commission shall promulgate; and (iii) to any
| ||||||
6 | Commissioner,
Governor of a compacting state, or their duly | ||||||
7 | authorized
representatives.
| ||||||
8 | (10) No compacting state shall have any claim to or | ||||||
9 | ownership of any
property
held by or vested in the Commission | ||||||
10 | or the Commission acting as
Receiver
or to any other Commission | ||||||
11 | funds held pursuant to the provisions of
this
Compact.
| ||||||
12 | ARTICLE XI. COMPACTING STATES, EFFECTIVE DATE, AND AMENDMENT
| ||||||
13 | (1) Any state is eligible to become a compacting state.
| ||||||
14 | (2) The Compact shall become effective and binding upon | ||||||
15 | legislative
enactment
of the Compact into law by 2 compacting | ||||||
16 | states. Thereafter, it
shall
become effective and binding as to | ||||||
17 | any other compacting state upon
enactment of the Compact into | ||||||
18 | law by that state.
| ||||||
19 | (3) Amendments to the Compact may be proposed by the | ||||||
20 | Commission for
enactment by the compacting states. No amendment | ||||||
21 | shall become
effective and binding upon the Commission and the | ||||||
22 | compacting states
unless and until it is enacted into law by | ||||||
23 | unanimous consent of the
compacting states.
| ||||||
24 | ARTICLE XII. WITHDRAWAL, DEFAULT, AND TERMINATION
|
| |||||||
| |||||||
1 | Section A. Withdrawal.
| ||||||
2 | (1) Once effective, the Compact shall continue in force and | ||||||
3 | remain
binding upon each and every compacting state; provided, | ||||||
4 | that a
compacting state may withdraw from the Compact | ||||||
5 | ("withdrawing
state") by enacting a statute specifically | ||||||
6 | repealing the statute
which
enacted the Compact into law.
| ||||||
7 | (2) The effective date of withdrawal is the effective date | ||||||
8 | of the repeal;
provided, that the repeal shall not apply to any | ||||||
9 | receiverships,
for
which the Commission is acting as Receiver, | ||||||
10 | pending on the date
of
the repeal except by mutual agreement of | ||||||
11 | the Commission and the
withdrawing state.
| ||||||
12 | (3) The withdrawing state shall immediately notify the | ||||||
13 | Chairperson of
the Commission in writing upon the introduction | ||||||
14 | of legislation
repealing this Compact in the withdrawing state.
| ||||||
15 | (4) The Commission shall notify the other compacting states | ||||||
16 | of the
withdrawing state's intent to withdraw within 60 days of | ||||||
17 | its receipt
thereof.
| ||||||
18 | (5) The withdrawing state is responsible for all | ||||||
19 | assessments, obligations,
and liabilities incurred through the | ||||||
20 | effective date of withdrawal,
including any obligations, the | ||||||
21 | performance of which extend beyond
the effective date of | ||||||
22 | withdrawal, except to the extent those
obligations may have | ||||||
23 | been released or relinquished by mutual
agreement of the | ||||||
24 | Commission and the withdrawing state.
Notwithstanding the | ||||||
25 | foregoing, the withdrawing state is responsible
for the costs |
| |||||||
| |||||||
1 | and expenses of its estates subject to this Compact pending on
| ||||||
2 | the
date of repeal; the Commission and the other estates | ||||||
3 | subject to this
Compact shall not bear any costs and expenses | ||||||
4 | related to the withdrawing
state's
estates unless otherwise | ||||||
5 | mutually agreed upon between the
Commission and the withdrawing | ||||||
6 | state.
| ||||||
7 | (6) Reinstatement following withdrawal of any compacting | ||||||
8 | state shall
occur upon the withdrawing state reenacting the | ||||||
9 | Compact or upon
such later date as determined by the | ||||||
10 | Commission.
| ||||||
11 | Section B. Default.
| ||||||
12 | (1) If the Commission determines that any compacting state | ||||||
13 | has at any
time defaulted ("defaulting state") in the | ||||||
14 | performance of any of
its
obligations or responsibilities under | ||||||
15 | this Compact, the
by-laws, or duly promulgated
rules, all | ||||||
16 | rights, privileges, and benefits
conferred by
this Compact and | ||||||
17 | any agreements entered into pursuant to this
Compact shall be | ||||||
18 | suspended from the effective date of default as
fixed by the | ||||||
19 | Commission. The grounds for default include, but
are
not | ||||||
20 | limited to, failure of a compacting state to perform such
| ||||||
21 | obligations or responsibilities and any other grounds | ||||||
22 | designated in
Commission rules. The Commission shall | ||||||
23 | immediately notify the
defaulting state in writing of the | ||||||
24 | defaulting state's suspension
pending a cure of the default. | ||||||
25 | The Commission shall stipulate the
conditions and the time |
| |||||||
| |||||||
1 | period within which the defaulting state must
cure its default. | ||||||
2 | If the defaulting state fails to cure the default within
the | ||||||
3 | time period specified by the Commission, the defaulting state
| ||||||
4 | shall be terminated from the Compact upon an affirmative vote | ||||||
5 | of a
majority of the compacting states and all rights, | ||||||
6 | privileges, and
benefits conferred by this Compact shall be | ||||||
7 | terminated from the
effective date of termination.
| ||||||
8 | (2) Within 60 days of the effective date of termination of | ||||||
9 | a defaulting
state, the Commission shall notify the Governor | ||||||
10 | and the Majority and
Minority Leaders of the defaulting state's | ||||||
11 | legislature of such
termination.
| ||||||
12 | (3) The termination of a defaulting state shall apply to | ||||||
13 | all receiverships,
for which the Commission is acting as | ||||||
14 | Receiver, pending on the
effective date of termination except | ||||||
15 | by mutual agreement of the
Commission and the defaulting state.
| ||||||
16 | (4) The defaulting state is responsible for all | ||||||
17 | assessments, obligations,
and liabilities incurred through the | ||||||
18 | effective date of termination and
is responsible for the costs | ||||||
19 | and expenses relating to its estates subject to
this
Compact | ||||||
20 | pending on the date of the termination. The Commission
and the | ||||||
21 | other estates subject to this Compact shall not bear any
costs | ||||||
22 | or expenses relating the defaulting state's estates unless | ||||||
23 | otherwise
mutually agreed upon between the Commission and the | ||||||
24 | defaulting
state.
| ||||||
25 | (5) Reinstatement following termination of any compacting | ||||||
26 | state
requires both a reenactment of the Compact by the |
| |||||||
| |||||||
1 | defaulting
state
and the approval of the Commission pursuant to | ||||||
2 | the rules.
| ||||||
3 | Section C. Dissolution of Compact.
| ||||||
4 | (1) The Compact dissolves effective upon the date of the | ||||||
5 | withdrawal or
the termination by default of the compacting | ||||||
6 | state which reduces membership in
the
Compact to one compacting | ||||||
7 | state.
| ||||||
8 | (2) Upon the dissolution of this Compact, the Compact | ||||||
9 | becomes null
and void and shall be of no further force or | ||||||
10 | effect, and the
business
and affairs of the Commission shall be | ||||||
11 | wound up and any surplus
funds shall be distributed in | ||||||
12 | accordance with the by-laws.
| ||||||
13 | ARTICLE XIII. SEVERABILITY AND CONSTRUCTION
| ||||||
14 | (1) The provisions of this Compact shall be severable, and | ||||||
15 | if any phrase,
clause, sentence, or provision is deemed | ||||||
16 | unenforceable, the remaining
provisions of the Compact shall be | ||||||
17 | enforceable.
| ||||||
18 | (2) The provisions of this Compact shall be liberally | ||||||
19 | construed to
effectuate its
purposes.
| ||||||
20 | ARTICLE XIV. BINDING EFFECT OF COMPACT AND OTHER LAWS
| ||||||
21 | Section A. Other laws.
| ||||||
22 | (1) Nothing herein prevents the enforcement of any other |
| |||||||
| |||||||
1 | law of a
compacting state that is not inconsistent with this | ||||||
2 | Compact.
| ||||||
3 | (2) All compacting states' laws conflicting with this | ||||||
4 | Compact are
superseded to the extent of the conflict.
| ||||||
5 | Section B. Binding effect of this Compact.
| ||||||
6 | (1) All lawful actions of the Commission, including all | ||||||
7 | rules and operating
procedures promulgated by the Commission, | ||||||
8 | are binding upon
the compacting states.
| ||||||
9 | (2) All agreements between the Commission and the | ||||||
10 | compacting states
are binding in accordance with their terms.
| ||||||
11 | (3) Upon the request of a party to a conflict over meaning | ||||||
12 | or
interpretation of Commission actions, and upon a majority | ||||||
13 | vote of the
compacting states, the Commission may issue | ||||||
14 | advisory opinions
regarding such meaning or interpretation.
| ||||||
15 | (4) In the event any provision of this Compact exceeds the | ||||||
16 | constitutional
limits imposed on the legislature of any | ||||||
17 | compacting state, the
obligations, duties, powers, or | ||||||
18 | jurisdiction sought to be conferred by
such provision upon the | ||||||
19 | Commission shall be ineffective and such
obligations, duties, | ||||||
20 | powers or jurisdiction shall remain in the
compacting state and | ||||||
21 | shall be exercised by the agency thereof to
which such | ||||||
22 | obligations, duties, powers, or jurisdiction are
delegated
by | ||||||
23 | law in effect at the time this Compact becomes effective.
| ||||||
24 | (Source: P.A. 89-247, eff. 1-1-96; revised 10-13-05.)
|
| |||||||
| |||||||
1 | Section 445. The Interstate Compact for Adult Offender | ||||||
2 | Supervision is amended by setting forth and renumbering | ||||||
3 | multiple versions of Section 110 as follows:
| ||||||
4 | (45 ILCS 170/110)
| ||||||
5 | Sec. 110. (Amendatory provisions; text omitted.)
| ||||||
6 | (Source: P.A. 92-571, eff. 6-26-02; text omitted.)
| ||||||
7 | (45 ILCS 170/115)
| ||||||
8 | Sec. 115.
110.
The Unified Code of Corrections is amended | ||||||
9 | by repealing Section 3-3-11.
| ||||||
10 | (Source: P.A. 92-571, eff. 6-26-02; revised 7-15-02.)
| ||||||
11 | Section 450. The Public Building Commission Act is amended | ||||||
12 | by changing Section 19.1 as follows:
| ||||||
13 | (50 ILCS 20/19.1)
| ||||||
14 | Sec. 19.1 .
Public Building Commission in municipality over | ||||||
15 | 500,000. On or
before December 1, 1995 and on or before the | ||||||
16 | first day of May and first day of
December of each subsequent | ||||||
17 | calendar year, the Public Building Commission
created and | ||||||
18 | organized under this Act in and for a municipality with over
| ||||||
19 | 500,000 population shall prepare and file with the General | ||||||
20 | Assembly, the board
of education of the school district located | ||||||
21 | in that municipality, and the local
school council of each | ||||||
22 | attendance center in that school district for which
there is |
| |||||||
| |||||||
1 | pending or under construction but not completed a project for | ||||||
2 | the
construction, renovation, or rehabilitation of a
school | ||||||
3 | building or other school facility that is to be used by that | ||||||
4 | attendance
center, a status report that sets forth: (1) the | ||||||
5 | date when work on the project
began, (2) whether work on the | ||||||
6 | project at the time the report is filed is
progressing ahead | ||||||
7 | of, on, or behind the schedule established for work on the
| ||||||
8 | project to be performed, (3) the projected completion date of | ||||||
9 | the project, and
(4) whether the labor and materials furnished | ||||||
10 | for the project as of the time
the report is filed were | ||||||
11 | furnished at the project cost budgeted for such labor
and | ||||||
12 | materials, and if not, the amount by which the labor and | ||||||
13 | materials so
furnished exceed or are less than the project cost | ||||||
14 | budgeted for such labor and
materials.
| ||||||
15 | (Source: P.A. 89-384, eff. 8-18-95; revised 9-25-06.)
| ||||||
16 | Section 455. The Special Assessment Supplemental Bond and | ||||||
17 | Procedures Act is amended by changing Section 55 as follows:
| ||||||
18 | (50 ILCS 460/55)
| ||||||
19 | Sec. 55. County clerk may collect. Pursuant to the Illinois | ||||||
20 | constitutional and statutory provisions
relating to | ||||||
21 | intergovernmental cooperation, the county clerk of
any county | ||||||
22 | in which property subject to a special assessment is
located | ||||||
23 | may, but shall not be required to, agree to mail bills
for a | ||||||
24 | special assessment with the regular tax bills of the
county, or |
| |||||||
| |||||||
1 | otherwise as may be provided by a special assessment
law. If | ||||||
2 | the clerk agrees to mail such bills with the regular tax
bills, | ||||||
3 | then the annual amount due as of January 2 shall become
due | ||||||
4 | instead in even installments with each tax bill made during
the | ||||||
5 | year in which such January 2 date occurs, thus deferring to
| ||||||
6 | later date in the year the obligation to pay the assessments.
| ||||||
7 | If In the event that the county clerk does not agree to | ||||||
8 | mail
the such bills, or if in the event that the municipality | ||||||
9 | declines
to request the county clerk to
mail
the said bills,
| ||||||
10 | the
municipality still may bill the annual amount due, as of | ||||||
11 | January 2 2nd ,
in
2
even
installments to become due on or about | ||||||
12 | the due dates date for the real
estate tax bills issued
by
the | ||||||
13 | county clerk during the year in which the January 2 2nd date | ||||||
14 | occurs,
thus thereby deferring to later dates in said year
the
| ||||||
15 | obligation to pay the assessment installment to later dates in | ||||||
16 | that year.
| ||||||
17 | If
In the event that the county clerk agrees to mail the
| ||||||
18 | such bills on behalf of a
municipality, the county may charge a | ||||||
19 | fee for such services to be paid from the
special assessment. | ||||||
20 | The
Such fee shall be considered as a cost of
making, levying,
| ||||||
21 | and collecting the assessment provided for in Section 9-2-139 | ||||||
22 | of the Illinois
Municipal Code.
| ||||||
23 | (Source: P.A. 93-196, eff. 7-14-03; 93-222, eff. 1-1-04; | ||||||
24 | revised 9-11-03.)
| ||||||
25 | Section 460. The Emergency Telephone System Act is amended |
| |||||||
| |||||||
1 | by changing Section 15.3 as follows:
| ||||||
2 | (50 ILCS 750/15.3) (from Ch. 134, par. 45.3)
| ||||||
3 | Sec. 15.3. Surcharge.
| ||||||
4 | (a) The corporate authorities of any municipality or any
| ||||||
5 | county may, subject to the limitations of subsections (c), (d), | ||||||
6 | and (h),
and in addition to any tax levied pursuant to the | ||||||
7 | Simplified Municipal
Telecommunications Tax Act, impose a | ||||||
8 | monthly surcharge on billed subscribers
of network connection | ||||||
9 | provided by telecommunication carriers engaged in the
business | ||||||
10 | of transmitting messages by means of electricity originating | ||||||
11 | within
the corporate limits of the municipality or county | ||||||
12 | imposing the surcharge at
a rate per network connection | ||||||
13 | determined in accordance with subsection (c).
Provided, | ||||||
14 | however, that where multiple voice grade communications | ||||||
15 | channels
are connected between the subscriber's premises and a | ||||||
16 | public switched network
through private branch exchange (PBX) | ||||||
17 | or centrex type service, a municipality
imposing a surcharge at | ||||||
18 | a rate per network connection, as determined in
accordance with | ||||||
19 | this Act, shall impose 5 such surcharges per network
| ||||||
20 | connection, as determined in accordance with subsections (a) | ||||||
21 | and (d) of
Section 2.12 of this Act.
For mobile | ||||||
22 | telecommunications services, if a surcharge is imposed it shall | ||||||
23 | be
imposed based upon the municipality or county that | ||||||
24 | encompasses the customer's
place of primary use as defined in | ||||||
25 | the Mobile Telecommunications Sourcing
Conformity Act. A |
| |||||||
| |||||||
1 | municipality may enter into an intergovernmental
agreement | ||||||
2 | with any county in which it is partially located, when the | ||||||
3 | county
has adopted an ordinance to impose a surcharge as | ||||||
4 | provided in subsection
(c), to include that portion of the | ||||||
5 | municipality lying outside the county
in that county's | ||||||
6 | surcharge referendum. If the county's surcharge
referendum is | ||||||
7 | approved, the portion of the municipality identified in the
| ||||||
8 | intergovernmental agreement shall automatically be | ||||||
9 | disconnected from the
county in which it lies and connected to | ||||||
10 | the county which approved the
referendum for purposes of a | ||||||
11 | surcharge on telecommunications carriers.
| ||||||
12 | (b) For purposes of computing the surcharge imposed by | ||||||
13 | subsection (a),
the network connections to which the surcharge | ||||||
14 | shall apply shall be those
in-service network connections, | ||||||
15 | other than those network connections
assigned to the | ||||||
16 | municipality or county, where the service address for each
such | ||||||
17 | network connection or connections is located within the | ||||||
18 | corporate
limits of the municipality or county levying the | ||||||
19 | surcharge. Except for mobile
telecommunication services, the | ||||||
20 | "service address" shall mean the location of
the primary use of | ||||||
21 | the network connection or connections. For mobile
| ||||||
22 | telecommunication services, "service address" means the | ||||||
23 | customer's place of
primary use as defined in the Mobile | ||||||
24 | Telecommunications Sourcing Conformity
Act. With respect to | ||||||
25 | network connections provided for
use with pay telephone | ||||||
26 | services for which there is no billed subscriber,
the |
| |||||||
| |||||||
1 | telecommunications carrier providing the network connection | ||||||
2 | shall be
deemed to be its own billed subscriber for purposes of | ||||||
3 | applying the surcharge.
| ||||||
4 | (c) Upon the passage of an ordinance to impose a surcharge | ||||||
5 | under this
Section the clerk of the municipality or county | ||||||
6 | shall certify the question
of whether the surcharge may be | ||||||
7 | imposed to the proper election authority
who shall submit the | ||||||
8 | public question to the electors of the municipality or
county | ||||||
9 | in accordance with the general election law; provided that such
| ||||||
10 | question shall not be submitted at a consolidated primary | ||||||
11 | election. The
public question shall be in substantially the | ||||||
12 | following form:
| ||||||
13 | -------------------------------------------------------------
| ||||||
14 | Shall the county (or city, village
| ||||||
15 | or incorporated town) of ..... impose YES
| ||||||
16 | a surcharge of up to ...¢ per month per
| ||||||
17 | network connection, which surcharge will
| ||||||
18 | be added to the monthly bill you receive ------------------
| ||||||
19 | for telephone or telecommunications
| ||||||
20 | charges, for the purpose of installing
| ||||||
21 | (or improving) a 9-1-1 Emergency NO
| ||||||
22 | Telephone System?
| ||||||
23 | -------------------------------------------------------------
| ||||||
24 | If a majority of the votes cast upon the public question | ||||||
25 | are in favor
thereof, the surcharge shall be imposed.
| ||||||
26 | However, if a Joint Emergency Telephone System Board is to |
| |||||||
| |||||||
1 | be created
pursuant to an intergovernmental agreement under | ||||||
2 | Section 15.4, the
ordinance to impose the surcharge shall be | ||||||
3 | subject to the approval of a
majority of the total number of | ||||||
4 | votes cast upon the public question by the
electors of all of | ||||||
5 | the municipalities or counties, or combination thereof,
that | ||||||
6 | are parties to the intergovernmental agreement.
| ||||||
7 | The referendum requirement of this subsection (c) shall not | ||||||
8 | apply
to any municipality with a population over 500,000 or to | ||||||
9 | any
county in which a proposition as to whether a sophisticated | ||||||
10 | 9-1-1 Emergency
Telephone System should be installed in the | ||||||
11 | county, at a cost not to
exceed a specified monthly amount per | ||||||
12 | network connection, has previously
been approved by a majority | ||||||
13 | of the electors of the county voting on the
proposition at an | ||||||
14 | election conducted before the effective date of this
amendatory | ||||||
15 | Act of 1987.
| ||||||
16 | (d) A county may not impose a surcharge, unless requested | ||||||
17 | by a
municipality, in any incorporated area which has | ||||||
18 | previously approved a
surcharge as provided in subsection (c) | ||||||
19 | or in any incorporated area where
the corporate authorities of | ||||||
20 | the municipality have previously entered into
a binding | ||||||
21 | contract or letter of intent with a telecommunications carrier | ||||||
22 | to
provide sophisticated 9-1-1 service through municipal | ||||||
23 | funds.
| ||||||
24 | (e) A municipality or county may at any time by ordinance | ||||||
25 | change the
rate of the surcharge imposed under this Section if | ||||||
26 | the new rate does not
exceed the rate specified in the |
| |||||||
| |||||||
1 | referendum held pursuant to subsection (c).
| ||||||
2 | (f) The surcharge authorized by this Section shall be | ||||||
3 | collected from
the subscriber by the telecommunications | ||||||
4 | carrier providing the subscriber
the network connection as a | ||||||
5 | separately stated item on the subscriber's bill.
| ||||||
6 | (g) The amount of surcharge collected by the | ||||||
7 | telecommunications carrier
shall be paid to the particular | ||||||
8 | municipality or county or Joint Emergency
Telephone System | ||||||
9 | Board not later than 30 days after the surcharge is
collected, | ||||||
10 | net of any network or other 9-1-1 or sophisticated 9-1-1 system
| ||||||
11 | charges then due the particular telecommunications carrier, as | ||||||
12 | shown on an
itemized bill. The telecommunications carrier | ||||||
13 | collecting the surcharge
shall also be entitled to deduct 3% of | ||||||
14 | the gross amount of surcharge
collected to reimburse the | ||||||
15 | telecommunications carrier for the expense of
accounting and | ||||||
16 | collecting the surcharge.
| ||||||
17 | (h) Except as expressly provided in subsection (a) of this | ||||||
18 | Section, a
municipality with a population over 500,000 may not | ||||||
19 | impose a
monthly surcharge in excess of $1.25 per network | ||||||
20 | connection.
| ||||||
21 | (i) Any municipality or county or joint emergency telephone | ||||||
22 | system
board that has imposed a surcharge pursuant to this | ||||||
23 | Section prior to the
effective date of this amendatory Act of | ||||||
24 | 1990 shall hereafter impose the
surcharge in accordance with | ||||||
25 | subsection (b) of this Section.
| ||||||
26 | (j) The corporate authorities of any municipality or county |
| |||||||
| |||||||
1 | may issue,
in accordance with Illinois law, bonds, notes or | ||||||
2 | other obligations secured
in whole or in part by the proceeds | ||||||
3 | of the surcharge described in this
Section. Notwithstanding any | ||||||
4 | change in law subsequent to the issuance of
any bonds, notes or | ||||||
5 | other obligations secured by the surcharge, every
municipality | ||||||
6 | or county issuing such bonds, notes or other obligations shall
| ||||||
7 | be authorized to impose the surcharge as though the laws | ||||||
8 | relating to the
imposition of the surcharge in effect at the | ||||||
9 | time of issuance of the
bonds, notes or other obligations were | ||||||
10 | in full force and effect until the
bonds, notes or other | ||||||
11 | obligations are paid in full.
The State of Illinois pledges and | ||||||
12 | agrees that it will not limit or alter
the rights and powers | ||||||
13 | vested in municipalities and counties by this Section
to impose | ||||||
14 | the surcharge so as to impair the terms of or affect the
| ||||||
15 | security for bonds, notes or other obligations secured in whole | ||||||
16 | or in part
with the proceeds of the surcharge described in this | ||||||
17 | Section.
| ||||||
18 | (k) Any surcharge collected by or imposed on a | ||||||
19 | telecommunications
carrier pursuant to this Section shall be | ||||||
20 | held to be a special fund in
trust for the municipality, county | ||||||
21 | or Joint Emergency Telephone Board
imposing the surcharge. | ||||||
22 | Except for the 3% deduction provided in subsection
(g) above, | ||||||
23 | the special fund shall not be subject to the claims of
| ||||||
24 | creditors of the telecommunication carrier.
| ||||||
25 | (Source: P.A. 92-474, eff. 8-1-02; 92-526, eff. 1-1-03; 92-557, | ||||||
26 | eff. 1-1-03;
revised 10-2-02.)
|
| |||||||
| |||||||
1 | Section 465. The Counties Code is amended by changing | ||||||
2 | Sections 3-5036.5, 4-2002, 4-2002.1, 4-5001, 5-1022, 5-1101, | ||||||
3 | 5-21009, and 5-37006 as follows:
| ||||||
4 | (55 ILCS 5/3-5036.5)
| ||||||
5 | Sec. 3-5036.5. Exchange of information for child support | ||||||
6 | enforcement.
| ||||||
7 | (a) The Recorder shall exchange with the Illinois
| ||||||
8 | Department of Healthcare and Family Services
Public Aid
| ||||||
9 | information that may be necessary for the enforcement
of child | ||||||
10 | support orders entered pursuant to the Illinois Public Aid | ||||||
11 | Code, the
Illinois Marriage and Dissolution of Marriage Act, | ||||||
12 | the Non-Support of Spouse
and
Children Act, the Non-Support | ||||||
13 | Punishment Act, the Revised Uniform
Reciprocal Enforcement of | ||||||
14 | Support Act, the
Uniform Interstate Family Support Act, or the | ||||||
15 | Illinois
Parentage Act of 1984.
| ||||||
16 | (b) Notwithstanding any provisions in this Code to the | ||||||
17 | contrary, the
Recorder shall not be liable
to any person for | ||||||
18 | any disclosure of information to the Department of Healthcare | ||||||
19 | and Family Services (formerly
Illinois Department of Public | ||||||
20 | Aid ) under subsection (a)
or for any other action taken in good | ||||||
21 | faith to comply with the requirements of
subsection (a).
| ||||||
22 | (Source: P.A. 90-18, eff. 7-1-97; 91-613, eff. 10-1-99; revised | ||||||
23 | 12-15-05.)
|
| |||||||
| |||||||
1 | (55 ILCS 5/4-2002) (from Ch. 34, par. 4-2002)
| ||||||
2 | Sec. 4-2002. State's attorney fees in counties under | ||||||
3 | 3,000,000
population. This Section applies only to counties | ||||||
4 | with fewer than
3,000,000 inhabitants.
| ||||||
5 | (a) State's attorneys shall be entitled to the following | ||||||
6 | fees, however, the
fee requirement of this subsection does not | ||||||
7 | apply to county boards:
| ||||||
8 | For each conviction in prosecutions on indictments for | ||||||
9 | first degree murder,
second degree murder, involuntary | ||||||
10 | manslaughter, criminal sexual assault,
aggravated criminal | ||||||
11 | sexual assault, aggravated criminal sexual abuse,
kidnapping, | ||||||
12 | arson and forgery, $30. All other cases punishable by | ||||||
13 | imprisonment
in the penitentiary, $30.
| ||||||
14 | For each conviction in other cases tried before judges of | ||||||
15 | the circuit
court, $15; except that if the conviction is in a | ||||||
16 | case which may be
assigned to an associate judge, whether or | ||||||
17 | not it is in fact assigned to
an associate judge, the fee shall | ||||||
18 | be $10.
| ||||||
19 | For preliminary examinations for each defendant held to | ||||||
20 | bail or
recognizance, $10.
| ||||||
21 | For each examination of a party bound over to keep the | ||||||
22 | peace, $10.
| ||||||
23 | For each defendant held to answer in a circuit court on a | ||||||
24 | charge of
paternity, $10.
| ||||||
25 | For each trial on a charge of paternity, $30.
| ||||||
26 | For each case of appeal taken from his county or from the |
| |||||||
| |||||||
1 | county to
which a change of venue is taken to his county to the | ||||||
2 | Supreme or
Appellate Court when prosecuted or defended by him, | ||||||
3 | $50.
| ||||||
4 | For each day actually employed in the trial of a case, $25; | ||||||
5 | in which
case the court before whom the case is tried shall | ||||||
6 | make an order
specifying the number of days for which a per | ||||||
7 | diem shall be allowed.
| ||||||
8 | For each day actually employed in the trial of cases of | ||||||
9 | felony
arising in their respective counties and taken by change | ||||||
10 | of venue to
another county, $25; and the court before whom the | ||||||
11 | case is tried shall
make an order specifying the number of days | ||||||
12 | for which said per diem
shall be allowed; and it is hereby made | ||||||
13 | the duty of each State's
attorney to prepare and try each case | ||||||
14 | of felony arising when so taken by
change of venue.
| ||||||
15 | For assisting in a trial of each case on an indictment for | ||||||
16 | felony
brought by change of venue to their respective counties, | ||||||
17 | the same fees
they would be entitled to if such indictment had | ||||||
18 | been found for an
offense committed in his county, and it shall | ||||||
19 | be the duty of the
State's attorney of the county to which such | ||||||
20 | cause is taken by
change of venue to assist in the trial | ||||||
21 | thereof.
| ||||||
22 | For each case of forfeited recognizance where the | ||||||
23 | forfeiture is set
aside at the instance of the defense, in | ||||||
24 | addition to the ordinary costs,
$10 for each defendant.
| ||||||
25 | For each proceeding in a circuit court to inquire into the | ||||||
26 | alleged
mental illness of any person, $10 for each defendant.
|
| |||||||
| |||||||
1 | For each proceeding in a circuit court to inquire into the | ||||||
2 | alleged
dependency or delinquency of any child, $10.
| ||||||
3 | For each day actually employed in the hearing of a case of | ||||||
4 | habeas
corpus in which the people are interested, $25.
| ||||||
5 | All the foregoing fees shall be taxed as costs to be | ||||||
6 | collected from
the defendant, if possible, upon conviction. But | ||||||
7 | in cases of inquiry
into the mental illness of any person | ||||||
8 | alleged to be mentally ill, in
cases on a charge of paternity | ||||||
9 | and in cases of appeal in the Supreme or
Appellate Court, where | ||||||
10 | judgment is in favor of the accused, the fees
allowed the | ||||||
11 | State's attorney therein shall be retained out of the fines
and | ||||||
12 | forfeitures collected by them in other cases.
| ||||||
13 | Ten per cent of all moneys except revenue, collected by | ||||||
14 | them and paid
over to the authorities entitled thereto, which | ||||||
15 | per cent together with
the fees provided for herein that are | ||||||
16 | not collected from the parties
tried or examined, shall be paid | ||||||
17 | out of any fines and forfeited
recognizances collected by them, | ||||||
18 | provided however, that in proceedings
to foreclose the lien of | ||||||
19 | delinquent real estate taxes State's attorneys
shall receive a | ||||||
20 | fee, to be credited to the earnings of their office, of 10%
of | ||||||
21 | the total amount realized from the sale of real estate sold in | ||||||
22 | such
proceedings. Such fees shall be paid from the total amount | ||||||
23 | realized from
the sale of the real estate sold in such | ||||||
24 | proceedings.
| ||||||
25 | State's attorneys shall have a lien for their fees on all | ||||||
26 | judgments
for fines or forfeitures procured by them and on |
| |||||||
| |||||||
1 | moneys except revenue
received by them until such fees and | ||||||
2 | earnings are fully paid.
| ||||||
3 | No fees shall be charged on more than 10 counts in any one | ||||||
4 | indictment
or information on trial and conviction; nor on more | ||||||
5 | than 10 counts
against any one defendant on pleas of guilty.
| ||||||
6 | The Circuit Court may direct that of all monies received, | ||||||
7 | by
restitution or otherwise, which monies are ordered paid to | ||||||
8 | the
Department of Healthcare and Family Services (formerly | ||||||
9 | Department of Public Aid ) or the Department of Human Services | ||||||
10 | (acting as
successor to the Department of Public Aid under the | ||||||
11 | Department of Human
Services Act) as a direct result of the | ||||||
12 | efforts
of the
State's attorney and which payments arise from | ||||||
13 | Civil or Criminal
prosecutions involving the Illinois Public | ||||||
14 | Aid Code or the Criminal Code,
the
following amounts shall be | ||||||
15 | paid quarterly by the Department of Healthcare and Family | ||||||
16 | Services
Public
Aid or the Department of Human Services to the | ||||||
17 | General Corporate Fund of
the County in which the prosecution
| ||||||
18 | or cause of action took place:
| ||||||
19 | (1) where the monies result from child support | ||||||
20 | obligations, not
more than 25% of the federal share of the | ||||||
21 | monies received,
| ||||||
22 | (2) where the monies result from other than child | ||||||
23 | support
obligations, not more than 25% of the State's share | ||||||
24 | of the monies received.
| ||||||
25 | (b) A municipality shall be entitled to a $10 prosecution | ||||||
26 | fee for each
conviction for a violation of The Illinois Vehicle |
| |||||||
| |||||||
1 | Code prosecuted by the
municipal attorney pursuant to Section | ||||||
2 | 16-102 of that Code which is tried
before a circuit or | ||||||
3 | associate judge and shall be entitled to a $10
prosecution fee | ||||||
4 | for each conviction for a violation of a municipal vehicle
| ||||||
5 | ordinance or nontraffic ordinance prosecuted by the municipal | ||||||
6 | attorney
which is tried before a circuit or associate judge. | ||||||
7 | Such fee shall be taxed as
costs to be collected from the | ||||||
8 | defendant, if possible, upon conviction. A
municipality shall | ||||||
9 | have a lien for such prosecution fees on all judgments or
fines | ||||||
10 | procured by the municipal attorney from prosecutions for | ||||||
11 | violations of
The Illinois Vehicle Code and municipal vehicle | ||||||
12 | ordinances or nontraffic
ordinances.
| ||||||
13 | For the purposes of this subsection (b), "municipal vehicle | ||||||
14 | ordinance"
means any ordinance enacted pursuant to Sections | ||||||
15 | 11-40-1, 11-40-2, 11-40-2a and
11-40-3 of the Illinois | ||||||
16 | Municipal Code or any ordinance enacted by a
municipality which | ||||||
17 | is similar to a provision of Chapter 11 of The Illinois
Vehicle | ||||||
18 | Code.
| ||||||
19 | (Source: P.A. 88-572, eff. 8-11-94; 89-507, eff. 7-1-97; | ||||||
20 | revised 12-15-05.)
| ||||||
21 | (55 ILCS 5/4-2002.1) (from Ch. 34, par. 4-2002.1)
| ||||||
22 | Sec. 4-2002.1. State's attorney fees in counties of | ||||||
23 | 3,000,000 or more
population. This Section applies only to | ||||||
24 | counties with 3,000,000 or more
inhabitants.
| ||||||
25 | (a) State's attorneys shall be entitled to the following |
| |||||||
| |||||||
1 | fees:
| ||||||
2 | For each conviction in prosecutions on indictments for | ||||||
3 | first degree
murder, second degree murder, involuntary | ||||||
4 | manslaughter, criminal sexual
assault, aggravated criminal | ||||||
5 | sexual assault, aggravated criminal sexual
abuse, kidnapping, | ||||||
6 | arson and forgery, $60. All other cases punishable by
| ||||||
7 | imprisonment in the penitentiary, $60.
| ||||||
8 | For each conviction in other cases tried before judges of | ||||||
9 | the circuit
court, $30; except that if the conviction is in a | ||||||
10 | case which may be
assigned to an associate judge, whether or | ||||||
11 | not it is in fact assigned to
an associate judge, the fee shall | ||||||
12 | be $20.
| ||||||
13 | For preliminary examinations for each defendant held to | ||||||
14 | bail or
recognizance, $20.
| ||||||
15 | For each examination of a party bound over to keep the | ||||||
16 | peace, $20.
| ||||||
17 | For each defendant held to answer in a circuit court on a | ||||||
18 | charge of
paternity, $20.
| ||||||
19 | For each trial on a charge of paternity, $60.
| ||||||
20 | For each case of appeal taken from his county or from the | ||||||
21 | county to
which a change of venue is taken to his county to the | ||||||
22 | Supreme or
Appellate Court when prosecuted or defended by him, | ||||||
23 | $100.
| ||||||
24 | For each day actually employed in the trial of a case, $50; | ||||||
25 | in which
case the court before whom the case is tried shall | ||||||
26 | make an order
specifying the number of days for which a per |
| |||||||
| |||||||
1 | diem shall be allowed.
| ||||||
2 | For each day actually employed in the trial of cases of | ||||||
3 | felony
arising in their respective counties and taken by change | ||||||
4 | of venue to
another county, $50; and the court before whom the | ||||||
5 | case is tried shall
make an order specifying the number of days | ||||||
6 | for which said per diem
shall be allowed; and it is hereby made | ||||||
7 | the duty of each State's
attorney to prepare and try each case | ||||||
8 | of felony arising when so taken by
change of venue.
| ||||||
9 | For assisting in a trial of each case on an indictment for | ||||||
10 | felony
brought by change of venue to their respective counties, | ||||||
11 | the same fees
they would be entitled to if such indictment had | ||||||
12 | been found for an
offense committed in his county, and it shall | ||||||
13 | be the duty of the
State's attorney of the county to which such | ||||||
14 | cause is taken by
change of venue to assist in the trial | ||||||
15 | thereof.
| ||||||
16 | For each case of forfeited recognizance where the | ||||||
17 | forfeiture is set
aside at the instance of the defense, in | ||||||
18 | addition to the ordinary costs,
$20 for each defendant.
| ||||||
19 | For each proceeding in a circuit court to inquire into the | ||||||
20 | alleged
mental illness of any person, $20 for each defendant.
| ||||||
21 | For each proceeding in a circuit court to inquire into the | ||||||
22 | alleged
dependency or delinquency of any child, $20.
| ||||||
23 | For each day actually employed in the hearing of a case of | ||||||
24 | habeas
corpus in which the people are interested, $50.
| ||||||
25 | All the foregoing fees shall be taxed as costs to be | ||||||
26 | collected from
the defendant, if possible, upon conviction. But |
| |||||||
| |||||||
1 | in cases of inquiry
into the mental illness of any person | ||||||
2 | alleged to be mentally ill, in
cases on a charge of paternity | ||||||
3 | and in cases of appeal in the Supreme or
Appellate Court, where | ||||||
4 | judgment is in favor of the accused, the fees
allowed the | ||||||
5 | State's attorney therein shall be retained out of the fines
and | ||||||
6 | forfeitures collected by them in other cases.
| ||||||
7 | Ten per cent of all moneys except revenue, collected by | ||||||
8 | them and paid
over to the authorities entitled thereto, which | ||||||
9 | per cent together with
the fees provided for herein that are | ||||||
10 | not collected from the parties
tried or examined, shall be paid | ||||||
11 | out of any fines and forfeited
recognizances collected by them, | ||||||
12 | provided however, that in proceedings
to foreclose the lien of | ||||||
13 | delinquent real estate taxes State's attorneys
shall receive a | ||||||
14 | fee, to be credited to the earnings of their office, of 10%
of | ||||||
15 | the total amount realized from the sale of real estate sold in | ||||||
16 | such
proceedings. Such fees shall be paid from the total amount | ||||||
17 | realized from
the sale of the real estate sold in such | ||||||
18 | proceedings.
| ||||||
19 | State's attorneys shall have a lien for their fees on all | ||||||
20 | judgments
for fines or forfeitures procured by them and on | ||||||
21 | moneys except revenue
received by them until such fees and | ||||||
22 | earnings are fully paid.
| ||||||
23 | No fees shall be charged on more than 10 counts in any one | ||||||
24 | indictment
or information on trial and conviction; nor on more | ||||||
25 | than 10 counts
against any one defendant on pleas of guilty.
| ||||||
26 | The Circuit Court may direct that of all monies received, |
| |||||||
| |||||||
1 | by
restitution or otherwise, which monies are ordered paid to | ||||||
2 | the
Department of Healthcare and Family Services (formerly | ||||||
3 | Department of Public Aid ) or the Department of Human Services | ||||||
4 | (acting as
successor to the Department of Public Aid under the | ||||||
5 | Department of Human
Services Act) as a direct result of the | ||||||
6 | efforts
of the
State's attorney and which payments arise from | ||||||
7 | Civil or Criminal
prosecutions involving the Illinois Public | ||||||
8 | Aid Code or the Criminal Code,
the
following amounts shall be | ||||||
9 | paid quarterly by the Department of Healthcare and Family | ||||||
10 | Services
Public
Aid or the Department of Human Services to the | ||||||
11 | General Corporate Fund of
the County in which the prosecution
| ||||||
12 | or cause of action took place:
| ||||||
13 | (1) where the monies result from child support | ||||||
14 | obligations, not
less than 25% of the federal share of the | ||||||
15 | monies received,
| ||||||
16 | (2) where the monies result from other than child | ||||||
17 | support
obligations, not less than 25% of the State's share | ||||||
18 | of the monies received.
| ||||||
19 | (b) A municipality shall be entitled to a $10 prosecution | ||||||
20 | fee for each
conviction for a violation of the Illinois Vehicle | ||||||
21 | Code prosecuted by the
municipal attorney pursuant to Section | ||||||
22 | 16-102 of that Code which is tried
before a circuit or | ||||||
23 | associate judge and shall be entitled to a $10
prosecution fee | ||||||
24 | for each conviction for a violation of a municipal vehicle
| ||||||
25 | ordinance prosecuted by the municipal attorney which is tried | ||||||
26 | before a
circuit or associate judge. Such fee shall be taxed as |
| |||||||
| |||||||
1 | costs to be
collected from the defendant, if possible, upon | ||||||
2 | conviction. A municipality
shall have a lien for such | ||||||
3 | prosecution fees on all judgments or fines
procured by the | ||||||
4 | municipal attorney from prosecutions for violations of the
| ||||||
5 | Illinois Vehicle Code and municipal vehicle ordinances.
| ||||||
6 | For the purposes of this subsection (b), "municipal vehicle | ||||||
7 | ordinance"
means any ordinance enacted pursuant to Sections | ||||||
8 | 11-40-1, 11-40-2, 11-40-2a and
11-40-3 of the Illinois | ||||||
9 | Municipal Code or any ordinance enacted by a
municipality which | ||||||
10 | is similar to a provision of Chapter 11 of the Illinois
Vehicle | ||||||
11 | Code.
| ||||||
12 | (Source: P.A. 89-507, eff. 7-1-97; revised 12-15-05.)
| ||||||
13 | (55 ILCS 5/4-5001) (from Ch. 34, par. 4-5001)
| ||||||
14 | Sec. 4-5001. Sheriffs; counties of first and second class. | ||||||
15 | The fees of
sheriffs in counties of the first and second class, | ||||||
16 | except when increased
by county ordinance under this Section, | ||||||
17 | shall be as follows:
| ||||||
18 | For serving or attempting to serve summons on each | ||||||
19 | defendant
in each county, $10.
| ||||||
20 | For serving or attempting to serve an order or judgment | ||||||
21 | granting
injunctional relief in each county, $10.
| ||||||
22 | For serving or attempting to serve each garnishee in each | ||||||
23 | county, $10.
| ||||||
24 | For serving or attempting to serve an order for replevin in | ||||||
25 | each county,
$10.
|
| |||||||
| |||||||
1 | For serving or attempting to serve an order for attachment | ||||||
2 | on each
defendant in each county, $10.
| ||||||
3 | For serving or attempting to serve a warrant of arrest, $8, | ||||||
4 | to be paid
upon conviction.
| ||||||
5 | For returning a defendant from outside the State of | ||||||
6 | Illinois, upon
conviction, the court shall assess, as court | ||||||
7 | costs, the cost of returning a
defendant to the jurisdiction.
| ||||||
8 | For taking special bail, $1 in each county.
| ||||||
9 | For serving or attempting to serve a subpoena on each
| ||||||
10 | witness, in each county, $10.
| ||||||
11 | For advertising property for sale, $5.
| ||||||
12 | For returning each process, in each county, $5.
| ||||||
13 | Mileage for each mile of necessary travel to serve any such
| ||||||
14 | process as Stated above, calculating from the place of holding | ||||||
15 | court to
the place of residence of the defendant, or witness, | ||||||
16 | 50¢ each way.
| ||||||
17 | For summoning each juror, $3 with 30¢ mileage each way in | ||||||
18 | all counties.
| ||||||
19 | For serving or attempting to serve notice of judgments or | ||||||
20 | levying to
enforce a judgment, $3 with 50¢ mileage each way in | ||||||
21 | all counties.
| ||||||
22 | For taking possession of and removing property levied on, | ||||||
23 | the officer
shall be allowed to tax the actual cost of such | ||||||
24 | possession or removal.
| ||||||
25 | For feeding each prisoner, such compensation to cover the | ||||||
26 | actual cost
as may be fixed by the county board, but such |
| |||||||
| |||||||
1 | compensation shall not be
considered a part of the fees of the | ||||||
2 | office.
| ||||||
3 | For attending before a court with prisoner, on an order for | ||||||
4 | habeas
corpus, in each county, $10 per day.
| ||||||
5 | For attending before a court with a prisoner in any | ||||||
6 | criminal
proceeding, in each county, $10 per day.
| ||||||
7 | For each mile of necessary travel in taking such prisoner | ||||||
8 | before the
court as Stated above, 15¢ a mile each way.
| ||||||
9 | For serving or attempting to serve an order or judgment for | ||||||
10 | the
possession of real estate in an action of ejectment or in | ||||||
11 | any other action,
or for restitution in an action of forcible | ||||||
12 | entry and detainer without aid,
$10 and when aid is necessary, | ||||||
13 | the sheriff shall be allowed to tax in
addition the actual | ||||||
14 | costs thereof, and for each mile of necessary travel,
50¢ each | ||||||
15 | way.
| ||||||
16 | For executing and acknowledging a deed of sale of real | ||||||
17 | estate, in
counties of first class, $4; second class, $4.
| ||||||
18 | For preparing, executing and acknowledging a deed on | ||||||
19 | redemption from
a court sale of real estate in counties of | ||||||
20 | first class, $5; second
class, $5.
| ||||||
21 | For making certificates of sale, and making and filing | ||||||
22 | duplicate, in
counties of first class, $3; in counties of the | ||||||
23 | second class, $3.
| ||||||
24 | For making certificate of redemption, $3.
| ||||||
25 | For certificate of levy and filing, $3, and the fee for | ||||||
26 | recording
shall be advanced by the judgment creditor and |
| |||||||
| |||||||
1 | charged as costs.
| ||||||
2 | For taking all bonds on legal process, civil and criminal, | ||||||
3 | in counties of
first class,
$1; in second class, $1.
| ||||||
4 | For executing copies in criminal cases, $4 and mileage for | ||||||
5 | each mile
of necessary travel, 20¢ each way.
| ||||||
6 | For executing requisitions from other States, $5.
| ||||||
7 | For conveying each prisoner from the prisoner's own county | ||||||
8 | to the jail
of another county, or from another county to the | ||||||
9 | jail of the prisoner's county,
per mile, for going, only, 30¢.
| ||||||
10 | For conveying persons to the penitentiary, reformatories, | ||||||
11 | Illinois
State Training School for Boys, Illinois State | ||||||
12 | Training School for Girls
and Reception Centers, the following | ||||||
13 | fees, payable out of the State
Treasury. For each person who is | ||||||
14 | conveyed, 35¢ per mile in going only to
the penitentiary, | ||||||
15 | reformatory, Illinois State Training School for Boys,
Illinois | ||||||
16 | State Training School for Girls and Reception Centers, from the
| ||||||
17 | place of conviction.
| ||||||
18 | The fees provided for transporting persons to the | ||||||
19 | penitentiary,
reformatories, Illinois State Training School | ||||||
20 | for Boys, Illinois State
Training School for Girls and | ||||||
21 | Reception Centers shall be paid for each
trip so made. Mileage | ||||||
22 | as used in this Section means the shortest
practical route, | ||||||
23 | between the place from which the person is to be
transported, | ||||||
24 | to the penitentiary, reformatories, Illinois State Training
| ||||||
25 | School for Boys, Illinois State Training School for Girls and | ||||||
26 | Reception
Centers and all fees per mile shall be computed on |
| |||||||
| |||||||
1 | such basis.
| ||||||
2 | For conveying any person to or from any of the charitable
| ||||||
3 | institutions of the State, when properly committed by competent
| ||||||
4 | authority, when one person is conveyed, 35¢ per mile; when two | ||||||
5 | persons
are conveyed at the same time, 35¢ per mile for the | ||||||
6 | first person and 20¢
per mile for the second person; and 10¢ | ||||||
7 | per mile for each additional person.
| ||||||
8 | For conveying a person from the penitentiary to the county | ||||||
9 | jail when
required by law, 35¢ per mile.
| ||||||
10 | For attending Supreme Court, $10 per day.
| ||||||
11 | In addition to the above fees there shall be allowed to the | ||||||
12 | sheriff a fee
of $600 for the sale of real estate which is made | ||||||
13 | by virtue of
any judgment of a court, except that in the case | ||||||
14 | of a sale of unimproved
real estate which sells for $10,000 or | ||||||
15 | less, the fee shall be $150.
In addition to this fee and all | ||||||
16 | other fees provided by this Section, there
shall be allowed to | ||||||
17 | the sheriff a fee in accordance with the following
schedule for | ||||||
18 | the sale of personal estate which is made by virtue of any
| ||||||
19 | judgment of a court:
| ||||||
20 | For judgments up to $1,000, $75;
| ||||||
21 | For judgments from $1,001 to $15,000, $150;
| ||||||
22 | For judgments over $15,000, $300.
| ||||||
23 | The foregoing fees allowed by this Section are the maximum | ||||||
24 | fees that
may be collected from any officer, agency, department | ||||||
25 | or other
instrumentality of the State. The county board may, | ||||||
26 | however, by ordinance,
increase the fees allowed by this |
| |||||||
| |||||||
1 | Section and collect those increased fees
from all persons and | ||||||
2 | entities other than officers, agencies, departments
and other | ||||||
3 | instrumentalities of the State if the increase is justified by | ||||||
4 | an
acceptable cost study showing that the fees allowed by this | ||||||
5 | Section are not
sufficient to cover the costs of providing the | ||||||
6 | service. A statement of the
costs of providing each service, | ||||||
7 | program and activity shall be prepared by
the county board. All | ||||||
8 | supporting documents shall be public records and
subject to | ||||||
9 | public examination and audit. All direct and indirect costs, as
| ||||||
10 | defined in the United States Office of Management and Budget | ||||||
11 | Circular A-87,
may be included in the determination of the | ||||||
12 | costs of each service,
program and activity.
| ||||||
13 | In all cases where the judgment is settled by the parties, | ||||||
14 | replevied,
stopped by injunction or paid, or where the property | ||||||
15 | levied upon is not
actually sold, the sheriff shall be allowed | ||||||
16 | his fee for levying and
mileage, together with half the fee for | ||||||
17 | all money collected by him which he
would be entitled to if the | ||||||
18 | same was made by sale to enforce the judgment.
In no case shall | ||||||
19 | the fee exceed the amount of money arising from the sale.
| ||||||
20 | The fee requirements of this Section do not apply to police | ||||||
21 | departments
or other law enforcement agencies. For the purposes | ||||||
22 | of this Section, "law
enforcement agency" means an agency of | ||||||
23 | the State or unit of local government
which is vested by law or | ||||||
24 | ordinance with the duty to maintain public order
and
end to | ||||||
25 | enforce criminal laws.
| ||||||
26 | (Source: P.A. 91-94, eff. 1-1-00; revised 9-15-06.)
|
| |||||||
| |||||||
1 | (55 ILCS 5/5-1022) (from Ch. 34, par. 5-1022)
| ||||||
2 | Sec. 5-1022. Competitive bids.
| ||||||
3 | (a) Any purchase by a county with fewer than 2,000,000 | ||||||
4 | inhabitants of
services, materials, equipment or supplies in | ||||||
5 | excess of $20,000, other than
professional services, shall be | ||||||
6 | contracted for in one of the following ways:
| ||||||
7 | (1) by a contract let to the lowest responsible bidder | ||||||
8 | after advertising
for bids in a newspaper published within | ||||||
9 | the county or, if no newspaper
is published within the | ||||||
10 | county, then a newspaper having general circulation
within | ||||||
11 | the county; or
| ||||||
12 | (2) by a contract let without advertising for bids in | ||||||
13 | the case of an
emergency if authorized by the county board.
| ||||||
14 | (b) In determining the lowest responsible bidder, the | ||||||
15 | county board shall
take into consideration the qualities of the | ||||||
16 | articles supplied; their
conformity with the specifications; | ||||||
17 | their suitability to the
requirements
of the county,
| ||||||
18 | availability of support services; uniqueness of the service, | ||||||
19 | materials,
equipment, or supplies as it applies to networked, | ||||||
20 | integrated computer systems;
compatibility to existing | ||||||
21 | equipment;
and the delivery terms. The county board also may
| ||||||
22 | take into consideration whether a bidder is a private | ||||||
23 | enterprise or a
State-controlled enterprise and, | ||||||
24 | notwithstanding any other provision of
this Section or a lower | ||||||
25 | bid by a State-controlled enterprise, may let a
contract to the |
| |||||||
| |||||||
1 | lowest responsible bidder that is a private enterprise.
| ||||||
2 | (c) This Section does not apply to contracts by a county | ||||||
3 | with the federal
government or to purchases of used equipment, | ||||||
4 | purchases at auction
or similar transactions which by their | ||||||
5 | very nature are not suitable to
competitive bids, pursuant to | ||||||
6 | an ordinance adopted by the county board.
| ||||||
7 | (d) Notwithstanding the provisions of this Section, a | ||||||
8 | county may let
without advertising for bids in the case of | ||||||
9 | purchases and contracts, when
individual orders do not exceed | ||||||
10 | $25,000, for the use, purchase, delivery,
movement, or | ||||||
11 | installation of data processing equipment, software, or | ||||||
12 | services
and
telecommunications and inter-connect equipment, | ||||||
13 | software, and services.
| ||||||
14 | (e) A county may require, as a condition of any contract | ||||||
15 | for goods and
services,
that persons awarded a contract with | ||||||
16 | the county and all affiliates of the
person
collect and
remit | ||||||
17 | Illinois Use Tax on all sales of tangible personal property | ||||||
18 | into the
State
of Illinois
in accordance with the provisions of | ||||||
19 | the Illinois Use Tax Act regardless of
whether the
person or | ||||||
20 | affiliate is a "retailer maintaining a place of business within | ||||||
21 | this
State" as
defined in Section 2 of the Use Tax Act. For | ||||||
22 | purposes of this subsection (e),
the term
"affiliate" means any | ||||||
23 | entity that (1) directly, indirectly, or constructively
| ||||||
24 | controls another
entity, (2) is directly, indirectly, or | ||||||
25 | constructively controlled by another
entity, or (3) is
subject | ||||||
26 | to the control of a common entity. For purposes of this |
| |||||||
| |||||||
1 | subsection (e),
an entity
controls another entity if it owns, | ||||||
2 | directly or individually, more than 10% of
the voting
| ||||||
3 | securities of that entity. As used in this subsection (e), the | ||||||
4 | term "voting
security" means a
security that (1) confers upon | ||||||
5 | the holder the right to vote for the election of
members of
the | ||||||
6 | board of directors or similar governing body of the business or | ||||||
7 | (2) is
convertible into,
or entitles the holder to receive upon | ||||||
8 | its exercise, a security that confers
such a right to
vote. A | ||||||
9 | general partnership interest is a voting security.
| ||||||
10 | (f) Bids submitted to, and contracts executed by, the | ||||||
11 | county may require
a
certification by the bidder or contractor | ||||||
12 | that the bidder or contractor is not
barred from
bidding for or | ||||||
13 | entering into a contract under this Section and that the bidder
| ||||||
14 | or contractor
acknowledges that the county may declare the | ||||||
15 | contract void if the certification
completed
pursuant to this | ||||||
16 | subsection (f) is false.
| ||||||
17 | (Source: P.A. 93-25, eff. 6-20-03; 93-157, eff. 1-1-04; revised | ||||||
18 | 8-12-03.)
| ||||||
19 | (55 ILCS 5/5-1101) (from Ch. 34, par. 5-1101)
| ||||||
20 | Sec. 5-1101. Additional fees to finance court system.
A | ||||||
21 | county board may enact by ordinance or resolution the following | ||||||
22 | fees:
| ||||||
23 | (a) A $5 fee to be paid by the defendant on a judgment of | ||||||
24 | guilty or a grant
of supervision for violation of the Illinois | ||||||
25 | Vehicle Code other than Section
11-501 or violations of similar |
| |||||||
| |||||||
1 | provisions contained in county or municipal
ordinances | ||||||
2 | committed in the county, and up to a $30 fee to be paid by the
| ||||||
3 | defendant on a judgment of guilty or a grant of supervision for | ||||||
4 | violation of
Section 11-501 of the Illinois Vehicle Code or a | ||||||
5 | violation of a similar
provision contained in county or | ||||||
6 | municipal ordinances committed in the county.
| ||||||
7 | (b) In the case of a county having a population of | ||||||
8 | 1,000,000 or less,
a $5 fee to be collected in all civil cases | ||||||
9 | by the clerk of the circuit court.
| ||||||
10 | (c) A fee to be paid by the defendant on a judgment of | ||||||
11 | guilty or a grant of
supervision under Section 5-9-1 of the | ||||||
12 | Unified Code of Corrections, as follows:
| ||||||
13 | (1) for a felony, $50;
| ||||||
14 | (2) for a class A misdemeanor, $25;
| ||||||
15 | (3) for a class B or class C misdemeanor, $15;
| ||||||
16 | (4) for a petty offense, $10;
| ||||||
17 | (5) for a business offense, $10.
| ||||||
18 | (d) A $100 fee for the second and subsequent violations of | ||||||
19 | Section
11-501 of the Illinois Vehicle Code or violations of | ||||||
20 | similar provisions
contained in county or municipal ordinances | ||||||
21 | committed in the county. The
proceeds of this fee shall be | ||||||
22 | placed in the county general fund and used to
finance education | ||||||
23 | programs related to driving under the influence of alcohol or
| ||||||
24 | drugs.
| ||||||
25 | (d-5) A $10 fee to be paid by the defendant on a judgment | ||||||
26 | of guilty or a grant of supervision under Section 5-9-1 of the |
| |||||||
| |||||||
1 | Unified Code of Corrections to be placed in the county general | ||||||
2 | fund and used to finance the county mental health court, the | ||||||
3 | county drug court, or both. | ||||||
4 | (e) In each county in which a teen court, peer court, peer | ||||||
5 | jury, youth
court, or
other
youth diversion program has been | ||||||
6 | created, a county may adopt a mandatory fee
of up to $5 to be | ||||||
7 | assessed as provided in this subsection. Assessments
collected
| ||||||
8 | by the clerk of the circuit court pursuant to this subsection | ||||||
9 | must be deposited
into an
account specifically for the | ||||||
10 | operation and administration of a teen court, peer
court, peer | ||||||
11 | jury, youth court, or other youth diversion program. The clerk | ||||||
12 | of
the
circuit court shall collect the fees established in this | ||||||
13 | subsection and must
remit the
fees to the teen court, peer | ||||||
14 | court, peer jury, youth court, or other youth
diversion
program | ||||||
15 | monthly, less 5%, which is to be retained as fee income to the | ||||||
16 | office
of
the clerk of the circuit court. The fees are to be | ||||||
17 | paid as follows:
| ||||||
18 | (1) a fee of up to $5 paid by the defendant on a | ||||||
19 | judgment of guilty or
grant of supervision for violation of | ||||||
20 | the Illinois Vehicle Code or violations
of similar | ||||||
21 | provisions contained in county or municipal ordinances | ||||||
22 | committed in
the
county;
| ||||||
23 | (2) a fee of up to $5 paid by the defendant on a | ||||||
24 | judgment of guilty or
grant of supervision under Section | ||||||
25 | 5-9-1 of the Unified Code of Corrections for
a
felony; for | ||||||
26 | a Class A, Class B, or Class C misdemeanor; for a petty |
| |||||||
| |||||||
1 | offense;
and
for a business offense.
| ||||||
2 | (f) In each county in which a drug court has been created, | ||||||
3 | the county may adopt a mandatory fee of up to $5 to be assessed | ||||||
4 | as provided in this subsection. Assessments collected by the | ||||||
5 | clerk of the circuit court pursuant to this subsection must be | ||||||
6 | deposited into an account specifically for the operation and | ||||||
7 | administration of the drug court. The clerk of the circuit | ||||||
8 | court shall collect the fees established in this subsection and | ||||||
9 | must remit the fees to the drug court, less 5%, which is to be | ||||||
10 | retained as fee income to the office of the clerk of the | ||||||
11 | circuit court. The fees are to be paid as follows: | ||||||
12 | (1) a fee of up to $5 paid by the defendant on a | ||||||
13 | judgment of guilty or grant of supervision for a violation | ||||||
14 | of the Illinois Vehicle Code or a violation of a similar | ||||||
15 | provision contained in a county or municipal ordinance | ||||||
16 | committed in the county; or | ||||||
17 | (2) a fee of up to $5 paid by the defendant on a | ||||||
18 | judgment of guilty or a grant of supervision under Section | ||||||
19 | 5-9-1 of the Unified Code of Corrections for a felony; for | ||||||
20 | a Class A, Class B, or Class C misdemeanor; for a petty | ||||||
21 | offense; and for a business offense. | ||||||
22 |
The clerk of the circuit court shall deposit the 5% | ||||||
23 | retained under this subsection into the Circuit Court Clerk | ||||||
24 | Operation and Administrative Fund to be used to defray the | ||||||
25 | costs of collection and disbursement of the drug court fee. | ||||||
26 | (g) The proceeds of all fees enacted under this Section |
| |||||||
| |||||||
1 | must, except as
provided in subsections (d), (d-5),
(e), and | ||||||
2 | (f) , be placed
in the
county general fund and used to
finance | ||||||
3 | the court system in the county, unless the fee is subject to
| ||||||
4 | disbursement by the circuit clerk as provided under Section | ||||||
5 | 27.5 of the Clerks
of Courts Act.
| ||||||
6 | (Source: P.A. 93-892, eff. 1-1-05; 93-992, eff. 1-1-05; 94-862, | ||||||
7 | eff. 6-16-06; 94-980, eff. 6-30-06; revised 8-3-06.)
| ||||||
8 | (55 ILCS 5/5-21009) (from Ch. 34, par. 5-21009)
| ||||||
9 | Sec. 5-21009. Purchase of care. Any infirm or chronically | ||||||
10 | ill
resident of the county, or resident of participating | ||||||
11 | counties in the case
of a joint home, who desires to purchase | ||||||
12 | care and maintenance in the county
home with his own funds or | ||||||
13 | with a public aid grant awarded to him under
"The Illinois | ||||||
14 | Public Aid Code" may be received and cared for in the home.
| ||||||
15 | Upon authorization of the County Board, or the County | ||||||
16 | Boards in the case
of a joint home, infirm or chronically ill | ||||||
17 | residents of other counties who
desire to purchase care and | ||||||
18 | maintenance in the home from their own funds or
from public aid | ||||||
19 | grants may also be admitted to the home.
| ||||||
20 | The Illinois Department of Healthcare and Family Services
| ||||||
21 | Public Aid , any local Supervisor of General
Assistance, and any | ||||||
22 | other State or local agency may also purchase care in
the home | ||||||
23 | for persons under their charge by paying the rates established | ||||||
24 | by
the County Board.
| ||||||
25 | (Source: P.A. 86-962; revised 12-15-05.)
|
| |||||||
| |||||||
1 | (55 ILCS 5/5-37006) (from Ch. 34, par. 5-37006)
| ||||||
2 | Sec. 5-37006. Reimbursement for cost of services. In | ||||||
3 | relation
to inpatient hospital services provided at any health | ||||||
4 | care facility
maintained by the Commission to any person under | ||||||
5 | the legal custody of the
Sheriff of Cook County pending trial | ||||||
6 | the Commission may obtain
reimbursement from the confined | ||||||
7 | person to whom the services were provided
for the cost of such | ||||||
8 | services to the extent that such person is reasonably
able to | ||||||
9 | pay for such care, including reimbursement from any insurance
| ||||||
10 | program or from other medical benefit programs available to | ||||||
11 | such person.
If such person has already been determined | ||||||
12 | eligible for medical assistance
under the Illinois Public Aid | ||||||
13 | Code at the time the person is initially
detained pending | ||||||
14 | trial, the cost of such services, to the extent such cost
| ||||||
15 | exceeds $2,500, shall be reimbursed by the Department of | ||||||
16 | Healthcare and Family Services
Public Aid under
that Act. A | ||||||
17 | reimbursement under any public or private program authorized
by | ||||||
18 | this Section shall be paid to the Commission to the same extent | ||||||
19 | as would
obtain had the services been rendered in a | ||||||
20 | non-custodial environment.
| ||||||
21 | This Section does not apply to services provided to any | ||||||
22 | person who
has been convicted of or has pleaded guilty to an | ||||||
23 | offense and is held in
custody pending sentencing or under | ||||||
24 | sentence of the court.
| ||||||
25 | (Source: P.A. 86-962; revised 12-15-05.)
|
| |||||||
| |||||||
1 | Section 470. The Township Code is amended by setting forth | ||||||
2 | and renumbering multiple versions of Sections 30-166 and 85-50 | ||||||
3 | and by changing Sections 35-50.2 and 235-20 as follows:
| ||||||
4 | (60 ILCS 1/30-166)
| ||||||
5 | Sec. 30-166. Civil penalties for false fire alarms. The | ||||||
6 | township board of
any township providing fire protection | ||||||
7 | services may impose reasonable civil
penalties on individuals | ||||||
8 | who repeatedly cause false fire alarms.
| ||||||
9 | (Source: P.A. 93-302, eff. 1-1-04.)
| ||||||
10 | (60 ILCS 1/30-167)
| ||||||
11 | Sec. 30-167
30-166 . Charge against non-residents.
| ||||||
12 | (a) The township board of each township may
fix, charge, | ||||||
13 | and collect fees not exceeding the reasonable cost of the
| ||||||
14 | service for all services rendered by the township against | ||||||
15 | persons,
businesses, and other entities who are not residents | ||||||
16 | of the township.
| ||||||
17 | (b) The charge may not be assessed against residents of the | ||||||
18 | township or
persons who request fire protection coverage for an | ||||||
19 | unprotected area and who
pay to the township an amount equal to | ||||||
20 | the township's fire
protection tax under Article 200 of this | ||||||
21 | Code.
| ||||||
22 | (c) The charge for such services shall be computed at a | ||||||
23 | rate not to exceed
$125 per hour per vehicle and not to exceed |
| |||||||
| |||||||
1 | $35 per hour per firefighter
responding to a call for | ||||||
2 | assistance. An additional charge may be levied to
reimburse the | ||||||
3 | township for extraordinary expenses of materials used in
| ||||||
4 | rendering such services. No charge shall be made for services | ||||||
5 | for which the
total charge would be less than $50.
| ||||||
6 | (d) All revenue from the charges assessed pursuant to this | ||||||
7 | Section shall
be deposited into the general fund of the | ||||||
8 | township.
| ||||||
9 | (Source: P.A. 93-304, eff. 7-23-03; revised 9-24-03.)
| ||||||
10 | (60 ILCS 1/35-50.2)
| ||||||
11 | Sec. 35-50.2 .
Construction of senior citizens' housing; | ||||||
12 | revenue bonds.
| ||||||
13 | (a) For the purpose of defraying the cost of the | ||||||
14 | construction, purchase,
improvement, extension, or equipping | ||||||
15 | from time to time of senior citizens'
housing, including | ||||||
16 | feasibility, engineering, legal, and other expenses,
together | ||||||
17 | with interest on its revenue bonds, to the fullest extent
| ||||||
18 | permitted by the provisions of Section 9 of the Local | ||||||
19 | Government Debt
Reform Act, the township board, when authorized | ||||||
20 | by a majority of the
votes cast on the proposition submitted in | ||||||
21 | accordance with the general
election law under Section 35-50.3, | ||||||
22 | may issue and sell revenue
bonds of the township payable solely | ||||||
23 | from the net income and revenue
derived from the operation of | ||||||
24 | the senior citizens' housing, after payment
of the costs of | ||||||
25 | operation and maintenance of the senior citizens' housing
and |
| |||||||
| |||||||
1 | provision for an adequate depreciation fund (if a depreciation | ||||||
2 | fund is
deemed necessary by the township board). The township | ||||||
3 | board
may also from time to time issue revenue bonds to refund | ||||||
4 | any such revenue
bonds, at the redemption price authorized, at | ||||||
5 | maturity or at any time
before maturity, all as authorized in | ||||||
6 | the ordinance of the township board
authorizing the refunded | ||||||
7 | bonds. The bonds shall bear interest at
a rate or rates not to | ||||||
8 | exceed the maximum rate authorized by the Bond
Authorization | ||||||
9 | Act, as amended at the time of the making of the contract for | ||||||
10 | the
sale of the bonds, the interest shall be payable | ||||||
11 | semi-annually, and the bonds
shall mature within the period of | ||||||
12 | usefulness of the project involved, as
determined in the sole | ||||||
13 | discretion of the township board and in any event not
more than | ||||||
14 | 40 years from the dated date of the bonds.
| ||||||
15 | (b) The bonds shall be sold in the manner determined by the | ||||||
16 | township board
and, whenever the bonds are sold at a price less | ||||||
17 | than par, they
shall be sold at a price and bear interest at a | ||||||
18 | rate or rates such
that either the true interest cost (yield) | ||||||
19 | or the net interest rate, as
selected by the township board, | ||||||
20 | received on the sale of the bonds,
does not exceed the maximum | ||||||
21 | rate otherwise authorized by the Bond
Authorization Act. If any | ||||||
22 | officer whose signature appears on the bonds or
coupons | ||||||
23 | attached to the bonds ceases to be an officer before the | ||||||
24 | delivery
of the bonds to the purchaser, his or her signature | ||||||
25 | shall nevertheless be
valid and sufficient for all purposes to | ||||||
26 | the same effect as if he or she
had remained in office until |
| |||||||
| |||||||
1 | the delivery of the bonds.
| ||||||
2 | (c) Notwithstanding the form or tenor of the bonds, and in | ||||||
3 | the absence
of expressed recitals on the face of the bonds that | ||||||
4 | the bonds are
non-negotiable, all bonds issued under this | ||||||
5 | Section shall have all the
qualities of negotiable instruments | ||||||
6 | under the law of this State.
| ||||||
7 | (d) With respect to instruments for the payment of money | ||||||
8 | issued under
Sections 35-50.1 through 35-50.6, including, | ||||||
9 | without limitation, revenue bonds
of a township, it is the | ||||||
10 | intention of the General Assembly (i) that the Omnibus
Bond | ||||||
11 | Acts are supplementary grants of power to issue those | ||||||
12 | instruments in
accordance with the Omnibus Bond Acts, | ||||||
13 | regardless of any provision of Sections
35-50.1 through 35-50.6 | ||||||
14 | that may appear to be more restrictive than those
Acts, (ii) | ||||||
15 | that the provisions of Sections 35-50.1 through 35-50.6 are not | ||||||
16 | a
limitation on the supplementary authority granted by the | ||||||
17 | Omnibus Bond Acts, and
(iii) that instruments issued under | ||||||
18 | Sections 35-50.1 through 35-50.6 within the
supplementary | ||||||
19 | authority granted by the Omnibus Bond Acts are not invalid
| ||||||
20 | because of any provision of Sections 35-50.1 through 35-50.6 | ||||||
21 | that may appear to
be more restrictive than those Acts.
| ||||||
22 | (e) Revenue bonds issued under Sections 35-50.1 through | ||||||
23 | 35-50.6 shall be
payable solely from the net revenue derived | ||||||
24 | from the operation of the senior
citizens' housing on account | ||||||
25 | of which the revenue bonds are issued. The
revenue bonds shall | ||||||
26 | not in any event constitute an indebtedness of the township
|
| |||||||
| |||||||
1 | within the meaning of any constitutional or statutory | ||||||
2 | limitation, and it shall
be so stated on the face of each bond.
| ||||||
3 | (f) Not less than 30 days before the making of a contract | ||||||
4 | for the sale
of bonds to be issued under Sections 35-50.1 | ||||||
5 | through 35-50.6, the township
board shall give written notice | ||||||
6 | to the Executive Director of the Illinois
Housing Development | ||||||
7 | Authority. Within 30 days after receiving the notice the
| ||||||
8 | Executive Director of the Illinois Housing Development | ||||||
9 | Authority shall give
written notice to the township board | ||||||
10 | stating whether it will finance the senior
citizens' housing. | ||||||
11 | If the Illinois Housing Development Authority notifies
the | ||||||
12 | township board that it will not finance the senior citizens' | ||||||
13 | housing, the
township may finance the senior citizens' housing | ||||||
14 | or seek alternative financing
from any other available source.
| ||||||
15 | (Source: P.A. 87-922; 88-62; revised 9-21-06.)
| ||||||
16 | (60 ILCS 1/85-50)
| ||||||
17 | Sec. 85-50. Demolition, repair, or enclosure of buildings.
| ||||||
18 | (a) The township board of any township may formally request | ||||||
19 | the county board
to commence specified proceedings with respect | ||||||
20 | to property located within the
township but outside the | ||||||
21 | territory of any municipality as provided in Section
5-1121 of | ||||||
22 | the Counties Code. If the county board declines the request as
| ||||||
23 | provided in Section 5-1121 of the Counties Code, the township | ||||||
24 | may exercise its
powers under this Section.
| ||||||
25 | (b) The township board of each township may
demolish, |
| |||||||
| |||||||
1 | repair, or enclose or cause the demolition, repair, or | ||||||
2 | enclosure of
dangerous and unsafe buildings or uncompleted and | ||||||
3 | abandoned buildings within
the territory of the township and
| ||||||
4 | may remove or cause the removal of garbage, debris, and other | ||||||
5 | hazardous,
noxious, or unhealthy substances or materials from | ||||||
6 | those buildings.
| ||||||
7 | The township board shall apply to the circuit court of the | ||||||
8 | county
in which the building is located (i) for an order | ||||||
9 | authorizing action to
be taken with respect to a building if | ||||||
10 | the owner or owners of the building,
including the lien holders | ||||||
11 | of record, after at least 15 days' written
notice by mail to do | ||||||
12 | so, have failed to commence proceedings to put the
building in | ||||||
13 | a safe
condition or to demolish it or (ii) for an order | ||||||
14 | requiring the owner or
owners of record to demolish, repair, or | ||||||
15 | enclose the building or to remove
garbage, debris, and other | ||||||
16 | hazardous, noxious, or unhealthy substances or
materials from | ||||||
17 | the building. It is not a defense to the cause of action
that | ||||||
18 | the building is boarded up or otherwise enclosed, although the | ||||||
19 | court
may order the defendant to have the building boarded up | ||||||
20 | or otherwise
enclosed. Where, upon diligent search, the | ||||||
21 | identity or whereabouts of the
owner or owners of the building, | ||||||
22 | including the lien holders of record,
is not ascertainable, | ||||||
23 | notice mailed to the person or persons in whose name
the real | ||||||
24 | estate was last assessed and the posting of the notice upon the
| ||||||
25 | premises sought to be demolished or repaired is sufficient | ||||||
26 | notice under this
Section.
|
| |||||||
| |||||||
1 | The hearing upon the application to the circuit court shall | ||||||
2 | be expedited
by the court and shall be given precedence over | ||||||
3 | all other suits.
| ||||||
4 | The cost of the demolition, repair, enclosure, or removal | ||||||
5 | incurred by
the township, by an intervenor, or by a lien holder | ||||||
6 | of record,
including court costs, attorney's fees, and other | ||||||
7 | costs related to the
enforcement of this Section, is | ||||||
8 | recoverable from the owner or owners of
the real estate or the | ||||||
9 | previous owner or both if the property was transferred
during | ||||||
10 | the 15-day notice period and is a lien on the real estate
if, | ||||||
11 | within
180 days after the repair, demolition, enclosure, or | ||||||
12 | removal, the township,
the lien holder of record, or the | ||||||
13 | intervenor who incurred the cost and expense
shall file a | ||||||
14 | notice of lien for the cost and expense incurred in the office | ||||||
15 | of
the recorder in the county in which the real estate is | ||||||
16 | located or in the office
of the registrar of titles of the | ||||||
17 | county if the real estate affected is
registered under the | ||||||
18 | Registered Titles (Torrens) Act.
The lien becomes effective at | ||||||
19 | the time of filing.
| ||||||
20 | The notice must consist of a sworn statement setting out | ||||||
21 | (1) a
description of the real estate sufficient for its | ||||||
22 | identification, (2)
the amount of money representing the cost | ||||||
23 | and expense incurred, and (3) the
date or dates when the cost | ||||||
24 | and expense was incurred by the township,
the lien holder of | ||||||
25 | record, or the intervenor. Upon payment of the cost and
expense | ||||||
26 | by the owner of or persons interested in the property after the
|
| |||||||
| |||||||
1 | notice of lien has been filed, the lien shall be released by | ||||||
2 | the
township, the person in whose name the lien has been filed, | ||||||
3 | or the
assignee of the lien, and the release may be filed of | ||||||
4 | record as in the case
of filing notice of lien. Unless the lien | ||||||
5 | is enforced under subsection (c),
the lien may be enforced by | ||||||
6 | foreclosure proceedings as in the case of
mortgage foreclosures | ||||||
7 | under Article XV of the Code of Civil Procedure or
mechanics' | ||||||
8 | lien foreclosures. An action to foreclose this lien
may be | ||||||
9 | commenced at any time after the date of filing of the notice of
| ||||||
10 | lien. The costs of foreclosure incurred by the township, | ||||||
11 | including
court costs, reasonable attorney's fees, advances to | ||||||
12 | preserve the property,
and other costs related to the | ||||||
13 | enforcement of this subsection, plus
statutory interest, are a | ||||||
14 | lien on the real estate and are recoverable by
the township | ||||||
15 | from the owner or owners of the real estate.
| ||||||
16 | All liens arising under this subsection (b) shall be | ||||||
17 | assignable.
The assignee of the lien shall have the same power | ||||||
18 | to enforce the lien
as the assigning party, except that the | ||||||
19 | lien may not be
enforced under subsection (c).
| ||||||
20 | (c) In any case where a township has obtained a lien under
| ||||||
21 | subsection (b), the township may enforce the lien under
this | ||||||
22 | subsection (c) in the same proceeding in which the lien is | ||||||
23 | authorized.
| ||||||
24 | A township desiring to enforce a lien under this subsection | ||||||
25 | (c) shall
petition the court to retain jurisdiction for | ||||||
26 | foreclosure proceedings under
this subsection. Notice of the |
| |||||||
| |||||||
1 | petition shall be served, by certified or
registered mail, on | ||||||
2 | all persons who were served notice under subsection (b).
The | ||||||
3 | court shall conduct a hearing on the petition not less than 15
| ||||||
4 | days after the notice is served. If the court determines that | ||||||
5 | the
requirements of this subsection (c) have been satisfied, it | ||||||
6 | shall grant the
petition and retain jurisdiction over the | ||||||
7 | matter until the foreclosure
proceeding is completed. The costs | ||||||
8 | of foreclosure incurred by the
township, including court costs, | ||||||
9 | reasonable attorneys' fees, advances
to preserve the property, | ||||||
10 | and other costs related to the enforcement of
this subsection, | ||||||
11 | plus statutory interest, are a lien on the real estate and
are | ||||||
12 | recoverable by the township from the owner or owners of the | ||||||
13 | real
estate. If the court denies the petition, the township may | ||||||
14 | enforce the
lien in a separate action as provided in subsection | ||||||
15 | (b).
| ||||||
16 | All persons designated in Section 15-1501 of the Code of | ||||||
17 | Civil Procedure
as necessary parties in a mortgage foreclosure | ||||||
18 | action shall be joined as
parties before issuance of an order | ||||||
19 | of foreclosure. Persons designated
in Section 15-1501 of the | ||||||
20 | Code of Civil Procedure as permissible parties
may also be | ||||||
21 | joined as parties in the action.
| ||||||
22 | The provisions of Article XV of the Code of Civil Procedure | ||||||
23 | applicable to
mortgage foreclosures shall apply to the | ||||||
24 | foreclosure of a lien under
this subsection (c), except to the | ||||||
25 | extent that those provisions are
inconsistent with this | ||||||
26 | subsection. For purposes of foreclosures
of liens under this |
| |||||||
| |||||||
1 | subsection, however, the redemption period described in
| ||||||
2 | subsection (c) of Section 15-1603 of the Code of Civil | ||||||
3 | Procedure shall end
60 days after the date of entry of the | ||||||
4 | order of foreclosure.
| ||||||
5 | (d) In addition to any other remedy provided by law, the | ||||||
6 | township
board of any township may petition the circuit court | ||||||
7 | to have
property declared abandoned under this subsection (d) | ||||||
8 | if:
| ||||||
9 | (1) the property has been tax delinquent for 2 or more | ||||||
10 | years or bills
for water service for the property have been | ||||||
11 | outstanding for 2 or more years;
| ||||||
12 | (2) the property is unoccupied by persons legally in | ||||||
13 | possession; and
| ||||||
14 | (3) the property contains a dangerous or unsafe | ||||||
15 | building.
| ||||||
16 | All persons having an interest of record in the property, | ||||||
17 | including tax
purchasers and beneficial owners of any Illinois | ||||||
18 | land trust having title to
the property, shall be named as | ||||||
19 | defendants in the petition and shall be
served with process. In | ||||||
20 | addition, service shall be had under Section
2-206 of the Code | ||||||
21 | of Civil Procedure as in other cases affecting property.
| ||||||
22 | The township, however, may proceed under this subsection in | ||||||
23 | a
proceeding brought under subsection (b). Notice of the | ||||||
24 | petition
shall be served by certified or registered mail on all | ||||||
25 | persons who were
served notice under subsection (b).
| ||||||
26 | If the township proves that the conditions described in |
| |||||||
| |||||||
1 | this
subsection exist and the owner of record of the property | ||||||
2 | does not enter
an appearance in the action, or, if title to the | ||||||
3 | property is held by an
Illinois land trust, if neither the | ||||||
4 | owner of record nor the owner of the
beneficial interest of the | ||||||
5 | trust enters an appearance, the court
shall declare the | ||||||
6 | property abandoned.
| ||||||
7 | If that determination is made, notice shall be sent by | ||||||
8 | certified or
registered mail to all persons having an interest | ||||||
9 | of record in the
property, including tax purchasers and | ||||||
10 | beneficial owners of any Illinois
land trust having title to | ||||||
11 | the property, stating that title to the
property will be | ||||||
12 | transferred to the township unless, within 30 days of
the | ||||||
13 | notice, the owner of record enters an appearance in the action, | ||||||
14 | or
unless any other person having an interest in the property | ||||||
15 | files with the
court a request to demolish the dangerous or | ||||||
16 | unsafe building or to put the
building in safe condition.
| ||||||
17 | If the owner of record enters an appearance in the action | ||||||
18 | within the 30-day
period, the court shall vacate its order | ||||||
19 | declaring the property
abandoned. In that case, the township | ||||||
20 | may amend its complaint in order
to initiate proceedings under | ||||||
21 | subsection (b).
| ||||||
22 | If a request to demolish or repair the building is filed | ||||||
23 | within the 30-day
period, the court shall grant permission to | ||||||
24 | the requesting party to
demolish the building within 30 days or | ||||||
25 | to restore the building to safe
condition within 60 days after | ||||||
26 | the request is granted. An extension of
that period for up to |
| |||||||
| |||||||
1 | 60 additional days may be given for good cause. If
more than | ||||||
2 | one person with an interest in the property files a timely
| ||||||
3 | request, preference shall be given to the person with the lien | ||||||
4 | or other
interest of the highest priority.
| ||||||
5 | If the requesting party proves to the court that the | ||||||
6 | building has been
demolished or put in a safe condition within | ||||||
7 | the period of time granted by
the court, the court shall issue | ||||||
8 | a quitclaim judicial deed for the
property to the requesting | ||||||
9 | party, conveying only the interest of the owner
of record, upon | ||||||
10 | proof of payment to the township of all costs incurred
by the | ||||||
11 | township in connection with the action, including but not
| ||||||
12 | limited to court costs, attorney's fees, administrative costs, | ||||||
13 | the
costs, if any, associated with building enclosure or | ||||||
14 | removal, and receiver's
certificates. The interest in the | ||||||
15 | property so conveyed shall be subject to
all liens and | ||||||
16 | encumbrances on the property. In addition, if the interest is
| ||||||
17 | conveyed to a person holding a certificate of purchase for the | ||||||
18 | property
under the Property Tax Code, the conveyance shall
be | ||||||
19 | subject to the rights of redemption of all persons entitled to | ||||||
20 | redeem under
that Act, including the original owner of record.
| ||||||
21 | If no person with an interest in the property files a | ||||||
22 | timely request or
if the requesting party fails to demolish the | ||||||
23 | building or put the building
in safe condition within the time | ||||||
24 | specified by the court, the township
may petition the court to | ||||||
25 | issue a judicial deed for the property
to the
county. A | ||||||
26 | conveyance by judicial deed shall operate to extinguish
all |
| |||||||
| |||||||
1 | existing ownership interests in, liens on, and other interest | ||||||
2 | in the
property, including tax liens. | ||||||
3 | (Source: P.A. 94-841, eff. 6-7-06.)
| ||||||
4 | (60 ILCS 1/85-55)
| ||||||
5 | Sec. 85-55
85-50 . Horse-drawn vehicles. The township board | ||||||
6 | may, by
ordinance,
license and regulate horse-drawn vehicles | ||||||
7 | operating within the township. The
ordinance may also (i) | ||||||
8 | prescribe regulations for the safe operation of
horse-drawn | ||||||
9 | vehicles and (ii) require the examination of persons operating | ||||||
10 | a
horse-drawn vehicle. Any annual fee charged for a license to | ||||||
11 | operate a
horse-drawn vehicle may not exceed $50. Any fees | ||||||
12 | charged for a license to
operate a horse-drawn
vehicle within | ||||||
13 | the township must be used for the improvement of township | ||||||
14 | roads.
| ||||||
15 | For the purposes of this Section, "horse-drawn vehicle" | ||||||
16 | means any vehicle
powered by any animal of the equine family.
| ||||||
17 | (Source: P.A. 92-613, eff. 1-1-03; revised 8-26-02.)
| ||||||
18 | (60 ILCS 1/235-20)
| ||||||
19 | Sec. 235-20. General assistance tax.
| ||||||
20 | (a) The township board may raise money by taxation deemed
| ||||||
21 | necessary to be expended to provide general assistance in the | ||||||
22 | township to
persons needing that assistance as provided in the | ||||||
23 | Illinois Public Aid
Code, including persons eligible for | ||||||
24 | assistance under the Military Veterans
Assistance Act, where |
| |||||||
| |||||||
1 | that duty is provided by law. The tax for each
fiscal year | ||||||
2 | shall not be more than 0.10% of value, or more than an
amount | ||||||
3 | approved at a referendum held under this Section, as equalized | ||||||
4 | or
assessed by the Department of Revenue, and shall in no case | ||||||
5 | exceed the
amount needed in the township for general | ||||||
6 | assistance.
The board may decrease
the maximum tax rate by | ||||||
7 | ordinance.
| ||||||
8 | (b) Except as otherwise provided in this subsection,
if the | ||||||
9 | board desires to increase the maximum tax rate, it shall
order | ||||||
10 | a referendum on that proposition to be held at an election in
| ||||||
11 | accordance with the general election law. The board shall | ||||||
12 | certify the
proposition to the proper election officials, who | ||||||
13 | shall submit the
proposition to the voters at an election in | ||||||
14 | accordance with the general
election law. If a majority of the | ||||||
15 | votes cast on the proposition is in
favor of the proposition, | ||||||
16 | the board may annually levy the tax at a rate
not exceeding the | ||||||
17 | higher rate approved by the voters at the election. If,
| ||||||
18 | however, the board has decreased the maximum tax rate under | ||||||
19 | subsection
(a), then it may, at any time after the decrease, | ||||||
20 | increase the maximum tax
rate, by ordinance, to a rate less | ||||||
21 | than or equal to the maximum tax rate
immediately prior to the | ||||||
22 | board's ordinance to decrease the rate.
| ||||||
23 | (c) If a city, village, or incorporated town having a | ||||||
24 | population of
more than 500,000 is located within or partially | ||||||
25 | within a township, then
the entire amount of the tax levied by | ||||||
26 | the township for the purpose of
providing general assistance |
| |||||||
| |||||||
1 | under this Section on property lying within
that city, village, | ||||||
2 | or incorporated town, less the amount allowed for
collecting | ||||||
3 | the tax, shall be paid over by the treasurer of the township to
| ||||||
4 | the treasurer of the city, village, or incorporated town to be | ||||||
5 | appropriated
and used by the city, village, or incorporated | ||||||
6 | town for the relief and
support of persons needing general | ||||||
7 | assistance residing in that portion of
the city, village, or | ||||||
8 | incorporated town located within the township in
accordance | ||||||
9 | with the Illinois Public Aid Code.
| ||||||
10 | (d) Any taxes levied for general assistance before or after | ||||||
11 | this Section
takes effect may also be used for the payment of | ||||||
12 | warrants issued against
and in anticipation of those taxes and | ||||||
13 | accrued interest on those warrants
and may also be used to pay | ||||||
14 | the cost of administering that assistance.
| ||||||
15 | (e) In any township with a population of less than 500,000 | ||||||
16 | that receives no
State funding for the general assistance | ||||||
17 | program and that has not issued
anticipation warrants or | ||||||
18 | otherwise borrowed monies for the administration of
the general | ||||||
19 | assistance program during the township's previous 3 fiscal | ||||||
20 | years
of operation, a one time transfer of monies from the | ||||||
21 | township's general
assistance fund may be made to the general | ||||||
22 | township fund pursuant to action
by the township board. This | ||||||
23 | transfer may occur only to the
extent that the amount of monies | ||||||
24 | remaining in the general assistance fund
after the transfer is | ||||||
25 | equal to the greater of (i) the amount of the
township's | ||||||
26 | expenditures in the previous fiscal year for general assistance
|
| |||||||
| |||||||
1 | or (ii) an amount equal to either 0.10% of the last known total | ||||||
2 | equalized
value of
all taxable property in the township, or | ||||||
3 | 100% of the highest amount levied
for general assistance | ||||||
4 | purposes in any of the three previous fiscal years.
The | ||||||
5 | transfer shall
be completed no later than one year after the | ||||||
6 | effective date of this
amendatory Act of the 92nd General | ||||||
7 | Assembly.
No township that
has certified a new levy or an | ||||||
8 | increase in the levy under this Section
during calendar year | ||||||
9 | 2002 may transfer monies under this
subsection.
No action on | ||||||
10 | the transfer of monies under this subsection shall be taken by
| ||||||
11 | the township board except at a township board meeting. No
| ||||||
12 | monies transferred under this subsection shall be considered in | ||||||
13 | determining
whether the township qualifies for State funds to | ||||||
14 | supplement local funds
for public aid purposes under Section | ||||||
15 | 12-21.13 of the Illinois Public Aid Code.
| ||||||
16 | (Source: P.A. 92-558, eff. 6-24-02; 92-718, eff. 7-25-02; | ||||||
17 | revised 9-9-02.)
| ||||||
18 | Section 475. The Illinois Municipal Code is amended by | ||||||
19 | changing Sections 8-11-1.2, 11-31-1, 11-74.4-3, 11-74.4-6, | ||||||
20 | 11-74.4-7, and 11-124-1 and by renumbering Section 19.2-5 as | ||||||
21 | follows:
| ||||||
22 | (65 ILCS 5/8-11-1.2) (from Ch. 24, par. 8-11-1.2)
| ||||||
23 | Sec. 8-11-1.2. Definition. As used in Sections 8-11-1.3,
| ||||||
24 | 8-11-1.4 and 8-11-1.5 of this Act:
|
| |||||||
| |||||||
1 | (a) "Public infrastructure" means
municipal roads and | ||||||
2 | streets, access roads, bridges, and sidewalks; waste
disposal | ||||||
3 | systems; and water and sewer line extensions, water | ||||||
4 | distribution
and purification facilities, storm water drainage | ||||||
5 | and retention facilities,
and sewage treatment facilities.
For | ||||||
6 | purposes of referenda authorizing the
imposition of taxes by | ||||||
7 | the City of DuQuoin under Sections 8-11-1.3, 8-11-1.4,
and | ||||||
8 | 8-11-1.5 of this
Act
that are approved in November, 2002, | ||||||
9 | "public infrastructure" shall also
include public schools.
| ||||||
10 | (b) "Property tax relief" means the action of a | ||||||
11 | municipality to reduce the
levy for real estate taxes or avoid | ||||||
12 | an increase in the levy for real estate
taxes that would | ||||||
13 | otherwise have been required. Property tax relief or the
| ||||||
14 | avoidance of property tax must uniformly apply to all classes | ||||||
15 | of property.
| ||||||
16 | (Source: P.A. 91-51, eff. 6-30-99; 92-739, eff. 1-1-03; 92-815, | ||||||
17 | eff. 8-21-02;
revised 9-10-02.)
| ||||||
18 | (65 ILCS 5/11-19.2-5) (was 65 ILCS 5/19.2-5)
| ||||||
19 | Sec. 11-19.2-5
19.2-5 . Subpoenas - Defaults. At any time | ||||||
20 | prior to
the hearing date the hearing officer assigned to hear | ||||||
21 | the case
may, at the request of the sanitation inspector or the | ||||||
22 | attorney
for the municipality, or the respondent or his | ||||||
23 | attorney, issue
subpoenas directing witnesses to appear and | ||||||
24 | give testimony at
the hearing. If on the date set for hearing | ||||||
25 | the respondent or
his attorney fails to appear, the hearing |
| |||||||
| |||||||
1 | officer may find the
respondent in default and shall proceed | ||||||
2 | with the hearing and
accept evidence relating to the existence | ||||||
3 | of a code violation.
| ||||||
4 | (Source: P.A. 86-1364; revised 10-19-05.)
| ||||||
5 | (65 ILCS 5/11-31-1) (from Ch. 24, par. 11-31-1)
| ||||||
6 | Sec. 11-31-1. Demolition, repair, enclosure, or | ||||||
7 | remediation.
| ||||||
8 | (a) The corporate authorities of each municipality may | ||||||
9 | demolish, repair,
or enclose or cause the demolition, repair, | ||||||
10 | or enclosure of
dangerous and unsafe buildings or uncompleted | ||||||
11 | and abandoned buildings
within the territory of the | ||||||
12 | municipality and may remove or cause the
removal of garbage, | ||||||
13 | debris, and other hazardous, noxious, or unhealthy
substances | ||||||
14 | or materials from those buildings. In any county
having adopted | ||||||
15 | by referendum or otherwise a county health department as
| ||||||
16 | provided by Division 5-25 of the Counties Code or its | ||||||
17 | predecessor, the
county board of that county may exercise those | ||||||
18 | powers with regard to
dangerous and unsafe buildings or | ||||||
19 | uncompleted and abandoned buildings
within the territory of any | ||||||
20 | city, village, or incorporated town having less
than 50,000 | ||||||
21 | population.
| ||||||
22 | The corporate authorities shall apply to the circuit court | ||||||
23 | of the county
in which the building is located (i) for an order | ||||||
24 | authorizing action to
be taken with respect to a building if | ||||||
25 | the owner or owners of the building,
including the lien holders |
| |||||||
| |||||||
1 | of record, after at least 15 days' written
notice by mail so to | ||||||
2 | do, have failed to put the building in a safe
condition or to | ||||||
3 | demolish it or (ii) for an order requiring the owner or
owners | ||||||
4 | of record to demolish, repair, or enclose the building or to | ||||||
5 | remove
garbage, debris, and other hazardous, noxious, or | ||||||
6 | unhealthy substances or
materials from the building. It is not | ||||||
7 | a defense to the cause of action
that the building is boarded | ||||||
8 | up or otherwise enclosed, although the court
may order the | ||||||
9 | defendant to have the building boarded up or otherwise
| ||||||
10 | enclosed. Where, upon diligent search, the identity or | ||||||
11 | whereabouts of the
owner or owners of the building, including | ||||||
12 | the lien holders of record,
is not ascertainable, notice mailed | ||||||
13 | to the person or persons in whose name
the real estate was last | ||||||
14 | assessed is sufficient notice under this Section.
| ||||||
15 | The hearing upon the application to the circuit court shall | ||||||
16 | be expedited
by the court and shall be given precedence over | ||||||
17 | all other suits.
Any person entitled to bring an action under | ||||||
18 | subsection (b) shall have
the right to intervene in an action | ||||||
19 | brought under this Section.
| ||||||
20 | The cost of the demolition, repair, enclosure, or removal | ||||||
21 | incurred by
the municipality, by an intervenor, or by a lien | ||||||
22 | holder of record,
including court costs, attorney's fees, and | ||||||
23 | other costs related to the
enforcement of this Section, is | ||||||
24 | recoverable from the owner or owners of
the real estate or the | ||||||
25 | previous owner or both if the property was transferred
during | ||||||
26 | the 15 day notice period and is a lien on the real estate; the |
| |||||||
| |||||||
1 | lien is
superior to all prior existing liens and encumbrances, | ||||||
2 | except taxes, if, within
180 days after the repair, demolition, | ||||||
3 | enclosure, or removal, the municipality,
the lien holder of | ||||||
4 | record, or the intervenor who incurred the cost and expense
| ||||||
5 | shall file a notice of lien for the cost and expense incurred | ||||||
6 | in the office of
the recorder in the county in which the real | ||||||
7 | estate is located or in the office
of the registrar of titles | ||||||
8 | of the county if the real estate affected is
registered under | ||||||
9 | the Registered Titles (Torrens) Act.
| ||||||
10 | The notice must consist of a sworn statement setting out | ||||||
11 | (1) a
description of the real estate sufficient for its | ||||||
12 | identification, (2)
the amount of money representing the cost | ||||||
13 | and expense incurred, and (3) the
date or dates when the cost | ||||||
14 | and expense was incurred by the municipality,
the lien holder | ||||||
15 | of record, or the intervenor. Upon payment of the cost and
| ||||||
16 | expense by the owner of or persons interested in the property | ||||||
17 | after the
notice of lien has been filed, the lien shall be | ||||||
18 | released by the
municipality, the person in whose name the lien | ||||||
19 | has been filed, or the
assignee of the lien, and the release | ||||||
20 | may be filed of record as in the case
of filing notice of lien. | ||||||
21 | Unless the lien is enforced under subsection (c),
the lien may | ||||||
22 | be enforced by foreclosure proceedings as in the case of
| ||||||
23 | mortgage foreclosures under Article XV of the Code of Civil | ||||||
24 | Procedure or
mechanics' lien foreclosures. An action to | ||||||
25 | foreclose this lien
may be commenced at any time after the date | ||||||
26 | of filing of the notice of
lien. The costs of foreclosure |
| |||||||
| |||||||
1 | incurred by the municipality, including
court costs, | ||||||
2 | reasonable attorney's fees, advances to preserve the property,
| ||||||
3 | and other costs related to the enforcement of this subsection, | ||||||
4 | plus
statutory interest, are a lien on the real estate and are | ||||||
5 | recoverable by
the municipality from the owner or owners of the | ||||||
6 | real estate.
| ||||||
7 | All liens arising under this subsection (a) shall be | ||||||
8 | assignable.
The assignee of the lien shall have the same power | ||||||
9 | to enforce the lien
as the assigning party, except that the | ||||||
10 | lien may not be
enforced under subsection (c).
| ||||||
11 | If the appropriate official of any municipality determines | ||||||
12 | that any
dangerous and unsafe building or uncompleted and | ||||||
13 | abandoned building within
its territory fulfills the | ||||||
14 | requirements for an action by the municipality
under the | ||||||
15 | Abandoned Housing Rehabilitation Act, the municipality may
| ||||||
16 | petition under that Act in a proceeding brought under this | ||||||
17 | subsection.
| ||||||
18 | (b) Any owner or tenant of real property within 1200 feet | ||||||
19 | in any
direction of any dangerous or unsafe building located | ||||||
20 | within the territory
of a municipality with a population of | ||||||
21 | 500,000 or more may file with the
appropriate municipal | ||||||
22 | authority a request that the municipality apply to
the circuit | ||||||
23 | court of the county in which the building is located for an
| ||||||
24 | order permitting the demolition, removal of garbage, debris, | ||||||
25 | and other
noxious or unhealthy substances and materials from, | ||||||
26 | or repair or enclosure of
the building in the manner prescribed |
| |||||||
| |||||||
1 | in subsection (a) of this Section.
If the municipality fails to | ||||||
2 | institute an action in circuit court within 90
days after the | ||||||
3 | filing of the request, the owner or tenant of real property
| ||||||
4 | within 1200 feet in any direction of the building may institute | ||||||
5 | an action
in circuit court seeking an order compelling the | ||||||
6 | owner or owners of record
to demolish, remove garbage, debris, | ||||||
7 | and other noxious or unhealthy
substances and materials from, | ||||||
8 | repair or enclose or to cause to be
demolished, have garbage, | ||||||
9 | debris, and other noxious or unhealthy substances
and materials | ||||||
10 | removed from, repaired, or enclosed the building in question.
A | ||||||
11 | private owner or tenant who institutes an action under the | ||||||
12 | preceding sentence
shall not be required to pay any fee to the | ||||||
13 | clerk of the circuit court.
The cost of repair, removal, | ||||||
14 | demolition, or enclosure shall be borne by
the owner or owners | ||||||
15 | of record of the building. In the event the owner or
owners of | ||||||
16 | record fail to demolish, remove garbage, debris, and other | ||||||
17 | noxious
or unhealthy substances and materials from, repair, or | ||||||
18 | enclose the building
within 90 days of the date the court | ||||||
19 | entered its order, the owner or tenant
who instituted the | ||||||
20 | action may request that the court join the municipality
as a | ||||||
21 | party to the action. The court may order the municipality to | ||||||
22 | demolish,
remove materials from, repair, or enclose the | ||||||
23 | building, or cause that action to
be taken upon the request of | ||||||
24 | any owner or tenant who instituted the action or
upon the | ||||||
25 | municipality's request. The municipality may file, and the | ||||||
26 | court may
approve, a plan for rehabilitating the building in |
| |||||||
| |||||||
1 | question. A court order
authorizing the municipality to | ||||||
2 | demolish, remove materials from, repair, or
enclose a building, | ||||||
3 | or cause that action to be taken, shall not preclude the
court | ||||||
4 | from adjudging the owner or owners of record of the building in | ||||||
5 | contempt
of court due to the failure to comply with the order | ||||||
6 | to demolish, remove
garbage, debris, and other noxious or | ||||||
7 | unhealthy substances and materials from,
repair, or enclose the | ||||||
8 | building.
| ||||||
9 | If a municipality or a person or persons other than the | ||||||
10 | owner or
owners of record pay the cost of demolition, removal | ||||||
11 | of garbage, debris, and
other noxious or unhealthy substances | ||||||
12 | and materials, repair, or enclosure
pursuant to a court order, | ||||||
13 | the cost, including court costs, attorney's fees,
and other | ||||||
14 | costs related to the enforcement of this subsection, is
| ||||||
15 | recoverable from the owner or owners of the real estate and is | ||||||
16 | a lien
on the real estate; the lien is superior to all prior | ||||||
17 | existing liens and
encumbrances, except taxes, if, within 180 | ||||||
18 | days after the
repair, removal, demolition, or enclosure, the | ||||||
19 | municipality or the person or
persons who paid the costs of | ||||||
20 | demolition, removal, repair, or enclosure
shall file a notice | ||||||
21 | of lien of the cost and expense incurred in the office
of the | ||||||
22 | recorder in the county in which the real estate is located or | ||||||
23 | in the
office of the registrar of the county if the real estate | ||||||
24 | affected is
registered under the Registered Titles (Torrens) | ||||||
25 | Act. The notice shall be
in a form as is provided in subsection | ||||||
26 | (a). An owner or tenant who
institutes an action in circuit |
| |||||||
| |||||||
1 | court seeking an order to compel the owner
or owners of record | ||||||
2 | to demolish, remove materials from, repair, or enclose any
| ||||||
3 | dangerous or unsafe building, or to cause that action to be | ||||||
4 | taken under this
subsection may recover court costs and | ||||||
5 | reasonable attorney's fees for
instituting the action from the | ||||||
6 | owner or owners of record of the building.
Upon payment of the | ||||||
7 | costs and expenses by the owner of or a person
interested in | ||||||
8 | the property after the notice of lien has been filed, the
lien | ||||||
9 | shall be released by the municipality or the person in whose | ||||||
10 | name the
lien has been filed or his or her assignee, and the | ||||||
11 | release may be filed of
record as in the case of filing a | ||||||
12 | notice of lien. Unless the lien is
enforced under subsection | ||||||
13 | (c), the lien may be enforced by foreclosure
proceedings as in | ||||||
14 | the case of mortgage foreclosures under Article XV of the
Code | ||||||
15 | of Civil Procedure or mechanics' lien foreclosures. An action | ||||||
16 | to
foreclose this lien may be commenced at any time after the | ||||||
17 | date of filing
of the notice of lien. The costs of foreclosure | ||||||
18 | incurred by the
municipality, including court costs, | ||||||
19 | reasonable attorneys' fees, advances
to preserve the property, | ||||||
20 | and other costs related to the enforcement of
this subsection, | ||||||
21 | plus statutory interest, are a lien on the real estate
and are | ||||||
22 | recoverable by the municipality from the owner or owners of the
| ||||||
23 | real estate.
| ||||||
24 | All liens arising under the terms of this subsection (b) | ||||||
25 | shall be
assignable. The assignee of the lien shall have the | ||||||
26 | same power to
enforce the lien as the assigning party, except |
| |||||||
| |||||||
1 | that the lien may not be
enforced under subsection (c).
| ||||||
2 | (c) In any case where a municipality has obtained a lien | ||||||
3 | under
subsection (a), (b), or (f), the municipality may enforce | ||||||
4 | the
lien
under
this subsection (c) in the same proceeding in | ||||||
5 | which the lien is authorized.
| ||||||
6 | A municipality desiring to enforce a lien under this | ||||||
7 | subsection (c) shall
petition the court to retain jurisdiction | ||||||
8 | for foreclosure proceedings under
this subsection. Notice of | ||||||
9 | the petition shall be served, by certified or
registered mail, | ||||||
10 | on all persons who were served notice under subsection
(a), | ||||||
11 | (b), or (f). The court shall conduct a hearing on the petition | ||||||
12 | not
less than 15
days after the notice is served. If the court | ||||||
13 | determines that the
requirements of this subsection (c) have | ||||||
14 | been satisfied, it shall grant the
petition and retain | ||||||
15 | jurisdiction over the matter until the foreclosure
proceeding | ||||||
16 | is completed. The costs of foreclosure incurred by the
| ||||||
17 | municipality, including court costs, reasonable attorneys' | ||||||
18 | fees, advances
to preserve the property, and other costs | ||||||
19 | related to the enforcement of
this subsection, plus statutory | ||||||
20 | interest, are a lien on the real estate and
are recoverable by | ||||||
21 | the municipality from the owner or owners of the real
estate. | ||||||
22 | If the court denies the petition, the municipality may enforce | ||||||
23 | the
lien in a separate action as provided in subsection (a), | ||||||
24 | (b), or
(f).
| ||||||
25 | All persons designated in Section 15-1501 of the Code of | ||||||
26 | Civil Procedure
as necessary parties in a mortgage foreclosure |
| |||||||
| |||||||
1 | action shall be joined as
parties before issuance of an order | ||||||
2 | of foreclosure. Persons designated
in Section 15-1501 of the | ||||||
3 | Code of Civil Procedure as permissible parties
may also be | ||||||
4 | joined as parties in the action.
| ||||||
5 | The provisions of Article XV of the Code of Civil Procedure | ||||||
6 | applicable to
mortgage foreclosures shall apply to the | ||||||
7 | foreclosure of a lien under
this subsection (c), except to the | ||||||
8 | extent that those provisions are
inconsistent with this | ||||||
9 | subsection. For purposes of foreclosures
of liens under this | ||||||
10 | subsection, however, the redemption period described in
| ||||||
11 | subsection (b) of Section 15-1603 of the Code of Civil | ||||||
12 | Procedure shall end
60 days after the date of entry of the | ||||||
13 | order of foreclosure.
| ||||||
14 | (d) In addition to any other remedy provided by law, the | ||||||
15 | corporate
authorities of any municipality may petition the | ||||||
16 | circuit court to have
property declared abandoned under this | ||||||
17 | subsection (d) if:
| ||||||
18 | (1) the property has been tax delinquent for 2 or more | ||||||
19 | years or bills
for water service for the property have been | ||||||
20 | outstanding for 2 or more years;
| ||||||
21 | (2) the property is unoccupied by persons legally in | ||||||
22 | possession; and
| ||||||
23 | (3) the property contains a dangerous or unsafe | ||||||
24 | building.
| ||||||
25 | All persons having an interest of record in the property, | ||||||
26 | including tax
purchasers and beneficial owners of any Illinois |
| |||||||
| |||||||
1 | land trust having title to
the property, shall be named as | ||||||
2 | defendants in the petition and shall be
served with process. In | ||||||
3 | addition, service shall be had under Section
2-206 of the Code | ||||||
4 | of Civil Procedure as in other cases affecting property.
| ||||||
5 | The municipality, however, may proceed under this | ||||||
6 | subsection in a
proceeding brought under subsection (a) or (b). | ||||||
7 | Notice of the petition
shall be served by certified or | ||||||
8 | registered mail on all persons who were
served notice under | ||||||
9 | subsection (a) or (b).
| ||||||
10 | If the municipality proves that the conditions described in | ||||||
11 | this
subsection exist and the owner of record of the property | ||||||
12 | does not enter
an appearance in the action, or, if title to the | ||||||
13 | property is held by an
Illinois land trust, if neither the | ||||||
14 | owner of record nor the owner of the
beneficial interest of the | ||||||
15 | trust enters an appearance, the court
shall declare the | ||||||
16 | property abandoned.
| ||||||
17 | If that determination is made, notice shall be sent by | ||||||
18 | certified or
registered mail to all persons having an interest | ||||||
19 | of record in the
property, including tax purchasers and | ||||||
20 | beneficial owners of any Illinois
land trust having title to | ||||||
21 | the property, stating that title to the
property will be | ||||||
22 | transferred to the municipality unless, within 30 days of
the | ||||||
23 | notice, the owner of record enters an appearance in the action, | ||||||
24 | or
unless any other person having an interest in the property | ||||||
25 | files with the
court a request to demolish the dangerous or | ||||||
26 | unsafe building or to put the
building in safe condition.
|
| |||||||
| |||||||
1 | If the owner of record enters an appearance in the action | ||||||
2 | within the 30
day period, the court shall vacate its order | ||||||
3 | declaring the property
abandoned. In that case, the | ||||||
4 | municipality may amend its complaint in order
to initiate | ||||||
5 | proceedings under subsection (a).
| ||||||
6 | If a request to demolish or repair the building is filed | ||||||
7 | within the 30
day period, the court shall grant permission to | ||||||
8 | the requesting party to
demolish the building within 30 days or | ||||||
9 | to restore the building to safe
condition within 60 days after | ||||||
10 | the request is granted. An extension of
that period for up to | ||||||
11 | 60 additional days may be given for good cause. If
more than | ||||||
12 | one person with an interest in the property files a timely
| ||||||
13 | request, preference shall be given to the person with the lien | ||||||
14 | or other
interest of the highest priority.
| ||||||
15 | If the requesting party proves to the court that the | ||||||
16 | building has been
demolished or put in a safe condition within | ||||||
17 | the period of time granted by
the court, the court shall issue | ||||||
18 | a quitclaim judicial deed for the
property to the requesting | ||||||
19 | party, conveying only the interest of the owner
of record, upon | ||||||
20 | proof of payment to the municipality of all costs incurred
by | ||||||
21 | the municipality in connection with the action, including but | ||||||
22 | not
limited to court costs, attorney's fees, administrative | ||||||
23 | costs, the
costs, if any, associated with building enclosure or | ||||||
24 | removal, and receiver's
certificates. The interest in the | ||||||
25 | property so conveyed shall be subject to
all liens and | ||||||
26 | encumbrances on the property. In addition, if the interest is
|
| |||||||
| |||||||
1 | conveyed to a person holding a certificate of purchase for the | ||||||
2 | property
under the Property Tax Code, the conveyance shall
be | ||||||
3 | subject to the rights of redemption of all persons entitled to | ||||||
4 | redeem under
that Act, including the original owner of record.
| ||||||
5 | If no person with an interest in the property files a | ||||||
6 | timely request or
if the requesting party fails to demolish the | ||||||
7 | building or put the building
in safe condition within the time | ||||||
8 | specified by the court, the municipality
may petition the court | ||||||
9 | to issue a judicial deed for the property to the
municipality. | ||||||
10 | A conveyance by judicial deed shall operate to extinguish
all | ||||||
11 | existing ownership interests in, liens on, and other interest | ||||||
12 | in the
property, including tax liens, and shall extinguish the | ||||||
13 | rights and
interests of any and all holders of a bona fide | ||||||
14 | certificate of purchase of the
property for delinquent taxes. | ||||||
15 | Any such bona fide certificate of purchase
holder shall be
| ||||||
16 | entitled to a sale in error as prescribed under Section 21-310 | ||||||
17 | of the Property
Tax Code.
| ||||||
18 | (e) Each municipality may use the provisions of this | ||||||
19 | subsection to expedite
the removal
of certain buildings that | ||||||
20 | are a continuing hazard to the community in which
they are | ||||||
21 | located.
| ||||||
22 | If a residential or commercial building is 3 stories or | ||||||
23 | less in height as
defined by the
municipality's building code, | ||||||
24 | and the corporate official designated to be
in charge of | ||||||
25 | enforcing the municipality's building code determines that the
| ||||||
26 | building is open and vacant and an immediate and continuing |
| |||||||
| |||||||
1 | hazard to the
community in which the building is located, then | ||||||
2 | the official shall be
authorized to post a notice not less than | ||||||
3 | 2 feet by 2 feet in size on the
front of the building. The | ||||||
4 | notice shall be dated as of the date of the
posting and shall | ||||||
5 | state that unless the building is demolished, repaired,
or | ||||||
6 | enclosed, and unless any garbage, debris, and other hazardous, | ||||||
7 | noxious,
or unhealthy substances or materials are removed so | ||||||
8 | that an immediate and
continuing hazard to the community no | ||||||
9 | longer exists, then the building may
be demolished, repaired, | ||||||
10 | or enclosed, or any garbage, debris, and other
hazardous, | ||||||
11 | noxious, or unhealthy substances or materials may be removed, | ||||||
12 | by
the municipality.
| ||||||
13 | Not later than 30 days following the posting of the notice, | ||||||
14 | the
municipality shall do all of the following:
| ||||||
15 | (1) Cause to be sent, by certified mail, return receipt | ||||||
16 | requested,
a Notice to Remediate to all owners of
record of | ||||||
17 | the property, the beneficial owners of any Illinois land | ||||||
18 | trust
having title to the property, and all lienholders of | ||||||
19 | record in the property,
stating the intent of the | ||||||
20 | municipality to demolish,
repair, or enclose the building | ||||||
21 | or remove any garbage, debris, or other
hazardous, noxious, | ||||||
22 | or unhealthy substances or materials if that action is
not | ||||||
23 | taken by the owner or owners.
| ||||||
24 | (2) Cause to be published, in a newspaper published or | ||||||
25 | circulated in the
municipality where the building is | ||||||
26 | located, a notice setting forth (i)
the permanent tax index |
| |||||||
| |||||||
1 | number and the address of the building, (ii) a
statement | ||||||
2 | that the property is open and vacant and constitutes an | ||||||
3 | immediate and
continuing hazard to the community, and (iii) | ||||||
4 | a statement that the municipality
intends to demolish, | ||||||
5 | repair, or enclose the building or remove any garbage,
| ||||||
6 | debris, or other hazardous, noxious, or unhealthy | ||||||
7 | substances or materials if
the owner or owners or | ||||||
8 | lienholders of record fail to do so. This notice shall
be | ||||||
9 | published for 3 consecutive days.
| ||||||
10 | (3) Cause to be recorded the Notice to Remediate mailed | ||||||
11 | under paragraph
(1) in
the office of the recorder in the | ||||||
12 | county in which the real estate is located or
in the
office | ||||||
13 | of the registrar of titles of the county if the real estate | ||||||
14 | is
registered under the
Registered Title (Torrens) Act.
| ||||||
15 | Any person or persons with a current legal or equitable | ||||||
16 | interest in the
property objecting to the proposed actions of | ||||||
17 | the corporate authorities may
file his or her objection in an | ||||||
18 | appropriate form in a court of competent
jurisdiction.
| ||||||
19 | If the building is not demolished, repaired, or enclosed, | ||||||
20 | or the garbage,
debris, or other hazardous, noxious, or | ||||||
21 | unhealthy substances or materials are
not removed, within 30 | ||||||
22 | days of mailing the notice to the owners of record,
the | ||||||
23 | beneficial owners of any Illinois land trust having title to | ||||||
24 | the
property, and all lienholders of record in the property, or
| ||||||
25 | within 30 days of the last day of publication of the notice, | ||||||
26 | whichever is
later, the corporate authorities shall have the |
| |||||||
| |||||||
1 | power to demolish, repair, or
enclose the building or to remove | ||||||
2 | any garbage, debris, or other hazardous,
noxious, or unhealthy | ||||||
3 | substances or materials.
| ||||||
4 | The municipality may proceed to demolish, repair, or | ||||||
5 | enclose a building
or remove any garbage, debris, or other | ||||||
6 | hazardous, noxious, or unhealthy
substances or materials under | ||||||
7 | this subsection within a 120-day period
following the date of | ||||||
8 | the mailing of the notice if the appropriate official
| ||||||
9 | determines that the demolition, repair, enclosure, or removal | ||||||
10 | of any garbage,
debris, or other hazardous, noxious, or | ||||||
11 | unhealthy substances or materials is
necessary to remedy the | ||||||
12 | immediate and continuing hazard. If, however, before
the | ||||||
13 | municipality proceeds with any of the actions authorized by | ||||||
14 | this
subsection, any person with a legal or equitable interest | ||||||
15 | in the property has
sought a hearing under this subsection | ||||||
16 | before a
court and has served a copy of the complaint on the | ||||||
17 | chief executive officer of
the municipality, then the | ||||||
18 | municipality shall not proceed with the demolition,
repair, | ||||||
19 | enclosure, or removal of garbage, debris, or other substances | ||||||
20 | until the
court determines that that action is necessary to | ||||||
21 | remedy the hazard and issues
an order authorizing the | ||||||
22 | municipality to do so.
If the court dismisses the action for | ||||||
23 | want of prosecution, the municipality
must send the objector a | ||||||
24 | copy of the dismissal
order and a letter stating that the | ||||||
25 | demolition, repair, enclosure, or
removal of garbage, debris, | ||||||
26 | or other substances will proceed unless, within 30
days after |
| |||||||
| |||||||
1 | the copy of the order and the letter are mailed, the
objector
| ||||||
2 | moves to vacate the dismissal and serves a
copy of the
motion | ||||||
3 | on the chief executive officer of the municipality. | ||||||
4 | Notwithstanding
any other law to the contrary, if the objector | ||||||
5 | does not file a motion and give
the required notice, if the | ||||||
6 | motion is denied by the court, or if the action is
again | ||||||
7 | dismissed for want of prosecution, then the dismissal is with | ||||||
8 | prejudice
and the demolition, repair, enclosure, or removal may | ||||||
9 | proceed forthwith.
| ||||||
10 | Following the demolition, repair, or enclosure of a | ||||||
11 | building, or the
removal of garbage, debris, or other | ||||||
12 | hazardous, noxious, or unhealthy
substances or materials under | ||||||
13 | this subsection, the municipality may file a
notice of lien | ||||||
14 | against the real estate for the cost of the demolition,
repair, | ||||||
15 | enclosure, or removal within 180 days after the repair, | ||||||
16 | demolition,
enclosure, or removal occurred, for the cost and | ||||||
17 | expense incurred, in the
office of the recorder in the county | ||||||
18 | in which the real estate is located or
in the office of the | ||||||
19 | registrar of titles of the county if the real estate
affected | ||||||
20 | is registered under the Registered Titles (Torrens) Act; this
| ||||||
21 | lien has priority over the interests of those parties named in | ||||||
22 | the
Notice to
Remediate mailed under paragraph (1), but not | ||||||
23 | over the interests of third party
purchasers
or encumbrancers | ||||||
24 | for value who obtained their interests in the property before
| ||||||
25 | obtaining
actual or constructive notice of the lien.
The
notice | ||||||
26 | of lien shall consist of a sworn statement setting forth (i) a
|
| |||||||
| |||||||
1 | description of the real estate, such as the address or other | ||||||
2 | description of
the property, sufficient for its | ||||||
3 | identification; (ii) the expenses incurred
by the municipality | ||||||
4 | in undertaking the remedial actions authorized under
this | ||||||
5 | subsection; (iii) the date or dates the expenses were incurred | ||||||
6 | by
the municipality; (iv) a statement by the corporate official
| ||||||
7 | responsible for enforcing the building code that the building | ||||||
8 | was open and
vacant and constituted an immediate and continuing | ||||||
9 | hazard
to the community; (v) a statement by the corporate | ||||||
10 | official that the
required sign was posted on the building, | ||||||
11 | that notice was sent by certified
mail to the owners of record, | ||||||
12 | and that notice was published in accordance
with this | ||||||
13 | subsection; and (vi) a statement as to when and where the | ||||||
14 | notice
was published. The lien authorized by this subsection | ||||||
15 | may thereafter be
released or enforced by the municipality as | ||||||
16 | provided in subsection (a).
| ||||||
17 | (f) The corporate authorities of each municipality may | ||||||
18 | remove or cause the
removal of, or otherwise environmentally | ||||||
19 | remediate hazardous substances and
petroleum products on, in,
| ||||||
20 | or under any abandoned and unsafe property within the territory | ||||||
21 | of a
municipality. In addition, where preliminary evidence | ||||||
22 | indicates the presence
or likely presence of a hazardous | ||||||
23 | substance or a petroleum product or a release
or a substantial
| ||||||
24 | threat of a release of a hazardous substance or a petroleum | ||||||
25 | product on, in, or
under the property, the
corporate | ||||||
26 | authorities of the municipality may inspect the property and |
| |||||||
| |||||||
1 | test for
the presence or release of hazardous substances and | ||||||
2 | petroleum products. In any
county having adopted
by referendum | ||||||
3 | or otherwise a county health department as provided by Division
| ||||||
4 | 5-25 of the Counties Code or its predecessor, the county board | ||||||
5 | of that county
may exercise the above-described powers with | ||||||
6 | regard to property within the
territory of any city, village, | ||||||
7 | or incorporated town having less than 50,000
population.
| ||||||
8 | For purposes of this subsection (f):
| ||||||
9 | (1) "property" or "real estate" means all real | ||||||
10 | property, whether or
not improved by a structure;
| ||||||
11 | (2) "abandoned" means;
| ||||||
12 | (A) the property has been tax delinquent for 2 or | ||||||
13 | more years;
| ||||||
14 | (B) the property is unoccupied by persons legally | ||||||
15 | in possession; and
| ||||||
16 | (3) "unsafe" means property that presents an actual or | ||||||
17 | imminent
threat to public health and safety caused by
the | ||||||
18 | release of hazardous substances; and
| ||||||
19 | (4) "hazardous substances" means the same as in Section | ||||||
20 | 3.215 of the
Environmental Protection Act.
| ||||||
21 | The corporate authorities shall apply to the circuit court | ||||||
22 | of the county in
which the property is located (i) for an order | ||||||
23 | allowing the municipality to
enter the property and inspect and | ||||||
24 | test substances on, in, or under
the property; or (ii) for an | ||||||
25 | order authorizing the
corporate authorities to take action with | ||||||
26 | respect to remediation of the
property if conditions on the |
| |||||||
| |||||||
1 | property, based on the inspection and testing
authorized in | ||||||
2 | paragraph (i), indicate the presence of hazardous substances or
| ||||||
3 | petroleum products.
Remediation shall be deemed
complete for | ||||||
4 | purposes of
paragraph (ii) above when the property satisfies | ||||||
5 | Tier
I,
II, or
III
remediation objectives for the property's | ||||||
6 | most recent usage, as established by
the Environmental | ||||||
7 | Protection Act, and the rules and regulations promulgated
| ||||||
8 | thereunder. Where, upon diligent search, the identity or | ||||||
9 | whereabouts of the
owner or owners of the property, including | ||||||
10 | the lien holders of record, is not
ascertainable, notice mailed | ||||||
11 | to the person or persons in whose name the real
estate was last | ||||||
12 | assessed is sufficient notice under this Section.
| ||||||
13 | The court shall grant an order authorizing testing under | ||||||
14 | paragraph (i) above
upon a
showing of preliminary evidence | ||||||
15 | indicating the presence or likely presence of a
hazardous | ||||||
16 | substance or a petroleum product or a release of
or a | ||||||
17 | substantial threat of a release of a hazardous substance or a | ||||||
18 | petroleum
product on, in, or under
abandoned property. The | ||||||
19 | preliminary evidence may include, but is not limited
to, | ||||||
20 | evidence of prior use, visual site inspection, or records of | ||||||
21 | prior
environmental investigations. The testing authorized by | ||||||
22 | paragraph (i) above
shall include any type of investigation | ||||||
23 | which is necessary for an environmental
professional to | ||||||
24 | determine the environmental condition of the property,
| ||||||
25 | including but not limited to performance of soil borings and | ||||||
26 | groundwater
monitoring. The court shall grant a remediation |
| |||||||
| |||||||
1 | order under paragraph (ii)
above where testing of the property | ||||||
2 | indicates that it fails to meet the
applicable remediation | ||||||
3 | objectives. The hearing upon the application to the
circuit | ||||||
4 | court shall be expedited by the court and shall be given | ||||||
5 | precedence
over
all other suits.
| ||||||
6 | The cost of the inspection, testing, or remediation | ||||||
7 | incurred by the
municipality or by a lien holder of record, | ||||||
8 | including court costs, attorney's
fees, and other costs related | ||||||
9 | to the enforcement of this Section,
is a lien on the real | ||||||
10 | estate; except that in any instances where a
municipality
| ||||||
11 | incurs costs
of inspection and testing but finds no hazardous | ||||||
12 | substances or petroleum
products on the property
that present | ||||||
13 | an actual or imminent
threat to public health and safety, such | ||||||
14 | costs are not recoverable from the
owners nor are such costs a | ||||||
15 | lien on the real estate. The lien is superior to
all prior | ||||||
16 | existing liens and encumbrances, except taxes and any lien | ||||||
17 | obtained
under subsection (a) or (e), if, within 180 days after | ||||||
18 | the completion of the
inspection, testing, or remediation, the | ||||||
19 | municipality or the lien holder of
record who
incurred the cost | ||||||
20 | and expense shall file a notice of lien for the cost and
| ||||||
21 | expense incurred in the office of the recorder in the county in | ||||||
22 | which the real
estate is located or in the office of the | ||||||
23 | registrar of titles of the county if
the real estate affected | ||||||
24 | is registered under the Registered Titles (Torrens)
Act.
| ||||||
25 | The notice must consist of a sworn statement setting out | ||||||
26 | (i) a description of
the real estate sufficient for its |
| |||||||
| |||||||
1 | identification, (ii) the amount of money
representing the cost | ||||||
2 | and expense incurred, and (iii) the date or dates when
the
cost | ||||||
3 | and expense was incurred by the municipality or the lien holder | ||||||
4 | of record.
Upon payment of the lien amount by the owner of or | ||||||
5 | persons interested in the
property after the notice of lien has | ||||||
6 | been filed, a release of lien shall be
issued by the | ||||||
7 | municipality, the person in whose name the lien has been filed,
| ||||||
8 | or the assignee of the lien, and the release may be filed of | ||||||
9 | record as in the
case of filing notice of lien.
| ||||||
10 | The lien may be enforced under subsection (c) or by | ||||||
11 | foreclosure proceedings
as
in the case of mortgage foreclosures | ||||||
12 | under Article XV of the Code of Civil
Procedure or mechanics' | ||||||
13 | lien foreclosures; provided that where the lien is
enforced by | ||||||
14 | foreclosure under subsection (c) or under either statute, the
| ||||||
15 | municipality may
not proceed against the other assets of the | ||||||
16 | owner or owners of the real estate
for any costs that otherwise | ||||||
17 | would be recoverable under this Section but that
remain | ||||||
18 | unsatisfied after foreclosure except where such additional | ||||||
19 | recovery is
authorized by separate environmental laws. An | ||||||
20 | action to foreclose this lien
may be commenced at any time | ||||||
21 | after the date of filing of the notice of lien.
The costs of | ||||||
22 | foreclosure incurred by the municipality, including court | ||||||
23 | costs,
reasonable attorney's fees, advances to preserve the | ||||||
24 | property, and other costs
related to the enforcement of this | ||||||
25 | subsection, plus statutory interest, are a
lien on the real | ||||||
26 | estate.
|
| |||||||
| |||||||
1 | All liens arising under this subsection (f) shall be | ||||||
2 | assignable. The
assignee of the lien shall have the same power | ||||||
3 | to enforce the lien as the
assigning party, except that the | ||||||
4 | lien may not be enforced under subsection
(c).
| ||||||
5 | (g) In any case where a municipality has obtained a lien | ||||||
6 | under subsection
(a), the municipality may also bring an action | ||||||
7 | for a money judgment against the
owner or owners of the real | ||||||
8 | estate in the amount of the lien in the same manner
as provided | ||||||
9 | for bringing causes of action in Article II of the Code of | ||||||
10 | Civil
Procedure and, upon obtaining a judgment, file a judgment | ||||||
11 | lien against all of
the real estate of the owner or owners and | ||||||
12 | enforce that lien as provided for in
Article XII of the Code of | ||||||
13 | Civil Procedure.
| ||||||
14 | (Source: P.A. 91-162, eff. 7-16-99; 91-177, eff. 1-1-00; | ||||||
15 | 91-357, eff.
7-29-99; 91-542, eff. 1-1-00; 91-561, eff. 1-1-00; | ||||||
16 | 92-16, eff. 6-28-01;
92-574, eff. 6-26-02; 92-681, eff. 1-1-03; | ||||||
17 | revised 2-18-03.)
| ||||||
18 | (65 ILCS 5/11-74.4-3) (from Ch. 24, par. 11-74.4-3)
| ||||||
19 | Sec. 11-74.4-3. Definitions. The following terms, wherever | ||||||
20 | used or
referred to in this Division 74.4 shall have the | ||||||
21 | following respective meanings,
unless in any case a different | ||||||
22 | meaning clearly appears from the context.
| ||||||
23 | (a) For any redevelopment project area that has been | ||||||
24 | designated pursuant
to this
Section by an ordinance adopted | ||||||
25 | prior to November 1, 1999 (the effective
date of Public Act
|
| |||||||
| |||||||
1 | 91-478), "blighted area" shall have the meaning set
forth in | ||||||
2 | this Section
prior to that date.
| ||||||
3 | On and after November 1, 1999,
"blighted area" means any | ||||||
4 | improved or vacant area within the boundaries
of a | ||||||
5 | redevelopment project area located within the territorial | ||||||
6 | limits of
the municipality where:
| ||||||
7 | (1) If improved, industrial, commercial, and | ||||||
8 | residential buildings or
improvements are detrimental to | ||||||
9 | the public safety, health, or welfare
because of a | ||||||
10 | combination of 5 or more of the following factors, each of | ||||||
11 | which
is (i) present, with that presence documented, to a | ||||||
12 | meaningful extent so
that a municipality may reasonably | ||||||
13 | find that the factor is clearly
present within the intent | ||||||
14 | of the Act and (ii) reasonably distributed throughout
the | ||||||
15 | improved part of the redevelopment project area:
| ||||||
16 | (A) Dilapidation. An advanced state of disrepair | ||||||
17 | or neglect of
necessary
repairs to the primary | ||||||
18 | structural components of buildings or improvements in
| ||||||
19 | such a combination that a documented building | ||||||
20 | condition analysis determines
that major repair is | ||||||
21 | required or the defects are so serious and so extensive
| ||||||
22 | that the buildings must be removed.
| ||||||
23 | (B) Obsolescence. The condition or process of | ||||||
24 | falling into disuse.
Structures have become ill-suited | ||||||
25 | for the original use.
| ||||||
26 | (C) Deterioration. With respect to buildings, |
| |||||||
| |||||||
1 | defects
including, but not limited to, major defects in
| ||||||
2 | the secondary building components such as doors, | ||||||
3 | windows, porches, gutters and
downspouts, and fascia. | ||||||
4 | With respect to surface improvements, that the
| ||||||
5 | condition of roadways, alleys, curbs, gutters, | ||||||
6 | sidewalks, off-street parking,
and surface storage | ||||||
7 | areas evidence deterioration, including, but not | ||||||
8 | limited
to, surface cracking, crumbling, potholes, | ||||||
9 | depressions, loose paving material,
and weeds | ||||||
10 | protruding through paved surfaces.
| ||||||
11 | (D) Presence of structures below minimum code | ||||||
12 | standards. All structures
that do not meet the | ||||||
13 | standards of zoning, subdivision, building, fire, and
| ||||||
14 | other governmental codes applicable to property, but | ||||||
15 | not including housing and
property maintenance codes.
| ||||||
16 | (E) Illegal use of individual structures. The use | ||||||
17 | of structures in
violation of applicable federal, | ||||||
18 | State, or local laws, exclusive of those
applicable to | ||||||
19 | the presence of structures below minimum code | ||||||
20 | standards.
| ||||||
21 | (F) Excessive vacancies. The presence of
buildings | ||||||
22 | that are unoccupied or under-utilized and that | ||||||
23 | represent an adverse
influence on the area because of | ||||||
24 | the frequency, extent, or duration of the
vacancies.
| ||||||
25 | (G) Lack of ventilation, light, or sanitary | ||||||
26 | facilities. The absence of
adequate ventilation for |
| |||||||
| |||||||
1 | light or air circulation in spaces or rooms without
| ||||||
2 | windows, or that require the removal of dust, odor, | ||||||
3 | gas, smoke, or other
noxious airborne materials. | ||||||
4 | Inadequate natural light and ventilation means
the | ||||||
5 | absence of skylights or windows for interior spaces or | ||||||
6 | rooms and improper
window sizes and amounts by room | ||||||
7 | area to window area ratios. Inadequate
sanitary | ||||||
8 | facilities refers to the absence or inadequacy of | ||||||
9 | garbage storage and
enclosure,
bathroom facilities, | ||||||
10 | hot water and kitchens, and structural inadequacies
| ||||||
11 | preventing ingress and egress to and from all rooms and | ||||||
12 | units within a
building.
| ||||||
13 | (H) Inadequate utilities. Underground and overhead | ||||||
14 | utilities
such as storm sewers and storm drainage, | ||||||
15 | sanitary sewers, water lines, and
gas, telephone, and
| ||||||
16 | electrical services that are shown to be inadequate. | ||||||
17 | Inadequate utilities are
those that are: (i) of | ||||||
18 | insufficient capacity to serve the uses in the
| ||||||
19 | redevelopment project area, (ii) deteriorated,
| ||||||
20 | antiquated, obsolete, or in disrepair, or (iii) | ||||||
21 | lacking within the
redevelopment project area.
| ||||||
22 | (I) Excessive land coverage and overcrowding of | ||||||
23 | structures and community
facilities. The | ||||||
24 | over-intensive use of property and the crowding of | ||||||
25 | buildings
and accessory facilities onto a site. | ||||||
26 | Examples of problem conditions
warranting the |
| |||||||
| |||||||
1 | designation of an area as one exhibiting excessive land | ||||||
2 | coverage
are: (i) the presence of buildings either | ||||||
3 | improperly situated on parcels or
located
on parcels of | ||||||
4 | inadequate size and shape in relation to present-day | ||||||
5 | standards of
development for health and safety and (ii) | ||||||
6 | the presence of multiple buildings
on a
single parcel. | ||||||
7 | For there to be a finding of excessive land coverage,
| ||||||
8 | these parcels must exhibit one or more of the following | ||||||
9 | conditions:
insufficient provision for
light and air | ||||||
10 | within or around buildings, increased threat of spread | ||||||
11 | of fire
due to the close proximity of buildings, lack | ||||||
12 | of adequate or proper access to a
public right-of-way, | ||||||
13 | lack of reasonably required off-street parking, or
| ||||||
14 | inadequate provision for loading and service.
| ||||||
15 | (J) Deleterious land use or layout. The existence | ||||||
16 | of incompatible
land-use
relationships, buildings | ||||||
17 | occupied by inappropriate mixed-uses, or uses
| ||||||
18 | considered to be noxious, offensive, or unsuitable for | ||||||
19 | the
surrounding area.
| ||||||
20 | (K) Environmental clean-up. The proposed | ||||||
21 | redevelopment project area
has incurred Illinois | ||||||
22 | Environmental Protection Agency or United States
| ||||||
23 | Environmental Protection Agency remediation costs for, | ||||||
24 | or a study conducted by
an independent consultant | ||||||
25 | recognized as having expertise in environmental
| ||||||
26 | remediation has determined a need for, the
clean-up of |
| |||||||
| |||||||
1 | hazardous
waste, hazardous substances, or underground | ||||||
2 | storage tanks required by State or
federal law, | ||||||
3 | provided that the remediation costs constitute a | ||||||
4 | material
impediment to the development or | ||||||
5 | redevelopment of the redevelopment project
area.
| ||||||
6 | (L) Lack of community planning. The proposed | ||||||
7 | redevelopment project area
was
developed prior to or | ||||||
8 | without the benefit or guidance of a community plan.
| ||||||
9 | This means that the development occurred prior to the | ||||||
10 | adoption by the
municipality of a comprehensive or | ||||||
11 | other community plan or that the plan was
not followed | ||||||
12 | at the time of the area's development. This factor must | ||||||
13 | be
documented by evidence of adverse or incompatible | ||||||
14 | land-use relationships,
inadequate street layout, | ||||||
15 | improper subdivision, parcels of inadequate shape and
| ||||||
16 | size to meet contemporary development standards, or | ||||||
17 | other evidence
demonstrating
an absence of effective | ||||||
18 | community planning.
| ||||||
19 | (M) The total equalized assessed value of the | ||||||
20 | proposed redevelopment
project area has declined for 3 | ||||||
21 | of the last 5 calendar years
prior to the year in which | ||||||
22 | the redevelopment project area is designated
or is | ||||||
23 | increasing at an
annual rate that is less
than the | ||||||
24 | balance of the municipality for 3 of the last 5 | ||||||
25 | calendar years
for which
information is available or is | ||||||
26 | increasing at an annual rate that is less than
the |
| |||||||
| |||||||
1 | Consumer Price Index
for All Urban Consumers published | ||||||
2 | by the United States Department of Labor or
successor | ||||||
3 | agency for 3 of the last 5 calendar years
prior to the | ||||||
4 | year in which the redevelopment project area is | ||||||
5 | designated.
| ||||||
6 | (2) If vacant, the sound growth of the redevelopment | ||||||
7 | project area
is impaired by a
combination of 2 or more of | ||||||
8 | the following factors, each of which
is (i) present, with | ||||||
9 | that presence documented, to a meaningful extent so
that
a | ||||||
10 | municipality may reasonably find that the factor is clearly | ||||||
11 | present
within the intent of the Act and (ii) reasonably | ||||||
12 | distributed throughout the
vacant part of the
| ||||||
13 | redevelopment project area to which it pertains:
| ||||||
14 | (A) Obsolete platting of vacant land that results | ||||||
15 | in parcels of
limited or
narrow size or configurations | ||||||
16 | of parcels of irregular size or shape that would
be | ||||||
17 | difficult to develop on
a planned basis and in a manner | ||||||
18 | compatible with contemporary standards and
| ||||||
19 | requirements, or platting that failed to create | ||||||
20 | rights-of-ways for streets or
alleys or that created | ||||||
21 | inadequate right-of-way widths for streets, alleys, or
| ||||||
22 | other public rights-of-way or that omitted easements | ||||||
23 | for public utilities.
| ||||||
24 | (B) Diversity of ownership of parcels of vacant | ||||||
25 | land sufficient in
number to
retard or impede the | ||||||
26 | ability to assemble the land for development.
|
| |||||||
| |||||||
1 | (C) Tax and special assessment delinquencies exist | ||||||
2 | or the property has
been the subject of tax sales under | ||||||
3 | the Property Tax Code within the last 5
years.
| ||||||
4 | (D) Deterioration of structures or site | ||||||
5 | improvements in neighboring
areas adjacent to the | ||||||
6 | vacant land.
| ||||||
7 | (E) The area has incurred Illinois Environmental | ||||||
8 | Protection Agency or
United States Environmental | ||||||
9 | Protection Agency remediation costs for, or a study
| ||||||
10 | conducted by an independent consultant recognized as | ||||||
11 | having expertise in
environmental remediation has | ||||||
12 | determined a need for, the
clean-up of hazardous
waste, | ||||||
13 | hazardous substances, or underground storage tanks | ||||||
14 | required by State or
federal law, provided that the | ||||||
15 | remediation costs
constitute a material impediment to | ||||||
16 | the development or redevelopment of
the
redevelopment | ||||||
17 | project area.
| ||||||
18 | (F) The total equalized assessed value of the | ||||||
19 | proposed redevelopment
project area has declined for 3 | ||||||
20 | of the last 5 calendar years
prior to the year in which | ||||||
21 | the redevelopment project area is designated
or is | ||||||
22 | increasing at an
annual rate that is less
than the | ||||||
23 | balance of the municipality for 3 of the last 5 | ||||||
24 | calendar years for
which information is available or is | ||||||
25 | increasing at an annual rate that is less
than
the | ||||||
26 | Consumer Price Index
for All Urban Consumers published |
| |||||||
| |||||||
1 | by the United States Department of Labor or
successor | ||||||
2 | agency for 3 of the last 5 calendar years
prior to the | ||||||
3 | year in which the redevelopment project area is | ||||||
4 | designated.
| ||||||
5 | (3) If vacant, the sound growth of the redevelopment | ||||||
6 | project area is
impaired by one of the
following factors | ||||||
7 | that (i) is present, with that presence documented, to a
| ||||||
8 | meaningful extent so that a municipality may reasonably | ||||||
9 | find that the factor is
clearly
present within the intent | ||||||
10 | of the Act and (ii) is reasonably distributed
throughout | ||||||
11 | the vacant part of the
redevelopment project area to which | ||||||
12 | it pertains:
| ||||||
13 | (A) The area consists of one or more unused | ||||||
14 | quarries, mines, or strip
mine ponds.
| ||||||
15 | (B) The area consists of unused rail yards, rail | ||||||
16 | tracks, or railroad
rights-of-way.
| ||||||
17 | (C) The area, prior to its designation, is subject | ||||||
18 | to (i) chronic
flooding
that adversely impacts on real | ||||||
19 | property in the area as certified by a
registered
| ||||||
20 | professional engineer or appropriate regulatory agency | ||||||
21 | or (ii) surface water
that
discharges from all or a | ||||||
22 | part of the area and contributes to flooding within
the
| ||||||
23 | same watershed, but only if the redevelopment project | ||||||
24 | provides for facilities
or
improvements to contribute | ||||||
25 | to the alleviation of all or part of the
flooding.
| ||||||
26 | (D) The area consists of an unused or illegal |
| |||||||
| |||||||
1 | disposal site containing
earth,
stone, building | ||||||
2 | debris, or similar materials that were removed from
| ||||||
3 | construction, demolition, excavation, or dredge sites.
| ||||||
4 | (E) Prior to November 1, 1999, the area
is not less | ||||||
5 | than 50 nor more than 100 acres and 75%
of which is | ||||||
6 | vacant (notwithstanding that the area has been used
for | ||||||
7 | commercial agricultural purposes within 5 years prior | ||||||
8 | to the designation
of the redevelopment project area), | ||||||
9 | and the area meets at least one of
the factors itemized | ||||||
10 | in paragraph (1) of this subsection, the area
has been | ||||||
11 | designated as a town or village center by ordinance or | ||||||
12 | comprehensive
plan adopted prior to January 1, 1982, | ||||||
13 | and the area has not been developed
for that designated | ||||||
14 | purpose.
| ||||||
15 | (F) The area qualified as a blighted improved area | ||||||
16 | immediately prior to
becoming vacant, unless there has | ||||||
17 | been substantial private investment in the
immediately | ||||||
18 | surrounding area.
| ||||||
19 | (b) For any redevelopment project area that has been | ||||||
20 | designated pursuant
to this
Section by an ordinance adopted | ||||||
21 | prior to November 1, 1999 (the effective
date of Public Act
| ||||||
22 | 91-478), "conservation area" shall have the meaning
set forth | ||||||
23 | in this
Section prior to that date.
| ||||||
24 | On and after November 1, 1999,
"conservation area" means | ||||||
25 | any improved area within the boundaries
of a redevelopment | ||||||
26 | project area located within the territorial limits of
the |
| |||||||
| |||||||
1 | municipality in which 50% or more of the structures in the area | ||||||
2 | have
an age of 35 years or more.
Such an area is not yet a | ||||||
3 | blighted area but
because of a combination of 3 or more of the | ||||||
4 | following factors is detrimental
to the public safety, health, | ||||||
5 | morals
or welfare and such an area may become a blighted area:
| ||||||
6 | (1) Dilapidation. An advanced state of disrepair or | ||||||
7 | neglect of
necessary
repairs to the primary structural | ||||||
8 | components of buildings or improvements in
such a | ||||||
9 | combination that a documented building condition analysis | ||||||
10 | determines
that major repair is required or the defects are | ||||||
11 | so serious and so extensive
that the buildings must be | ||||||
12 | removed.
| ||||||
13 | (2) Obsolescence. The condition or process of falling | ||||||
14 | into disuse.
Structures have become ill-suited for the | ||||||
15 | original use.
| ||||||
16 | (3) Deterioration. With respect to buildings, defects
| ||||||
17 | including, but not limited to, major defects in
the | ||||||
18 | secondary building components such as doors, windows, | ||||||
19 | porches, gutters and
downspouts, and fascia. With respect | ||||||
20 | to surface improvements, that the
condition of roadways, | ||||||
21 | alleys, curbs, gutters, sidewalks, off-street parking,
and | ||||||
22 | surface storage areas evidence deterioration, including, | ||||||
23 | but not limited
to, surface cracking, crumbling, potholes, | ||||||
24 | depressions, loose paving material,
and weeds protruding | ||||||
25 | through paved surfaces.
| ||||||
26 | (4) Presence of structures below minimum code |
| |||||||
| |||||||
1 | standards. All structures
that do not meet the standards of | ||||||
2 | zoning, subdivision, building, fire, and
other | ||||||
3 | governmental codes applicable to property, but not | ||||||
4 | including housing and
property maintenance codes.
| ||||||
5 | (5) Illegal use of individual structures. The use of | ||||||
6 | structures in
violation of applicable federal, State, or | ||||||
7 | local laws, exclusive of those
applicable to the presence | ||||||
8 | of structures below minimum code standards.
| ||||||
9 | (6) Excessive vacancies. The presence of
buildings | ||||||
10 | that are unoccupied or under-utilized and that represent an | ||||||
11 | adverse
influence on the area because of the frequency, | ||||||
12 | extent, or duration of the
vacancies.
| ||||||
13 | (7) Lack of ventilation, light, or sanitary | ||||||
14 | facilities. The absence of
adequate ventilation for light | ||||||
15 | or air circulation in spaces or rooms without
windows, or | ||||||
16 | that require the removal of dust, odor, gas, smoke, or | ||||||
17 | other
noxious airborne materials. Inadequate natural light | ||||||
18 | and ventilation means
the absence or inadequacy of | ||||||
19 | skylights or windows for interior spaces or rooms
and | ||||||
20 | improper
window sizes and amounts by room area to window | ||||||
21 | area ratios. Inadequate
sanitary facilities refers to the | ||||||
22 | absence or inadequacy of garbage storage and
enclosure,
| ||||||
23 | bathroom facilities, hot water and kitchens, and | ||||||
24 | structural inadequacies
preventing ingress and egress to | ||||||
25 | and from all rooms and units within a
building.
| ||||||
26 | (8) Inadequate utilities. Underground and overhead |
| |||||||
| |||||||
1 | utilities
such as storm sewers and storm drainage, sanitary | ||||||
2 | sewers, water lines, and gas,
telephone, and
electrical | ||||||
3 | services that are shown to be inadequate. Inadequate | ||||||
4 | utilities are
those that are: (i) of insufficient capacity | ||||||
5 | to serve the uses in the
redevelopment project area, (ii) | ||||||
6 | deteriorated,
antiquated, obsolete, or in disrepair, or | ||||||
7 | (iii) lacking within the
redevelopment project area.
| ||||||
8 | (9) Excessive land coverage and overcrowding of | ||||||
9 | structures and community
facilities. The over-intensive | ||||||
10 | use of property and the crowding of buildings
and accessory | ||||||
11 | facilities onto a site. Examples of problem conditions
| ||||||
12 | warranting the designation of an area as one exhibiting | ||||||
13 | excessive land coverage
are: the presence of buildings | ||||||
14 | either improperly situated on parcels or located
on parcels | ||||||
15 | of inadequate size and shape in relation to present-day | ||||||
16 | standards of
development for health and safety and the | ||||||
17 | presence of multiple buildings on a
single parcel. For | ||||||
18 | there to be a finding of excessive land coverage,
these | ||||||
19 | parcels must exhibit one or more of the following | ||||||
20 | conditions:
insufficient provision for
light and air | ||||||
21 | within or around buildings, increased threat of spread of | ||||||
22 | fire
due to the close proximity of buildings, lack of | ||||||
23 | adequate or proper access to a
public right-of-way, lack of | ||||||
24 | reasonably required off-street parking, or
inadequate | ||||||
25 | provision for loading and service.
| ||||||
26 | (10) Deleterious land use or layout. The existence of |
| |||||||
| |||||||
1 | incompatible
land-use
relationships, buildings occupied by | ||||||
2 | inappropriate mixed-uses, or uses
considered to be | ||||||
3 | noxious, offensive, or unsuitable for the
surrounding | ||||||
4 | area.
| ||||||
5 | (11) Lack of community planning. The proposed | ||||||
6 | redevelopment project area
was
developed prior to or | ||||||
7 | without the benefit or guidance of a community plan.
This | ||||||
8 | means that the development occurred prior to the adoption | ||||||
9 | by the
municipality of a comprehensive or other community | ||||||
10 | plan or that the plan was
not followed at the time of the | ||||||
11 | area's development. This factor must be
documented by | ||||||
12 | evidence of adverse or incompatible land-use | ||||||
13 | relationships,
inadequate street layout, improper | ||||||
14 | subdivision, parcels of inadequate shape and
size to meet | ||||||
15 | contemporary development standards, or other evidence
| ||||||
16 | demonstrating
an absence of effective community planning.
| ||||||
17 | (12) The area has incurred Illinois Environmental | ||||||
18 | Protection Agency or
United
States Environmental | ||||||
19 | Protection Agency remediation costs for, or a study
| ||||||
20 | conducted by an independent consultant recognized as | ||||||
21 | having expertise in
environmental remediation has | ||||||
22 | determined a need for, the clean-up of hazardous
waste, | ||||||
23 | hazardous substances, or underground storage tanks | ||||||
24 | required by State
or federal law, provided that the | ||||||
25 | remediation costs constitute a material
impediment to the | ||||||
26 | development or redevelopment of the redevelopment project
|
| |||||||
| |||||||
1 | area.
| ||||||
2 | (13) The total equalized assessed value of the proposed | ||||||
3 | redevelopment
project area has declined for 3 of the last 5 | ||||||
4 | calendar years
for which information is
available or is | ||||||
5 | increasing at an annual rate that is less than the balance | ||||||
6 | of
the municipality for 3 of the last 5 calendar years for | ||||||
7 | which information is
available or is increasing at an | ||||||
8 | annual rate that is less
than the Consumer Price Index for | ||||||
9 | All Urban Consumers published by the United
States | ||||||
10 | Department of Labor or successor agency for 3 of the last 5 | ||||||
11 | calendar
years for which information is available.
| ||||||
12 | (c) "Industrial park" means an area in a blighted or | ||||||
13 | conservation
area suitable for use by any manufacturing, | ||||||
14 | industrial, research or
transportation enterprise, of | ||||||
15 | facilities to include but not be limited to
factories, mills, | ||||||
16 | processing plants, assembly plants, packing plants,
| ||||||
17 | fabricating plants, industrial distribution centers, | ||||||
18 | warehouses, repair
overhaul or service facilities, freight | ||||||
19 | terminals, research facilities,
test facilities or railroad | ||||||
20 | facilities.
| ||||||
21 | (d) "Industrial park conservation area" means an area | ||||||
22 | within the
boundaries of a redevelopment project area located | ||||||
23 | within the territorial
limits of a municipality that is a labor | ||||||
24 | surplus municipality or within 1
1/2 miles of the territorial | ||||||
25 | limits of a municipality that is a labor
surplus municipality | ||||||
26 | if the area is annexed to the municipality; which
area is zoned |
| |||||||
| |||||||
1 | as industrial no later than at the time the municipality by
| ||||||
2 | ordinance designates the redevelopment project area, and which | ||||||
3 | area
includes both vacant land suitable for use as an | ||||||
4 | industrial park and a
blighted area or conservation area | ||||||
5 | contiguous to such vacant land.
| ||||||
6 | (e) "Labor surplus municipality" means a municipality in | ||||||
7 | which, at any
time during the 6 months before the municipality | ||||||
8 | by ordinance designates
an industrial park conservation area, | ||||||
9 | the unemployment rate was over 6% and was
also 100% or more of | ||||||
10 | the national average unemployment rate for that same
time as | ||||||
11 | published in the United States Department of Labor Bureau of | ||||||
12 | Labor
Statistics publication entitled "The Employment | ||||||
13 | Situation" or its successor
publication. For the purpose of | ||||||
14 | this subsection, if unemployment rate
statistics for the | ||||||
15 | municipality are not available, the unemployment rate in
the | ||||||
16 | municipality shall be deemed to be the same as the unemployment | ||||||
17 | rate in
the principal county in which the municipality is | ||||||
18 | located.
| ||||||
19 | (f) "Municipality" shall mean a city, village, | ||||||
20 | incorporated town, or a township that is located in the | ||||||
21 | unincorporated portion of a county with 3 million or more | ||||||
22 | inhabitants, if the county adopted an ordinance that approved | ||||||
23 | the township's redevelopment plan.
| ||||||
24 | (g) "Initial Sales Tax Amounts" means the amount of taxes | ||||||
25 | paid under
the Retailers' Occupation Tax Act, Use Tax Act, | ||||||
26 | Service Use Tax Act, the
Service Occupation Tax Act, the |
| |||||||
| |||||||
1 | Municipal Retailers' Occupation Tax Act,
and the Municipal | ||||||
2 | Service Occupation Tax Act by
retailers and servicemen on | ||||||
3 | transactions at places located in a
State Sales Tax Boundary | ||||||
4 | during the calendar year 1985.
| ||||||
5 | (g-1) "Revised Initial Sales Tax Amounts" means the amount | ||||||
6 | of taxes paid
under the Retailers' Occupation Tax Act, Use Tax | ||||||
7 | Act, Service Use Tax Act, the
Service Occupation Tax Act, the | ||||||
8 | Municipal Retailers' Occupation Tax Act,
and the Municipal | ||||||
9 | Service Occupation Tax Act by retailers and servicemen on
| ||||||
10 | transactions at places located within the State Sales Tax | ||||||
11 | Boundary
revised pursuant to Section 11-74.4-8a(9) of this Act.
| ||||||
12 | (h) "Municipal Sales Tax Increment" means an amount equal | ||||||
13 | to the
increase in the aggregate amount of taxes paid to a | ||||||
14 | municipality from the
Local Government Tax Fund arising from | ||||||
15 | sales by retailers and servicemen
within the redevelopment | ||||||
16 | project area or State Sales Tax Boundary, as
the case may be, | ||||||
17 | for as long as the redevelopment project area or State
Sales | ||||||
18 | Tax Boundary, as the case may be, exist over and above the | ||||||
19 | aggregate
amount of taxes as certified by the Illinois | ||||||
20 | Department of Revenue and paid
under the Municipal Retailers' | ||||||
21 | Occupation Tax Act and the Municipal Service
Occupation Tax Act | ||||||
22 | by retailers and servicemen, on transactions at places
of | ||||||
23 | business located in the redevelopment project area or State | ||||||
24 | Sales Tax
Boundary, as the case may be, during the
base year | ||||||
25 | which shall be the calendar year immediately prior to the year | ||||||
26 | in
which the municipality adopted tax increment allocation |
| |||||||
| |||||||
1 | financing. For
purposes of computing the aggregate amount of | ||||||
2 | such taxes for base years
occurring prior to 1985, the | ||||||
3 | Department of Revenue shall determine the
Initial Sales Tax | ||||||
4 | Amounts for such taxes and deduct therefrom an amount
equal to | ||||||
5 | 4% of the aggregate amount of taxes per year for each year the
| ||||||
6 | base year is prior to 1985, but not to exceed a total deduction | ||||||
7 | of 12%.
The amount so determined shall be known as the | ||||||
8 | "Adjusted Initial Sales Tax
Amounts". For purposes of | ||||||
9 | determining the Municipal Sales Tax Increment,
the Department | ||||||
10 | of Revenue shall for each period subtract from the amount
paid | ||||||
11 | to the municipality from the Local Government Tax Fund arising | ||||||
12 | from
sales by retailers and servicemen on transactions
located | ||||||
13 | in the redevelopment project area or the State Sales Tax | ||||||
14 | Boundary,
as the case may be, the certified Initial Sales Tax
| ||||||
15 | Amounts, the Adjusted Initial Sales Tax Amounts or the Revised | ||||||
16 | Initial
Sales Tax Amounts for the Municipal Retailers'
| ||||||
17 | Occupation Tax Act and the Municipal Service
Occupation Tax | ||||||
18 | Act. For the State Fiscal Year 1989, this calculation shall
be | ||||||
19 | made by utilizing the calendar year 1987 to determine the tax | ||||||
20 | amounts
received. For the State Fiscal Year 1990, this | ||||||
21 | calculation shall be made
by utilizing the period from January | ||||||
22 | 1, 1988, until September 30, 1988, to
determine the tax amounts | ||||||
23 | received from retailers and servicemen pursuant
to the | ||||||
24 | Municipal Retailers' Occupation Tax and the Municipal Service
| ||||||
25 | Occupation Tax Act, which shall have deducted therefrom
| ||||||
26 | nine-twelfths of the certified Initial Sales Tax Amounts, the |
| |||||||
| |||||||
1 | Adjusted Initial
Sales Tax Amounts or the Revised Initial Sales | ||||||
2 | Tax Amounts as appropriate.
For the State Fiscal Year 1991, | ||||||
3 | this calculation shall be made by utilizing
the period from | ||||||
4 | October 1, 1988, to June 30, 1989, to determine the tax
amounts | ||||||
5 | received from retailers and servicemen pursuant to the | ||||||
6 | Municipal
Retailers' Occupation Tax and the Municipal Service | ||||||
7 | Occupation Tax Act
which shall have deducted therefrom | ||||||
8 | nine-twelfths of the
certified Initial Sales Tax Amounts, | ||||||
9 | Adjusted Initial Sales Tax
Amounts or the Revised Initial Sales | ||||||
10 | Tax Amounts as appropriate. For every
State Fiscal Year | ||||||
11 | thereafter, the applicable period shall be the 12 months
| ||||||
12 | beginning July 1 and ending June 30 to determine the tax | ||||||
13 | amounts received
which shall have deducted therefrom the | ||||||
14 | certified Initial Sales Tax
Amounts, the Adjusted Initial Sales | ||||||
15 | Tax Amounts or the Revised Initial
Sales Tax Amounts, as the | ||||||
16 | case may be.
| ||||||
17 | (i) "Net State Sales Tax Increment" means the sum of the | ||||||
18 | following: (a)
80% of the first $100,000 of State Sales Tax | ||||||
19 | Increment annually generated
within a State Sales Tax Boundary; | ||||||
20 | (b) 60% of the amount in excess of
$100,000 but not exceeding | ||||||
21 | $500,000 of State Sales Tax Increment annually
generated within | ||||||
22 | a State Sales Tax Boundary; and (c) 40% of all amounts in
| ||||||
23 | excess of $500,000 of State Sales Tax Increment annually | ||||||
24 | generated within a
State Sales Tax Boundary. If, however, a | ||||||
25 | municipality established a tax
increment financing district in | ||||||
26 | a county with a population in excess of
3,000,000 before |
| |||||||
| |||||||
1 | January 1, 1986, and the municipality entered into a
contract | ||||||
2 | or issued bonds after January 1, 1986, but before December 31, | ||||||
3 | 1986,
to finance redevelopment project costs within a State | ||||||
4 | Sales Tax
Boundary, then the Net State Sales Tax Increment | ||||||
5 | means, for the fiscal years
beginning July 1, 1990, and July 1, | ||||||
6 | 1991, 100% of the State Sales Tax
Increment annually generated | ||||||
7 | within a State Sales Tax Boundary; and
notwithstanding any | ||||||
8 | other provision of this Act, for those fiscal years the
| ||||||
9 | Department of Revenue shall distribute to those municipalities | ||||||
10 | 100% of
their Net State Sales Tax Increment before any | ||||||
11 | distribution to any other
municipality and regardless of | ||||||
12 | whether or not those other municipalities
will receive 100% of | ||||||
13 | their Net State Sales Tax Increment. For Fiscal Year
1999, and | ||||||
14 | every year thereafter until the year 2007, for any municipality
| ||||||
15 | that has not entered into a contract or has not issued bonds | ||||||
16 | prior to June
1, 1988 to finance redevelopment project costs | ||||||
17 | within a State Sales Tax
Boundary, the Net State Sales Tax | ||||||
18 | Increment shall be calculated as follows:
By multiplying the | ||||||
19 | Net State Sales Tax Increment by 90% in the State Fiscal
Year | ||||||
20 | 1999; 80% in the State Fiscal Year 2000; 70% in the State | ||||||
21 | Fiscal Year
2001; 60% in the State Fiscal Year 2002; 50% in the | ||||||
22 | State Fiscal Year 2003; 40%
in the State Fiscal Year 2004; 30% | ||||||
23 | in the State Fiscal Year 2005; 20% in
the State Fiscal Year | ||||||
24 | 2006; and 10% in the State Fiscal Year 2007. No
payment shall | ||||||
25 | be made for State Fiscal Year 2008 and thereafter.
| ||||||
26 | Municipalities that issued bonds in connection with a |
| |||||||
| |||||||
1 | redevelopment project
in a redevelopment project area within | ||||||
2 | the State Sales Tax Boundary prior to
July 29, 1991,
or that | ||||||
3 | entered into contracts in connection with a redevelopment | ||||||
4 | project in
a redevelopment project area before June 1, 1988,
| ||||||
5 | shall continue to receive their proportional share of the
| ||||||
6 | Illinois Tax Increment Fund distribution until the date on | ||||||
7 | which the
redevelopment project is completed or terminated.
If, | ||||||
8 | however, a municipality that issued bonds in connection with a
| ||||||
9 | redevelopment project in a redevelopment project area within | ||||||
10 | the State Sales
Tax Boundary prior to July 29, 1991 retires the | ||||||
11 | bonds prior to June 30, 2007 or
a municipality that entered | ||||||
12 | into contracts in connection with a redevelopment
project in a | ||||||
13 | redevelopment project area before June 1, 1988 completes the
| ||||||
14 | contracts prior to June 30, 2007, then so long as the | ||||||
15 | redevelopment project is
not
completed or is not terminated, | ||||||
16 | the Net State Sales Tax Increment shall be
calculated, | ||||||
17 | beginning on the date on which the bonds are retired or the
| ||||||
18 | contracts are completed, as follows: By multiplying the Net | ||||||
19 | State Sales Tax
Increment by 60% in the State Fiscal Year
2002; | ||||||
20 | 50% in the State Fiscal Year 2003; 40% in the State Fiscal Year | ||||||
21 | 2004; 30%
in the State Fiscal Year 2005; 20% in the State | ||||||
22 | Fiscal Year 2006; and 10% in
the State Fiscal Year 2007. No | ||||||
23 | payment shall be made for State Fiscal Year
2008 and | ||||||
24 | thereafter.
Refunding of any bonds issued
prior to July 29, | ||||||
25 | 1991, shall not alter the Net State Sales Tax Increment.
| ||||||
26 | (j) "State Utility Tax Increment Amount" means an amount |
| |||||||
| |||||||
1 | equal to the
aggregate increase in State electric and gas tax | ||||||
2 | charges imposed on owners
and tenants, other than residential | ||||||
3 | customers, of properties located within
the redevelopment | ||||||
4 | project area under Section 9-222 of the Public Utilities
Act, | ||||||
5 | over and above the aggregate of such charges as certified by | ||||||
6 | the
Department of Revenue and paid by owners and tenants, other | ||||||
7 | than
residential customers, of properties within the | ||||||
8 | redevelopment project area
during the base year, which shall be | ||||||
9 | the calendar year immediately prior to
the year of the adoption | ||||||
10 | of the ordinance authorizing tax increment allocation
| ||||||
11 | financing.
| ||||||
12 | (k) "Net State Utility Tax Increment" means the sum of the | ||||||
13 | following:
(a) 80% of the first $100,000 of State Utility Tax | ||||||
14 | Increment annually
generated by a redevelopment project area; | ||||||
15 | (b) 60% of the amount in excess
of $100,000 but not exceeding | ||||||
16 | $500,000 of the State Utility Tax Increment
annually generated | ||||||
17 | by a redevelopment project area; and (c) 40% of all
amounts in | ||||||
18 | excess of $500,000 of State Utility Tax Increment annually
| ||||||
19 | generated by a redevelopment project area. For the State Fiscal | ||||||
20 | Year 1999,
and every year thereafter until the year 2007, for | ||||||
21 | any municipality that
has not entered into a contract or has | ||||||
22 | not issued bonds prior to June 1,
1988 to finance redevelopment | ||||||
23 | project costs within a redevelopment project
area, the Net | ||||||
24 | State Utility Tax Increment shall be calculated as follows:
By | ||||||
25 | multiplying the Net State Utility Tax Increment by 90% in the | ||||||
26 | State
Fiscal Year 1999; 80% in the State Fiscal Year 2000; 70% |
| |||||||
| |||||||
1 | in the State
Fiscal Year 2001; 60% in the State Fiscal Year | ||||||
2 | 2002; 50% in the State
Fiscal Year 2003; 40% in the State | ||||||
3 | Fiscal Year 2004; 30% in the State
Fiscal Year 2005; 20% in the | ||||||
4 | State Fiscal Year 2006; and 10% in the State
Fiscal Year 2007. | ||||||
5 | No payment shall be made for the State Fiscal Year 2008
and | ||||||
6 | thereafter.
| ||||||
7 | Municipalities that issue bonds in connection with the | ||||||
8 | redevelopment project
during the period from June 1, 1988 until | ||||||
9 | 3 years after the effective date
of this Amendatory Act of 1988 | ||||||
10 | shall receive the Net State Utility Tax
Increment, subject to | ||||||
11 | appropriation, for 15 State Fiscal Years after the
issuance of | ||||||
12 | such bonds. For the 16th through the 20th State Fiscal Years
| ||||||
13 | after issuance of the bonds, the Net State Utility Tax | ||||||
14 | Increment shall be
calculated as follows: By multiplying the | ||||||
15 | Net State Utility Tax Increment
by 90% in year 16; 80% in year | ||||||
16 | 17; 70% in year 18; 60% in year 19; and 50%
in year 20. | ||||||
17 | Refunding of any bonds issued prior to June 1, 1988, shall not
| ||||||
18 | alter the revised Net State Utility Tax Increment payments set | ||||||
19 | forth above.
| ||||||
20 | (l) "Obligations" mean bonds, loans, debentures, notes, | ||||||
21 | special certificates
or other evidence of indebtedness issued | ||||||
22 | by the municipality to carry out
a redevelopment project or to | ||||||
23 | refund outstanding obligations.
| ||||||
24 | (m) "Payment in lieu of taxes" means those estimated tax | ||||||
25 | revenues from
real property in a redevelopment project area | ||||||
26 | derived from real property that
has been acquired by a |
| |||||||
| |||||||
1 | municipality
which according to the redevelopment project or | ||||||
2 | plan is to be used for a
private use which taxing districts | ||||||
3 | would have received had a municipality
not acquired the real | ||||||
4 | property and adopted tax increment allocation
financing and | ||||||
5 | which would result from
levies made after the time of the | ||||||
6 | adoption of tax increment allocation
financing to the time the | ||||||
7 | current equalized value of real property in the
redevelopment | ||||||
8 | project area exceeds the total initial equalized value of
real | ||||||
9 | property in said area.
| ||||||
10 | (n) "Redevelopment plan" means the comprehensive program | ||||||
11 | of
the municipality for development or redevelopment intended | ||||||
12 | by the payment of
redevelopment project costs to reduce or | ||||||
13 | eliminate those conditions the
existence of which qualified the | ||||||
14 | redevelopment project area as
a "blighted
area" or | ||||||
15 | "conservation area" or combination thereof or "industrial park
| ||||||
16 | conservation area," and thereby to enhance the tax bases of the | ||||||
17 | taxing
districts which extend into the redevelopment project | ||||||
18 | area.
On and after November 1, 1999 (the effective date of
| ||||||
19 | Public Act 91-478), no
redevelopment plan may be approved or | ||||||
20 | amended that includes the development of
vacant land (i) with a | ||||||
21 | golf course and related clubhouse and other facilities
or (ii) | ||||||
22 | designated by federal, State, county, or municipal government | ||||||
23 | as public
land for outdoor recreational activities or for | ||||||
24 | nature preserves and used for
that purpose within 5
years prior | ||||||
25 | to the adoption of the redevelopment plan. For the purpose of
| ||||||
26 | this subsection, "recreational activities" is limited to mean |
| |||||||
| |||||||
1 | camping and
hunting.
Each
redevelopment plan shall set forth in | ||||||
2 | writing the program to be undertaken
to accomplish the | ||||||
3 | objectives and shall include but not be limited to:
| ||||||
4 | (A) an itemized list of estimated redevelopment | ||||||
5 | project costs;
| ||||||
6 | (B) evidence indicating that the redevelopment project | ||||||
7 | area on the whole
has not been subject to growth and | ||||||
8 | development through investment by private
enterprise;
| ||||||
9 | (C) an assessment of any financial impact of the | ||||||
10 | redevelopment project
area on or any increased demand for | ||||||
11 | services from any taxing district affected
by the plan and | ||||||
12 | any program to address such financial impact or increased
| ||||||
13 | demand;
| ||||||
14 | (D) the sources of funds to pay costs;
| ||||||
15 | (E) the nature and term of the obligations to be | ||||||
16 | issued;
| ||||||
17 | (F) the most recent equalized assessed valuation of the | ||||||
18 | redevelopment
project area;
| ||||||
19 | (G) an estimate as to the equalized assessed valuation | ||||||
20 | after redevelopment
and the general land uses to apply in | ||||||
21 | the redevelopment project area;
| ||||||
22 | (H) a commitment to fair employment practices and an | ||||||
23 | affirmative action
plan;
| ||||||
24 | (I) if it concerns an industrial park
conservation | ||||||
25 | area, the plan shall
also include a general description
of | ||||||
26 | any proposed developer, user and tenant of any property, a |
| |||||||
| |||||||
1 | description
of the type, structure and general character of | ||||||
2 | the facilities to be
developed, a description of the type, | ||||||
3 | class and number of new employees to
be employed in the | ||||||
4 | operation of the facilities to be developed; and
| ||||||
5 | (J) if property is to be annexed to the municipality, | ||||||
6 | the plan shall
include the terms of the annexation | ||||||
7 | agreement.
| ||||||
8 | The provisions of items (B) and (C) of this subsection (n) | ||||||
9 | shall not apply to
a municipality that before March 14, 1994 | ||||||
10 | (the effective date of Public Act
88-537) had fixed, either by | ||||||
11 | its
corporate authorities or by a commission designated under | ||||||
12 | subsection (k) of
Section 11-74.4-4, a time and place for a | ||||||
13 | public hearing as required by
subsection (a) of Section | ||||||
14 | 11-74.4-5.
No redevelopment plan shall be adopted unless a
| ||||||
15 | municipality complies with all of the following requirements:
| ||||||
16 | (1) The municipality finds that the redevelopment | ||||||
17 | project area on
the whole has not been subject to growth | ||||||
18 | and development through investment
by private enterprise | ||||||
19 | and would not reasonably be anticipated to be
developed | ||||||
20 | without the adoption of the redevelopment plan.
| ||||||
21 | (2) The municipality finds that the redevelopment plan | ||||||
22 | and project conform
to the comprehensive plan for the | ||||||
23 | development of the municipality as a whole,
or, for | ||||||
24 | municipalities with a population of 100,000 or more, | ||||||
25 | regardless of when
the redevelopment plan and project was | ||||||
26 | adopted, the redevelopment plan and
project either: (i) |
| |||||||
| |||||||
1 | conforms to the strategic economic development or
| ||||||
2 | redevelopment plan issued by the designated planning | ||||||
3 | authority of the
municipality, or (ii) includes land uses | ||||||
4 | that have been approved by the
planning commission of the | ||||||
5 | municipality.
| ||||||
6 | (3) The redevelopment plan establishes the estimated | ||||||
7 | dates of completion
of the redevelopment project and | ||||||
8 | retirement of obligations issued to finance
redevelopment | ||||||
9 | project costs. Those dates: shall not be
later than | ||||||
10 | December 31 of the year in which the payment to the | ||||||
11 | municipal
treasurer as provided in subsection (b) of | ||||||
12 | Section 11-74.4-8 of this Act is to
be made with respect to | ||||||
13 | ad valorem taxes levied in the twenty-third
calendar year | ||||||
14 | after the year in which the ordinance approving the
| ||||||
15 | redevelopment project area is adopted if the ordinance was | ||||||
16 | adopted on or after
January 15, 1981; shall not be later | ||||||
17 | than December 31 of the year in which the payment to the | ||||||
18 | municipal
treasurer as provided in subsection (b) of | ||||||
19 | Section 11-74.4-8 of this Act is to
be made with respect to | ||||||
20 | ad valorem taxes levied in the thirty-third calendar
year | ||||||
21 | after the year in which the ordinance approving the
| ||||||
22 | redevelopment project area if the ordinance was adopted on | ||||||
23 | May 20, 1985 by the Village of Wheeling; and
shall not be | ||||||
24 | later than December 31 of the year in which the payment to | ||||||
25 | the municipal
treasurer as provided in subsection (b) of | ||||||
26 | Section 11-74.4-8 of this Act is to
be made with respect to |
| |||||||
| |||||||
1 | ad valorem taxes levied in the thirty-fifth calendar
year | ||||||
2 | after the year in which the ordinance approving the
| ||||||
3 | redevelopment project area is adopted:
| ||||||
4 | (A) if the ordinance was adopted before January 15,
| ||||||
5 | 1981, or
| ||||||
6 | (B) if the ordinance was adopted in December 1983, | ||||||
7 | April 1984,
July 1985, or December 1989, or
| ||||||
8 | (C) if the ordinance was adopted in December 1987 | ||||||
9 | and the
redevelopment project is located within one | ||||||
10 | mile of Midway Airport, or
| ||||||
11 | (D) if the ordinance was adopted before January 1, | ||||||
12 | 1987 by a
municipality
in Mason County, or
| ||||||
13 | (E) if the municipality is
subject to the Local | ||||||
14 | Government Financial Planning and Supervision Act or | ||||||
15 | the
Financially Distressed City Law, or
| ||||||
16 | (F) if
the ordinance was adopted in December 1984 | ||||||
17 | by the Village of Rosemont, or
| ||||||
18 | (G) if
the ordinance was adopted on December 31, | ||||||
19 | 1986 by a municipality
located in Clinton County
for | ||||||
20 | which at least $250,000 of tax
increment bonds were | ||||||
21 | authorized on June 17, 1997, or if
the ordinance was | ||||||
22 | adopted on December 31, 1986 by a municipality with
a | ||||||
23 | population in 1990 of less than 3,600 that is located | ||||||
24 | in a county with a
population in 1990 of less than | ||||||
25 | 34,000 and for which at least $250,000 of tax
increment | ||||||
26 | bonds were authorized on June 17, 1997, or
|
| |||||||
| |||||||
1 | (H) if the ordinance was adopted on October 5, 1982 | ||||||
2 | by the City of
Kankakee, or if the ordinance was | ||||||
3 | adopted on December 29, 1986 by East St.
Louis, or
| ||||||
4 | (I) if the ordinance was adopted on November 12, | ||||||
5 | 1991 by the Village
of Sauget, or
| ||||||
6 | (J) if the ordinance was adopted on February 11, | ||||||
7 | 1985 by the City of
Rock Island, or
| ||||||
8 | (K) if the ordinance was adopted before December | ||||||
9 | 18, 1986 by the City of
Moline, or
| ||||||
10 | (L) if the ordinance was adopted in September 1988 | ||||||
11 | by Sauk Village,
or
| ||||||
12 | (M) if the ordinance was adopted in October 1993 by | ||||||
13 | Sauk Village,
or
| ||||||
14 | (N) if the ordinance was adopted on December 29, | ||||||
15 | 1986 by the City of
Galva, or
| ||||||
16 | (O) if the ordinance was adopted in March 1991 by | ||||||
17 | the City of
Centreville, or
| ||||||
18 | (P) if the ordinance was adopted on January 23, | ||||||
19 | 1991 by the
City of East St. Louis, or
| ||||||
20 | (Q) if the ordinance was adopted on December 22, | ||||||
21 | 1986 by the City of
Aledo, or
| ||||||
22 | (R) if the ordinance was adopted on February 5, | ||||||
23 | 1990 by the City of
Clinton, or
| ||||||
24 | (S) if the ordinance was adopted on September 6, | ||||||
25 | 1994 by the City of
Freeport, or
| ||||||
26 | (T) if the ordinance was adopted on December 22, |
| |||||||
| |||||||
1 | 1986 by the City of
Tuscola, or
| ||||||
2 | (U) if the ordinance was adopted on December 23, | ||||||
3 | 1986 by the City of
Sparta, or
| ||||||
4 | (V) if the ordinance was adopted on December 23, | ||||||
5 | 1986 by the City of
Beardstown, or
| ||||||
6 | (W) if the ordinance was adopted on April 27, 1981, | ||||||
7 | October 21, 1985, or
December 30, 1986 by the City of | ||||||
8 | Belleville, or
| ||||||
9 | (X) if the ordinance was adopted on December 29, | ||||||
10 | 1986 by the City of
Collinsville, or
| ||||||
11 | (Y) if the ordinance was adopted on September 14, | ||||||
12 | 1994 by the City of
Alton, or
| ||||||
13 | (Z) if the ordinance was adopted on November 11, | ||||||
14 | 1996 by the City of
Lexington, or
| ||||||
15 | (AA) if the ordinance was adopted on November 5, | ||||||
16 | 1984 by the City of
LeRoy, or
| ||||||
17 | (BB) if the ordinance was adopted on April 3, 1991 | ||||||
18 | or June 3, 1992 by
the City of Markham, or
| ||||||
19 | (CC) if the ordinance was adopted on November 11, | ||||||
20 | 1986 by the City of Pekin, or
| ||||||
21 | (DD) if the ordinance was adopted on December 15, | ||||||
22 | 1981 by the City of Champaign, or | ||||||
23 | (EE) if the ordinance was adopted on December 15, | ||||||
24 | 1986 by the City of Urbana, or | ||||||
25 | (FF) if the ordinance was adopted on December 15, | ||||||
26 | 1986 by the Village of Heyworth, or |
| |||||||
| |||||||
1 | (GG) if the ordinance was adopted on February 24, | ||||||
2 | 1992 by the Village of Heyworth, or | ||||||
3 | (HH) if the ordinance was adopted on March 16, 1995 | ||||||
4 | by the Village of Heyworth, or | ||||||
5 | (II) if the ordinance was adopted on December 23, | ||||||
6 | 1986 by the Town of Cicero, or | ||||||
7 | (JJ) if the ordinance was adopted on December 30, | ||||||
8 | 1986 by the City of Effingham, or | ||||||
9 | (KK) if the ordinance was adopted on May 9, 1991 by | ||||||
10 | the Village of
Tilton, or | ||||||
11 | (LL) if the ordinance was adopted on October 20, | ||||||
12 | 1986 by the City of Elmhurst, or | ||||||
13 | (MM) if the ordinance was adopted on January 19, | ||||||
14 | 1988 by the City of
Waukegan, or | ||||||
15 | (NN) if the ordinance was adopted on September 21, | ||||||
16 | 1998 by the City of
Waukegan, or | ||||||
17 | (OO) if the ordinance was adopted on December 31, | ||||||
18 | 1986 by the City of Sullivan, or | ||||||
19 | (PP) if the ordinance was adopted on December 23, | ||||||
20 | 1991 by the City of Sullivan, or
| ||||||
21 | (QQ) if the ordinance was adopted on December 31, | ||||||
22 | 1986 by the City of Oglesby, or | ||||||
23 | (RR) if the ordinance was adopted on July 28, 1987 | ||||||
24 | by the City of Marion, or | ||||||
25 | (SS) if the ordinance was adopted on April 23, 1990 | ||||||
26 | by the City of Marion, or
|
| |||||||
| |||||||
1 | (TT) if the ordinance was adopted on August 20, | ||||||
2 | 1985 by the Village of Mount Prospect, or | ||||||
3 | (UU) if the ordinance was adopted on February 2, | ||||||
4 | 1998 by the Village of Woodhull, or | ||||||
5 | (VV) if the ordinance was adopted on April 20, 1993 | ||||||
6 | by the Village of Princeville , or . | ||||||
7 | (WW)
(VV) if the ordinance was adopted on July 1, | ||||||
8 | 1986 by the City of Granite City , or . | ||||||
9 | (XX)
(RR) if the ordinance was adopted on February | ||||||
10 | 2, 1989 by the Village of Lombard , or | ||||||
11 | (YY)
(VV) if the ordinance was adopted on December | ||||||
12 | 29, 1986 by the Village of Gardner , or
| ||||||
13 | (ZZ)
(VV) if the ordinance was adopted on July 14, | ||||||
14 | 1999 by the Village of Paw Paw.
| ||||||
15 | However, for redevelopment project areas for which | ||||||
16 | bonds were issued before
July 29, 1991, or for which | ||||||
17 | contracts were entered into before June 1,
1988, in | ||||||
18 | connection with a redevelopment project in the area within
| ||||||
19 | the State Sales Tax Boundary, the estimated dates of | ||||||
20 | completion of the
redevelopment project and retirement of | ||||||
21 | obligations to finance redevelopment
project costs may be | ||||||
22 | extended by municipal ordinance to December 31, 2013.
The | ||||||
23 | termination procedures of subsection (b) of Section | ||||||
24 | 11-74.4-8 are not
required for
these redevelopment project | ||||||
25 | areas in 2009 but are required in 2013.
The extension | ||||||
26 | allowed by this amendatory Act of 1993 shall not apply to |
| |||||||
| |||||||
1 | real
property tax increment allocation financing under | ||||||
2 | Section 11-74.4-8.
| ||||||
3 | A municipality may by municipal ordinance amend an | ||||||
4 | existing redevelopment
plan to conform to this paragraph | ||||||
5 | (3) as amended by Public Act 91-478, which
municipal | ||||||
6 | ordinance may be adopted without
further hearing or
notice | ||||||
7 | and without complying with the procedures provided in this | ||||||
8 | Act
pertaining to an amendment to or the initial approval | ||||||
9 | of a redevelopment plan
and project and
designation of a | ||||||
10 | redevelopment project area.
| ||||||
11 | Those dates, for purposes of real property tax | ||||||
12 | increment allocation
financing pursuant to Section | ||||||
13 | 11-74.4-8 only, shall be not more than 35 years
for | ||||||
14 | redevelopment project areas that were adopted on or after | ||||||
15 | December 16,
1986 and for which at least $8 million worth | ||||||
16 | of municipal bonds were authorized
on or after December 19, | ||||||
17 | 1989 but before January 1, 1990; provided that the
| ||||||
18 | municipality elects to extend the life of the redevelopment | ||||||
19 | project area to 35
years by the adoption of an ordinance | ||||||
20 | after at least 14 but not more than 30
days' written notice | ||||||
21 | to the taxing bodies, that would otherwise constitute the
| ||||||
22 | joint review board for the redevelopment project area, | ||||||
23 | before the adoption of
the ordinance.
| ||||||
24 | Those dates, for purposes of real property tax | ||||||
25 | increment allocation
financing pursuant to Section | ||||||
26 | 11-74.4-8 only, shall be not more than 35 years
for |
| |||||||
| |||||||
1 | redevelopment project areas that were established on or | ||||||
2 | after December 1,
1981 but before January 1, 1982 and for | ||||||
3 | which at least $1,500,000 worth of
tax increment revenue | ||||||
4 | bonds were authorized
on or after September 30, 1990 but | ||||||
5 | before July 1, 1991; provided that the
municipality elects | ||||||
6 | to extend the life of the redevelopment project area to 35
| ||||||
7 | years by the adoption of an ordinance after at least 14 but | ||||||
8 | not more than 30
days' written notice to the taxing bodies, | ||||||
9 | that would otherwise constitute the
joint review board for | ||||||
10 | the redevelopment project area, before the adoption of
the | ||||||
11 | ordinance.
| ||||||
12 | (3.5) The municipality finds, in the case of an | ||||||
13 | industrial
park
conservation area, also that the | ||||||
14 | municipality is a labor surplus municipality
and that the | ||||||
15 | implementation of the redevelopment plan will reduce | ||||||
16 | unemployment,
create new jobs and by the provision of new | ||||||
17 | facilities enhance the tax base of
the taxing districts | ||||||
18 | that extend into the redevelopment project area.
| ||||||
19 | (4) If any incremental revenues are being utilized | ||||||
20 | under
Section 8(a)(1)
or 8(a)(2) of this Act in | ||||||
21 | redevelopment project areas approved by ordinance
after | ||||||
22 | January 1, 1986, the municipality finds: (a) that the | ||||||
23 | redevelopment
project area would not reasonably be | ||||||
24 | developed without the use of such
incremental revenues, and | ||||||
25 | (b) that such incremental revenues will be
exclusively | ||||||
26 | utilized for the development of the redevelopment project |
| |||||||
| |||||||
1 | area.
| ||||||
2 | (5) If
the redevelopment plan will not result in
| ||||||
3 | displacement of
residents from 10 or more inhabited | ||||||
4 | residential units, and the
municipality certifies in the | ||||||
5 | plan that
such displacement will not result from the plan, | ||||||
6 | a housing impact study
need not be performed.
If, however, | ||||||
7 | the redevelopment plan would result in the displacement
of
| ||||||
8 | residents from 10 or more inhabited
residential units,
or | ||||||
9 | if the redevelopment project area contains 75 or more | ||||||
10 | inhabited residential
units and no
certification is made,
| ||||||
11 | then the municipality shall prepare, as part of the | ||||||
12 | separate
feasibility report required by subsection (a) of | ||||||
13 | Section 11-74.4-5, a housing
impact study.
| ||||||
14 | Part I of the housing impact study shall include (i) | ||||||
15 | data as to whether
the residential units are single family | ||||||
16 | or multi-family units,
(ii) the number and type of rooms | ||||||
17 | within the units, if that information is
available, (iii) | ||||||
18 | whether
the
units are inhabited or uninhabited, as | ||||||
19 | determined not less than 45
days before the date that the | ||||||
20 | ordinance or resolution required
by subsection (a) of | ||||||
21 | Section 11-74.4-5 is passed, and (iv) data as to the
racial | ||||||
22 | and ethnic composition of the residents in the inhabited | ||||||
23 | residential
units. The data requirement as to the racial | ||||||
24 | and ethnic composition of the
residents in the inhabited | ||||||
25 | residential units shall be deemed to be fully
satisfied by | ||||||
26 | data from the most recent federal census.
|
| |||||||
| |||||||
1 | Part II of the housing impact study shall identify the | ||||||
2 | inhabited
residential units in the proposed redevelopment | ||||||
3 | project area that are to be or
may be removed. If inhabited | ||||||
4 | residential units are to be removed, then the
housing | ||||||
5 | impact study shall identify (i) the number and location of | ||||||
6 | those units
that will or may be removed, (ii) the | ||||||
7 | municipality's plans for relocation
assistance for those | ||||||
8 | residents in the proposed redevelopment project area
whose | ||||||
9 | residences are to be removed, (iii) the availability of | ||||||
10 | replacement
housing for those residents whose residences | ||||||
11 | are to be removed, and shall
identify the type, location, | ||||||
12 | and cost of the housing, and (iv) the type and
extent
of | ||||||
13 | relocation assistance to be provided.
| ||||||
14 | (6) On and after November 1, 1999, the
housing impact | ||||||
15 | study required by paragraph (5) shall be
incorporated in | ||||||
16 | the redevelopment plan for the
redevelopment project area.
| ||||||
17 | (7) On and after November 1, 1999, no
redevelopment | ||||||
18 | plan shall be adopted, nor an
existing plan amended, nor | ||||||
19 | shall residential housing that is
occupied by households of | ||||||
20 | low-income and very low-income
persons in currently | ||||||
21 | existing redevelopment project
areas be removed after | ||||||
22 | November 1, 1999 unless the redevelopment plan provides, | ||||||
23 | with
respect to inhabited housing units that are to be | ||||||
24 | removed for
households of low-income and very low-income | ||||||
25 | persons, affordable
housing and relocation assistance not | ||||||
26 | less than that which would
be provided under the federal |
| |||||||
| |||||||
1 | Uniform Relocation Assistance and
Real Property | ||||||
2 | Acquisition Policies Act of 1970 and the regulations
under | ||||||
3 | that Act, including the eligibility criteria.
Affordable | ||||||
4 | housing may be either existing or newly constructed
| ||||||
5 | housing. For purposes of this paragraph (7), "low-income
| ||||||
6 | households", "very low-income households", and "affordable
| ||||||
7 | housing" have the meanings set forth in the Illinois | ||||||
8 | Affordable
Housing Act.
The municipality shall make a good | ||||||
9 | faith effort to ensure that this affordable
housing is | ||||||
10 | located in or near the redevelopment project area within | ||||||
11 | the
municipality.
| ||||||
12 | (8) On and after November 1, 1999, if,
after the | ||||||
13 | adoption of the redevelopment plan for the
redevelopment | ||||||
14 | project area, any municipality desires to amend its
| ||||||
15 | redevelopment plan
to remove more inhabited residential | ||||||
16 | units than
specified in its original redevelopment plan, | ||||||
17 | that change shall be made in
accordance with the procedures | ||||||
18 | in subsection (c) of Section 11-74.4-5.
| ||||||
19 | (9) For redevelopment project areas designated prior | ||||||
20 | to November 1,
1999, the redevelopment plan may be amended | ||||||
21 | without further joint review board
meeting or hearing, | ||||||
22 | provided that the municipality shall give notice of any
| ||||||
23 | such changes by mail to each affected taxing district and | ||||||
24 | registrant on the
interested party registry, to authorize | ||||||
25 | the municipality to expend tax
increment revenues for | ||||||
26 | redevelopment project costs defined by paragraphs (5)
and |
| |||||||
| |||||||
1 | (7.5), subparagraphs (E) and (F) of paragraph (11), and | ||||||
2 | paragraph (11.5) of
subsection (q) of Section 11-74.4-3, so | ||||||
3 | long as the changes do not increase the
total estimated | ||||||
4 | redevelopment project costs set out in the redevelopment | ||||||
5 | plan
by more than 5% after adjustment for inflation from | ||||||
6 | the date the plan was
adopted.
| ||||||
7 | (o) "Redevelopment project" means any public and private | ||||||
8 | development project
in furtherance of the objectives of a | ||||||
9 | redevelopment plan.
On and after November 1, 1999 (the | ||||||
10 | effective date of Public Act 91-478), no
redevelopment plan may | ||||||
11 | be approved or amended that includes the development
of vacant | ||||||
12 | land (i) with a golf course and related clubhouse and other
| ||||||
13 | facilities
or (ii) designated by federal, State, county, or | ||||||
14 | municipal government as public
land for outdoor recreational | ||||||
15 | activities or for nature preserves and used for
that purpose | ||||||
16 | within 5
years prior to the adoption of the redevelopment plan. | ||||||
17 | For the purpose of
this subsection, "recreational activities" | ||||||
18 | is limited to mean camping and
hunting.
| ||||||
19 | (p) "Redevelopment project area" means an area designated | ||||||
20 | by
the
municipality, which is not less in the aggregate than 1 | ||||||
21 | 1/2 acres and in
respect to which the municipality has made a | ||||||
22 | finding that there exist
conditions which cause the area to be | ||||||
23 | classified as an industrial park
conservation area or a | ||||||
24 | blighted area or a conservation area, or a
combination of both | ||||||
25 | blighted areas and conservation areas.
| ||||||
26 | (q) "Redevelopment project costs" mean and include the sum |
| |||||||
| |||||||
1 | total of all
reasonable or necessary costs incurred or | ||||||
2 | estimated to be incurred, and
any such costs incidental to a | ||||||
3 | redevelopment plan and a redevelopment
project. Such costs | ||||||
4 | include, without limitation, the following:
| ||||||
5 | (1) Costs of studies, surveys, development of plans, | ||||||
6 | and
specifications, implementation and administration of | ||||||
7 | the redevelopment
plan including but not limited to staff | ||||||
8 | and professional service costs for
architectural, | ||||||
9 | engineering, legal, financial, planning or other
services, | ||||||
10 | provided however that no charges for professional services | ||||||
11 | may be
based on a percentage of the tax increment | ||||||
12 | collected; except that on and
after November 1, 1999 (the | ||||||
13 | effective date of Public Act 91-478), no
contracts for
| ||||||
14 | professional services, excluding architectural and | ||||||
15 | engineering services, may be
entered into if the terms of | ||||||
16 | the contract extend
beyond a period of 3 years. In | ||||||
17 | addition, "redevelopment project costs" shall
not include | ||||||
18 | lobbying expenses.
After consultation with the | ||||||
19 | municipality, each tax
increment consultant or advisor to a | ||||||
20 | municipality that plans to designate or
has designated a | ||||||
21 | redevelopment project area shall inform the municipality | ||||||
22 | in
writing of any contracts that the consultant or advisor | ||||||
23 | has entered into with
entities or individuals that have | ||||||
24 | received, or are receiving, payments financed
by tax
| ||||||
25 | increment revenues produced by the redevelopment project | ||||||
26 | area with respect to
which the consultant or advisor has |
| |||||||
| |||||||
1 | performed, or will be performing, service
for the
| ||||||
2 | municipality. This requirement shall be satisfied by the | ||||||
3 | consultant or advisor
before the commencement of services | ||||||
4 | for the municipality and thereafter
whenever any other | ||||||
5 | contracts with those individuals or entities are executed | ||||||
6 | by
the consultant or advisor;
| ||||||
7 | (1.5) After July 1, 1999, annual administrative costs | ||||||
8 | shall
not include general overhead or
administrative costs | ||||||
9 | of the municipality
that would still have been incurred by | ||||||
10 | the municipality if the municipality had
not
designated a | ||||||
11 | redevelopment project area or approved a redevelopment | ||||||
12 | plan;
| ||||||
13 | (1.6) The cost of
marketing sites within the | ||||||
14 | redevelopment project area to prospective
businesses, | ||||||
15 | developers, and investors;
| ||||||
16 | (2) Property assembly costs, including but not limited | ||||||
17 | to acquisition
of land and other property, real or | ||||||
18 | personal, or rights or interests therein,
demolition of | ||||||
19 | buildings, site preparation, site improvements that serve | ||||||
20 | as an
engineered barrier addressing ground level or below | ||||||
21 | ground environmental
contamination, including, but not | ||||||
22 | limited to parking lots and other concrete
or asphalt | ||||||
23 | barriers, and the clearing and grading of
land;
| ||||||
24 | (3) Costs of rehabilitation, reconstruction or repair | ||||||
25 | or remodeling of
existing public or private buildings, | ||||||
26 | fixtures, and leasehold
improvements; and the cost of |
| |||||||
| |||||||
1 | replacing
an existing public building if pursuant to the | ||||||
2 | implementation of a
redevelopment project the existing | ||||||
3 | public building is to be demolished to use
the site for | ||||||
4 | private investment or
devoted to a different use requiring | ||||||
5 | private investment;
| ||||||
6 | (4) Costs of the construction of public works or | ||||||
7 | improvements, except
that on and after November 1, 1999,
| ||||||
8 | redevelopment
project costs shall not include the cost of | ||||||
9 | constructing a
new municipal public building principally | ||||||
10 | used to provide
offices, storage space, or conference | ||||||
11 | facilities or vehicle storage,
maintenance, or repair for | ||||||
12 | administrative,
public safety, or public works personnel
| ||||||
13 | and that is not intended to replace an existing
public | ||||||
14 | building as provided under paragraph (3) of subsection (q) | ||||||
15 | of Section
11-74.4-3
unless either (i) the construction of | ||||||
16 | the new municipal building
implements a redevelopment | ||||||
17 | project that was included in a redevelopment plan
that was | ||||||
18 | adopted by the municipality prior to November 1, 1999 or | ||||||
19 | (ii) the
municipality makes a reasonable
determination in | ||||||
20 | the redevelopment plan, supported by information that | ||||||
21 | provides
the basis for that determination, that the new | ||||||
22 | municipal building is required
to meet an increase in the | ||||||
23 | need for public safety purposes anticipated to
result from | ||||||
24 | the implementation of the redevelopment plan;
| ||||||
25 | (5) Costs of job training and retraining projects, | ||||||
26 | including the cost of
"welfare to work" programs |
| |||||||
| |||||||
1 | implemented by businesses located within the
redevelopment | ||||||
2 | project area;
| ||||||
3 | (6) Financing costs, including but not limited to all | ||||||
4 | necessary and
incidental expenses related to the issuance | ||||||
5 | of obligations and which may
include payment of interest on | ||||||
6 | any obligations issued hereunder including
interest | ||||||
7 | accruing
during the estimated period of construction of any | ||||||
8 | redevelopment project
for which such obligations are | ||||||
9 | issued and for not exceeding 36 months
thereafter and | ||||||
10 | including reasonable reserves related thereto;
| ||||||
11 | (7) To the extent the municipality by written agreement | ||||||
12 | accepts and
approves
the same, all or a portion of a taxing | ||||||
13 | district's capital costs resulting
from the redevelopment | ||||||
14 | project necessarily incurred or to be incurred within a
| ||||||
15 | taxing district in
furtherance of the objectives of the | ||||||
16 | redevelopment plan and project.
| ||||||
17 | (7.5) For redevelopment project areas designated (or | ||||||
18 | redevelopment
project areas amended to add or increase the | ||||||
19 | number of
tax-increment-financing assisted housing units) | ||||||
20 | on or after November 1,
1999,
an elementary, secondary,
or | ||||||
21 | unit school
district's increased costs attributable to | ||||||
22 | assisted housing units located
within the
redevelopment | ||||||
23 | project area for which the developer or redeveloper | ||||||
24 | receives
financial assistance through an agreement with | ||||||
25 | the municipality or because the
municipality incurs the | ||||||
26 | cost of necessary infrastructure improvements within
the |
| |||||||
| |||||||
1 | boundaries of the assisted housing sites necessary for the | ||||||
2 | completion of
that housing
as authorized by this Act, and | ||||||
3 | which costs shall be paid by the municipality
from the | ||||||
4 | Special Tax Allocation Fund when the tax increment revenue | ||||||
5 | is received
as a result of the assisted housing units and | ||||||
6 | shall be calculated annually as
follows:
| ||||||
7 | (A) for foundation districts, excluding any school | ||||||
8 | district in a
municipality with a population in excess | ||||||
9 | of 1,000,000, by multiplying the
district's increase | ||||||
10 | in attendance resulting from the net increase in new
| ||||||
11 | students enrolled in that school district who reside in | ||||||
12 | housing units within
the redevelopment project area | ||||||
13 | that have received financial assistance through
an | ||||||
14 | agreement with the municipality or because the | ||||||
15 | municipality incurs the cost
of necessary | ||||||
16 | infrastructure improvements within the boundaries of | ||||||
17 | the housing
sites necessary for the completion of that | ||||||
18 | housing as authorized by this Act
since the designation | ||||||
19 | of the redevelopment project area by the most recently
| ||||||
20 | available per capita tuition cost as defined in Section | ||||||
21 | 10-20.12a of the School
Code less any increase in | ||||||
22 | general State aid as defined in Section 18-8.05 of
the | ||||||
23 | School Code attributable to these added new students | ||||||
24 | subject to the
following annual limitations:
| ||||||
25 | (i) for unit school districts with a district | ||||||
26 | average 1995-96 Per
Capita
Tuition Charge of less |
| |||||||
| |||||||
1 | than $5,900, no more than 25% of the total amount | ||||||
2 | of
property tax increment revenue produced by | ||||||
3 | those housing units that have
received tax | ||||||
4 | increment finance assistance under this Act;
| ||||||
5 | (ii) for elementary school districts with a | ||||||
6 | district average 1995-96
Per
Capita Tuition Charge | ||||||
7 | of less than $5,900, no more than 17% of the total | ||||||
8 | amount
of property tax increment revenue produced | ||||||
9 | by those housing units that have
received tax | ||||||
10 | increment finance assistance under this Act; and
| ||||||
11 | (iii) for secondary school districts with a | ||||||
12 | district average 1995-96
Per
Capita Tuition Charge | ||||||
13 | of less than $5,900, no more than 8% of the total | ||||||
14 | amount
of property tax increment revenue produced | ||||||
15 | by those housing units that have
received tax | ||||||
16 | increment finance assistance under this Act.
| ||||||
17 | (B) For alternate method districts, flat grant | ||||||
18 | districts, and foundation
districts with a district | ||||||
19 | average 1995-96 Per Capita Tuition Charge equal to or
| ||||||
20 | more than $5,900, excluding any school district with a | ||||||
21 | population in excess of
1,000,000, by multiplying the | ||||||
22 | district's increase in attendance
resulting
from the | ||||||
23 | net increase in new students enrolled in that school | ||||||
24 | district who
reside in
housing units within the | ||||||
25 | redevelopment project area that have received
| ||||||
26 | financial assistance through an agreement with the |
| |||||||
| |||||||
1 | municipality or because the
municipality incurs the | ||||||
2 | cost of necessary infrastructure improvements within
| ||||||
3 | the boundaries of the housing sites necessary for the | ||||||
4 | completion of that
housing as authorized by this Act | ||||||
5 | since the designation of the redevelopment
project | ||||||
6 | area by the most recently available per capita tuition | ||||||
7 | cost as defined
in Section 10-20.12a of the School Code | ||||||
8 | less any increase in general state aid
as defined in | ||||||
9 | Section 18-8.05 of the School Code attributable to | ||||||
10 | these added
new students subject to the following | ||||||
11 | annual limitations:
| ||||||
12 | (i) for unit school districts, no more than 40% | ||||||
13 | of the total amount of
property tax increment | ||||||
14 | revenue produced by those housing units that have
| ||||||
15 | received tax increment finance assistance under | ||||||
16 | this Act;
| ||||||
17 | (ii) for elementary school districts, no more | ||||||
18 | than 27% of the total
amount
of property tax | ||||||
19 | increment revenue produced by those housing units | ||||||
20 | that have
received tax increment finance | ||||||
21 | assistance under this Act; and
| ||||||
22 | (iii) for secondary school districts, no more | ||||||
23 | than 13% of the total
amount
of property tax | ||||||
24 | increment revenue produced by those housing units | ||||||
25 | that have
received tax increment finance | ||||||
26 | assistance under this Act.
|
| |||||||
| |||||||
1 | (C) For any school district in a municipality with | ||||||
2 | a population in
excess of
1,000,000, the following | ||||||
3 | restrictions shall apply to the
reimbursement of | ||||||
4 | increased costs under this paragraph (7.5):
| ||||||
5 | (i) no increased costs shall be reimbursed | ||||||
6 | unless the school district
certifies that each of | ||||||
7 | the schools affected by the assisted housing | ||||||
8 | project
is at or over its student capacity;
| ||||||
9 | (ii) the amount reimbursable shall be reduced | ||||||
10 | by the value of any
land
donated to the school | ||||||
11 | district by the municipality or developer, and by | ||||||
12 | the
value of any physical improvements made to the | ||||||
13 | schools by the
municipality or developer; and
| ||||||
14 | (iii) the amount reimbursed may not affect | ||||||
15 | amounts otherwise obligated
by
the terms of any | ||||||
16 | bonds, notes, or other funding instruments, or the | ||||||
17 | terms of
any redevelopment agreement.
| ||||||
18 | Any school district seeking payment under this | ||||||
19 | paragraph (7.5) shall,
after July 1 and before | ||||||
20 | September 30 of each year,
provide the municipality | ||||||
21 | with reasonable evidence to support its claim for
| ||||||
22 | reimbursement before the municipality shall be | ||||||
23 | required to approve or make
the payment to the school | ||||||
24 | district. If the school district fails to provide
the | ||||||
25 | information during this period in any year, it shall | ||||||
26 | forfeit any claim to
reimbursement for that year. |
| |||||||
| |||||||
1 | School districts may adopt a resolution
waiving the | ||||||
2 | right to all or a portion of the reimbursement | ||||||
3 | otherwise required
by this paragraph
(7.5). By | ||||||
4 | acceptance of this reimbursement the school
district | ||||||
5 | waives the right to directly or indirectly set aside, | ||||||
6 | modify, or
contest in any manner the establishment of | ||||||
7 | the redevelopment project area or
projects;
| ||||||
8 | (7.7) For redevelopment project areas designated (or | ||||||
9 | redevelopment
project areas amended to add or increase the | ||||||
10 | number of
tax-increment-financing assisted housing units) | ||||||
11 | on or after
January 1, 2005 (the effective date of Public | ||||||
12 | Act 93-961),
a public library
district's increased costs | ||||||
13 | attributable to assisted housing units located
within the
| ||||||
14 | redevelopment project area for which the developer or | ||||||
15 | redeveloper receives
financial assistance through an | ||||||
16 | agreement with the municipality or because the
| ||||||
17 | municipality incurs the cost of necessary infrastructure | ||||||
18 | improvements within
the boundaries of the assisted housing | ||||||
19 | sites necessary for the completion of
that housing
as | ||||||
20 | authorized by this Act shall be paid to the library | ||||||
21 | district by the
municipality
from the Special Tax | ||||||
22 | Allocation Fund when the tax increment revenue is received
| ||||||
23 | as a result of the assisted housing units. This paragraph | ||||||
24 | (7.7) applies only if (i) the library district is located | ||||||
25 | in a county that is subject to the Property Tax Extension | ||||||
26 | Limitation Law or (ii) the library district is not located |
| |||||||
| |||||||
1 | in a county that is subject to the Property Tax Extension | ||||||
2 | Limitation Law but the district is prohibited by any other | ||||||
3 | law from increasing its tax levy rate without a prior voter | ||||||
4 | referendum.
| ||||||
5 | The amount paid to a library district under this | ||||||
6 | paragraph (7.7) shall be
calculated
by multiplying (i) the | ||||||
7 | net increase in the number of persons eligible to obtain
a
| ||||||
8 | library card
in that district who reside in housing units | ||||||
9 | within
the redevelopment project area that have received | ||||||
10 | financial assistance through
an agreement with the | ||||||
11 | municipality or because the municipality incurs the cost
of | ||||||
12 | necessary infrastructure improvements within the | ||||||
13 | boundaries of the housing
sites necessary for the | ||||||
14 | completion of that housing as authorized by this Act
since | ||||||
15 | the designation of the redevelopment project area by (ii)
| ||||||
16 | the per-patron cost of providing library services so long | ||||||
17 | as it does not exceed $120.
The per-patron cost shall be | ||||||
18 | the Total Operating Expenditures Per Capita as stated in | ||||||
19 | the most recent Illinois Public Library Statistics | ||||||
20 | produced by the Library Research Center at the University | ||||||
21 | of Illinois.
The municipality may deduct from the amount | ||||||
22 | that it must pay to a library district under this paragraph | ||||||
23 | any amount that it has voluntarily paid to the library | ||||||
24 | district from the tax increment revenue. The amount paid to | ||||||
25 | a library district under this paragraph (7.7) shall be no
| ||||||
26 | more
than 2% of the amount produced by the assisted housing |
| |||||||
| |||||||
1 | units and deposited into the Special Tax Allocation Fund.
| ||||||
2 | A library district is not eligible for any payment | ||||||
3 | under this paragraph
(7.7)
unless the library district has | ||||||
4 | experienced an increase in the
number of patrons from the | ||||||
5 | municipality that created the tax-increment-financing | ||||||
6 | district since the designation of the redevelopment | ||||||
7 | project area.
| ||||||
8 | Any library district seeking payment under this | ||||||
9 | paragraph (7.7) shall,
after July 1 and before September 30 | ||||||
10 | of each year,
provide the municipality with convincing | ||||||
11 | evidence to support its claim for
reimbursement before the | ||||||
12 | municipality shall be required to approve or make
the | ||||||
13 | payment to the library district. If the library district | ||||||
14 | fails to provide
the information during this period in any | ||||||
15 | year, it shall forfeit any claim to
reimbursement for that | ||||||
16 | year. Library districts may adopt a resolution
waiving the | ||||||
17 | right to all or a portion of the reimbursement otherwise | ||||||
18 | required by this paragraph (7.7). By acceptance of such | ||||||
19 | reimbursement, the library district shall forfeit any | ||||||
20 | right to directly or indirectly set aside, modify, or | ||||||
21 | contest in any manner whatsoever the establishment of the | ||||||
22 | redevelopment project area or
projects;
| ||||||
23 | (8) Relocation costs to the extent that a municipality | ||||||
24 | determines that
relocation costs shall be paid or is | ||||||
25 | required to make payment of relocation
costs by federal or | ||||||
26 | State law or in order to satisfy subparagraph (7) of
|
| |||||||
| |||||||
1 | subsection (n);
| ||||||
2 | (9) Payment in lieu of taxes;
| ||||||
3 | (10) Costs of job training, retraining, advanced | ||||||
4 | vocational education
or career
education, including but | ||||||
5 | not limited to courses in occupational,
semi-technical or | ||||||
6 | technical fields leading directly to employment, incurred
| ||||||
7 | by one or more taxing districts, provided that such costs | ||||||
8 | (i) are related
to the establishment and maintenance of | ||||||
9 | additional job training, advanced
vocational education or | ||||||
10 | career education programs for persons employed or
to be | ||||||
11 | employed by employers located in a redevelopment project | ||||||
12 | area; and
(ii) when incurred by a taxing district or taxing | ||||||
13 | districts other than the
municipality, are set forth in a | ||||||
14 | written agreement by or among the
municipality and the | ||||||
15 | taxing district or taxing districts, which agreement
| ||||||
16 | describes the program to be undertaken, including but not | ||||||
17 | limited to the
number of employees to be trained, a | ||||||
18 | description of the training and
services to be provided, | ||||||
19 | the number and type of positions available or to
be | ||||||
20 | available, itemized costs of the program and sources of | ||||||
21 | funds to pay for the
same, and the term of the agreement. | ||||||
22 | Such costs include, specifically, the
payment by community | ||||||
23 | college districts of costs pursuant to Sections 3-37,
3-38, | ||||||
24 | 3-40 and 3-40.1 of the Public Community College Act and by | ||||||
25 | school
districts of costs pursuant to Sections 10-22.20a | ||||||
26 | and 10-23.3a of The School
Code;
|
| |||||||
| |||||||
1 | (11) Interest cost incurred by a redeveloper related to | ||||||
2 | the
construction, renovation or rehabilitation of a | ||||||
3 | redevelopment project
provided that:
| ||||||
4 | (A) such costs are to be paid directly from the | ||||||
5 | special tax
allocation fund established pursuant to | ||||||
6 | this Act;
| ||||||
7 | (B) such payments in any one year may not exceed | ||||||
8 | 30% of the annual
interest costs incurred by the | ||||||
9 | redeveloper with regard to the redevelopment
project | ||||||
10 | during that year;
| ||||||
11 | (C) if there are not sufficient funds available in | ||||||
12 | the special tax
allocation fund to make the payment | ||||||
13 | pursuant to this paragraph (11) then
the amounts so due | ||||||
14 | shall accrue and be payable when sufficient funds are
| ||||||
15 | available in the special tax allocation fund;
| ||||||
16 | (D) the total of such interest payments paid | ||||||
17 | pursuant to this Act
may not exceed 30% of the total | ||||||
18 | (i) cost paid or incurred by the
redeveloper for the | ||||||
19 | redevelopment project plus (ii) redevelopment project
| ||||||
20 | costs excluding any property assembly costs and any | ||||||
21 | relocation costs
incurred by a municipality pursuant | ||||||
22 | to this Act; and
| ||||||
23 | (E) the cost limits set forth in subparagraphs (B) | ||||||
24 | and (D) of
paragraph (11) shall be modified for the | ||||||
25 | financing of rehabilitated or
new housing units for | ||||||
26 | low-income households and very low-income households, |
| |||||||
| |||||||
1 | as
defined in
Section 3 of the Illinois Affordable | ||||||
2 | Housing Act. The percentage of
75% shall be substituted | ||||||
3 | for 30% in subparagraphs (B) and (D) of
paragraph (11).
| ||||||
4 | (F) Instead of the eligible costs provided by | ||||||
5 | subparagraphs (B) and (D)
of
paragraph (11), as | ||||||
6 | modified by this subparagraph, and notwithstanding
any | ||||||
7 | other provisions of this Act to the contrary, the | ||||||
8 | municipality may
pay from tax increment revenues up to | ||||||
9 | 50% of the cost of construction
of new housing units to | ||||||
10 | be occupied by low-income households and very
| ||||||
11 | low-income
households as defined in Section 3 of the | ||||||
12 | Illinois Affordable Housing
Act. The cost of | ||||||
13 | construction of those units may be derived from the
| ||||||
14 | proceeds of bonds issued by the municipality under this | ||||||
15 | Act or
other constitutional or statutory authority or | ||||||
16 | from other sources of
municipal revenue that may be | ||||||
17 | reimbursed from tax increment
revenues or the proceeds | ||||||
18 | of bonds issued to finance the construction
of that | ||||||
19 | housing.
| ||||||
20 | The eligible costs provided under this | ||||||
21 | subparagraph (F) of paragraph (11)
shall
be
an eligible | ||||||
22 | cost for the construction, renovation, and | ||||||
23 | rehabilitation of all
low and very low-income housing | ||||||
24 | units, as defined in Section 3 of the Illinois
| ||||||
25 | Affordable Housing Act, within the redevelopment | ||||||
26 | project area. If the low and
very
low-income units are |
| |||||||
| |||||||
1 | part of a residential redevelopment project that | ||||||
2 | includes
units not affordable to low and very | ||||||
3 | low-income households, only the low and
very | ||||||
4 | low-income units shall be eligible for benefits under | ||||||
5 | subparagraph (F) of
paragraph (11).
The standards for | ||||||
6 | maintaining the occupancy
by low-income households and | ||||||
7 | very low-income households,
as
defined in Section 3 of | ||||||
8 | the Illinois Affordable Housing Act,
of those units | ||||||
9 | constructed with eligible costs made available under | ||||||
10 | the
provisions of
this subparagraph (F) of paragraph | ||||||
11 | (11)
shall be
established by guidelines adopted by the | ||||||
12 | municipality. The
responsibility for annually | ||||||
13 | documenting the initial occupancy of
the units by | ||||||
14 | low-income households and very low-income households, | ||||||
15 | as defined
in
Section 3
of the Illinois Affordable | ||||||
16 | Housing Act, shall be that of the then current
owner of | ||||||
17 | the property.
For ownership units, the guidelines will | ||||||
18 | provide, at a minimum, for a
reasonable recapture of | ||||||
19 | funds, or other appropriate methods designed to
| ||||||
20 | preserve the original affordability of the ownership | ||||||
21 | units. For rental units,
the guidelines will provide, | ||||||
22 | at a minimum, for the affordability of rent to low
and | ||||||
23 | very low-income households. As units become available, | ||||||
24 | they shall be
rented to income-eligible tenants.
The | ||||||
25 | municipality may modify these
guidelines from time to | ||||||
26 | time; the guidelines, however, shall be in effect
for |
| |||||||
| |||||||
1 | as long as tax increment revenue is being used to pay | ||||||
2 | for costs
associated with the units or for the | ||||||
3 | retirement of bonds issued to finance
the units or for | ||||||
4 | the life of the redevelopment project area, whichever | ||||||
5 | is
later.
| ||||||
6 | (11.5) If the redevelopment project area is located | ||||||
7 | within a municipality
with a population of more than | ||||||
8 | 100,000, the cost of day care services for
children of | ||||||
9 | employees from
low-income
families working for businesses | ||||||
10 | located within the redevelopment project area
and all or a
| ||||||
11 | portion of the cost of operation of day care centers | ||||||
12 | established by
redevelopment project
area businesses to | ||||||
13 | serve employees from low-income families working in
| ||||||
14 | businesses
located in the redevelopment project area. For | ||||||
15 | the purposes of this paragraph,
"low-income families" | ||||||
16 | means families whose annual income does not exceed 80% of
| ||||||
17 | the
municipal, county, or regional median income, adjusted | ||||||
18 | for family size, as the
annual
income and municipal, | ||||||
19 | county, or regional median income are determined from
time | ||||||
20 | to
time by the United States Department of Housing and | ||||||
21 | Urban Development.
| ||||||
22 | (12) Unless explicitly stated herein the cost of | ||||||
23 | construction of new
privately-owned buildings shall not be | ||||||
24 | an eligible redevelopment project cost.
| ||||||
25 | (13) After November 1, 1999 (the effective date of | ||||||
26 | Public Act
91-478), none of
the
redevelopment project costs |
| |||||||
| |||||||
1 | enumerated in this subsection shall be eligible
| ||||||
2 | redevelopment project costs if those costs would provide | ||||||
3 | direct financial
support to a
retail entity initiating | ||||||
4 | operations in the
redevelopment project area while
| ||||||
5 | terminating operations at another Illinois location within | ||||||
6 | 10 miles of the
redevelopment project area but outside the | ||||||
7 | boundaries of the redevelopment
project area municipality. | ||||||
8 | For
purposes of this paragraph, termination means a
closing | ||||||
9 | of a retail operation that is directly related to the | ||||||
10 | opening of the
same operation or like retail entity owned | ||||||
11 | or operated by more than 50% of the
original ownership in a | ||||||
12 | redevelopment project area, but
it does not mean
closing an | ||||||
13 | operation for reasons beyond the control of the
retail | ||||||
14 | entity, as
documented by the retail entity, subject to a | ||||||
15 | reasonable finding by the
municipality that the current | ||||||
16 | location contained inadequate space, had become
| ||||||
17 | economically obsolete, or was no longer a viable location | ||||||
18 | for the retailer or
serviceman.
| ||||||
19 | If a special service area has been established pursuant to
| ||||||
20 | the Special Service Area Tax Act or Special Service Area Tax | ||||||
21 | Law, then any
tax increment revenues derived
from the tax | ||||||
22 | imposed pursuant to the Special Service Area Tax Act or Special
| ||||||
23 | Service Area Tax Law may
be used within the redevelopment | ||||||
24 | project area for the purposes permitted by
that Act or Law as | ||||||
25 | well as the purposes permitted by this Act.
| ||||||
26 | (r) "State Sales Tax Boundary" means the redevelopment |
| |||||||
| |||||||
1 | project area or
the amended redevelopment project area | ||||||
2 | boundaries which are determined
pursuant to subsection (9) of | ||||||
3 | Section 11-74.4-8a of this
Act. The Department of Revenue shall | ||||||
4 | certify pursuant to subsection (9) of
Section 11-74.4-8a the | ||||||
5 | appropriate boundaries eligible for the
determination of State | ||||||
6 | Sales Tax Increment.
| ||||||
7 | (s) "State Sales Tax Increment" means an amount equal to | ||||||
8 | the increase
in the aggregate amount of taxes paid by retailers | ||||||
9 | and servicemen, other
than retailers and servicemen subject to | ||||||
10 | the Public Utilities Act,
on transactions at places of business | ||||||
11 | located within a State Sales Tax
Boundary pursuant to the | ||||||
12 | Retailers' Occupation Tax Act, the Use Tax Act,
the Service Use | ||||||
13 | Tax Act, and the Service Occupation Tax Act, except such
| ||||||
14 | portion of such increase that is paid into the State and Local | ||||||
15 | Sales Tax
Reform Fund, the Local Government Distributive Fund, | ||||||
16 | the Local
Government Tax Fund and the County and Mass Transit | ||||||
17 | District Fund, for as
long as State participation exists, over | ||||||
18 | and above the Initial Sales Tax
Amounts, Adjusted Initial Sales | ||||||
19 | Tax Amounts or the Revised Initial Sales
Tax Amounts for such | ||||||
20 | taxes as certified by the Department of Revenue and
paid under | ||||||
21 | those Acts by retailers and servicemen on transactions at | ||||||
22 | places
of business located within the State Sales Tax Boundary | ||||||
23 | during the base
year which shall be the calendar year | ||||||
24 | immediately prior to the year in
which the municipality adopted | ||||||
25 | tax increment allocation financing, less
3.0% of such amounts | ||||||
26 | generated under the Retailers' Occupation Tax Act, Use
Tax Act |
| |||||||
| |||||||
1 | and Service Use Tax Act and the Service Occupation Tax Act, | ||||||
2 | which
sum shall be appropriated to the Department of Revenue to | ||||||
3 | cover its costs
of administering and enforcing this Section. | ||||||
4 | For purposes of computing the
aggregate amount of such taxes | ||||||
5 | for base years occurring prior to 1985, the
Department of | ||||||
6 | Revenue shall compute the Initial Sales Tax Amount for such
| ||||||
7 | taxes and deduct therefrom an amount equal to 4% of the | ||||||
8 | aggregate amount of
taxes per year for each year the base year | ||||||
9 | is prior to 1985, but not to
exceed a total deduction of 12%. | ||||||
10 | The amount so determined shall be known
as the "Adjusted | ||||||
11 | Initial Sales Tax Amount". For purposes of determining the
| ||||||
12 | State Sales Tax Increment the Department of Revenue shall for | ||||||
13 | each period
subtract from the tax amounts received from | ||||||
14 | retailers and servicemen on
transactions located in the State | ||||||
15 | Sales Tax Boundary, the certified Initial
Sales Tax Amounts, | ||||||
16 | Adjusted Initial Sales Tax Amounts or Revised Initial
Sales Tax | ||||||
17 | Amounts for the Retailers' Occupation Tax Act, the Use Tax Act,
| ||||||
18 | the Service Use Tax Act and the Service Occupation Tax Act. For | ||||||
19 | the State
Fiscal Year 1989 this calculation shall be made by | ||||||
20 | utilizing the calendar
year 1987 to determine the tax amounts | ||||||
21 | received. For the State Fiscal Year
1990, this calculation | ||||||
22 | shall be made by utilizing the period from January
1, 1988, | ||||||
23 | until September 30, 1988, to determine the tax amounts received
| ||||||
24 | from retailers and servicemen, which shall have deducted | ||||||
25 | therefrom
nine-twelfths of the certified Initial Sales Tax | ||||||
26 | Amounts, Adjusted Initial
Sales Tax Amounts or the Revised |
| |||||||
| |||||||
1 | Initial Sales Tax Amounts as appropriate.
For the State Fiscal | ||||||
2 | Year 1991, this calculation shall be made by utilizing
the | ||||||
3 | period from October 1, 1988, until June 30, 1989, to determine | ||||||
4 | the tax
amounts received from retailers and servicemen, which | ||||||
5 | shall have
deducted therefrom nine-twelfths of the certified | ||||||
6 | Initial State Sales Tax
Amounts, Adjusted Initial Sales Tax | ||||||
7 | Amounts or the Revised Initial Sales
Tax Amounts as | ||||||
8 | appropriate. For every State Fiscal Year thereafter, the
| ||||||
9 | applicable period shall be the 12 months beginning July 1 and | ||||||
10 | ending on
June 30, to determine the tax amounts received which | ||||||
11 | shall have deducted
therefrom the certified Initial Sales Tax | ||||||
12 | Amounts, Adjusted Initial Sales
Tax Amounts or the Revised | ||||||
13 | Initial Sales Tax Amounts. Municipalities
intending to receive | ||||||
14 | a distribution of State Sales Tax Increment must
report a list | ||||||
15 | of retailers to the Department of Revenue by October 31, 1988
| ||||||
16 | and by July 31, of each year thereafter.
| ||||||
17 | (t) "Taxing districts" means counties, townships, cities | ||||||
18 | and incorporated
towns and villages, school, road, park, | ||||||
19 | sanitary, mosquito abatement, forest
preserve, public health, | ||||||
20 | fire protection, river conservancy, tuberculosis
sanitarium | ||||||
21 | and any other municipal corporations or districts with the | ||||||
22 | power
to levy taxes.
| ||||||
23 | (u) "Taxing districts' capital costs" means those costs of | ||||||
24 | taxing districts
for capital improvements that are found by the | ||||||
25 | municipal corporate authorities
to be necessary and directly | ||||||
26 | result from the redevelopment project.
|
| |||||||
| |||||||
1 | (v) As used in subsection (a) of Section 11-74.4-3 of this
| ||||||
2 | Act, "vacant
land" means any parcel or combination of parcels | ||||||
3 | of real property without
industrial, commercial, and | ||||||
4 | residential buildings which has not been used
for commercial | ||||||
5 | agricultural purposes within 5 years prior to the
designation | ||||||
6 | of the redevelopment project area, unless the parcel
is | ||||||
7 | included in an industrial park conservation area or the parcel | ||||||
8 | has
been subdivided; provided that if the parcel was part of a | ||||||
9 | larger tract that
has been divided into 3 or more smaller | ||||||
10 | tracts that were accepted for
recording during the period from | ||||||
11 | 1950 to 1990, then the parcel shall be deemed
to have been | ||||||
12 | subdivided, and all proceedings and actions of the municipality
| ||||||
13 | taken in that connection with respect to any previously | ||||||
14 | approved or designated
redevelopment project area or amended | ||||||
15 | redevelopment project area are hereby
validated and hereby | ||||||
16 | declared to be legally sufficient for all purposes of this
Act.
| ||||||
17 | For purposes of this Section and only for land subject to
the | ||||||
18 | subdivision requirements of the Plat Act, land is subdivided | ||||||
19 | when the
original plat of
the proposed Redevelopment Project | ||||||
20 | Area or relevant portion thereof has
been
properly certified, | ||||||
21 | acknowledged, approved, and recorded or filed in accordance
| ||||||
22 | with the Plat Act and a preliminary plat, if any, for any | ||||||
23 | subsequent phases of
the
proposed Redevelopment Project Area or | ||||||
24 | relevant portion thereof has been
properly approved and filed | ||||||
25 | in accordance with the applicable ordinance of the
| ||||||
26 | municipality.
|
| |||||||
| |||||||
1 | (w) "Annual Total Increment" means the sum of each | ||||||
2 | municipality's
annual Net Sales Tax Increment and each | ||||||
3 | municipality's annual Net Utility
Tax Increment. The ratio of | ||||||
4 | the Annual Total Increment of each
municipality to the Annual | ||||||
5 | Total Increment for all municipalities, as most
recently | ||||||
6 | calculated by the Department, shall determine the proportional
| ||||||
7 | shares of the Illinois Tax Increment Fund to be distributed to | ||||||
8 | each
municipality.
| ||||||
9 | (Source: P.A. 93-298, eff. 7-23-03; 93-708, eff. 1-1-05; | ||||||
10 | 93-747, eff. 7-15-04; 93-924, eff. 8-12-04; 93-961, eff. | ||||||
11 | 1-1-05; 93-983, eff. 8-23-04; 93-984, eff. 8-23-04; 93-985, | ||||||
12 | eff. 8-23-04; 93-986, eff. 8-23-04; 93-987, eff. 8-23-04; | ||||||
13 | 93-995, eff. 8-23-04; 93-1024, eff. 8-25-04; 93-1076, eff. | ||||||
14 | 1-18-05; 94-260, eff. 7-19-05; 94-268, eff. 7-19-05; 94-297, | ||||||
15 | eff. 7-21-05; 94-302, eff. 7-21-05; 94-702, eff. 6-1-06; | ||||||
16 | 94-704, eff. 12-5-05; 94-711, eff. 6-1-06; 94-778, eff. | ||||||
17 | 5-19-06; 94-782, eff. 5-19-06; 94-783, eff. 5-19-06; 94-810, | ||||||
18 | eff. 5-26-06; 94-903, eff. 6-22-06; revised 8-3-06.)
| ||||||
19 | (65 ILCS 5/11-74.4-6) (from Ch. 24, par. 11-74.4-6)
| ||||||
20 | Sec. 11-74.4-6. (a) Except as provided herein, notice of | ||||||
21 | the public hearing
shall be given by publication and mailing. | ||||||
22 | Notice by publication
shall be given by publication at least | ||||||
23 | twice, the first publication to be
not more than 30 nor less | ||||||
24 | than 10 days prior to the hearing in a newspaper
of general | ||||||
25 | circulation within the taxing districts having property in the
|
| |||||||
| |||||||
1 | proposed redevelopment project area. Notice by mailing shall be | ||||||
2 | given by
depositing such notice in the United States mails by | ||||||
3 | certified mail
addressed to the person or persons in whose name | ||||||
4 | the general taxes for the
last preceding year were paid on each | ||||||
5 | lot, block, tract, or parcel of land
lying within the project | ||||||
6 | redevelopment area. Said notice shall be mailed
not less than | ||||||
7 | 10 days prior to the date set for the public hearing. In the
| ||||||
8 | event taxes for the last preceding year were not paid, the | ||||||
9 | notice shall
also be sent to the persons last listed on the tax | ||||||
10 | rolls within the
preceding 3 years as the owners of such | ||||||
11 | property.
For redevelopment project areas with redevelopment | ||||||
12 | plans or proposed
redevelopment plans that would require | ||||||
13 | removal of 10 or more inhabited
residential
units or that | ||||||
14 | contain 75 or more inhabited residential units, the | ||||||
15 | municipality
shall make a good faith effort to notify by mail | ||||||
16 | all
residents of
the redevelopment project area. At a minimum, | ||||||
17 | the municipality shall mail a
notice
to each residential | ||||||
18 | address located within the redevelopment project area. The
| ||||||
19 | municipality shall endeavor to ensure that all such notices are | ||||||
20 | effectively
communicated and shall include (in addition to | ||||||
21 | notice in English) notice in
the predominant language
other | ||||||
22 | than English when appropriate.
| ||||||
23 | (b) The notices issued pursuant to this Section shall | ||||||
24 | include the following:
| ||||||
25 | (1) The time and place of public hearing . ;
| ||||||
26 | (2) The boundaries of the proposed redevelopment |
| |||||||
| |||||||
1 | project area by legal
description and by street location | ||||||
2 | where possible . ;
| ||||||
3 | (3) A notification that all interested persons will be | ||||||
4 | given an
opportunity to be heard at the public hearing . ;
| ||||||
5 | (4) A description of the redevelopment plan or | ||||||
6 | redevelopment project
for the proposed redevelopment | ||||||
7 | project area if a plan or project is the
subject matter of | ||||||
8 | the hearing.
| ||||||
9 | (5) Such other matters as the municipality may deem | ||||||
10 | appropriate.
| ||||||
11 | (c) Not less than 45 days prior to the date set for | ||||||
12 | hearing, the
municipality shall give notice by mail as provided | ||||||
13 | in subsection (a) to all
taxing districts of which taxable | ||||||
14 | property is included in the redevelopment
project area, project | ||||||
15 | or plan and to the Department of Commerce and
Economic | ||||||
16 | Opportunity, and in addition to the other requirements under
| ||||||
17 | subsection (b) the notice shall include an invitation to the | ||||||
18 | Department of
Commerce and Economic Opportunity and each taxing | ||||||
19 | district to submit comments
to the municipality concerning the | ||||||
20 | subject matter of the hearing prior to
the date of hearing.
| ||||||
21 | (d) In the event that any municipality has by ordinance | ||||||
22 | adopted tax
increment financing prior to 1987, and has complied | ||||||
23 | with the notice
requirements of this Section, except that the | ||||||
24 | notice has not included the
requirements of subsection (b), | ||||||
25 | paragraphs (2), (3) and (4), and within 90
days of the | ||||||
26 | effective date of this amendatory Act of 1991, that
|
| |||||||
| |||||||
1 | municipality passes an ordinance which contains findings that: | ||||||
2 | (1) all taxing
districts prior to the time of the hearing | ||||||
3 | required by Section 11-74.4-5
were furnished with copies of a | ||||||
4 | map incorporated into the redevelopment
plan and project | ||||||
5 | substantially showing the legal boundaries of the
| ||||||
6 | redevelopment project area; (2) the redevelopment plan and | ||||||
7 | project, or a
draft thereof, contained a map substantially | ||||||
8 | showing the legal boundaries
of the redevelopment project area | ||||||
9 | and was available to the public at the
time of the hearing; and | ||||||
10 | (3) since the adoption of any form of tax
increment financing | ||||||
11 | authorized by this Act, and prior to June 1, 1991, no
objection | ||||||
12 | or challenge has been made in writing to the municipality in
| ||||||
13 | respect to the notices required by this Section, then the | ||||||
14 | municipality
shall be deemed to have met the notice | ||||||
15 | requirements of this Act and all
actions of the municipality | ||||||
16 | taken in connection with such notices as were
given are hereby | ||||||
17 | validated and hereby declared to be legally sufficient for
all | ||||||
18 | purposes of this Act.
| ||||||
19 | (e) If a municipality desires to propose a redevelopment
| ||||||
20 | plan
for a redevelopment project area that
would result in the | ||||||
21 | displacement of residents from
10 or more inhabited residential | ||||||
22 | units or for a redevelopment project area that
contains 75 or | ||||||
23 | more inhabited residential units, the
municipality
shall hold a | ||||||
24 | public meeting before the mailing of the notices of public | ||||||
25 | hearing
as
provided in subsection (c) of this Section. The | ||||||
26 | meeting shall be for the
purpose of
enabling the municipality |
| |||||||
| |||||||
1 | to advise the public, taxing districts having real
property in
| ||||||
2 | the redevelopment project area, taxpayers who own property in | ||||||
3 | the proposed
redevelopment project area, and residents in the | ||||||
4 | area as to the
municipality's possible intent to prepare a | ||||||
5 | redevelopment plan and
designate a
redevelopment project area | ||||||
6 | and to receive public comment.
The time and place for the | ||||||
7 | meeting shall be set by the head of the
municipality's
| ||||||
8 | Department of Planning or other department official designated | ||||||
9 | by the mayor or
city
or village manager without the necessity | ||||||
10 | of a resolution or ordinance of the
municipality and may be | ||||||
11 | held by a member of the staff of the Department of
Planning of | ||||||
12 | the municipality or by any other person, body, or commission
| ||||||
13 | designated by the corporate authorities. The meeting shall be | ||||||
14 | held at
least 14 business
days before the mailing of the notice | ||||||
15 | of public hearing provided for in
subsection (c)
of this | ||||||
16 | Section.
| ||||||
17 | Notice of the public meeting shall be given by mail. Notice | ||||||
18 | by mail shall be
not less than 15 days before the date of the | ||||||
19 | meeting and shall be sent by
certified
mail to all taxing | ||||||
20 | districts having real property in the proposed redevelopment
| ||||||
21 | project area and to all entities requesting that information | ||||||
22 | that have
registered with a person and department designated by | ||||||
23 | the municipality in
accordance with registration guidelines | ||||||
24 | established by the
municipality pursuant to Section | ||||||
25 | 11-74.4-4.2. The
municipality shall make a good faith effort to | ||||||
26 | notify all residents and the
last known persons who paid
|
| |||||||
| |||||||
1 | property taxes on real estate in a redevelopment project area. | ||||||
2 | This
requirement
shall be deemed to be satisfied if the | ||||||
3 | municipality mails, by regular mail, a
notice to
each | ||||||
4 | residential address and the person or persons in whose name | ||||||
5 | property taxes
were paid on real property for the last | ||||||
6 | preceding year located within the
redevelopment project area. | ||||||
7 | Notice shall be in languages other than English
when
| ||||||
8 | appropriate. The notices issued under this subsection shall | ||||||
9 | include the
following:
| ||||||
10 | (1) The time and place of the meeting.
| ||||||
11 | (2) The boundaries of the area to be studied for | ||||||
12 | possible designation
as a redevelopment project area by | ||||||
13 | street and location.
| ||||||
14 | (3) The purpose or purposes of establishing a | ||||||
15 | redevelopment project
area.
| ||||||
16 | (4) A brief description of tax increment financing.
| ||||||
17 | (5) The name, telephone number, and address of the | ||||||
18 | person who can
be contacted for additional information | ||||||
19 | about the proposed
redevelopment project area and who | ||||||
20 | should receive all comments
and suggestions regarding the | ||||||
21 | development of the area to be
studied.
| ||||||
22 | (6) Notification that all interested persons will be | ||||||
23 | given an opportunity
to be heard at the public meeting.
| ||||||
24 | (7) Such other matters as the municipality deems | ||||||
25 | appropriate.
| ||||||
26 | At the public meeting, any interested person or |
| |||||||
| |||||||
1 | representative of an affected
taxing district
may be heard | ||||||
2 | orally and may file, with the person conducting the
meeting, | ||||||
3 | statements that pertain to the subject matter of the meeting.
| ||||||
4 | (Source: P.A. 94-793, eff. 5-19-06; revised 8-3-06.)
| ||||||
5 | (65 ILCS 5/11-74.4-7) (from Ch. 24, par. 11-74.4-7)
| ||||||
6 | Sec. 11-74.4-7. Obligations secured by the special tax | ||||||
7 | allocation fund
set forth in Section 11-74.4-8 for the | ||||||
8 | redevelopment project area may be
issued to provide for | ||||||
9 | redevelopment project costs. Such obligations, when
so issued, | ||||||
10 | shall be retired in the manner provided in the ordinance
| ||||||
11 | authorizing the issuance of such obligations by the receipts of | ||||||
12 | taxes
levied as specified in Section 11-74.4-9 against the | ||||||
13 | taxable property
included in the area, by revenues as specified | ||||||
14 | by Section 11-74.4-8a and
other revenue designated by the | ||||||
15 | municipality. A municipality may in the
ordinance pledge all or | ||||||
16 | any part of the funds in and to be deposited in the
special tax | ||||||
17 | allocation fund created pursuant to Section 11-74.4-8 to the
| ||||||
18 | payment of the redevelopment project costs and obligations. Any | ||||||
19 | pledge of
funds in the special tax allocation fund shall | ||||||
20 | provide for distribution to
the taxing districts and to the | ||||||
21 | Illinois Department of Revenue of moneys
not required, pledged, | ||||||
22 | earmarked, or otherwise designated for payment and
securing of | ||||||
23 | the obligations and anticipated redevelopment project costs | ||||||
24 | and
such excess funds shall be calculated annually and deemed | ||||||
25 | to be "surplus"
funds. In the event a municipality only applies |
| |||||||
| |||||||
1 | or pledges a portion of the
funds in the special tax allocation | ||||||
2 | fund for the payment or securing of
anticipated redevelopment | ||||||
3 | project costs or of obligations, any such funds
remaining in | ||||||
4 | the special tax allocation fund after complying with the
| ||||||
5 | requirements of the application or pledge, shall also be | ||||||
6 | calculated annually
and deemed "surplus" funds. All surplus | ||||||
7 | funds in the special tax allocation
fund shall be distributed | ||||||
8 | annually within 180 days after the close of the
municipality's | ||||||
9 | fiscal year by being paid by the
municipal treasurer to the | ||||||
10 | County Collector, to the Department of Revenue
and to the | ||||||
11 | municipality in direct proportion to the tax incremental | ||||||
12 | revenue
received as a result of an increase in the equalized | ||||||
13 | assessed value of
property in the redevelopment project area, | ||||||
14 | tax incremental revenue
received from the State and tax | ||||||
15 | incremental revenue received from the
municipality, but not to | ||||||
16 | exceed as to each such source the total
incremental revenue | ||||||
17 | received from that source. The County Collector shall
| ||||||
18 | thereafter make distribution to the respective taxing | ||||||
19 | districts in the same
manner and proportion as the most recent | ||||||
20 | distribution by the county
collector to the affected districts | ||||||
21 | of real property taxes from real
property in the redevelopment | ||||||
22 | project area.
| ||||||
23 | Without limiting the foregoing in this Section, the | ||||||
24 | municipality may in
addition to obligations secured by the | ||||||
25 | special tax allocation fund pledge
for a period not greater | ||||||
26 | than the term of the obligations towards payment
of such |
| |||||||
| |||||||
1 | obligations any part or any combination of the following: (a) | ||||||
2 | net
revenues of all or part of any redevelopment project; (b) | ||||||
3 | taxes levied and
collected on any or all property in the | ||||||
4 | municipality; (c) the full faith
and credit of the | ||||||
5 | municipality; (d) a mortgage on part or all of the
| ||||||
6 | redevelopment project; or (e) any other taxes or anticipated | ||||||
7 | receipts that
the municipality may lawfully pledge.
| ||||||
8 | Such obligations may be issued in one or more series | ||||||
9 | bearing interest at
such rate or rates as the corporate | ||||||
10 | authorities of the municipality shall
determine by ordinance. | ||||||
11 | Such obligations shall bear such date or dates,
mature at such | ||||||
12 | time or times not exceeding 20 years from their respective
| ||||||
13 | dates, be in such denomination, carry such registration | ||||||
14 | privileges, be executed
in such manner, be payable in such | ||||||
15 | medium of payment at such place or places,
contain such | ||||||
16 | covenants, terms and conditions, and be subject to redemption
| ||||||
17 | as such ordinance shall provide. Obligations issued pursuant to | ||||||
18 | this Act
may be sold at public or private sale at such price as | ||||||
19 | shall be determined
by the corporate authorities of the | ||||||
20 | municipalities. No referendum approval
of the electors shall be | ||||||
21 | required as a condition to the issuance of obligations
pursuant | ||||||
22 | to this Division except as provided in this Section.
| ||||||
23 | In the event the municipality authorizes issuance of | ||||||
24 | obligations pursuant
to the authority of this Division secured | ||||||
25 | by the full faith and credit of
the municipality, which | ||||||
26 | obligations are other than obligations which may
be issued |
| |||||||
| |||||||
1 | under home rule powers provided by Article VII, Section 6 of | ||||||
2 | the
Illinois Constitution, or pledges taxes pursuant to (b) or | ||||||
3 | (c) of the second
paragraph of this section, the ordinance | ||||||
4 | authorizing the issuance of such
obligations or pledging such | ||||||
5 | taxes shall be published within 10 days after
such ordinance | ||||||
6 | has been passed in one or more newspapers, with general
| ||||||
7 | circulation within such municipality. The publication of the | ||||||
8 | ordinance
shall be accompanied by a notice of (1) the specific | ||||||
9 | number of voters
required to sign a petition requesting the | ||||||
10 | question of the issuance of such
obligations or pledging taxes | ||||||
11 | to be submitted to the electors; (2) the time
in which such | ||||||
12 | petition must be filed; and (3) the date of the prospective
| ||||||
13 | referendum. The municipal clerk shall provide a petition form | ||||||
14 | to any
individual requesting one.
| ||||||
15 | If no petition is filed with the municipal clerk, as | ||||||
16 | hereinafter provided
in this Section, within 30 days after the | ||||||
17 | publication of the ordinance,
the ordinance shall be in effect. | ||||||
18 | But, if within that 30 day period a petition
is filed with the | ||||||
19 | municipal clerk, signed by electors in the
municipality | ||||||
20 | numbering 10% or more of the number of registered voters in the
| ||||||
21 | municipality, asking that the question of issuing
obligations | ||||||
22 | using full faith and credit of the municipality as security
for | ||||||
23 | the cost of paying for redevelopment project costs, or of | ||||||
24 | pledging taxes
for the payment of such obligations, or both, be | ||||||
25 | submitted to the electors
of the municipality, the corporate | ||||||
26 | authorities of the municipality shall
call a special election |
| |||||||
| |||||||
1 | in the manner provided by law to vote upon that
question, or, | ||||||
2 | if a general, State or municipal election is to be held within
| ||||||
3 | a period of not less than 30 or more than 90 days from the date | ||||||
4 | such petition
is filed, shall submit the question at the next | ||||||
5 | general, State or municipal
election. If it appears upon the | ||||||
6 | canvass of the election by the corporate
authorities that a | ||||||
7 | majority of electors voting upon the question voted in
favor | ||||||
8 | thereof, the ordinance shall be in effect, but if a majority of | ||||||
9 | the
electors voting upon the question are not in favor thereof, | ||||||
10 | the ordinance
shall not take effect.
| ||||||
11 | The ordinance authorizing the obligations may provide that | ||||||
12 | the obligations
shall contain a recital that they are issued | ||||||
13 | pursuant to this Division,
which recital shall be conclusive | ||||||
14 | evidence of their validity and of the
regularity of their | ||||||
15 | issuance.
| ||||||
16 | In the event the municipality authorizes issuance of | ||||||
17 | obligations pursuant
to this Section secured by the full faith | ||||||
18 | and credit of the municipality,
the ordinance authorizing the | ||||||
19 | obligations may provide for the levy and
collection of a direct | ||||||
20 | annual tax upon all taxable property within the
municipality | ||||||
21 | sufficient to pay the principal thereof and interest thereon
as | ||||||
22 | it matures, which levy may be in addition to and exclusive of | ||||||
23 | the
maximum of all other taxes authorized to be levied by the | ||||||
24 | municipality,
which levy, however, shall be abated to the | ||||||
25 | extent that monies from other
sources are available for payment | ||||||
26 | of the obligations and the municipality
certifies the amount of |
| |||||||
| |||||||
1 | said monies available to the county clerk.
| ||||||
2 | A certified copy of such ordinance shall be filed with the | ||||||
3 | county clerk
of each county in which any portion of the | ||||||
4 | municipality is situated, and
shall constitute the authority | ||||||
5 | for the extension and collection of the taxes
to be deposited | ||||||
6 | in the special tax allocation fund.
| ||||||
7 | A municipality may also issue its obligations to refund in | ||||||
8 | whole or in
part, obligations theretofore issued by such | ||||||
9 | municipality under the authority
of this Act, whether at or | ||||||
10 | prior to maturity, provided however, that the
last maturity of | ||||||
11 | the refunding obligations shall not be expressed to mature
| ||||||
12 | later than December 31 of the year in which the payment to the | ||||||
13 | municipal
treasurer as provided in subsection (b) of Section | ||||||
14 | 11-74.4-8 of this Act
is to be made with respect to ad valorem | ||||||
15 | taxes levied in the twenty-third
calendar year after the year | ||||||
16 | in which the ordinance approving the redevelopment
project area | ||||||
17 | is adopted if the ordinance was adopted on or after January 15,
| ||||||
18 | 1981, not later than December 31 of the year in which the | ||||||
19 | payment to the municipal
treasurer as provided in subsection | ||||||
20 | (b) of Section 11-74.4-8 of this Act is to
be made with respect | ||||||
21 | to ad valorem taxes levied in the thirty-third calendar
year | ||||||
22 | after the year in which the ordinance approving the
| ||||||
23 | redevelopment project area if the ordinance was adopted on May | ||||||
24 | 20, 1985 by the Village of Wheeling, and not
later than | ||||||
25 | December 31 of the year in which the payment to the municipal
| ||||||
26 | treasurer as provided in subsection (b) of Section 11-74.4-8 of |
| |||||||
| |||||||
1 | this Act
is to be made with respect to ad valorem taxes levied | ||||||
2 | in the thirty-fifth
calendar year after the year in which the | ||||||
3 | ordinance approving the redevelopment
project area is adopted
| ||||||
4 | (A) if the ordinance was adopted before January 15, 1981, or
| ||||||
5 | (B) if the ordinance was adopted in December 1983, April 1984, | ||||||
6 | July 1985,
or December 1989, or
(C) if the ordinance was | ||||||
7 | adopted in December, 1987 and the redevelopment
project is | ||||||
8 | located within one mile of Midway Airport, or
(D) if the | ||||||
9 | ordinance was adopted before January 1, 1987 by a municipality | ||||||
10 | in
Mason County, or
(E) if the municipality is subject to the | ||||||
11 | Local Government Financial Planning
and Supervision Act or the | ||||||
12 | Financially Distressed City Law, or
(F) if the ordinance was | ||||||
13 | adopted in December 1984 by the Village of Rosemont,
or
(G) if | ||||||
14 | the ordinance was adopted on December 31, 1986 by a | ||||||
15 | municipality
located in Clinton County for which at least | ||||||
16 | $250,000 of tax increment
bonds were authorized on June 17, | ||||||
17 | 1997, or if the ordinance was adopted on
December 31, 1986 by a | ||||||
18 | municipality with a population in 1990 of less than
3,600 that | ||||||
19 | is located in a county with a population in 1990 of less than
| ||||||
20 | 34,000 and for which at least $250,000 of tax increment bonds | ||||||
21 | were authorized
on June 17, 1997, or
(H) if the ordinance was | ||||||
22 | adopted on October 5, 1982 by the City of Kankakee, or
(I) if | ||||||
23 | the ordinance was adopted on December 29, 1986 by East St. | ||||||
24 | Louis, or if
the ordinance was adopted on November 12, 1991 by | ||||||
25 | the Village of Sauget, or
(J) if the ordinance was
adopted on | ||||||
26 | February 11, 1985 by the City of Rock Island, or
(K) if the |
| |||||||
| |||||||
1 | ordinance was adopted before December 18, 1986 by the City of
| ||||||
2 | Moline, or
(L) if the ordinance was adopted in September 1988 | ||||||
3 | by Sauk Village, or
(M) if the ordinance was adopted in October | ||||||
4 | 1993 by Sauk Village, or
(N) if the ordinance was adopted on | ||||||
5 | December 29, 1986 by the City of Galva, or
(O) if the ordinance | ||||||
6 | was adopted in March 1991 by the City of Centreville, or
(P) if | ||||||
7 | the ordinance was adopted on January 23, 1991
by the City of | ||||||
8 | East St. Louis, or
(Q) if the ordinance was adopted on December | ||||||
9 | 22, 1986 by the City of Aledo, or
(R) if the ordinance was | ||||||
10 | adopted on February 5, 1990 by the City of Clinton, or
(S) if | ||||||
11 | the ordinance was adopted on September 6, 1994 by the City of | ||||||
12 | Freeport,
or
(T) if the ordinance was adopted on December 22, | ||||||
13 | 1986 by the City of Tuscola,
or
(U) if the ordinance was | ||||||
14 | adopted on December 23, 1986 by the City of Sparta, or
(V) if | ||||||
15 | the ordinance was adopted on December 23, 1986 by the City of
| ||||||
16 | Beardstown, or
(W) if the ordinance was adopted on April 27, | ||||||
17 | 1981, October 21, 1985, or
December 30, 1986 by the City of | ||||||
18 | Belleville, or
(X) if the ordinance was adopted on December 29, | ||||||
19 | 1986 by the City of
Collinsville, or (Y) if the ordinance was | ||||||
20 | adopted on September 14, 1994 by the
City of Alton, or (Z) if | ||||||
21 | the ordinance was adopted on November 11, 1996 by the
City of | ||||||
22 | Lexington, or (AA) if the ordinance was adopted on November 5, | ||||||
23 | 1984 by
the City of LeRoy, or (BB) if the ordinance was adopted | ||||||
24 | on April 3, 1991 or
June 3, 1992 by the City of Markham, or (CC) | ||||||
25 | if the ordinance was adopted on November 11, 1986 by the City | ||||||
26 | of Pekin, or (DD) if the ordinance was adopted on December 15, |
| |||||||
| |||||||
1 | 1981 by the City of Champaign, or (EE) if the ordinance was | ||||||
2 | adopted on December 15, 1986 by the City of Urbana, or (FF) if | ||||||
3 | the ordinance was adopted on December 15, 1986 by the Village | ||||||
4 | of Heyworth, or (GG) if the ordinance was adopted on February | ||||||
5 | 24, 1992 by the Village of Heyworth, or (HH) if the ordinance | ||||||
6 | was adopted on March 16, 1995 by the Village of Heyworth, or | ||||||
7 | (II) if the ordinance was adopted on December 23, 1986 by the | ||||||
8 | Town of Cicero, or (JJ) if the ordinance was adopted on | ||||||
9 | December 30, 1986 by the City of Effingham, or (KK) if the | ||||||
10 | ordinance was adopted on May 9, 1991 by the Village of
Tilton, | ||||||
11 | or (LL) if the ordinance was adopted on October 20, 1986 by the | ||||||
12 | City of Elmhurst, or (MM) if the ordinance was adopted on | ||||||
13 | January 19, 1988 by the City of
Waukegan, or (NN) if the | ||||||
14 | ordinance was adopted on September 21, 1998 by the City of
| ||||||
15 | Waukegan, or (OO) if the ordinance was adopted on December 31, | ||||||
16 | 1986 by the City of Sullivan, or (PP) if the ordinance was | ||||||
17 | adopted on December 23, 1991 by the City of Sullivan, or (QQ) | ||||||
18 | if the ordinance was adopted on December 31, 1986 by the City | ||||||
19 | of Oglesby, or (RR) if the ordinance was adopted on July 28, | ||||||
20 | 1987 by the City of Marion, or (SS) if the ordinance was | ||||||
21 | adopted on April 23, 1990 by the City of Marion, or (TT) if the | ||||||
22 | ordinance was adopted on August 20, 1985 by the Village of | ||||||
23 | Mount Prospect, or (UU) if the ordinance was adopted on | ||||||
24 | February 2, 1998 by the Village of Woodhull, or (VV) if the | ||||||
25 | ordinance was adopted on April 20, 1993 by the Village of | ||||||
26 | Princeville, or (WW)
(VV) if the ordinance was adopted on July |
| |||||||
| |||||||
1 | 1, 1986 by the City of Granite City, or (XX)
(RR) if the | ||||||
2 | ordinance was adopted on February 2, 1989 by the Village of | ||||||
3 | Lombard, or (YY)
(VV) if the ordinance was adopted on December | ||||||
4 | 29, 1986 by the Village of Gardner, or (ZZ)
(VV) if the | ||||||
5 | ordinance was adopted on July 14, 1999 by the Village of Paw | ||||||
6 | Paw and, for redevelopment
project areas for which bonds were | ||||||
7 | issued
before July
29, 1991, in connection with a redevelopment | ||||||
8 | project in the area within the
State Sales Tax Boundary and | ||||||
9 | which were extended by municipal ordinance under
subsection (n) | ||||||
10 | of Section 11-74.4-3, the last maturity of the refunding
| ||||||
11 | obligations shall not be expressed to mature later than the | ||||||
12 | date on which the
redevelopment project area is terminated or | ||||||
13 | December 31, 2013, whichever date
occurs first.
| ||||||
14 | In the event a municipality issues obligations under home | ||||||
15 | rule powers or
other legislative authority the proceeds of | ||||||
16 | which are pledged to pay
for redevelopment project costs, the | ||||||
17 | municipality may, if it has followed
the procedures in | ||||||
18 | conformance with this division, retire said obligations
from | ||||||
19 | funds in the special tax allocation fund in amounts and in such | ||||||
20 | manner
as if such obligations had been issued pursuant to the | ||||||
21 | provisions of this
division.
| ||||||
22 | All obligations heretofore or hereafter issued pursuant to | ||||||
23 | this Act shall
not be regarded as indebtedness of the | ||||||
24 | municipality issuing such obligations
or any other taxing | ||||||
25 | district for the purpose of any limitation imposed by law.
| ||||||
26 | (Source: P.A. 93-298, eff. 7-23-03; 93-708, eff. 1-1-05; |
| |||||||
| |||||||
1 | 93-747, eff. 7-15-04; 93-924, eff. 8-12-04; 93-983, eff. | ||||||
2 | 8-23-04; 93-984, eff. 8-23-04; 93-985, eff. 8-23-04; 93-986, | ||||||
3 | eff. 8-23-04; 93-987, eff. 8-23-04; 93-995, eff. 8-23-04; | ||||||
4 | 93-1024, eff. 8-25-04; 93-1076, eff. 1-18-05; 94-260, eff. | ||||||
5 | 7-19-05; 94-297, eff. 7-21-05; 94-302, eff. 7-21-05; 94-702, | ||||||
6 | eff. 6-1-06; 94-704, eff. 12-5-05; 94-711, eff. 6-1-06; 94-778, | ||||||
7 | eff. 5-19-06; 94-782, eff. 5-19-06; 94-783, eff. 5-19-06; | ||||||
8 | 94-810, eff. 5-26-06; 94-903, eff. 6-22-06; revised 8-3-06.)
| ||||||
9 | (65 ILCS 5/11-124-1) (from Ch. 24, par. 11-124-1)
| ||||||
10 | Sec. 11-124-1. Contracts for supply of water.
| ||||||
11 | (a) The corporate authorities of each municipality may | ||||||
12 | contract
with any person, corporation, municipal corporation, | ||||||
13 | political subdivision,
public water district or any other | ||||||
14 | agency for a supply of water. Any such
contract entered into by | ||||||
15 | a municipality shall provide that payments to be
made | ||||||
16 | thereunder shall be solely from the revenues to be derived from | ||||||
17 | the
operation of the waterworks system of the municipality, and | ||||||
18 | the contract
shall be a continuing valid and binding obligation | ||||||
19 | of the municipality
payable from the revenues derived from the | ||||||
20 | operation of the waterworks
system of the municipality for the | ||||||
21 | period of years, not to exceed 40, as may
be provided in such | ||||||
22 | contract. Any such contract shall not be a debt within the
| ||||||
23 | meaning of any constitutional or statutory limitation. No prior | ||||||
24 | appropriation
shall be required before entering into such a | ||||||
25 | contract and no appropriation
shall be required to authorize |
| |||||||
| |||||||
1 | payments to be made under the terms of any
such contract | ||||||
2 | notwithstanding any provision in this Code to the contrary.
| ||||||
3 | (b)
(a) Payments to be made under any such contract shall | ||||||
4 | be an
operation and
maintenance expense of the waterworks | ||||||
5 | system of the municipality. Any such
contract made by a | ||||||
6 | municipality for a supply of water may contain provisions
| ||||||
7 | whereby the municipality is obligated to pay for such supply of | ||||||
8 | water
without setoff or counterclaim and irrespective of | ||||||
9 | whether such supply of
water is ever furnished, made available | ||||||
10 | or delivered to the municipality or
whether any project for the | ||||||
11 | supply of water contemplated by any such
contract is completed, | ||||||
12 | operable or operating and notwithstanding
any suspension, | ||||||
13 | interruption, interference, reduction or curtailment of the
| ||||||
14 | supply of water from such project. Any such contract may | ||||||
15 | provide that if
one or more of the other purchasers of water | ||||||
16 | defaults in the payment of its
obligations under such contract | ||||||
17 | or a similar contract made with the
supplier of the water, one | ||||||
18 | or more of the remaining purchasers party to
such contract or | ||||||
19 | such similar contract shall be required to pay for all or
a | ||||||
20 | portion of the obligations of the defaulting purchasers.
| ||||||
21 | (c)
(b) Payments to
be made under any such contract with a | ||||||
22 | municipal joint action water
agency under the | ||||||
23 | Intergovernmental Cooperation Act shall be an operation and
| ||||||
24 | maintenance expense of the waterworks system of the | ||||||
25 | municipality. Any such
contract made by a municipality for a | ||||||
26 | supply of water with a municipal
joint action water agency |
| |||||||
| |||||||
1 | under the provisions of the Intergovernmental
Cooperation Act | ||||||
2 | may contain provisions
whereby the municipality is obligated to | ||||||
3 | pay for such supply of water
without setoff or counterclaim and | ||||||
4 | irrespective of whether such supply of
water is ever furnished, | ||||||
5 | made available or delivered to the municipality or
whether any | ||||||
6 | project for the supply of water contemplated by any such
| ||||||
7 | contract is completed, operable or operating and | ||||||
8 | notwithstanding
any suspension, interruption, interference, | ||||||
9 | reduction or curtailment of the
supply of water from such | ||||||
10 | project. Any such contract with a municipal
joint action water | ||||||
11 | agency may provide that if
one or more of the other purchasers | ||||||
12 | of water defaults in the payment of its
obligations under such | ||||||
13 | contract or a similar contract made with the
supplier of the | ||||||
14 | water, one or more of the remaining purchasers party to
such | ||||||
15 | contract or such similar contract shall be required to pay for | ||||||
16 | all or
a portion of the obligations of the defaulting | ||||||
17 | purchasers.
| ||||||
18 | The changes in this Section made by these amendatory Acts | ||||||
19 | of 1984 are
intended to be declarative of existing law.
| ||||||
20 | (d)
(b) A municipality with a water supply contract with a | ||||||
21 | county
water commission organized pursuant to the Water | ||||||
22 | Commission Act of 1985
shall provide water to unincorporated | ||||||
23 | areas of that home county in accordance
with the terms of this | ||||||
24 | subsection. The provision of water by the municipality
shall be | ||||||
25 | in accordance with a mandate of the home county as provided
in | ||||||
26 | Section 0.01 of the Water Commission Act of 1985.
A home rule |
| |||||||
| |||||||
1 | unit may not provide water
in a manner that is inconsistent | ||||||
2 | with the provisions of this
amendatory Act of the 93rd General | ||||||
3 | Assembly. This subsection is a limitation
under subsection (i) | ||||||
4 | of Section 6 of Article VII of the Illinois Constitution
on the | ||||||
5 | concurrent exercise by home rule units of powers and functions | ||||||
6 | exercised
by the State.
| ||||||
7 | (Source: P.A. 93-226, eff. 7-22-03; revised 10-9-03.)
| ||||||
8 | Section 480. The Civic Center Code is amended by changing | ||||||
9 | Sections 2-20 and 280-20 as follows:
| ||||||
10 | (70 ILCS 200/2-20)
| ||||||
11 | Sec. 2-20. Rights and powers, including eminent domain. The | ||||||
12 | Authority
shall have the following
rights and powers:
| ||||||
13 | (a) To acquire, purchase, own, construct, lease as lessee | ||||||
14 | or in any other
way acquire, improve, extend, repair, | ||||||
15 | reconstruct, regulate, operate, equip
and maintain exhibition | ||||||
16 | centers, civic auditoriums, cultural facilities
and office | ||||||
17 | buildings, including sites and parking areas and commercial
| ||||||
18 | facilities therefor located within the metropolitan area;
| ||||||
19 | (b) To plan for such grounds, centers and auditoriums and | ||||||
20 | to plan, sponsor,
hold, arrange and finance fairs, industrial, | ||||||
21 | cultural, educational, trade
and scientific exhibits, shows | ||||||
22 | and events and to use or allow the use
of such grounds, | ||||||
23 | centers, and auditoriums
for the holding of fairs, exhibits, | ||||||
24 | shows and events whether conducted
by the Authority or some |
| |||||||
| |||||||
1 | other person
or governmental agency;
| ||||||
2 | (c) To exercise the right of eminent domain to acquire | ||||||
3 | sites for such
grounds, centers, buildings and auditoriums, and | ||||||
4 | parking areas and facilities
in the
manner provided for the | ||||||
5 | exercise of the right of eminent domain under the Eminent | ||||||
6 | Domain Act;
| ||||||
7 | (d) To fix and collect just, reasonable and | ||||||
8 | nondiscriminatory charges
and rents for the use of such parking | ||||||
9 | areas and facilities, grounds, centers,
buildings and
| ||||||
10 | auditoriums and admission charges to fairs, shows, exhibits and | ||||||
11 | events
sponsored
or held by the Authority. The charges | ||||||
12 | collected may be made available
to defray the reasonable | ||||||
13 | expenses of the Authority and to pay the principal
of and the | ||||||
14 | interest on any bonds issued by the Authority;
| ||||||
15 | (e) To enter into contracts treating in any manner with the | ||||||
16 | objects and
purposes of this Article.
| ||||||
17 | (f) Notwithstanding any other provision of this Article, | ||||||
18 | any power granted under this Article to acquire property by | ||||||
19 | condemnation or eminent domain is subject to, and shall be | ||||||
20 | exercised in accordance with, the Eminent Domain Act.
| ||||||
21 | (Source: P.A. 94-1055, eff. 1-1-07; revised 10-6-06.)
| ||||||
22 | (70 ILCS 200/280-20)
| ||||||
23 | Sec. 280-20. Rights and powers. The Authority shall have
| ||||||
24 | the following rights and powers:
| ||||||
25 | (a) To purchase, own, construct, lease as lessee or in any |
| |||||||
| |||||||
1 | other way
acquire, improve, extend, repair, reconstruct, | ||||||
2 | regulate, operate, equip
and maintain fair and expositions | ||||||
3 | grounds, convention or exhibition
centers, civic auditoriums, | ||||||
4 | including sites and parking areas and
facilities therefor | ||||||
5 | located within the metropolitan area and office buildings,
if | ||||||
6 | such buildings are acquired as part of the main auditorium | ||||||
7 | complex;
| ||||||
8 | (b) To plan for such grounds, centers and auditoriums and | ||||||
9 | to plan,
sponsor, hold, arrange and finance fairs, industrial, | ||||||
10 | cultural,
educational, theatrical, sports, trade and | ||||||
11 | scientific exhibits, shows
and events and to use or allow the | ||||||
12 | use of such grounds, centers and
auditoriums for the holding of | ||||||
13 | fairs, exhibits, shows and events whether
conducted by the | ||||||
14 | Authority or some other person or governmental agency;
| ||||||
15 | (c) To exercise the right of eminent domain to acquire | ||||||
16 | sites for
such grounds, centers and auditoriums, and parking | ||||||
17 | areas and facilities
in the manner provided for the exercise of | ||||||
18 | the
right of eminent domain under the Eminent Domain Act;
| ||||||
19 | (d) To fix and collect just, reasonable and | ||||||
20 | nondiscriminatory
charges for the use of such parking areas and | ||||||
21 | facilities, grounds,
centers and auditoriums and admission | ||||||
22 | charges to fairs, shows, exhibits
and events sponsored or held | ||||||
23 | by the Authority. The charges collected
may be made available | ||||||
24 | to defray the reasonable expenses of the Authority
and to pay | ||||||
25 | the principal of and the interest on any bonds issued by the
| ||||||
26 | Authority;
|
| |||||||
| |||||||
1 | (d-5) To sell the following real property and retain the | ||||||
2 | proceeds from the sale: the 2 Rialto Square Building at the | ||||||
3 | southeast corner of Chicago Street and Clinton Street, legally | ||||||
4 | described as follows: Lot 1 and Lot 2 in Block 3 in East Juliet | ||||||
5 | (now Joliet) in the City of Joliet in Will County, Illinois; | ||||||
6 | and
| ||||||
7 | (e) To enter into contracts treating any manner with the | ||||||
8 | objects and
purposes of this Article.
| ||||||
9 | (Source: P.A. 94-790, eff. 5-19-06; 94-1055, eff. 1-1-07; | ||||||
10 | revised 8-3-06.)
| ||||||
11 | Section 485. The Eastern Illinois
Economic Development | ||||||
12 | Authority
Act is amended by changing Section 40 as follows: | ||||||
13 | (70 ILCS 506/40)
| ||||||
14 | Sec. 40. Bonds and notes; exemption from taxation. The | ||||||
15 | creation of the
Authority is in all respects for
the benefit of | ||||||
16 | the people of Illinois and for the improvement of their health,
| ||||||
17 | safety, welfare, comfort, and
security, and its purposes are | ||||||
18 | public purposes. In consideration thereof, the
notes and bonds | ||||||
19 | of the
Authority issued pursuant to this Act and the income | ||||||
20 | from these notes and bonds
may be free from all
taxation by the | ||||||
21 | State or its political subdivisions, except for
exempt from
| ||||||
22 | estate,
transfer, and inheritance taxes. The
exemption from | ||||||
23 | taxation provided by the preceding sentence shall apply to the
| ||||||
24 | income on any notes or
bonds of the Authority only if the |
| |||||||
| |||||||
1 | Authority in its sole judgment determines
that the exemption | ||||||
2 | enhances
the marketability of the bonds or notes or reduces the | ||||||
3 | interest rates that
would otherwise be borne by the
bonds or | ||||||
4 | notes. For purposes of Section 250 of the Illinois Income Tax | ||||||
5 | Act, the
exemption of the Authority
shall terminate after all | ||||||
6 | of the bonds have been paid. The amount of such income that | ||||||
7 | shall be added and
then subtracted on the Illinois income tax | ||||||
8 | return of a taxpayer, subject to Section 203 of the Illinois | ||||||
9 | Income
Tax Act, from federal adjusted gross income or federal | ||||||
10 | taxable income in computing Illinois base income
shall be the | ||||||
11 | interest net of any bond premium amortization.
| ||||||
12 | (Source: P.A. 94-203, eff. 7-13-05; revised 9-18-06.) | ||||||
13 | Section 490. The Joliet Arsenal Development Authority Act | ||||||
14 | is amended by changing Section 40 as follows:
| ||||||
15 | (70 ILCS 508/40)
| ||||||
16 | Sec. 40. Acquisition.
| ||||||
17 | (a) The Authority may, but need not, acquire title to any
| ||||||
18 | project with respect to which it exercises its authority.
| ||||||
19 | (b) The Authority shall have power to acquire by purchase, | ||||||
20 | lease, gift, or
otherwise any property or rights therein from | ||||||
21 | any person, the
State of Illinois, any municipal corporation, | ||||||
22 | any local unit of government, the
government of the United | ||||||
23 | States, any agency or instrumentality of the
United States, any | ||||||
24 | body politic, or any county useful for its purposes, whether
|
| |||||||
| |||||||
1 | improved for the purposes of any prospective project or | ||||||
2 | unimproved. The
Authority may also accept any donation of funds | ||||||
3 | for its
purposes from any of those sources.
| ||||||
4 | (c) The Authority shall have power to develop, construct, | ||||||
5 | and improve,
either under its own direction or through | ||||||
6 | collaboration with any approved
applicant, or to acquire | ||||||
7 | through purchase or otherwise any project, using
for that | ||||||
8 | purpose the proceeds derived from its sale of revenue bonds, | ||||||
9 | notes,
or other evidences of indebtedness or governmental loans | ||||||
10 | or grants, and to
hold title in the name of the Authority to | ||||||
11 | those projects.
| ||||||
12 | (d) The Authority shall have the power to enter into | ||||||
13 | intergovernmental
agreements with the State of Illinois, the | ||||||
14 | county of Will,
the Illinois Finance Authority,
the | ||||||
15 | Metropolitan Pier and Exposition
Authority, the United States | ||||||
16 | government, any agency or instrumentality
of the United States, | ||||||
17 | any unit of local government located within the
territory of | ||||||
18 | the Authority, or any other unit of government to the extent
| ||||||
19 | allowed by Article VII, Section 10 of the Illinois Constitution | ||||||
20 | and the
Intergovernmental Cooperation Act.
| ||||||
21 | (e) The Authority shall have the power to share employees | ||||||
22 | with other
units of government, including agencies of the | ||||||
23 | United States, agencies of
the State of Illinois, and agencies | ||||||
24 | or personnel of any unit of local
government.
| ||||||
25 | (f) Subject to subsection (i) of Section 35 of this Act, | ||||||
26 | the Authority shall
have the power to exercise powers and issue
|
| |||||||
| |||||||
1 | revenue bonds as if it were a municipality so authorized in | ||||||
2 | Divisions 12.1, 74,
74.1, 74.3, and 74.5 of Article 11 of the | ||||||
3 | Illinois Municipal Code.
| ||||||
4 | (g) All property owned by
the Joliet Arsenal Development | ||||||
5 | Authority is exempt from property taxes.
Any property owned by | ||||||
6 | the
Joliet Arsenal Development Authority and leased to an | ||||||
7 | entity that is not exempt
shall remain exempt. The leasehold | ||||||
8 | interest of the lessee shall be assessed
under Section 9-195 of | ||||||
9 | the Property Tax Code.
| ||||||
10 | (Source: P.A. 93-205, eff. 1-1-04; 93-421, eff. 8-5-03; revised | ||||||
11 | 9-11-03.)
| ||||||
12 | Section 495. The Southeastern Illinois
Economic | ||||||
13 | Development Authority
Act is amended by changing Section 40 as | ||||||
14 | follows: | ||||||
15 | (70 ILCS 518/40)
| ||||||
16 | Sec. 40. Bonds and notes; exemption from taxation. The | ||||||
17 | creation of the
Authority is in all respects for
the benefit of | ||||||
18 | the people of Illinois and for the improvement of their health,
| ||||||
19 | safety, welfare, comfort, and
security, and its purposes are | ||||||
20 | public purposes. In consideration thereof, the
notes and bonds | ||||||
21 | of the
Authority issued pursuant to this Act and the income | ||||||
22 | from these notes and bonds
may be free from all
taxation by the | ||||||
23 | State or its political subdivisions, except
exempt for estate,
| ||||||
24 | transfer, and inheritance taxes. The
exemption from taxation |
| |||||||
| |||||||
1 | provided by the preceding sentence shall apply to the
income on | ||||||
2 | any notes or
bonds of the Authority only if the Authority in | ||||||
3 | its sole judgment determines
that the exemption enhances
the | ||||||
4 | marketability of the bonds or notes or reduces the interest | ||||||
5 | rates that
would otherwise be borne by the
bonds or notes. For | ||||||
6 | purposes of Section 250 of the Illinois Income Tax Act, the
| ||||||
7 | exemption of the Authority
shall terminate after all of the | ||||||
8 | bonds have been paid. The amount of such income that shall be | ||||||
9 | added and
then subtracted on the Illinois income tax return of | ||||||
10 | a taxpayer, subject to Section 203 of the Illinois Income
Tax | ||||||
11 | Act, from federal adjusted gross income or federal taxable | ||||||
12 | income in computing Illinois base income
shall be the interest | ||||||
13 | net of any bond premium amortization.
| ||||||
14 | (Source: P.A. 93-968, eff. 8-20-04; revised 10-11-05.) | ||||||
15 | Section 500. The Western Illinois Economic Development | ||||||
16 | Authority Act is amended by changing Section 45 as follows: | ||||||
17 | (70 ILCS 532/45)
| ||||||
18 | Sec. 45. Bonds and notes; exemption from taxation. The | ||||||
19 | creation of the
Authority is in all respects for
the benefit of | ||||||
20 | the people of Illinois and for the improvement of their health,
| ||||||
21 | safety, welfare, comfort, and
security, and its purposes are | ||||||
22 | public purposes. In consideration thereof, the
notes and bonds | ||||||
23 | of the
Authority issued pursuant to this Act and the income | ||||||
24 | from these notes and bonds
may be free from all
taxation by the |
| |||||||
| |||||||
1 | State or its political subdivisions, except
exempt for estate,
| ||||||
2 | transfer, and inheritance taxes. The
exemption from taxation | ||||||
3 | provided by the preceding sentence shall apply to the
income on | ||||||
4 | any notes or
bonds of the Authority only if the Authority in | ||||||
5 | its sole judgment determines
that the exemption enhances
the | ||||||
6 | marketability of the bonds or notes or reduces the interest | ||||||
7 | rates that
would otherwise be borne by the
bonds or notes. For | ||||||
8 | purposes of Section 250 of the Illinois Income Tax Act, the
| ||||||
9 | exemption of the Authority
shall terminate after all of the | ||||||
10 | bonds have been paid. The amount of such income that shall be | ||||||
11 | added and
then subtracted on the Illinois income tax return of | ||||||
12 | a taxpayer, subject to Section 203 of the Illinois Income
Tax | ||||||
13 | Act, from federal adjusted gross income or federal taxable | ||||||
14 | income in computing Illinois base income
shall be the interest | ||||||
15 | net of any bond premium amortization.
| ||||||
16 | (Source: P.A. 93-874, eff. 8-6-04; revised 9-18-06.) | ||||||
17 | Section 505. The Fire Protection District Act is amended by | ||||||
18 | changing Sections 4a and 6 as follows:
| ||||||
19 | (70 ILCS 705/4a) (from Ch. 127 1/2, par. 24.1)
| ||||||
20 | Sec. 4a. Change to elected board of trustees; petition; | ||||||
21 | election; ballot; nomination and election of trustees.
Any fire | ||||||
22 | protection district organized under this Act may
determine, in | ||||||
23 | either manner provided in the following items (1) and (2) of | ||||||
24 | this
Section, to have an elected, rather than an appointed, |
| |||||||
| |||||||
1 | board of trustees.
| ||||||
2 | (1) If the district lies wholly within a single | ||||||
3 | township but does not
also lie wholly within a | ||||||
4 | municipality, the township board of trustees
may | ||||||
5 | determine, by ordinance, to have an elected board of | ||||||
6 | trustees.
| ||||||
7 | (2) Upon presentation to the board of trustees of a | ||||||
8 | petition, signed
by not less than 10% of the electors of | ||||||
9 | the district, requesting that a
proposition for the | ||||||
10 | election of trustees be submitted to the electors of the
| ||||||
11 | district, the secretary of the board of trustees shall | ||||||
12 | certify the proposition
to the appropriate election | ||||||
13 | authorities who shall submit the proposition at
a regular | ||||||
14 | election in accordance with the general election law.
The | ||||||
15 | general election law shall apply to and govern such | ||||||
16 | election. The
proposition shall be in substantially the | ||||||
17 | following form:
| ||||||
18 | -------------------------------------------------------------
| ||||||
19 | Shall the trustees of...... YES
| ||||||
20 | Fire Protection District be ---------------------
| ||||||
21 | elected, rather than appointed? NO
| ||||||
22 | -------------------------------------------------------------
| ||||||
23 | If a majority of the votes cast on such proposition are | ||||||
24 | in the affirmative,
the trustees of the district shall | ||||||
25 | thereafter be elected as provided by this
Section.
| ||||||
26 | At the next regular election for trustees as provided by |
| |||||||
| |||||||
1 | the general election
law, a district that has approved by | ||||||
2 | ordinance or referendum to have its
trustees elected rather | ||||||
3 | than appointed shall elect 3, 5, or 7 trustees, as
previously | ||||||
4 | determined by the organization of the district or as increased | ||||||
5 | under
Section 4.01 or 4.02. The initial elected trustees shall | ||||||
6 | be elected for 2, 4,
and 6 year terms. In a district with 3 | ||||||
7 | trustees, one trustee shall be elected
for a term of 2 years, | ||||||
8 | one for a term of 4 years, and one for a term of 6
years. In a | ||||||
9 | district with 5 trustees, 2 shall be elected for terms of 2
| ||||||
10 | years, 2 for terms of 4 years, and one for a term of 6 years. In | ||||||
11 | a district
with 7 trustees, 3 shall be elected for terms of 2 | ||||||
12 | years, 2 for terms of 4
years, and 2 for terms of 6 years. | ||||||
13 | Except as otherwise provided in Section
2A-54 of the Election | ||||||
14 | Code, the term of each elected trustee shall
commence on the | ||||||
15 | third Monday of the month following the month of his election
| ||||||
16 | and until his successor is elected and qualified. The length of | ||||||
17 | the terms of
the trustees first elected shall be determined by | ||||||
18 | lot at their first meeting.
Except as otherwise provided in | ||||||
19 | Section 2A-54 of the Election Code,
thereafter, each trustee | ||||||
20 | shall be elected to serve for a term of 6 years
commencing on | ||||||
21 | the third Monday of the month following the month of his | ||||||
22 | election
and until his successor is elected and qualified.
| ||||||
23 | No party designation shall appear on the ballot for | ||||||
24 | election of trustees.
The provisions of the general election | ||||||
25 | law shall apply to and govern
the nomination and election of | ||||||
26 | trustees.
|
| |||||||
| |||||||
1 | Nominations for members of the board of trustees shall be | ||||||
2 | made by a petition signed by at least 25 voters or 5% of the | ||||||
3 | voters, whichever is less, residing within the district and | ||||||
4 | shall be filed with the secretary of the board. In addition to | ||||||
5 | the requirements of general election law, the form of the | ||||||
6 | petition shall be as follows: | ||||||
7 | NOMINATING PETITIONS
| ||||||
8 | To the Secretary of the Board of Trustees of (name of fire | ||||||
9 | protection district): | ||||||
10 | We, the undersigned, being (number of signatories or 5% or | ||||||
11 | more) of the voters residing within the district, hereby | ||||||
12 | petition that (name of candidate) who resides at (address of | ||||||
13 | candidate) in this district shall be a candidate for the office | ||||||
14 | of (office) of the Board of Trustees (full-term or vacancy) to | ||||||
15 | be voted for at the election to be held (date of election). | ||||||
16 | The secretary of the board shall notify each candidate for | ||||||
17 | whom a petition for nomination has been filed of their | ||||||
18 | obligations under the Campaign Financing Act, as required by | ||||||
19 | the general election law. The notice shall be given on a form | ||||||
20 | prescribed by the State Board of Elections and in accordance | ||||||
21 | with the requirements of the general election law.
| ||||||
22 | The secretary shall, within 7 days of filing or on the
last | ||||||
23 | day for filing, whichever is earlier, acknowledge to the | ||||||
24 | petitioner
in writing his acceptance of the petition.
| ||||||
25 | The provisions of Section 4 relating to eligibility, powers | ||||||
26 | and disabilities
of trustees shall apply equally to elected |
| |||||||
| |||||||
1 | trustees.
| ||||||
2 | Whenever a fire protection district determines to elect | ||||||
3 | trustees as provided
in this Section, the trustees appointed | ||||||
4 | pursuant to Section 4 shall continue
to constitute the board of | ||||||
5 | trustees until the third Monday of the month
following the | ||||||
6 | month of the first election of trustees.
If the term of office | ||||||
7 | of any appointed trustees expires before the first
election of | ||||||
8 | trustees, the authority which appointed that trustee under | ||||||
9 | Section
4 of this Act shall appoint a successor to serve until | ||||||
10 | a successor is
elected and has qualified. The terms of all | ||||||
11 | appointed trustees in such
district shall expire on the third | ||||||
12 | Monday of the month following the
month of the first election | ||||||
13 | of trustees under this Section or when
successors have been | ||||||
14 | elected and have qualified, whichever occurs later.
| ||||||
15 | (Source: P.A. 93-847, eff. 7-30-04; 93-952, eff. 1-1-05; | ||||||
16 | revised 10-14-04.)
| ||||||
17 | (70 ILCS 705/6) (from Ch. 127 1/2, par. 26)
| ||||||
18 | Sec. 6. Board of trustees; powers.
| ||||||
19 | (a) The trustees shall constitute a board of trustees for | ||||||
20 | the
district for which they are appointed, which board of | ||||||
21 | trustees is
declared to be the corporate authority of the fire | ||||||
22 | protection district,
and shall exercise all of the powers and | ||||||
23 | control all the affairs and
property of such district.
| ||||||
24 | The board of trustees at their initial
meeting and at their | ||||||
25 | first meeting following the commencement of the
term of any |
| |||||||
| |||||||
1 | trustee shall elect one of their number as president and one
of | ||||||
2 | their number as secretary and shall elect a treasurer for the
| ||||||
3 | district, who may be one of the trustees or may be any other | ||||||
4 | citizen of
the district and who shall hold office during the | ||||||
5 | pleasure of the board
and who shall give such bond as may be | ||||||
6 | required by the board.
| ||||||
7 | (b) Except as otherwise provided in Sections 16.01 through | ||||||
8 | 16.18, the
board may appoint and enter into a multi-year | ||||||
9 | contract not exceeding 3 years
with a fire chief and may | ||||||
10 | appoint any firemen that may be necessary for the
district , who | ||||||
11 | shall hold office during the pleasure of the board and who
| ||||||
12 | shall give any bond that the board may require. The board may | ||||||
13 | prescribe the
duties and fix the compensation of all the | ||||||
14 | officers and employees of the fire
protection district.
| ||||||
15 | (c) A member of the board of trustees of a
fire protection | ||||||
16 | district may be compensated as follows: in a district
having | ||||||
17 | fewer than 4 full time paid firemen, a sum not to exceed $1,000 | ||||||
18 | per
annum; in a district having more than 3 but less than 10 | ||||||
19 | full time paid
firemen, a sum not to exceed $1,500 per annum; | ||||||
20 | in a district having
either 10 or more full time paid firemen, | ||||||
21 | a sum not to exceed $2,000 per
annum. In addition, fire | ||||||
22 | districts that operate an ambulance service
pursuant to | ||||||
23 | authorization by referendum, as provided in Section 22, may
pay | ||||||
24 | trustees an additional annual compensation not to exceed 50% of | ||||||
25 | the
amount otherwise authorized herein. The additional | ||||||
26 | compensation shall
be an administrative expense of the |
| |||||||
| |||||||
1 | ambulance service and shall be paid
from revenues raised by the | ||||||
2 | ambulance tax levy.
| ||||||
3 | (d) The trustees also have
the express power to execute a | ||||||
4 | note or notes and to execute a mortgage
or trust deed to secure | ||||||
5 | the payment of such note or notes; such trust
deed or mortgage | ||||||
6 | shall cover real estate, or some part thereof, or personal
| ||||||
7 | property owned by the district and the lien of the mortgage | ||||||
8 | shall apply to
the real estate or personal property so | ||||||
9 | mortgaged by the district, and the
proceeds of the note or | ||||||
10 | notes may be used in the acquisition of personal
property or of | ||||||
11 | real estate or in the erection of improvements on such real
| ||||||
12 | estate.
| ||||||
13 | The trustees have express power to
purchase either real | ||||||
14 | estate or personal property to be used for the
purposes of the | ||||||
15 | fire protection district through contracts which provide
for | ||||||
16 | the consideration for such purchase to be paid through | ||||||
17 | installments
to be made at stated intervals during a certain | ||||||
18 | period of time, but, in
no case, shall such contracts provide | ||||||
19 | for the consideration to be paid
during a period of time in | ||||||
20 | excess of 25 years.
| ||||||
21 | (e) The trustees have
express power to provide for the | ||||||
22 | benefit of its employees, volunteer
firemen and paid firemen, | ||||||
23 | group life, health, accident, hospital and
medical insurance, | ||||||
24 | or any combination thereof; and to pay for all or any
portion | ||||||
25 | of the premiums on such insurance. Such insurance may include
| ||||||
26 | provisions for employees who rely on treatment by spiritual |
| |||||||
| |||||||
1 | means alone
through prayer for healing in accord with the | ||||||
2 | tenets and practice of a
well recognized religious | ||||||
3 | denomination.
| ||||||
4 | (f) To encourage continued service with the district, the | ||||||
5 | board of
trustees has the express power to award monetary | ||||||
6 | incentives, not to exceed
$240 per year, to volunteer | ||||||
7 | firefighters of the district based on the length
of service. To | ||||||
8 | be eligible for the incentives, the volunteer firefighters
must | ||||||
9 | have at least 5 years of service with the district. The amount | ||||||
10 | of the
incentives may not be greater than 2% of the annual levy | ||||||
11 | amount when all
incentive awards are combined.
| ||||||
12 | (g) The board of trustees has express power to change the | ||||||
13 | corporate
name of the fire protection district by ordinance ,
| ||||||
14 | provided that
notification of any change is given to the | ||||||
15 | circuit clerk and the Office
of the State Fire Marshal.
| ||||||
16 | (h) The board of trustees may impose reasonable civil | ||||||
17 | penalties on
individuals who repeatedly cause false fire | ||||||
18 | alarms.
| ||||||
19 | (i) The board of trustees has full power to pass all | ||||||
20 | necessary
ordinances, and rules and regulations for the proper | ||||||
21 | management and conduct
of the business of the board of trustees | ||||||
22 | of the fire protection district for
carrying into effect the | ||||||
23 | objects for which the district was formed.
| ||||||
24 | (Source: P.A. 93-302, eff. 1-1-04; 93-589, eff. 1-1-04; revised | ||||||
25 | 10-3-03.)
|
| |||||||
| |||||||
1 | Section 510. The Park District Code is amended by changing | ||||||
2 | Section 5-1 as follows: | ||||||
3 | (70 ILCS 1205/5-1) (from Ch. 105, par. 5-1)
| ||||||
4 | Sec. 5-1. Each Park District has the power to levy and | ||||||
5 | collect taxes on
all the taxable property in the district for | ||||||
6 | all corporate purposes. The
commissioners may accumulate funds | ||||||
7 | for the purposes of building repairs and
improvements and may | ||||||
8 | annually levy taxes for such purposes in excess of
current | ||||||
9 | requirements for its other purposes but subject to the tax rate
| ||||||
10 | limitation as herein provided.
| ||||||
11 | All general taxes
proposed by the board to be levied upon | ||||||
12 | the taxable
property within the district shall be levied by | ||||||
13 | ordinance. A certified
copy of such levy ordinance shall be | ||||||
14 | filed with the county clerk of the
county in which the same is | ||||||
15 | to be collected not later than the last
Tuesday in December in | ||||||
16 | each year. The county clerk shall extend
such tax; provided, | ||||||
17 | the aggregate amount of taxes levied for any one year,
| ||||||
18 | exclusive of the amount levied for the payment of the principal | ||||||
19 | and
interest on bonded indebtedness of the district and taxes | ||||||
20 | authorized by
special referenda, shall not exceed, except as | ||||||
21 | otherwise provided in this
Section, the rate of .10%, or the | ||||||
22 | rate
limitation in effect on July 1, 1967, whichever is | ||||||
23 | greater, of the
value, as equalized or assessed by the | ||||||
24 | Department of Revenue.
| ||||||
25 | Notwithstanding any other provision of this Section, a
park
|
| |||||||
| |||||||
1 | district board of a park district lying wholly within one | ||||||
2 | county is
authorized to increase property taxes under this
| ||||||
3 | Section for corporate purposes for any one year so long as the
| ||||||
4 | increase is
offset by a like property tax levy reduction in one | ||||||
5 | or more of the park
district's
funds.
At the time that such | ||||||
6 | park district files its levy with the county clerk, it
shall | ||||||
7 | also certify to the county clerk that the park district has | ||||||
8 | complied with
and is authorized to act under this Section 5-1 | ||||||
9 | of the Park District Code.
In no instance shall
the increase | ||||||
10 | either
exceed or result in a reduction to the extension | ||||||
11 | limitation to which any park
district is subject under
Section | ||||||
12 | 18-195
of the Property Tax Code.
| ||||||
13 | Any funds on hand at the end of the fiscal year that are | ||||||
14 | not pledged for or
allocated to a particular purpose may, by | ||||||
15 | action of the board of commissioners,
be transferred to a | ||||||
16 | capital improvement fund and accumulated therein, but
the total | ||||||
17 | amount accumulated in the fund may not exceed 1.5% of the | ||||||
18 | aggregate
assessed valuation of all taxable property in the | ||||||
19 | park district.
| ||||||
20 | The foregoing limitations upon tax rates may be decreased | ||||||
21 | under the referendum provisions of the General Revenue Law of
| ||||||
22 | the State of Illinois.
| ||||||
23 | (Source: P.A. 93-434, eff. 8-5-03; 93-625, eff. 12-19-03; | ||||||
24 | revised 1-13-04.)
| ||||||
25 | Section 515. The West Cook Railroad Relocation and |
| |||||||
| |||||||
1 | Development Authority Act is amended by changing Section 15 as | ||||||
2 | follows:
| ||||||
3 | (70 ILCS 1920/15)
| ||||||
4 | Sec. 15. Acquisition of property. The Authority shall have | ||||||
5 | the power to
acquire by gift, purchase, or legacy the fee | ||||||
6 | simple title to real property
located within the boundaries of | ||||||
7 | the Authority, including temporary and
permanent easements, as | ||||||
8 | well as reversionary interests in the streets, alleys
and other | ||||||
9 | public
places and personal property, required for its purposes, | ||||||
10 | and title thereto
shall be taken in the corporate name of the | ||||||
11 | Authority. Any such property which
is already devoted to a | ||||||
12 | public use may nevertheless be acquired, provided that
no | ||||||
13 | property belonging to the United States of America or the State | ||||||
14 | of Illinois
may be acquired without the consent of such | ||||||
15 | governmental unit. No property
devoted to a public use | ||||||
16 | belonging to a corporation subject to the
jurisdiction of the | ||||||
17 | Illinois Commerce Commission may be acquired without a
prior | ||||||
18 | finding by the Illinois Commerce Commission that the taking | ||||||
19 | would not
result in the imposition of an undue burden on | ||||||
20 | intrastate
instrastate commerce. All land
and appurtenances | ||||||
21 | thereto, acquired or owned by the Authority, are to be
deemed | ||||||
22 | acquired or owned for a public use or public purpose.
| ||||||
23 | (Source: P.A. 91-562, eff. 8-14-99; revised 10-12-05.)
| ||||||
24 | Section 520. The Dixon Railroad Relocation Authority Law is |
| |||||||
| |||||||
1 | amended by changing Section 5-15 as follows:
| ||||||
2 | (70 ILCS 1925/5-15)
| ||||||
3 | Sec. 5-15. Acquisition of property. The Authority shall | ||||||
4 | have the power
to
acquire by gift, purchase, or legacy the fee | ||||||
5 | simple title to real property
located within the boundaries of | ||||||
6 | the Authority, including temporary and
permanent easements, as | ||||||
7 | well as reversionary interests in the streets, alleys
and other | ||||||
8 | public
places and personal property, required for its purposes, | ||||||
9 | and title thereto
shall be taken in the corporate name of the | ||||||
10 | Authority. Any such property that
is already devoted to a | ||||||
11 | public use may nevertheless be acquired, provided that
no | ||||||
12 | property belonging to the United States of America or the State | ||||||
13 | of Illinois
may be acquired without the consent of such | ||||||
14 | governmental unit. No property
devoted to a public use | ||||||
15 | belonging to a corporation subject to the
jurisdiction of the | ||||||
16 | Illinois Commerce Commission may be acquired without a
prior | ||||||
17 | finding by the Illinois Commerce Commission that the taking | ||||||
18 | would not
result in the imposition of an undue burden on | ||||||
19 | intrastate
instrastate commerce. All land
and appurtenances | ||||||
20 | thereto, acquired or owned by the Authority, are to be
deemed | ||||||
21 | acquired or owned for a public use or public purpose.
| ||||||
22 | (Source: P.A. 92-352, eff. 8-15-01; revised 10-12-05.)
| ||||||
23 | Section 525. The Metropolitan Water Reclamation District | ||||||
24 | Act is amended by setting forth, renumbering, and changing |
| |||||||
| |||||||
1 | multiple versions of Section 288 as follows:
| ||||||
2 | (70 ILCS 2605/288)
| ||||||
3 | Sec. 288. District enlarged. On March 7, 2002
Upon the | ||||||
4 | effective date
of this amendatory
Act of the 92nd General | ||||||
5 | Assembly , the corporate limits of the Metropolitan
Water | ||||||
6 | Reclamation District Act are extended to include within those | ||||||
7 | limits
the following described tracts of land, and those tracts | ||||||
8 | are annexed to the
District.
| ||||||
9 | (1) Parcel 1 (Canter Parcel)
| ||||||
10 | THAT PART OF SECTION 21 TOWNSHIP 41 NORTH, RANGE 9, EAST OF | ||||||
11 | THE THIRD
PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS: | ||||||
12 | COMMENCING AT NORTHWEST
CORNER OF THE NORTHEAST 1/4 OF THE | ||||||
13 | NORTHWEST 1/4 OF SAID SECTION 21;
THENCE SOUTH 00 DEGREES | ||||||
14 | 12 MINUTES 00 SECONDS WEST (DEED BEING
SOUTH), ALONG THE | ||||||
15 | WEST LINE OF SAID NORTHEAST 1/4 OF THE NORTHWEST
1/4, A | ||||||
16 | DISTANCE OF 574.20 FEET; THENCE SOUTH 69 DEGREES 48 MINUTES | ||||||
17 | 00
SECONDS EAST, A DISTANCE OF 181.20 FEET; THENCE SOUTH 28 | ||||||
18 | DEGREES 49
MINUTES 00 SECONDS EAST, A DISTANCE OF 720.45 | ||||||
19 | FEET; THENCE SOUTH 38
DEGREES 25 MINUTES 33 SECONDS WEST, A | ||||||
20 | DISTANCE OF 222.79 FEET (DEED
BEING SOUTH 33 DEGREES 37 | ||||||
21 | MINUTES 00 SECONDS WEST, 238.50 FEET) TO AN
IRON STAKE; | ||||||
22 | THENCE SOUTH 60 DEGREES 26 MINUTES 25 SECONDS EAST (DEED
| ||||||
23 | BEING SOUTH 59 DEGREES 41 MINUTES 00 SECONDS EAST), ALONG A | ||||||
24 | LINE THAT
WOULD INTERSECT THE EAST LINE OF SAID NORTHWEST |
| |||||||
| |||||||
1 | 1/4 OF SECTION 21 AT A
POINT THAT IS 669.25 FEET NORTHERLY | ||||||
2 | OF (AS MEASURED ALONG SAID EAST
LINE) THE CENTER OF SAID | ||||||
3 | SECTION 21, A DISTANCE OF 24.03 FEET FOR THE
POINT OF | ||||||
4 | BEGINNING; THENCE CONTINUING SOUTH 60 DEGREES 26 MINUTES 25
| ||||||
5 | SECONDS EAST, ALONG SAID LINE, A DISTANCE OF 629.56 FEET TO | ||||||
6 | THE
INTERSECTION WITH THE NORTHEASTERLY EXTENSION OF A LINE | ||||||
7 | PREVIOUSLY
SURVEYED AND MONUMENTED; THENCE SOUTH 38 | ||||||
8 | DEGREES 40 MINUTES 02
SECONDS WEST, ALONG SAID LINE, A | ||||||
9 | DISTANCE OF 1100.29 FEET (DEED BEING
SOUTH 39 DEGREES 55 | ||||||
10 | MINUTES 00 SECONDS WEST, 1098.70 FEET) TO THE
CENTER LINE | ||||||
11 | OF THE CHICAGO-ELGIN ROAD, (NOW KNOWN AS IRVING PARK
| ||||||
12 | BOULEVARD AND STATE ROUTE NO. 19) AS SHOWN ON THE PLAT OF
| ||||||
13 | DEDICATION RECORDED JUNE 9, 1933 AS DOCUMENT NO. 11245764 | ||||||
14 | AND AS
SHOWN ON A PLAT OF SURVEY DATED SEPTEMBER 22, 1932 | ||||||
15 | APPROVED BY THE
SUPERINTENDENT OF HIGHWAYS OF COOK COUNTY, | ||||||
16 | ILLINOIS ON DECEMBER 17,
1933; THENCE SOUTH 51 DEGREES 24 | ||||||
17 | MINUTES 19 SECONDS EAST, ALONG SAID
CENTER LINE, A DISTANCE | ||||||
18 | OF 597.60 FEET (DEED BEING SOUTHEASTERLY ALONG
CENTER LINE, | ||||||
19 | 620.50 FEET) TO A POINT OF CURVE IN SAID CENTER LINE,
| ||||||
20 | ACCORDING TO THE PLAT OF DEDICATION RECORDED FEBRUARY 16, | ||||||
21 | 1933 AS
DOCUMENT NO. 11200330 AND AFORESAID PLAT OF SURVEY; | ||||||
22 | THENCE
SOUTHEASTERLY, ALONG THE SAID CENTER LINE, BEING | ||||||
23 | ALONG A CURVE TO
THE LEFT, HAVING A RADIUS OF 4645.69 FEET | ||||||
24 | AND BEING TANGENT TO THE LAST
DESCRIBED COURSE AT THE LAST | ||||||
25 | DESCRIBED POINT, A DISTANCE OF 341.66 FEET
(DEED BEING | ||||||
26 | ALONG SAID CURVE, 338.30 FEET) TO THE INTERSECTION WITH A
|
| |||||||
| |||||||
1 | PREVIOUSLY SURVEYED AND MONUMENTED LINE; THENCE SOUTH 42 | ||||||
2 | DEGREES
46 MINUTES 09 SECONDS WEST, ALONG SAID LINE, A | ||||||
3 | DISTANCE OF 65.95 FEET
(DEED BEING SOUTH 44 DEGREES 41 | ||||||
4 | MINUTES 00 SECONDS WEST, 65 FEET) TO
THE CENTER LINE OF THE | ||||||
5 | OLD CHICAGO-ELGIN ROAD, ACCORDING TO THE
AFORESAID PLAT OF | ||||||
6 | SURVEY; THENCE NORTH 56 DEGREES 45 MINUTES 03
SECONDS WEST, | ||||||
7 | ALONG THE CENTER LINE OF THE SAID OLD CHICAGO-ELGIN
ROAD, A | ||||||
8 | DISTANCE OF 685.80 FEET (DEED BEING NORTH 54 DEGREES 52 | ||||||
9 | MINUTES
00 SECONDS WEST, 635.0 FEET) TO AN ANGLE IN SAID | ||||||
10 | CENTER LINE; THENCE
NORTH 44 DEGREES 23 MINUTES 58 SECONDS | ||||||
11 | WEST, ALONG SAID CENTER LINE, A
DISTANCE OF 878.23 FEET | ||||||
12 | (DEED BEING NORTH 44 DEGREES 23 MINUTES 00
SECONDS WEST) TO | ||||||
13 | A LINE THAT IS DRAWN SOUTH 38 DEGREES 35 MINUTES 41
SECONDS | ||||||
14 | WEST FROM THE POINT OF BEGINNING AND BEING PERPENDICULAR
TO | ||||||
15 | THE NORTHERLY RIGHT OF WAY LINE OF THE CHICAGO-ELGIN ROAD, | ||||||
16 | AS
DESCRIBED ON THE AFORESAID PLAT OF DEDICATION PER | ||||||
17 | DOCUMENT NO.
11245764 AND SHOWN ON THE AFORESAID PLAT OF | ||||||
18 | SURVEY; THENCE NORTH 38
DEGREES 35 MINUTES 41 SECONDS EAST, | ||||||
19 | ALONG SAID PERPENDICULAR LINE,
A DISTANCE OF 1011.41 FEET | ||||||
20 | TO THE POINT OF BEGINNING, (EXCEPTING
THEREFROM SUCH | ||||||
21 | PORTIONS THEREOF AS MAY HAVE BEEN HERETOFORE
CONVEYED OR | ||||||
22 | DEDICATED FOR HIGHWAY PURPOSES) IN COOK COUNTY, ILLINOIS.
| ||||||
23 | P.I.N.: 06-21-101-024-0000
| ||||||
24 | (2) Parcel 2 (T Bar J Ranch Parcel)
| ||||||
25 | PARCEL 1:
|
| |||||||
| |||||||
1 | THAT PART OF SECTION 21, TOWNSHIP 41 NORTH; RANGE 9 EAST OF | ||||||
2 | THE
THIRD PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS:
| ||||||
3 | COMMENCING AT THE NORTHWEST CORNER OF THE NORTHEAST 1/4 OF | ||||||
4 | THE
NORTHWEST 1/4 OF SAID SECTION 21; THENCE SOUTH ALONG | ||||||
5 | THE WEST LINE OF
THE NORTHEAST 1/4 OF THE NORTHWEST 1/4 OF | ||||||
6 | SAID SECTION, 574.20 FEET;
THENCE SOUTH 69 DEGREES 48 | ||||||
7 | MINUTES EAST, 181.20 FEET; THENCE SOUTH 28
DEGREES 49 | ||||||
8 | MINUTES EAST, 720.45 FEET; THENCE SOUTH 33 DEGREES 37
| ||||||
9 | MINUTES WEST, 238.50 FEET; THENCE SOUTH 75 DEGREES 29 | ||||||
10 | MINUTES WEST,
ALONG A FENCE LINE 510.8 FEET; THENCE SOUTH | ||||||
11 | 29 DEGREES 48 MINUTES WEST,
ALONG A FENCE LINE, 275.05 FEET | ||||||
12 | TO THE POINT OF BEGINNING; THENCE NORTH
67 DEGREES 40 | ||||||
13 | MINUTES WEST, 277.64 FEET; THENCE SOUTH 19 DEGREES 47
| ||||||
14 | MINUTES WEST, ALONG A FENCE LINE, 175.5 FEET TO THE | ||||||
15 | NORTHERLY RIGHT
OF WAY LINE OF A PUBLIC HIGHWAY KNOWN AS | ||||||
16 | IRVING PARK BOULEVARD;
THENCE SOUTH 50 DEGREES 21 MINUTES | ||||||
17 | EAST ALONG SAID NORTHERLY RIGHT
OF WAY LINE OF PUBLIC | ||||||
18 | HIGHWAY, A DISTANCE OF 248.3 FEET TO A POINT THAT
IS SOUTH | ||||||
19 | 29 DEGREES 48 MINUTES WEST, 251.15 FEET FROM THE POINT OF
| ||||||
20 | BEGINNING; THENCE NORTH 29 DEGREES 48 MINUTES, EAST ALONG A | ||||||
21 | FENCE
LINE 251.15 FEET TO A POINT OF BEGINNING, IN COOK | ||||||
22 | COUNTY, ILLINOIS.
| ||||||
23 | P.I.N.: 06-21-101-018-0000
| ||||||
24 | PARCEL 2:
| ||||||
25 | THAT PART OF SECTION 21, TOWNSHIP 41 NORTH, RANGE 9 EAST OF | ||||||
26 | THE
THIRD PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS: |
| |||||||
| |||||||
1 | COMMENCING AT THE
NORTHWEST CORNER OF THE NORTHEAST 1/4 OF | ||||||
2 | THE NORTHWEST 1/4 OF
SECTION 21 AFORESAID; THENCE SOUTH | ||||||
3 | ALONG THE WEST LINE OF THE
NORTHEAST 1/4 OF THE NORTHWEST | ||||||
4 | 1/4 OF SAID SECTION, 574.2 FEET; THENCE
SOUTH 69 DEGREES 48 | ||||||
5 | MINUTES EAST, 181.2 FEET; THENCE SOUTH 28 DEGREES 49
| ||||||
6 | MINUTES EAST, 720.45 FEET; THENCE SOUTH 33 DEGREES 37 | ||||||
7 | MINUTES WEST, 238.5
FEET; THENCE SOUTH 75 DEGREES 29 | ||||||
8 | MINUTES WEST, 203.4 FEET TO THE POINT
OF BEGINNING; THENCE | ||||||
9 | CONTINUING SOUTH 75 DEGREES 29 MINUTES WEST,
307.4 FEET; | ||||||
10 | THENCE SOUTH 29 DEGREES 48 MINUTES WEST, 275.05 FEET; | ||||||
11 | THENCE
NORTH 67 DEGREES 40 MINUTES WEST, 277.64 FEET; | ||||||
12 | THENCE SOUTH 19 DEGREES
47 MINUTES WEST ALONG A FENCE LINE, | ||||||
13 | 175.5 FEET TO NORTHERLY RIGHT OF
WAY LINE OF PUBLIC HIGHWAY | ||||||
14 | KNOWN AS IRVING PARK BOULEVARD; THENCE
NORTH 50 DEGREES 21 | ||||||
15 | MINUTES WEST ALONG SAID NORTHERLY RIGHT OF WAY
LINE OF | ||||||
16 | HIGHWAY 566.2 FEET; THENCE NORTH 17 DEGREES 17 MINUTES EAST
| ||||||
17 | ALONG A FENCE LINE 193.07 FEET; THENCE NORTH 84 DEGREES 47 | ||||||
18 | MINUTES EAST
988.44 FEET TO A FENCE LINE; THENCE SOUTH 31 | ||||||
19 | DEGREES 51 MINUTES EAST
ALONG SAID FENCE LINE, A DISTANCE | ||||||
20 | OF 282.19 FEET TO THE POINT OF BEGINNING
IN HANOVER | ||||||
21 | TOWNSHIP IN COOK COUNTY, ILLINOIS.
| ||||||
22 | P.I.N.: 06-21-101-022-0000
| ||||||
23 | (3) Parcel 3 (Gibas parcel)
| ||||||
24 | A PARCEL OF LAND IN SECTION 21, TOWNSHIP 41 NORTH, RANGE 9 | ||||||
25 | EAST OF THE
THIRD PRINCIPAL MERIDIAN, IN COOK COUNTY, |
| |||||||
| |||||||
1 | ILLINOIS, DESCRIBED AS FOLLOWS:
| ||||||
2 | COMMENCING AT THE NORTHWEST CORNER OF THE NORTHEAST 1/4 OF | ||||||
3 | THE
NORTHWEST 1/4 OF SAID SECTION 21, THENCE SOUTH ALONG | ||||||
4 | THE WEST LINE OF
SAID NORTHEAST 1/4 OF THE NORTHWEST 1/4, | ||||||
5 | 574.20 FEET; THENCE SOUTH 69
DEGREES 48 MINUTES EAST, | ||||||
6 | 181.20 FEET FOR A POINT OF BEGINNING, THENCE
SOUTH 28 | ||||||
7 | DEGREES 49 MINUTES EAST, 720.45 FEET; THENCE SOUTH 33 | ||||||
8 | DEGREES
37 MINUTES WEST, 238.5 FEET; THENCE SOUTH 75 | ||||||
9 | DEGREES 29 MINUTES WEST,
203.4 FEET TO A FENCE CORNER; | ||||||
10 | THENCE NORTH 31 DEGREES 51 MINUTES WEST
ALONG A FENCE LINE, | ||||||
11 | 512.8 FEET; THENCE NORTH 3 DEGREES 29 MINUTES WEST
ALONG | ||||||
12 | SAID FENCE LINE 263.6 FEET TO A POINT ON THE SOUTHERLY | ||||||
13 | RIGHT
OF WAY LINE OF NEW SCHAUMBURG ROAD THAT IS 311.0 FEET | ||||||
14 | MORE OR LESS
SOUTHWESTERLY OF THE POINT OF BEGINNING; | ||||||
15 | THENCE NORTHEASTERLY
ALONG THE SAID SOUTHERLY RIGHT OF WAY | ||||||
16 | LINE OF ROAD 311.0 FEET MORE OR
LESS TO THE POINT OF | ||||||
17 | BEGINNING, (EXCEPTING SUCH PORTIONS THEREOF AS
MAY FALL | ||||||
18 | WITHIN LOTS 10 OR 26 OF COUNTY CLERK'S DIVISION OF SECTION | ||||||
19 | 21
ACCORDING TO THE PLAT THEREOF RECORDED, MAY 31, 1895 IN | ||||||
20 | BOOK 65 OF
PLATS PAGE 35) IN COOK COUNTY, ILLINOIS.
| ||||||
21 | P.I.N.: 06-21-101-015-0000
| ||||||
22 | (4) Parcel 4 (Blake parcel)
| ||||||
23 | THAT PART OF SECTIONS 20 AND 21 IN TOWNSHIP 41 NORTH, RANGE | ||||||
24 | 9
EAST OF THE THIRD PRINCIPAL MERIDIAN DESCRIBED AS | ||||||
25 | FOLLOWS:
|
| |||||||
| |||||||
1 | COMMENCING AT THE NORTHWEST CORNER OF THE NORTHEAST QUARTER | ||||||
2 | OF
THE NORTHWEST QUARTER OF SECTION 21 AFORESAID; THENCE | ||||||
3 | SOUTH ALONG
THE WEST LINE OF THE NORTHEAST QUARTER OF THE | ||||||
4 | NORTHWEST QUARTER OF
SAID SECTION, 574.2 FEET; THENCE SOUTH | ||||||
5 | 69 DEGREES 48 MINUTES EAST, 181.2
FEET; THENCE SOUTH 28 | ||||||
6 | DEGREES 49 MINUTES EAST, 720.45 FEET; THENCE
SOUTH 33 | ||||||
7 | DEGREES 37 MINUTES WEST, 238.5 FEET; THENCE SOUTH 75 | ||||||
8 | DEGREES 29
MINUTES WEST, 203.4 FEET; THENCE NORTH 31 | ||||||
9 | DEGREES 51 MINUTES WEST
ALONG A FENCE LINE, 282.19 FEET TO | ||||||
10 | A POINT OF BEGINNING; THENCE SOUTH 84
DEGREES 47 MINUTES | ||||||
11 | WEST, 988.44 FEET TO A POINT ON A FENCE LINE THAT LIES
| ||||||
12 | NORTH 17 DEGREES 17 MINUTES EAST, 193.07 FEET FROM A POINT | ||||||
13 | ON THE
NORTHERLY RIGHT OF WAY LINE OF IRVING PARK | ||||||
14 | BOULEVARD; THENCE NORTH
17 DEGREES 17 MINUTES EAST ALONG | ||||||
15 | SAID FENCE LINE, 276.03 FEET TO THE
SOUTHERLY RIGHT OF WAY | ||||||
16 | LINE OF SCHAUMBURG ROAD (AS NOW DEDICATED);
THENCE EASTERLY | ||||||
17 | AND NORTHEASTERLY ALONG SAID SOUTHERLY RIGHT OF
WAY LINE ON | ||||||
18 | A CURVE TO LEFT HAVING A RADIUS OF 1425.4 FEET A DISTANCE
| ||||||
19 | OF 829.0 FEET; THENCE SOUTH 3 DEGREES 29 MINUTES EAST ALONG | ||||||
20 | A FENCE
LINE 263.6 FEET; THENCE SOUTH 31 DEGREES 51 MINUTES | ||||||
21 | EAST ALONG A FENCE
LINE A DISTANCE OF 230.61 FEET TO THE | ||||||
22 | POINT OF BEGINNING, IN HANOVER
TOWNSHIP, COOK COUNTY, | ||||||
23 | ILLINOIS.
| ||||||
24 | P.I.N.
PI.N. : 06-21-101-021-0000.
| ||||||
25 | (Source: P.A. 92-532, eff. 3-7-02; revised 1-27-03.)
|
| |||||||
| |||||||
1 | (70 ILCS 2605/289)
| ||||||
2 | Sec. 289
288 . District enlarged. On August 22, 2002
Upon | ||||||
3 | the
effective date of this
amendatory Act of the 92nd General | ||||||
4 | Assembly , the corporate limits of the
Metropolitan Water | ||||||
5 | Reclamation District are extended to include within those
| ||||||
6 | limits the following described tract of land, and that tract is | ||||||
7 | annexed to the
District.
| ||||||
8 | LEGAL DESCRIPTION
| ||||||
9 | 5.425 ACRES
| ||||||
10 | THAT PART OF THE NORTHWEST QUARTER OF SECTION 25, TOWNSHIP | ||||||
11 | 42 NORTH, RANGE
9, EAST OF THE THIRD PRINCIPAL MERIDIAN, | ||||||
12 | DESCRIBED AS FOLLOWS:
| ||||||
13 | COMMENCING AT THE SOUTHEAST CORNER OF THE NORTHWEST QUARTER | ||||||
14 | OF SAID SECTION
25; THENCE NORTH 00°00'00" EAST ALONG THE | ||||||
15 | EAST LINE OF SAID NORTHWEST QUARTER
OF SECTION 25, A | ||||||
16 | DISTANCE OF 1314.40 FEET TO THE NORTH LINE OF THE SOUTH | ||||||
17 | HALF
OF SAID NORTHWEST QUARTER OF SECTION 25; THENCE SOUTH | ||||||
18 | 89°15'17" WEST ALONG THE
NORTH LINE OF SAID SOUTH HALF OF | ||||||
19 | THE NORTHWEST QUARTER OF SECTION 25, A
DISTANCE OF 170.00 | ||||||
20 | FEET; THENCE SOUTH 44°22'03" WEST, 410.93 FEET TO THE POINT
| ||||||
21 | OF BEGINNING; THENCE SOUTH 89°15'17" WEST PARALLEL WITH THE | ||||||
22 | NORTH LINE
OF SAID SOUTH HALF OF THE NORTHWEST QUARTER OF | ||||||
23 | SECTION 25, A DISTANCE OF 420.04
FEET TO A LINE 1755.25 | ||||||
24 | FEET EAST OF, MEASURED AT RIGHT ANGLES, AND PARALLEL
WITH | ||||||
25 | THE WEST LINE OF SAID NORTHWEST QUARTER OF SECTION 25; | ||||||
26 | THENCE NORTH
00°02'28" WEST ALONG SAID PARALLEL LINE, |
| |||||||
| |||||||
1 | 105.23 FEET; THENCE SOUTH 89°15'17"
WEST PARALLEL WITH THE | ||||||
2 | NORTH LINE OF SAID SOUTH HALF OF THE NORTHWEST QUARTER
OF | ||||||
3 | SECTION 25, A DISTANCE OF 300.13 FEET; THENCE SOUTH | ||||||
4 | 00°02'28" EAST, 150.68
FEET; THENCE NORTH 89°57'32" EAST | ||||||
5 | 120.37 FEET; THENCE SOUTH 00°02'28" EAST
PARALLEL WITH THE | ||||||
6 | WEST LINE OF SAID NORTHWEST QUARTER OF SECTION 25, A | ||||||
7 | DISTANCE
OF 353.10 FEET; THENCE NORTH 89°15'17" EAST | ||||||
8 | PARALLEL WITH THE NORTH LINE OF
SAID SOUTH HALF OF THE | ||||||
9 | NORTHWEST QUARTER OF SECTION 25, A DISTANCE OF 479.77
FEET; | ||||||
10 | THENCE NORTH 00°02'28" WEST, 278.99 FEET; THENCE NORTH | ||||||
11 | 44°22'03" EAST,
171.50 FEET TO THE PLACE OF BEGINNING, IN | ||||||
12 | COOK COUNTY, ILLINOIS.
| ||||||
13 | (Source: P.A. 92-843, eff. 8-22-02; revised 2-18-03 .)
| ||||||
14 | Section 530. The Local Mass Transit District Act is amended | ||||||
15 | by changing Sections 2 and 5.01 as follows:
| ||||||
16 | (70 ILCS 3610/2) (from Ch. 111 2/3, par. 352)
| ||||||
17 | Sec. 2. For the purposes of this Act:
| ||||||
18 | (a) "Mass transit facility" means any local public | ||||||
19 | transportation
facility, whether buses, trolley-buses, or | ||||||
20 | railway systems, utilized by
a substantial number of persons | ||||||
21 | for their daily transportation, and
includes not only the local | ||||||
22 | public transportation facility itself but
ancillary and | ||||||
23 | supporting facilities such as, for example, motor vehicle
| ||||||
24 | parking facilities, as well.
|
| |||||||
| |||||||
1 | (b) "Participating municipality and county" means the | ||||||
2 | municipality
or municipalities, county or counties creating | ||||||
3 | the local Mass Transit
District pursuant to Section 3 of this | ||||||
4 | Act.
| ||||||
5 | (c) "Municipality" means a city, village, township, or | ||||||
6 | incorporated
town.
| ||||||
7 | (d) "Corporate authorities" means (1) the city council or | ||||||
8 | similar
body of a city, (2) the board of trustees or similar | ||||||
9 | body of a village
or incorporated town, (3) the council of a | ||||||
10 | municipality under the
commission form of municipal | ||||||
11 | government, and (4) the board of trustees
in a township.
| ||||||
12 | (e) "County board" means the governing board of a county.
| ||||||
13 | (f) "District" means a local Mass Transit District created | ||||||
14 | pursuant
to Section 3 of this Act.
| ||||||
15 | (g) "Board" means the Board of Trustees of a local Mass | ||||||
16 | Transit
District created pursuant to Section 3 of this Act.
| ||||||
17 | (h) "Interstate transportation authority" shall mean any | ||||||
18 | political
subdivision created by compact between this State and | ||||||
19 | another state, which is
a body corporate and politic and a | ||||||
20 | political subdivision of both contracting
states, and which | ||||||
21 | operates a public mass transportation system . ;
| ||||||
22 | (i) "Metro East Mass Transit District" means one or more | ||||||
23 | local mass transit
districts created pursuant to this Act, | ||||||
24 | composed only of Madison, St. Clair
or Monroe Counties, or any | ||||||
25 | combination thereof or any territory annexed to such
district.
| ||||||
26 | (j) "Public mass transportation system" shall mean a |
| |||||||
| |||||||
1 | transportation system
or systems owned and operated by an | ||||||
2 | interstate transportation authority,
a municipality, District, | ||||||
3 | or other public or private authority, employing
motor busses, | ||||||
4 | rails or any other means of conveyance, by whatsoever type or
| ||||||
5 | power, operated for public use in the conveyance of persons, | ||||||
6 | mainly providing
local transportation service within an | ||||||
7 | interstate transportation district,
municipality, or county.
| ||||||
8 | (Source: P.A. 93-590, eff. 1-1-04; revised 10-9-03.)
| ||||||
9 | (70 ILCS 3610/5.01)
(from Ch. 111 2/3, par. 355.01)
| ||||||
10 | Sec. 5.01. Metro East Mass Transit District; use and | ||||||
11 | occupation taxes.
| ||||||
12 | (a) The Board of Trustees of any Metro East Mass Transit
| ||||||
13 | District may, by ordinance adopted with the concurrence of | ||||||
14 | two-thirds of
the then trustees, impose throughout the District | ||||||
15 | any or all of the taxes and
fees provided in this Section. All | ||||||
16 | taxes and fees imposed under this Section
shall be used only | ||||||
17 | for public mass transportation systems, and the amount used
to | ||||||
18 | provide mass transit service to unserved areas of the District | ||||||
19 | shall be in
the same proportion to the total proceeds as the | ||||||
20 | number of persons residing in
the unserved areas is to the | ||||||
21 | total population of the District. Except as
otherwise provided | ||||||
22 | in this Act, taxes imposed under
this Section and civil | ||||||
23 | penalties imposed incident thereto shall be
collected and | ||||||
24 | enforced by the State Department of Revenue.
The Department | ||||||
25 | shall have the power to administer and enforce the taxes
and to |
| |||||||
| |||||||
1 | determine all rights for refunds for erroneous payments of the | ||||||
2 | taxes.
| ||||||
3 | (b) The Board may impose a Metro East Mass Transit District | ||||||
4 | Retailers'
Occupation Tax upon all persons engaged in the | ||||||
5 | business of selling tangible
personal property at retail in the | ||||||
6 | district at a rate of 1/4 of 1%, or as
authorized under | ||||||
7 | subsection (d-5) of this Section, of the
gross receipts from | ||||||
8 | the sales made in the course of such business within
the | ||||||
9 | district. The tax imposed under this Section and all civil
| ||||||
10 | penalties that may be assessed as an incident thereof shall be | ||||||
11 | collected
and enforced by the State Department of Revenue. The | ||||||
12 | Department shall have
full power to administer and enforce this | ||||||
13 | Section; to collect all taxes
and penalties so collected in the | ||||||
14 | manner hereinafter provided; and to determine
all rights to | ||||||
15 | credit memoranda arising on account of the erroneous payment
of | ||||||
16 | tax or penalty hereunder. In the administration of, and | ||||||
17 | compliance with,
this Section, the Department and persons who | ||||||
18 | are subject to this Section
shall have the same rights, | ||||||
19 | remedies, privileges, immunities, powers and
duties, and be | ||||||
20 | subject to the same conditions, restrictions, limitations,
| ||||||
21 | penalties, exclusions, exemptions and definitions of terms and | ||||||
22 | employ
the same modes of procedure, as are prescribed in | ||||||
23 | Sections 1, 1a, 1a-1,
1c, 1d, 1e, 1f, 1i, 1j, 2 through 2-65 | ||||||
24 | (in respect to all provisions
therein other than the State rate | ||||||
25 | of tax), 2c, 3 (except as to the
disposition of taxes and | ||||||
26 | penalties collected), 4, 5, 5a, 5c, 5d, 5e, 5f,
5g, 5h, 5i, 5j, |
| |||||||
| |||||||
1 | 5k, 5l, 6, 6a, 6b, 6c, 7, 8, 9, 10, 11, 12, 13, and 14 of
the | ||||||
2 | Retailers' Occupation Tax Act and Section 3-7 of the Uniform | ||||||
3 | Penalty
and Interest Act, as fully as if those provisions were | ||||||
4 | set forth herein.
| ||||||
5 | Persons subject to any tax imposed under the Section may | ||||||
6 | reimburse
themselves for their seller's tax liability | ||||||
7 | hereunder by separately stating
the tax as an additional | ||||||
8 | charge, which charge may be stated in combination,
in a single | ||||||
9 | amount, with State taxes that sellers are required to collect
| ||||||
10 | under the Use Tax Act, in accordance with such bracket | ||||||
11 | schedules as the
Department may prescribe.
| ||||||
12 | Whenever the Department determines that a refund should be | ||||||
13 | made under this
Section to a claimant instead of issuing a | ||||||
14 | credit memorandum, the Department
shall notify the State | ||||||
15 | Comptroller, who shall cause the warrant to be drawn
for the | ||||||
16 | amount specified, and to the person named, in the notification
| ||||||
17 | from the Department. The refund shall be paid by the State | ||||||
18 | Treasurer out
of the Metro East Mass Transit District tax fund | ||||||
19 | established under
paragraph (g) of this Section.
| ||||||
20 | If a tax is imposed under this subsection (b), a tax shall | ||||||
21 | also be
imposed under subsections (c) and (d) of this Section.
| ||||||
22 | For the purpose of determining whether a tax authorized | ||||||
23 | under this Section
is applicable, a retail sale, by a producer | ||||||
24 | of coal or other mineral mined
in Illinois, is a sale at retail | ||||||
25 | at the place where the coal or other mineral
mined in Illinois | ||||||
26 | is extracted from the earth. This paragraph does not
apply to |
| |||||||
| |||||||
1 | coal or other mineral when it is delivered or shipped by the | ||||||
2 | seller
to the purchaser at a point outside Illinois so that the | ||||||
3 | sale is exempt
under the Federal Constitution as a sale in | ||||||
4 | interstate or foreign commerce.
| ||||||
5 | No tax shall be imposed or collected under this subsection | ||||||
6 | on the sale of a motor vehicle in this State to a resident of | ||||||
7 | another state if that motor vehicle will not be titled in this | ||||||
8 | State.
| ||||||
9 | Nothing in this Section shall be construed to authorize the | ||||||
10 | Metro East
Mass Transit District to impose a tax upon the | ||||||
11 | privilege of engaging in any
business which under the | ||||||
12 | Constitution of the United States may not be made
the subject | ||||||
13 | of taxation by this State.
| ||||||
14 | (c) If a tax has been imposed under subsection (b), a Metro | ||||||
15 | East Mass
Transit District Service Occupation Tax shall
also be | ||||||
16 | imposed upon all persons engaged, in the district, in the | ||||||
17 | business
of making sales of service, who, as an incident to | ||||||
18 | making those sales of
service, transfer tangible personal | ||||||
19 | property within the District, either in
the form of tangible | ||||||
20 | personal property or in the form of real estate as an
incident | ||||||
21 | to a sale of service. The tax rate shall be 1/4%, or as | ||||||
22 | authorized
under subsection (d-5) of this Section, of the | ||||||
23 | selling
price of tangible personal property so transferred | ||||||
24 | within the district.
The tax imposed under this paragraph and | ||||||
25 | all civil penalties that may be
assessed as an incident thereof | ||||||
26 | shall be collected and enforced by the
State Department of |
| |||||||
| |||||||
1 | Revenue. The Department shall have full power to
administer and | ||||||
2 | enforce this paragraph; to collect all taxes and penalties
due | ||||||
3 | hereunder; to dispose of taxes and penalties so collected in | ||||||
4 | the manner
hereinafter provided; and to determine all rights to | ||||||
5 | credit memoranda
arising on account of the erroneous payment of | ||||||
6 | tax or penalty hereunder.
In the administration of, and | ||||||
7 | compliance with this paragraph, the
Department and persons who | ||||||
8 | are subject to this paragraph shall have the
same rights, | ||||||
9 | remedies, privileges, immunities, powers and duties, and be
| ||||||
10 | subject to the same conditions, restrictions, limitations, | ||||||
11 | penalties,
exclusions, exemptions and definitions of terms and | ||||||
12 | employ the same modes
of procedure as are prescribed in | ||||||
13 | Sections 1a-1, 2 (except that the
reference to State in the | ||||||
14 | definition of supplier maintaining a place of
business in this | ||||||
15 | State shall mean the Authority), 2a, 3 through
3-50 (in respect | ||||||
16 | to all provisions therein other than the State rate of
tax), 4 | ||||||
17 | (except that the reference to the State shall be to the | ||||||
18 | Authority),
5, 7, 8 (except that the jurisdiction to which the | ||||||
19 | tax shall be a debt to
the extent indicated in that Section 8 | ||||||
20 | shall be the District), 9 (except as
to the disposition of | ||||||
21 | taxes and penalties collected, and except that
the returned | ||||||
22 | merchandise credit for this tax may not be taken against any
| ||||||
23 | State tax), 10, 11, 12 (except the reference therein to Section | ||||||
24 | 2b of the
Retailers' Occupation Tax Act), 13 (except that any | ||||||
25 | reference to the State
shall mean the District), the first | ||||||
26 | paragraph of Section 15, 16,
17, 18, 19 and 20 of the Service |
| |||||||
| |||||||
1 | Occupation Tax Act and Section 3-7 of
the Uniform Penalty and | ||||||
2 | Interest Act, as fully as if those provisions were
set forth | ||||||
3 | herein.
| ||||||
4 | Persons subject to any tax imposed under the authority | ||||||
5 | granted in
this paragraph may reimburse themselves for their | ||||||
6 | serviceman's tax liability
hereunder by separately stating the | ||||||
7 | tax as an additional charge, which
charge may be stated in | ||||||
8 | combination, in a single amount, with State tax
that servicemen | ||||||
9 | are authorized to collect under the Service Use Tax Act, in
| ||||||
10 | accordance with such bracket schedules as the Department may | ||||||
11 | prescribe.
| ||||||
12 | Whenever the Department determines that a refund should be | ||||||
13 | made under this
paragraph to a claimant instead of issuing a | ||||||
14 | credit memorandum, the Department
shall notify the State | ||||||
15 | Comptroller, who shall cause the warrant to be drawn
for the | ||||||
16 | amount specified, and to the person named, in the notification
| ||||||
17 | from the Department. The refund shall be paid by the State | ||||||
18 | Treasurer out
of the Metro East Mass Transit District tax fund | ||||||
19 | established under
paragraph (g) of this Section.
| ||||||
20 | Nothing in this paragraph shall be construed to authorize | ||||||
21 | the District
to impose a tax upon the privilege of engaging in | ||||||
22 | any business which under
the Constitution of the United States | ||||||
23 | may not be made the subject of taxation
by the State.
| ||||||
24 | (d) If a tax has been imposed under subsection (b), a Metro | ||||||
25 | East Mass
Transit District Use Tax shall
also be imposed upon | ||||||
26 | the privilege of using, in the district, any item of
tangible |
| |||||||
| |||||||
1 | personal property that is purchased outside the district at
| ||||||
2 | retail from a retailer, and that is titled or registered with | ||||||
3 | an agency of
this State's government, at a rate of 1/4%, or as | ||||||
4 | authorized under subsection
(d-5) of this Section, of the | ||||||
5 | selling price of the
tangible personal property within the | ||||||
6 | District, as "selling price" is
defined in the Use Tax Act. The | ||||||
7 | tax shall be collected from persons whose
Illinois address for | ||||||
8 | titling or registration purposes is given as being in
the | ||||||
9 | District. The tax shall be collected by the Department of | ||||||
10 | Revenue for
the Metro East Mass Transit District. The tax must | ||||||
11 | be paid to the State,
or an exemption determination must be | ||||||
12 | obtained from the Department of
Revenue, before the title or | ||||||
13 | certificate of registration for the property
may be issued. The | ||||||
14 | tax or proof of exemption may be transmitted to the
Department | ||||||
15 | by way of the State agency with which, or the State officer | ||||||
16 | with
whom, the tangible personal property must be titled or | ||||||
17 | registered if the
Department and the State agency or State | ||||||
18 | officer determine that this
procedure will expedite the | ||||||
19 | processing of applications for title or
registration.
| ||||||
20 | The Department shall have full power to administer and | ||||||
21 | enforce this
paragraph; to collect all taxes, penalties and | ||||||
22 | interest due hereunder; to
dispose of taxes, penalties and | ||||||
23 | interest so collected in the manner
hereinafter provided; and | ||||||
24 | to determine all rights to credit memoranda or
refunds arising | ||||||
25 | on account of the erroneous payment of tax, penalty or
interest | ||||||
26 | hereunder. In the administration of, and compliance with, this
|
| |||||||
| |||||||
1 | paragraph, the Department and persons who are subject to this | ||||||
2 | paragraph
shall have the same rights, remedies, privileges, | ||||||
3 | immunities, powers and
duties, and be subject to the same | ||||||
4 | conditions, restrictions, limitations,
penalties, exclusions, | ||||||
5 | exemptions and definitions of terms
and employ the same modes | ||||||
6 | of procedure, as are prescribed in Sections 2
(except the | ||||||
7 | definition of "retailer maintaining a place of business in this
| ||||||
8 | State"), 3 through 3-80 (except provisions pertaining to the | ||||||
9 | State rate
of tax, and except provisions concerning collection | ||||||
10 | or refunding of the tax
by retailers), 4, 11, 12, 12a, 14, 15, | ||||||
11 | 19 (except the portions pertaining
to claims by retailers and | ||||||
12 | except the last paragraph concerning refunds),
20, 21 and 22 of | ||||||
13 | the Use Tax Act and Section 3-7 of the Uniform Penalty
and | ||||||
14 | Interest Act, that are not inconsistent with this
paragraph, as | ||||||
15 | fully as if those provisions were set forth herein.
| ||||||
16 | Whenever the Department determines that a refund should be | ||||||
17 | made under this
paragraph to a claimant instead of issuing a | ||||||
18 | credit memorandum, the Department
shall notify the State | ||||||
19 | Comptroller, who shall cause the order
to be drawn for the | ||||||
20 | amount specified, and to the person named, in the
notification | ||||||
21 | from the Department. The refund shall be paid by the State
| ||||||
22 | Treasurer out of the Metro East Mass Transit District tax fund | ||||||
23 | established
under paragraph (g) of this Section.
| ||||||
24 | (d-5) (A) The county board of any county participating in | ||||||
25 | the Metro
East Mass Transit District may authorize, by | ||||||
26 | ordinance, a
referendum on the question of whether the tax |
| |||||||
| |||||||
1 | rates for the
Metro East Mass Transit District Retailers' | ||||||
2 | Occupation Tax, the
Metro East Mass Transit District Service | ||||||
3 | Occupation Tax, and the
Metro East Mass Transit District Use | ||||||
4 | Tax for
the District should be increased from 0.25% to 0.75%.
| ||||||
5 | Upon adopting the ordinance, the county
board shall certify the | ||||||
6 | proposition to the proper election officials who shall
submit | ||||||
7 | the proposition to the voters of the District at the next | ||||||
8 | election,
in accordance with the general election law.
| ||||||
9 | The proposition shall be in substantially the following | ||||||
10 | form:
| ||||||
11 | Shall the tax rates for the Metro East Mass Transit | ||||||
12 | District Retailers'
Occupation Tax, the Metro East Mass | ||||||
13 | Transit District Service Occupation Tax,
and the Metro East | ||||||
14 | Mass Transit District Use Tax be increased from 0.25% to
| ||||||
15 | 0.75%?
| ||||||
16 | (B) Two thousand five hundred electors of any Metro East | ||||||
17 | Mass Transit
District may petition the Chief Judge of the | ||||||
18 | Circuit Court, or any judge of
that Circuit designated by the | ||||||
19 | Chief Judge, in which that District is located
to cause to be | ||||||
20 | submitted to a vote of the electors the question whether the | ||||||
21 | tax
rates for the Metro East Mass Transit District Retailers' | ||||||
22 | Occupation Tax, the
Metro East Mass Transit District Service | ||||||
23 | Occupation Tax, and the Metro East
Mass Transit District Use | ||||||
24 | Tax for the District should be increased from 0.25%
to 0.75%.
| ||||||
25 | Upon submission of such petition the court shall set a date | ||||||
26 | not less than 10
nor more than 30 days thereafter for a hearing |
| ||||||||||
| ||||||||||
1 | on the sufficiency thereof.
Notice of the filing of such | |||||||||
2 | petition and of such date shall be given in
writing to the | |||||||||
3 | District and the County Clerk at least 7 days before the date | |||||||||
4 | of
such hearing.
| |||||||||
5 | If such petition is found sufficient, the court shall enter | |||||||||
6 | an order to
submit that proposition at the next election, in | |||||||||
7 | accordance with general
election law.
| |||||||||
8 | The form of the petition shall be in substantially the | |||||||||
9 | following form: To the
Circuit Court of the County of (name of | |||||||||
10 | county):
| |||||||||
11 | We, the undersigned electors of the (name of transit | |||||||||
12 | district),
respectfully petition your honor to submit to a | |||||||||
13 | vote of the electors of (name
of transit district) the | |||||||||
14 | following proposition:
| |||||||||
15 | Shall the tax rates for the Metro East Mass Transit | |||||||||
16 | District Retailers'
Occupation Tax, the Metro East Mass | |||||||||
17 | Transit District Service Occupation Tax,
and the Metro East | |||||||||
18 | Mass Transit District Use Tax be increased from 0.25% to
| |||||||||
19 | 0.75%?
| |||||||||
20 | Name Address, with Street and Number.
| |||||||||
| ||||||||||
23 | (C) The votes shall be recorded as "YES" or "NO". If a | |||||||||
24 | majority of all
votes
cast on the proposition are for the | |||||||||
25 | increase in
the tax rates, the Metro East Mass Transit District | |||||||||
26 | shall begin imposing the
increased rates in the District, and
|
| |||||||
| |||||||
1 | the Department of Revenue shall begin collecting the increased | ||||||
2 | amounts, as
provided under this Section.
An ordinance imposing | ||||||
3 | or discontinuing a tax hereunder or effecting a change
in the | ||||||
4 | rate thereof shall be adopted and a certified copy thereof | ||||||
5 | filed with
the Department on or before the first day of | ||||||
6 | October, whereupon the Department
shall proceed to administer | ||||||
7 | and enforce this Section as of the first day of
January next | ||||||
8 | following the adoption and filing, or on or before the first | ||||||
9 | day
of April, whereupon the Department shall proceed to | ||||||
10 | administer and enforce this
Section as of the first day of July | ||||||
11 | next following the adoption and filing.
| ||||||
12 | (D) If the voters have approved a referendum under this | ||||||
13 | subsection,
before
November 1, 1994, to
increase the tax rate | ||||||
14 | under this subsection, the Metro East Mass Transit
District | ||||||
15 | Board of Trustees may adopt by a majority vote an ordinance at | ||||||
16 | any
time
before January 1, 1995 that excludes from the rate | ||||||
17 | increase tangible personal
property that is titled or | ||||||
18 | registered with an
agency of this State's government.
The | ||||||
19 | ordinance excluding titled or
registered tangible personal | ||||||
20 | property from the rate increase must be filed with
the | ||||||
21 | Department at least 15 days before its effective date.
At any | ||||||
22 | time after adopting an ordinance excluding from the rate | ||||||
23 | increase
tangible personal property that is titled or | ||||||
24 | registered with an agency of this
State's government, the Metro | ||||||
25 | East Mass Transit District Board of Trustees may
adopt an | ||||||
26 | ordinance applying the rate increase to that tangible personal
|
| |||||||
| |||||||
1 | property. The ordinance shall be adopted, and a certified copy | ||||||
2 | of that
ordinance shall be filed with the Department, on or | ||||||
3 | before October 1, whereupon
the Department shall proceed to | ||||||
4 | administer and enforce the rate increase
against tangible | ||||||
5 | personal property titled or registered with an agency of this
| ||||||
6 | State's government as of the following January
1. After | ||||||
7 | December 31, 1995, any reimposed rate increase in effect under | ||||||
8 | this
subsection shall no longer apply to tangible personal | ||||||
9 | property titled or
registered with an agency of this State's | ||||||
10 | government. Beginning January 1,
1996, the Board of Trustees of | ||||||
11 | any Metro East Mass Transit
District may never reimpose a | ||||||
12 | previously excluded tax rate increase on tangible
personal | ||||||
13 | property titled or registered with an agency of this State's
| ||||||
14 | government.
After July 1, 2004, if the voters have approved a | ||||||
15 | referendum under this
subsection to increase the tax rate under | ||||||
16 | this subsection, the Metro East Mass
Transit District Board of | ||||||
17 | Trustees may adopt by a majority vote an ordinance
that | ||||||
18 | excludes from the rate increase tangible personal property that | ||||||
19 | is titled
or registered with an agency of this State's | ||||||
20 | government. The ordinance excluding titled or registered | ||||||
21 | tangible personal property from the rate increase shall be
| ||||||
22 | adopted, and a certified copy of that ordinance shall be filed | ||||||
23 | with the
Department on or before October 1, whereupon the | ||||||
24 | Department shall administer and enforce this exclusion from the | ||||||
25 | rate increase as of the
following January 1, or on or before | ||||||
26 | April 1, whereupon the Department shall
administer and enforce |
| |||||||
| |||||||
1 | this exclusion from the rate increase as of the
following July | ||||||
2 | 1. The Board of Trustees of any Metro East Mass Transit | ||||||
3 | District
may never
reimpose a previously excluded tax rate | ||||||
4 | increase on tangible personal property
titled or registered | ||||||
5 | with an agency of this State's government.
| ||||||
6 | (d-6) If the Board of Trustees of any Metro East Mass | ||||||
7 | Transit District has
imposed a rate increase under subsection | ||||||
8 | (d-5) and filed an
ordinance with the Department of Revenue | ||||||
9 | excluding titled property from the
higher rate, then that Board | ||||||
10 | may, by ordinance adopted with
the concurrence of two-thirds of | ||||||
11 | the then trustees, impose throughout the
District a fee. The | ||||||
12 | fee on the excluded property shall not exceed $20 per
retail | ||||||
13 | transaction or an
amount
equal to the amount of tax excluded, | ||||||
14 | whichever is less, on
tangible personal property that is titled | ||||||
15 | or registered with an agency of this
State's government. | ||||||
16 | Beginning July 1, 2004, the fee shall apply only to
titled | ||||||
17 | property that is subject to either the Metro East Mass Transit | ||||||
18 | District
Retailers' Occupation Tax or the Metro East Mass | ||||||
19 | Transit District Service
Occupation Tax. No fee shall be | ||||||
20 | imposed or collected under this subsection on the sale of a | ||||||
21 | motor vehicle in this State to a resident of another state if | ||||||
22 | that motor vehicle will not be titled in this State.
| ||||||
23 | (d-7) Until June 30, 2004, if a fee has been imposed under | ||||||
24 | subsection
(d-6), a fee shall also
be imposed upon the | ||||||
25 | privilege of using, in the district, any item of tangible
| ||||||
26 | personal property that is titled or registered with any agency |
| |||||||
| |||||||
1 | of this State's
government, in an amount equal to the amount of | ||||||
2 | the fee imposed under
subsection (d-6).
| ||||||
3 | (d-7.1) Beginning July 1, 2004, any fee imposed by the | ||||||
4 | Board of Trustees
of any Metro East Mass Transit District under | ||||||
5 | subsection (d-6) and all civil
penalties that may be assessed | ||||||
6 | as an incident of the fees shall be collected
and enforced by | ||||||
7 | the State Department of Revenue. Reference to "taxes" in this
| ||||||
8 | Section shall be construed to apply to the administration, | ||||||
9 | payment, and
remittance of all fees under this Section. For | ||||||
10 | purposes of any fee imposed
under subsection (d-6), 4% of the | ||||||
11 | fee, penalty, and interest received by the
Department in the | ||||||
12 | first 12 months that the fee is collected and enforced by
the | ||||||
13 | Department and 2% of the fee, penalty, and interest following | ||||||
14 | the first
12 months shall be deposited into the Tax Compliance | ||||||
15 | and Administration
Fund and shall be used by the Department, | ||||||
16 | subject to appropriation, to cover
the costs of the Department. | ||||||
17 | No retailers' discount shall apply to any fee
imposed under | ||||||
18 | subsection (d-6).
| ||||||
19 | (d-8) No item of titled property shall be subject to both
| ||||||
20 | the higher rate approved by referendum, as authorized under | ||||||
21 | subsection (d-5),
and any fee imposed under subsection (d-6) or | ||||||
22 | (d-7).
| ||||||
23 | (d-9) (Blank).
| ||||||
24 | (d-10) (Blank).
| ||||||
25 | (e) A certificate of registration issued by the State | ||||||
26 | Department of
Revenue to a retailer under the Retailers' |
| |||||||
| |||||||
1 | Occupation Tax Act or under the
Service Occupation Tax Act | ||||||
2 | shall permit the registrant to engage in a
business that is | ||||||
3 | taxed under the tax imposed under paragraphs (b), (c)
or (d) of | ||||||
4 | this Section and no additional registration shall be required | ||||||
5 | under
the tax. A certificate issued under the Use Tax Act or | ||||||
6 | the Service Use Tax
Act shall be applicable with regard to any | ||||||
7 | tax imposed under paragraph (c)
of this Section.
| ||||||
8 | (f) (Blank).
| ||||||
9 | (g) Any ordinance imposing or discontinuing any tax under | ||||||
10 | this
Section shall be adopted and a certified copy thereof | ||||||
11 | filed with the
Department on or before June 1, whereupon the | ||||||
12 | Department of Revenue shall
proceed to administer and enforce | ||||||
13 | this Section on behalf of the Metro East
Mass Transit District | ||||||
14 | as of September 1 next following such
adoption and filing. | ||||||
15 | Beginning January 1, 1992, an ordinance or resolution
imposing | ||||||
16 | or discontinuing the tax hereunder shall be adopted and a
| ||||||
17 | certified copy thereof filed with the Department on or before | ||||||
18 | the first day
of July, whereupon the Department shall proceed | ||||||
19 | to administer and enforce
this Section as of the first day of | ||||||
20 | October next following such adoption
and filing. Beginning | ||||||
21 | January 1, 1993, except as provided in subsection
(d-5) of this | ||||||
22 | Section, an ordinance or resolution imposing
or discontinuing | ||||||
23 | the tax hereunder shall be adopted and a certified copy
thereof | ||||||
24 | filed with the Department on or before the first day of | ||||||
25 | October,
whereupon the Department shall proceed to administer | ||||||
26 | and enforce this
Section as of the first day of January next |
| |||||||
| |||||||
1 | following such adoption and
filing,
or, beginning January 1, | ||||||
2 | 2004, on or before the first day of April, whereupon
the | ||||||
3 | Department shall proceed to administer and enforce this Section | ||||||
4 | as of the
first day of July next following the adoption and | ||||||
5 | filing.
| ||||||
6 | (h) Except as provided in subsection (d-7.1), the State | ||||||
7 | Department of
Revenue shall, upon collecting any taxes as
| ||||||
8 | provided in this Section, pay the taxes over to the State | ||||||
9 | Treasurer as
trustee for the District. The taxes shall be held | ||||||
10 | in a trust fund outside
the State Treasury. On or before the | ||||||
11 | 25th day of each calendar month, the
State Department of | ||||||
12 | Revenue shall prepare and certify to the Comptroller of
the | ||||||
13 | State of Illinois the amount to be paid to the District, which | ||||||
14 | shall be
the then balance in the fund, less any amount | ||||||
15 | determined by the Department
to be necessary for the payment of | ||||||
16 | refunds. Within 10 days after receipt by
the Comptroller of the | ||||||
17 | certification of the amount to be paid to the
District, the | ||||||
18 | Comptroller shall cause an order to be drawn for payment
for | ||||||
19 | the amount in accordance with the direction in the | ||||||
20 | certification.
| ||||||
21 | (Source: P.A. 93-590, eff. 1-1-04; 93-1068, eff. 1-15-05; | ||||||
22 | 94-776, eff. 5-19-06; revised 8-3-06.)
| ||||||
23 | Section 535. The Regional Transportation Authority Act is | ||||||
24 | amended by changing Section 4.02 as follows:
|
| |||||||
| |||||||
1 | (70 ILCS 3615/4.02) (from Ch. 111 2/3, par. 704.02)
| ||||||
2 | Sec. 4.02. Federal, State and Other Funds. | ||||||
3 | (a) The Authority shall have the power to apply for, | ||||||
4 | receive and expend
grants, loans or other funds from the State | ||||||
5 | of Illinois or any department
or agency thereof, from any unit | ||||||
6 | of local government, from the federal
government or any | ||||||
7 | department or agency thereof,
for use in connection with any of | ||||||
8 | the powers or purposes of the Authority
as set forth in this | ||||||
9 | Act. The Authority shall have power to make such
studies as may | ||||||
10 | be necessary and to enter into contracts or agreements with
the | ||||||
11 | State of Illinois or any department or agency thereof, with any | ||||||
12 | unit of
local government, or with the federal government or any | ||||||
13 | department or
agency thereof, concerning such grants, loans or
| ||||||
14 | other funds, or any conditions relating thereto, including | ||||||
15 | obligations to
repay such funds. The Authority may make such | ||||||
16 | covenants concerning such
grants, loans and funds as it deems | ||||||
17 | proper and necessary in carrying out
its responsibilities, | ||||||
18 | purposes and powers as provided in this Act.
| ||||||
19 | (b) The Authority shall be the primary public body in the | ||||||
20 | metropolitan
region with authority to apply for and receive any | ||||||
21 | grants, loans or other
funds relating to public transportation | ||||||
22 | programs from the State of Illinois
or any department or agency | ||||||
23 | thereof, or from the federal government or any
department or | ||||||
24 | agency thereof. Any unit of local government, Service Board
or | ||||||
25 | transportation agency may apply for and receive any such | ||||||
26 | federal
or state capital grants, loans or other funds, |
| |||||||
| |||||||
1 | provided, however that a
Service Board may not apply
for or | ||||||
2 | receive any grant or loan which is not identified in the | ||||||
3 | Five-Year Program.
Any Service Board, unit of local government | ||||||
4 | or transportation agency
shall notify the Authority prior to | ||||||
5 | making any such application and shall
file a copy thereof with | ||||||
6 | the Authority. Nothing in this Section shall be
construed to | ||||||
7 | impose any limitation on the ability of the State of Illinois
| ||||||
8 | or any department or agency thereof, any unit of local | ||||||
9 | government or Service
Board or
transportation agency to make | ||||||
10 | any grants or to enter into any agreement or
contract with the | ||||||
11 | National Rail Passenger Corporation. Nor shall anything
in this | ||||||
12 | Section impose any limitation on the ability of any school | ||||||
13 | district
to apply for or receive any grant, loan or other funds | ||||||
14 | for transportation
of school children.
| ||||||
15 | (c) The Authority shall provide to the Service Board any | ||||||
16 | monies received
relating to public transportation services | ||||||
17 | under the jurisdiction of the
Service Boards as follows:
| ||||||
18 | (1) As soon as may be practicable after the Authority | ||||||
19 | receives payment,
under Section 4.03(m) or Section | ||||||
20 | 4.03.1(d), of the proceeds of those taxes
levied by the | ||||||
21 | Authority,
the Authority shall transfer to each Service | ||||||
22 | Board the amount to which it
is entitled under Section | ||||||
23 | 4.01(d) . ;
| ||||||
24 | (2) The Authority by ordinance adopted by 9 of its then | ||||||
25 | Directors
shall establish a formula apportioning any | ||||||
26 | federal funds for operating assistance
purposes the |
| |||||||
| |||||||
1 | Authority receives to each Service Board. In establishing | ||||||
2 | the
formula, the Board shall consider, among other factors: | ||||||
3 | ridership levels,
the efficiency with which the service is | ||||||
4 | provided, the degree of transit
dependence of the area | ||||||
5 | served and the cost of service. That portion of
any federal | ||||||
6 | funds for operating assistance received by the Authority | ||||||
7 | shall
be paid to each Service Board as soon as may be | ||||||
8 | practicable upon their receipt
provided the Authority has | ||||||
9 | adopted a balanced budget as required by Section
4.01 and | ||||||
10 | further provided that the Service Boards are in compliance | ||||||
11 | with
the requirements in Section 4.11.
| ||||||
12 | (3) The Authority by ordinance adopted by 9 of its then | ||||||
13 | Directors shall
apportion to the Service Boards funds | ||||||
14 | provided by the State of Illinois
under Section 4.09 and | ||||||
15 | shall make payment of said funds to each Service
Board as | ||||||
16 | soon as may be practicable upon their receipt provided the | ||||||
17 | Authority
has adopted a balanced budget as required by | ||||||
18 | Section 4.01 and further provided
the Service Board is in | ||||||
19 | compliance with the requirements in Section 4.11.
| ||||||
20 | (4) Beginning January 1, 2009, before making any | ||||||
21 | payments, transfers, or expenditures under this subsection | ||||||
22 | to a Service Board, the Authority must first comply with | ||||||
23 | Section 4.02a or 4.02b of this Act, whichever may be | ||||||
24 | applicable.
| ||||||
25 | (Source: P.A. 94-839, eff. 6-6-06; revised 8-3-06.)
|
| |||||||
| |||||||
1 | Section 540. The School Code is amended by setting forth, | ||||||
2 | renumbering, and changing multiple versions of Sections | ||||||
3 | 2-3.131, 2-3.137, 10-20.35, 10-20.37, 34-18.23, 34-18.26, and | ||||||
4 | 34-18.30 and by changing Sections 3-14.29, 10-17a, 10-20.21a, | ||||||
5 | 10-21.9, 10-22.20, 10-28, 11E-110, 11E-135, 14-7.04, 14-15.01, | ||||||
6 | 14A-30, 14A-55, 18-8.05, 19-1, 21-1b, 21-12, 21-14, 22-35, | ||||||
7 | 27-6, 27-8.1, 27-20.6, 27-23.5, 27-24.4, 34-8.1, and 34-18.5 as | ||||||
8 | follows:
| ||||||
9 | (105 ILCS 5/2-3.131)
| ||||||
10 | Sec. 2-3.131. Transitional assistance payments.
| ||||||
11 | (a) If the amount that
the State Board of Education will | ||||||
12 | pay to
a school
district from fiscal year 2004 appropriations, | ||||||
13 | as estimated by the State
Board of Education on April 1, 2004, | ||||||
14 | is less than the amount that the
State Board of Education paid | ||||||
15 | to the school district from fiscal year 2003
appropriations, | ||||||
16 | then, subject to appropriation, the State Board of
Education | ||||||
17 | shall make a fiscal year 2004 transitional assistance payment
| ||||||
18 | to the school district in an amount equal to the difference | ||||||
19 | between the
estimated amount to be paid from fiscal year 2004 | ||||||
20 | appropriations and
the amount paid from fiscal year 2003 | ||||||
21 | appropriations.
| ||||||
22 | (b) If the amount that
the State Board of Education will | ||||||
23 | pay to
a school
district from fiscal year 2005 appropriations, | ||||||
24 | as estimated by the State
Board of Education on April 1, 2005, | ||||||
25 | is less than the amount that the
State Board of Education paid |
| |||||||
| |||||||
1 | to the school district from fiscal year 2004
appropriations, | ||||||
2 | then the State Board of
Education shall make a fiscal year 2005 | ||||||
3 | transitional assistance payment
to the school district in an | ||||||
4 | amount equal to the difference between the
estimated amount to | ||||||
5 | be paid from fiscal year 2005 appropriations and
the amount | ||||||
6 | paid from fiscal year 2004 appropriations.
| ||||||
7 | (c) If the amount that
the State Board of Education will | ||||||
8 | pay to
a school
district from fiscal year 2006 appropriations, | ||||||
9 | as estimated by the State
Board of Education on April 1, 2006, | ||||||
10 | is less than the amount that the
State Board of Education paid | ||||||
11 | to the school district from fiscal year 2005
appropriations, | ||||||
12 | then the State Board of
Education shall make a fiscal year 2006 | ||||||
13 | transitional assistance payment
to the school district in an | ||||||
14 | amount equal to the difference between the
estimated amount to | ||||||
15 | be paid from fiscal year 2006 appropriations and
the amount | ||||||
16 | paid from fiscal year 2005 appropriations.
| ||||||
17 | (d) If the amount that
the State Board of Education will | ||||||
18 | pay to
a school
district from fiscal year 2007 appropriations, | ||||||
19 | as estimated by the State
Board of Education on April 1, 2007, | ||||||
20 | is less than the amount that the
State Board of Education paid | ||||||
21 | to the school district from fiscal year 2006
appropriations, | ||||||
22 | then the State Board of
Education, subject to appropriation, | ||||||
23 | shall make a fiscal year 2007 transitional assistance payment
| ||||||
24 | to the school district in an amount equal to the difference | ||||||
25 | between the
estimated amount to be paid from fiscal year 2007 | ||||||
26 | appropriations and
the amount paid from fiscal year 2006 |
| |||||||
| |||||||
1 | appropriations.
| ||||||
2 | (Source: P.A. 93-21, eff. 7-1-03; 93-838, eff. 7-30-04; 94-69, | ||||||
3 | eff. 7-1-05; 94-835, eff. 6-6-06.)
| ||||||
4 | (105 ILCS 5/2-3.132)
| ||||||
5 | Sec. 2-3.132
2-3.131 . Sharing information on school lunch
| ||||||
6 | applicants. The
State Board of Education shall, whenever | ||||||
7 | requested by the Department of Healthcare and Family Services | ||||||
8 | (formerly Department of
Public Aid ) , agree in writing with the | ||||||
9 | Department of Healthcare and Family Services
Public Aid (as the | ||||||
10 | State
agency that administers the State Medical Assistance | ||||||
11 | Program as provided in
Title XIX of the federal Social Security | ||||||
12 | Act and the State Children's Health
Insurance Program as | ||||||
13 | provided in Title XXI of the federal Social Security Act)
to
| ||||||
14 | share with the Department of Healthcare and Family Services
| ||||||
15 | Public Aid information on applicants for free or
reduced-price | ||||||
16 | lunches. This sharing of information shall be for the sole
| ||||||
17 | purpose of helping the Department of Healthcare and Family | ||||||
18 | Services
Public Aid identify and enroll children in
the State | ||||||
19 | Medical Assistance Program or the State Children's Health | ||||||
20 | Insurance
Program or both as allowed under 42 U.S.C. Sec. | ||||||
21 | 1758(b)(2)(C)(iii)(IV) and
under the
restrictions set forth in | ||||||
22 | 42 U.S.C. Sec. 1758(b)(2)(C)(vi) and (vii).
The State Board of | ||||||
23 | Education may not adopt any rule that would
prohibit a child | ||||||
24 | from receiving any form of subsidy or benefit due to
his or her
| ||||||
25 | parent or guardian withholding consent under Section 22-35 of |
| |||||||
| |||||||
1 | this Code.
| ||||||
2 | (Source: P.A. 93-404, eff. 8-1-03; revised 12-15-05.)
| ||||||
3 | (105 ILCS 5/2-3.133)
| ||||||
4 | Sec. 2-3.133
2-3.131 . Homework assistance information for | ||||||
5 | parents. The State Board of Education shall
provide information | ||||||
6 | on its Internet web site regarding strategies that
parents can | ||||||
7 | use to assist their children in successfully completing
| ||||||
8 | homework assignments. The State Board of Education
shall notify | ||||||
9 | all school districts about this information's availability on | ||||||
10 | the
State Board of Education's Internet web site.
| ||||||
11 | (Source: P.A. 93-471, eff. 1-1-04; revised 9-24-03.)
| ||||||
12 | (105 ILCS 5/2-3.134)
| ||||||
13 | Sec. 2-3.134.
2-3.131.
Persistently dangerous schools. The | ||||||
14 | State Board of
Education
shall maintain data and publish a list | ||||||
15 | of persistently dangerous schools on an
annual basis.
| ||||||
16 | (Source: P.A. 93-633, eff. 12-23-03; revised 1-12-04.)
| ||||||
17 | (105 ILCS 5/2-3.137)
| ||||||
18 | Sec. 2-3.137. Inspection and review of school facilities; | ||||||
19 | task force.
| ||||||
20 | (a) The State Board of Education shall adopt rules for the
| ||||||
21 | documentation of school plan reviews and inspections of school | ||||||
22 | facilities,
including
the responsible individual's signature. | ||||||
23 | Such documents shall be kept on file
by the
regional
|
| |||||||
| |||||||
1 | superintendent of schools. The State Board of Education shall | ||||||
2 | also adopt rules for the qualifications of persons performing | ||||||
3 | the reviews and inspections, which must be consistent with the | ||||||
4 | recommendations in the task force's report issued to the | ||||||
5 | Governor and the General Assembly under subsection (b) of this | ||||||
6 | Section. Those qualifications shall include requirements for | ||||||
7 | training, education, and at least 2 years of relevant | ||||||
8 | experience.
| ||||||
9 | (b) The State Board of Education shall convene a task force | ||||||
10 | for the
purpose of reviewing the documents required under rules | ||||||
11 | adopted under
subsection (a) of this
Section and making | ||||||
12 | recommendations regarding training and
accreditation
of | ||||||
13 | individuals performing reviews or inspections required under | ||||||
14 | Section
2-3.12,
3-14.20, 3-14.21, or 3-14.22 of this Code, | ||||||
15 | including regional
superintendents of schools and others | ||||||
16 | performing reviews or inspections
under the authority of a | ||||||
17 | regional superintendent (such as consultants,
municipalities, | ||||||
18 | and fire protection districts).
| ||||||
19 | The task force shall consist of
all of the following | ||||||
20 | members:
| ||||||
21 | (1) The Executive Director of the Capital Development | ||||||
22 | Board
or his or her designee and a staff representative of | ||||||
23 | the Division of Building Codes and Regulations.
| ||||||
24 | (2) The State Superintendent of Education or his or her
| ||||||
25 | designee.
| ||||||
26 | (3) A person appointed
by the State Board of Education.
|
| |||||||
| |||||||
1 | (4) A person appointed by an organization representing | ||||||
2 | school
administrators.
| ||||||
3 | (5) A person appointed by
an organization representing | ||||||
4 | suburban school administrators and school board
members.
| ||||||
5 | (6) A person appointed by an organization representing | ||||||
6 | architects.
| ||||||
7 | (7) A person appointed by an organization representing | ||||||
8 | regional
superintendents of schools.
| ||||||
9 | (8) A person appointed by an organization representing | ||||||
10 | fire inspectors.
| ||||||
11 | (9) A person appointed by an organization representing | ||||||
12 | Code
administrators.
| ||||||
13 | (10) A person appointed by an organization | ||||||
14 | representing plumbing
inspectors.
| ||||||
15 | (11) A person appointed by an organization that | ||||||
16 | represents both parents
and teachers.
| ||||||
17 | (12) A person appointed by an organization | ||||||
18 | representing municipal
governments in the State.
| ||||||
19 | (13) A person appointed by the State Fire Marshal from | ||||||
20 | his or her office.
| ||||||
21 | (14) A person appointed by an organization | ||||||
22 | representing fire chiefs.
| ||||||
23 | (15) The Director of Public Health or his or her | ||||||
24 | designee.
| ||||||
25 | (16) A person appointed by an organization | ||||||
26 | representing structural engineers.
|
| |||||||
| |||||||
1 | (17) A person appointed by an organization | ||||||
2 | representing professional engineers.
| ||||||
3 | The task force shall issue a report of its findings to the | ||||||
4 | Governor and the
General Assembly no later than January 1, | ||||||
5 | 2006.
| ||||||
6 | (Source: P.A. 94-225, eff. 7-14-05; 94-973, eff. 1-1-07.)
| ||||||
7 | (105 ILCS 5/2-3.138) | ||||||
8 | Sec. 2-3.138
2-3.137 . School health recognition program. | ||||||
9 | The State Board of Education shall establish a school health | ||||||
10 | recognition program that: | ||||||
11 | (1) publicly identifies those schools that have | ||||||
12 | implemented programs to increase the level of physical | ||||||
13 | activity of their students; | ||||||
14 | (2) publicly identifies those schools that have | ||||||
15 | adopted policies or implemented programs to promote | ||||||
16 | healthy nutritional choices for their students; and | ||||||
17 | (3) allows recognized schools to share best practices | ||||||
18 | and model services with other schools throughout the State.
| ||||||
19 | (Source: P.A. 94-190, eff. 7-12-05; revised 9-21-05.) | ||||||
20 | (105 ILCS 5/2-3.139)
| ||||||
21 | Sec. 2-3.139
2-3.137 . School wellness policies; taskforce.
| ||||||
22 | (a) The State Board of Education shall establish a State | ||||||
23 | goal that all school districts have a wellness policy that is | ||||||
24 | consistent with recommendations of the Centers for Disease |
| |||||||
| |||||||
1 | Control and Prevention (CDC), which recommendations include | ||||||
2 | the following: | ||||||
3 | (1) nutrition guidelines for all foods sold on school | ||||||
4 | campus during the school day; | ||||||
5 | (2) setting school goals for nutrition education and | ||||||
6 | physical activity; | ||||||
7 | (3) establishing community participation in creating | ||||||
8 | local wellness policies; and | ||||||
9 | (4) creating a plan for measuring implementation of | ||||||
10 | these wellness policies. | ||||||
11 | The Department of Public Health, the Department of Human | ||||||
12 | Services, and the State Board of Education shall form an | ||||||
13 | interagency working group to publish model wellness policies | ||||||
14 | and recommendations. Sample policies shall be based on CDC | ||||||
15 | recommendations for nutrition and physical activity. The State | ||||||
16 | Board of Education shall distribute the model wellness policies | ||||||
17 | to all school districts before June 1, 2006. | ||||||
18 | (b) There is created the School Wellness Policy Taskforce, | ||||||
19 | consisting of
the following members: | ||||||
20 | (1) One member representing the State Board of | ||||||
21 | Education, appointed by the State Board of Education. | ||||||
22 | (2) One member representing the Department of Public | ||||||
23 | Health, appointed by the Director of Public Health. | ||||||
24 | (3) One member representing the Department of Human | ||||||
25 | Services, appointed by the Secretary of Human Services. | ||||||
26 | (4) One member of an organization representing the |
| |||||||
| |||||||
1 | interests of school nurses in this State, appointed by the | ||||||
2 | interagency working group. | ||||||
3 | (5) One member of an organization representing the | ||||||
4 | interests of school administrators in this State, | ||||||
5 | appointed by the interagency working group. | ||||||
6 | (6) One member of an organization representing the | ||||||
7 | interests of school boards in this State, appointed by the | ||||||
8 | interagency working group. | ||||||
9 | (7) One member of an organization representing the | ||||||
10 | interests of regional superintendents of schools in this | ||||||
11 | State, appointed by the interagency working group. | ||||||
12 | (8) One member of an organization representing the | ||||||
13 | interests of parent-teacher associations in this State, | ||||||
14 | appointed by the interagency working group. | ||||||
15 | (9) One member of an organization representing the | ||||||
16 | interests of pediatricians in this State, appointed by the | ||||||
17 | interagency working group. | ||||||
18 | (10) One member of an organization representing the | ||||||
19 | interests of dentists in this State, appointed by the | ||||||
20 | interagency working group. | ||||||
21 | (11) One member of an organization representing the | ||||||
22 | interests of dieticians in this State, appointed by the | ||||||
23 | interagency working group. | ||||||
24 | (12) One member of an organization that has an interest | ||||||
25 | and expertise in heart disease, appointed by the | ||||||
26 | interagency working group. |
| |||||||
| |||||||
1 | (13) One member of an organization that has an interest | ||||||
2 | and expertise in cancer, appointed by the interagency | ||||||
3 | working group. | ||||||
4 | (14) One member of an organization that has an interest | ||||||
5 | and expertise in childhood obesity, appointed by the | ||||||
6 | interagency working group. | ||||||
7 | (15) One member of an organization that has an interest | ||||||
8 | and expertise in the importance of physical education and | ||||||
9 | recreation in preventing disease, appointed by the | ||||||
10 | interagency working group. | ||||||
11 | (16) One member of an organization that has an interest | ||||||
12 | and expertise in school food service, appointed by the | ||||||
13 | interagency working group. | ||||||
14 | (17) One member of an organization that has an interest | ||||||
15 | and expertise in school health, appointed by the | ||||||
16 | interagency working group. | ||||||
17 | (18) One member of an organization that campaigns for | ||||||
18 | programs and policies for healthier school environments, | ||||||
19 | appointed by the interagency working group. | ||||||
20 | (19) One at-large member with a doctorate in nutrition, | ||||||
21 | appointed by the State Board of Education. | ||||||
22 | Members of the taskforce shall serve without compensation. | ||||||
23 | The taskforce shall meet at the call of the State Board of | ||||||
24 | Education. The taskforce shall report its identification of | ||||||
25 | barriers to implementing school wellness policies and its | ||||||
26 | recommendations to reduce those barriers to the General |
| |||||||
| |||||||
1 | Assembly and the Governor on or before January 1, 2006. The | ||||||
2 | taskforce shall report its recommendations on statewide school | ||||||
3 | nutrition standards to the General Assembly and the Governor on | ||||||
4 | or before January 1, 2007. The taskforce shall report its | ||||||
5 | evaluation of the effectiveness of school wellness policies to | ||||||
6 | the General Assembly and the Governor on or before January 1, | ||||||
7 | 2008. The evaluation shall review a sample size of 5 to 10 | ||||||
8 | school districts. Reports shall be made to the General Assembly | ||||||
9 | by filing copies of each report as provided in Section 3.1 of | ||||||
10 | the General Assembly Organization Act. Upon the filing of the | ||||||
11 | last report, the taskforce is dissolved.
| ||||||
12 | (c) The State Board of Education may adopt any rules | ||||||
13 | necessary to implement this Section. | ||||||
14 | (d) Nothing in this Section may be construed as a | ||||||
15 | curricular mandate on any school district.
| ||||||
16 | (Source: P.A. 94-199, eff. 7-12-05; revised 9-21-05.) | ||||||
17 | (105 ILCS 5/2-3.141) | ||||||
18 | (Section scheduled to be repealed on December 31, 2010) | ||||||
19 | Sec. 2-3.141
2-3.137 . Parental participation pilot | ||||||
20 | project.
| ||||||
21 | (a) By the beginning of the 2006-2007 school year, the | ||||||
22 | State Board of Education shall by rule establish a parental | ||||||
23 | participation pilot project to provide grants to the lowest | ||||||
24 | performing school districts to help such districts improve | ||||||
25 | parental participation through activities, including, but not |
| |||||||
| |||||||
1 | limited to, parent-teacher conferences, open houses, family | ||||||
2 | nights, volunteer opportunities, and family outreach | ||||||
3 | materials. | ||||||
4 | (b) The pilot project shall be for a period of at least 4 | ||||||
5 | school years. The State Board shall establish a procedure and | ||||||
6 | develop criteria for the administration of the pilot project. | ||||||
7 | In administering the pilot project, the State Board shall do | ||||||
8 | the following:
| ||||||
9 | (1) select participating school districts or schools;
| ||||||
10 | (2) define the conditions for the distribution and use
| ||||||
11 | of grant funds; | ||||||
12 | (3) enter into contracts as necessary to implement the
| ||||||
13 | pilot project; and
| ||||||
14 | (4) monitor local pilot project implementation.
| ||||||
15 | (c) The Parental Participation Pilot Project Fund is | ||||||
16 | created as a special fund in the State treasury. All money in | ||||||
17 | the Parental Participation Pilot Project Fund shall be used, | ||||||
18 | subject to appropriation, by the State Board for the pilot | ||||||
19 | project. To implement the pilot project, the State Board may | ||||||
20 | use any funds appropriated by the General Assembly for the | ||||||
21 | purposes of the pilot project as well as any gift, grant, or | ||||||
22 | donation given for the pilot project. The State Board may | ||||||
23 | solicit and accept a gift, grant, or donation of any kind from | ||||||
24 | any source, including from a foundation, private entity, | ||||||
25 | governmental entity, or institution of higher education, for | ||||||
26 | the implementation of the pilot project.
|
| |||||||
| |||||||
1 | The State Board shall use pilot project funds for grants to | ||||||
2 | low-performing school districts to encourage parental | ||||||
3 | participation.
| ||||||
4 | The State Board may not allocate more than $250,000 | ||||||
5 | annually for the pilot project. The pilot project may be | ||||||
6 | implemented only if sufficient funds are available under this | ||||||
7 | Section for that purpose.
| ||||||
8 | (d) A school district may apply to the State Board for the | ||||||
9 | establishment of a parental participation pilot project for the | ||||||
10 | entire district or for a particular school or group of schools | ||||||
11 | in the district.
| ||||||
12 | The State Board shall select 4 school districts to | ||||||
13 | participate in the pilot project. One school district shall be | ||||||
14 | located in the City of Chicago, one school district shall be | ||||||
15 | located in that portion of Cook County that is located outside | ||||||
16 | of the City of Chicago, one school district shall be located in | ||||||
17 | the area that makes up the counties of DuPage, Kane, Lake, | ||||||
18 | McHenry, and Will, and one school district shall be located in | ||||||
19 | the remainder of the State.
| ||||||
20 | The State Board shall select the participating districts | ||||||
21 | and schools for the pilot project based on each district's or | ||||||
22 | school's need for the pilot project. In selecting participants, | ||||||
23 | the State Board shall consider the following criteria:
| ||||||
24 | (1) whether the district or school has any of the | ||||||
25 | following
problems and whether those problems can be | ||||||
26 | mitigated or addressed
through enhanced parental |
| |||||||
| |||||||
1 | participation: | ||||||
2 | (A) low rates of satisfactory performance on
| ||||||
3 | assessment instruments under Section 2-3.64 of this
| ||||||
4 | Code;
| ||||||
5 | (B) high rates of low-income students, limited | ||||||
6 | English proficient students, dropouts, chronically | ||||||
7 | truant students, and student mobility; or
| ||||||
8 | (C) low student attendance rates; and
| ||||||
9 | (2) the methods the district or school will use to | ||||||
10 | measure the progress of the pilot project in the district | ||||||
11 | or school in accordance with subsection (f) of this | ||||||
12 | Section.
| ||||||
13 | (e) Each participating school district or school shall | ||||||
14 | establish a parental participation committee to assist in | ||||||
15 | developing and implementing the parental participation pilot | ||||||
16 | project.
| ||||||
17 | The school board of a participating district or of a | ||||||
18 | district in which a participating school is located shall | ||||||
19 | appoint individuals to the committee. The committee may be | ||||||
20 | composed of any of the following:
| ||||||
21 | (1) educators;
| ||||||
22 | (2) district-level administrators;
| ||||||
23 | (3) community leaders;
| ||||||
24 | (4) parents of students who attend a participating | ||||||
25 | school; or
| ||||||
26 | (5) any other individual the school board finds |
| |||||||
| |||||||
1 | appropriate.
| ||||||
2 | The committee shall develop an academic improvement plan | ||||||
3 | that details how the pilot project should be implemented in the | ||||||
4 | participating district or school. In developing the academic | ||||||
5 | improvement plan, the committee shall consider the educational | ||||||
6 | problems in the district or school that could be mitigated | ||||||
7 | through the implementation of the pilot project.
| ||||||
8 | The committee shall recommend to the school board how the | ||||||
9 | pilot project funds should be used to implement the academic | ||||||
10 | improvement plan. The committee may recommend annually any | ||||||
11 | necessary changes in the academic improvement plan to the | ||||||
12 | school board. The State Board must approve the academic | ||||||
13 | improvement plan or any changes in the academic improvement | ||||||
14 | plan before disbursing pilot project funds to the school board.
| ||||||
15 | (f) The school board of each school district participating | ||||||
16 | in the pilot project shall send an annual progress report to | ||||||
17 | the State Board no later than August 1 of each year that the | ||||||
18 | district is participating in the pilot project. The report must | ||||||
19 | state in detail the type of plan being used in the district or | ||||||
20 | school and the effect of the pilot project on the district or | ||||||
21 | school, including the following:
| ||||||
22 | (1) the academic progress of students who are | ||||||
23 | participating in the pilot project, as measured by | ||||||
24 | performance on assessment instruments; | ||||||
25 | (2) if applicable, a comparison of student progress in | ||||||
26 | a school or classroom that is participating in the pilot |
| |||||||
| |||||||
1 | project as compared with student progress in the schools or | ||||||
2 | classrooms in the district that are not participating in | ||||||
3 | the pilot project; | ||||||
4 | (3) any elements of the pilot project that contribute | ||||||
5 | to improved student performance on assessment instruments | ||||||
6 | administered under Section 2-3.64 of this Code or any other | ||||||
7 | assessment instrument required by the State Board;
| ||||||
8 | (4) any cost savings and improved efficiency relating | ||||||
9 | to school personnel; | ||||||
10 | (5) any effect on student dropout and attendance rates;
| ||||||
11 | (6) any effect on student enrollment in higher | ||||||
12 | education;
| ||||||
13 | (7) any effect on teacher performance and retention; | ||||||
14 | (8) any improvement in communications among students, | ||||||
15 | teachers, parents, and administrators;
| ||||||
16 | (9) any improvement in parental involvement in the | ||||||
17 | education of the parent's child; and | ||||||
18 | (10) any effect on community involvement and support | ||||||
19 | for the district or school.
| ||||||
20 | (g) After the expiration of the 4-year pilot project, the | ||||||
21 | State Board shall review the pilot project, based on the annual | ||||||
22 | reports the State Board receives from the school boards of | ||||||
23 | participating school districts, conduct a final evaluation, | ||||||
24 | and report its findings to the General Assembly no later than | ||||||
25 | December 31, 2010.
| ||||||
26 | (h) This Section is repealed on December 31, 2010.
|
| |||||||
| |||||||
1 | (Source: P.A. 94-507, eff. 8-8-05; revised 9-21-05.)
| ||||||
2 | (105 ILCS 5/3-14.29)
| ||||||
3 | Sec. 3-14.29. Sharing information on school lunch | ||||||
4 | applicants. Whenever requested by the
Department of Healthcare | ||||||
5 | and Family Services (formerly Department of Public Aid ) , to | ||||||
6 | agree in writing with the Department of Healthcare and Family | ||||||
7 | Services
Public Aid
(as the State agency that administers the | ||||||
8 | State Medical Assistance Program as
provided in Title XIX of | ||||||
9 | the federal Social Security Act and the State
Children's
Health | ||||||
10 | Insurance Program as provided in Title XXI of the federal | ||||||
11 | Social
Security
Act) to share with the Department of Healthcare | ||||||
12 | and Family Services
Public Aid
information on applicants for
| ||||||
13 | free or reduced-price lunches. This sharing of information | ||||||
14 | shall be for the
sole
purpose of helping the Department of | ||||||
15 | Healthcare and Family Services
Public Aid identify and enroll | ||||||
16 | children in
the State Medical Assistance Program or the State | ||||||
17 | Children's Health Insurance
Program or both as allowed under 42 | ||||||
18 | U.S.C. Sec. 1758(b)(2)(C)(iii)(IV) and
under the
restrictions | ||||||
19 | set forth in 42 U.S.C. Sec. 1758(b)(2)(C)(vi) and (vii).
| ||||||
20 | (Source: P.A. 93-404, eff. 8-1-03; revised 12-15-05.)
| ||||||
21 | (105 ILCS 5/10-17a) (from Ch. 122, par. 10-17a)
| ||||||
22 | Sec. 10-17a. Better schools accountability.
| ||||||
23 | (1) Policy and
Purpose. It shall be the policy of the State | ||||||
24 | of Illinois that each school
district in this State, including |
| |||||||
| |||||||
1 | special charter districts and districts
subject to the | ||||||
2 | provisions of Article 34, shall submit to parents, taxpayers
of | ||||||
3 | such district, the Governor, the General Assembly, and the | ||||||
4 | State
Board of Education a school report card assessing the | ||||||
5 | performance of its
schools and students. The report card shall | ||||||
6 | be an index of school
performance measured against statewide | ||||||
7 | and local standards and will provide
information to make prior | ||||||
8 | year comparisons and to set future year targets
through the | ||||||
9 | school improvement plan.
| ||||||
10 | (2) Reporting Requirements. Each school district shall | ||||||
11 | prepare a report
card in accordance with the guidelines set | ||||||
12 | forth in this Section which
describes the performance of its | ||||||
13 | students by school attendance centers and
by district and the | ||||||
14 | district's financial resources and use of financial
resources. | ||||||
15 | Such report
card shall be presented at a regular school board | ||||||
16 | meeting subject to
applicable notice requirements,
posted on | ||||||
17 | the
school district's Internet web site, if the district | ||||||
18 | maintains an Internet web
site,
made available
to a newspaper | ||||||
19 | of general circulation serving the district, and, upon
request, | ||||||
20 | sent
home to a parent (unless the district does not maintain an | ||||||
21 | Internet web site,
in which case
the report card shall be sent | ||||||
22 | home to parents without request). If the
district posts the | ||||||
23 | report card on its Internet web
site, the district
shall send a
| ||||||
24 | written notice home to parents stating (i) that the report card | ||||||
25 | is available on
the web site,
(ii) the address of the web site, | ||||||
26 | (iii) that a printed copy of the report card
will be sent to
|
| |||||||
| |||||||
1 | parents upon request, and (iv) the telephone number that | ||||||
2 | parents may
call to
request a printed copy of the report card.
| ||||||
3 | In addition, each school district shall submit the
completed | ||||||
4 | report card to the office of the district's Regional
| ||||||
5 | Superintendent which shall make copies available to any | ||||||
6 | individuals
requesting them.
| ||||||
7 | The report card shall be completed and disseminated prior | ||||||
8 | to October 31
in each school year. The report card shall | ||||||
9 | contain, but
not be limited to, actual local school attendance | ||||||
10 | center, school district
and statewide data indicating the | ||||||
11 | present performance of the school, the
State norms and the | ||||||
12 | areas for planned improvement for the school and school
| ||||||
13 | district.
| ||||||
14 | (3) (a) The report card shall include the following | ||||||
15 | applicable
indicators of attendance center, district, and | ||||||
16 | statewide student
performance: percent of students who exceed, | ||||||
17 | meet, or do not meet
standards established by the
State Board | ||||||
18 | of Education pursuant to Section 2-3.25a; composite and subtest
| ||||||
19 | means on
nationally normed achievement tests for
college bound | ||||||
20 | students; student attendance rates; chronic
truancy rate; | ||||||
21 | dropout rate;
graduation rate;
and student
mobility, turnover
| ||||||
22 | shown as a percent of transfers out and a percent of transfers | ||||||
23 | in.
| ||||||
24 | (b) The report card shall include the following | ||||||
25 | descriptions for the
school,
district, and State: average
class | ||||||
26 | size; amount of time per day devoted to mathematics, science,
|
| |||||||
| |||||||
1 | English and social science at primary,
middle and junior high | ||||||
2 | school grade levels;
number of students taking the Prairie | ||||||
3 | State Achievement Examination under
subsection (c) of
Section | ||||||
4 | 2-3.64, the number of those students who received a score of | ||||||
5 | excellent,
and
the average score by school of students taking | ||||||
6 | the examination;
pupil-teacher ratio; pupil-administrator | ||||||
7 | ratio;
operating expenditure per
pupil; district expenditure | ||||||
8 | by fund; average administrator salary; and average
teacher | ||||||
9 | salary.
The report card shall also specify the amount of money | ||||||
10 | that the district
receives from all sources, including without | ||||||
11 | limitation subcategories
specifying the amount from local | ||||||
12 | property taxes, the amount from
general State aid, the amount | ||||||
13 | from other State funding, and the amount
from other income.
| ||||||
14 | (c) The report card shall include applicable indicators of | ||||||
15 | parental
involvement in each attendance center. The parental | ||||||
16 | involvement component
of the report card shall include the | ||||||
17 | percentage of students whose parents
or guardians have had one | ||||||
18 | or more personal contacts with the students'
teachers during | ||||||
19 | the school year concerning the students' education, and such
| ||||||
20 | other information, commentary, and suggestions as the school | ||||||
21 | district
desires. For the purposes of this paragraph, "personal | ||||||
22 | contact" includes,
but is not limited to, parent-teacher | ||||||
23 | conferences, parental visits to
school, school visits to home, | ||||||
24 | telephone conversations, and written
correspondence. The | ||||||
25 | parental involvement component shall not single out or
identify | ||||||
26 | individual students, parents, or guardians by name.
|
| |||||||
| |||||||
1 | (d) The report card form shall be prepared by the State | ||||||
2 | Board of
Education and provided to school districts by the most | ||||||
3 | efficient, economic,
and appropriate means.
| ||||||
4 | (Source: P.A. 92-604, eff. 7-1-02; 92-631, eff. 7-11-02; | ||||||
5 | revised 7-26-02.)
| ||||||
6 | (105 ILCS 5/10-20.21a)
| ||||||
7 | Sec. 10-20.21a. Contracts for charter bus services. To | ||||||
8 | award
contracts for providing charter bus services for the sole | ||||||
9 | purpose of
transporting students regularly enrolled in grade 12 | ||||||
10 | or below to or
from interscholastic athletic or interscholastic | ||||||
11 | or school sponsored
activities.
| ||||||
12 | All contracts for providing charter bus services for the | ||||||
13 | sole
purpose of transporting students regularly enrolled in | ||||||
14 | grade 12 or
below to or from interscholastic athletic or | ||||||
15 | interscholastic or school
sponsored activities must contain | ||||||
16 | clause (A) as
set forth below, except that a contract with an | ||||||
17 | out-of-state company may
contain
clause (B), as set forth | ||||||
18 | below, or clause (A). The clause must be set
forth in the body | ||||||
19 | of the
contract in typeface of at least 12 points and all upper | ||||||
20 | case letters:
| ||||||
21 | (A) "ALL OF THE CHARTER BUS DRIVERS WHO WILL BE PROVIDING
| ||||||
22 | SERVICES UNDER THIS CONTRACT HAVE, OR WILL HAVE BEFORE ANY | ||||||
23 | SERVICES ARE
PROVIDED:
| ||||||
24 | (1) SUBMITTED THEIR FINGERPRINTS TO THE DEPARTMENT OF | ||||||
25 | STATE POLICE IN
THE FORM
AND MANNER PRESCRIBED BY THE |
| |||||||
| |||||||
1 | DEPARTMENT OF STATE
POLICE. THESE FINGERPRINTS SHALL BE | ||||||
2 | CHECKED AGAINST THE FINGERPRINT RECORDS
NOW AND HEREAFTER | ||||||
3 | FILED IN THE DEPARTMENT OF STATE
POLICE AND FEDERAL BUREAU | ||||||
4 | OF INVESTIGATION CRIMINAL HISTORY RECORDS
DATABASES. THE | ||||||
5 | FINGERPRINT CHECK HAS RESULTED A STATE POLICE
AGENCY AND | ||||||
6 | THE FEDERAL BUREAU OF INVESTIGATION FOR A CRIMINAL
| ||||||
7 | BACKGROUND CHECK, RESULTING IN A DETERMINATION
THAT THEY | ||||||
8 | HAVE NOT
BEEN CONVICTED OF COMMITTING ANY OF THE OFFENSES | ||||||
9 | SET FORTH IN
SUBDIVISION (C-1)(4) OF SECTION 6-508 OF THE | ||||||
10 | ILLINOIS VEHICLE
CODE; AND
| ||||||
11 | (2) DEMONSTRATED PHYSICAL FITNESS TO OPERATE
SCHOOL | ||||||
12 | BUSES BY SUBMITTING THE RESULTS OF A MEDICAL EXAMINATION,
| ||||||
13 | INCLUDING TESTS FOR DRUG USE, TO A STATE REGULATORY | ||||||
14 | AGENCY."
| ||||||
15 | (B) "NOT ALL OF THE CHARTER BUS DRIVERS WHO WILL BE | ||||||
16 | PROVIDING
SERVICES UNDER THIS CONTRACT HAVE, OR WILL HAVE | ||||||
17 | BEFORE ANY SERVICES ARE
PROVIDED:
| ||||||
18 | (1) SUBMITTED THEIR FINGERPRINTS TO THE DEPARTMENT OF | ||||||
19 | STATE POLICE IN
THE FORM
AND MANNER PRESCRIBED BY THE | ||||||
20 | DEPARTMENT OF STATE
POLICE. THESE FINGERPRINTS SHALL BE | ||||||
21 | CHECKED AGAINST THE FINGERPRINT RECORDS
NOW AND HEREAFTER | ||||||
22 | FILED IN THE DEPARTMENT OF STATE
POLICE AND FEDERAL BUREAU | ||||||
23 | OF INVESTIGATION CRIMINAL HISTORY RECORDS
DATABASES. THE | ||||||
24 | FINGERPRINT CHECK HAS RESULTED A STATE POLICE
AGENCY AND | ||||||
25 | THE FEDERAL BUREAU OF INVESTIGATION FOR A CRIMINAL
| ||||||
26 | BACKGROUND CHECK, RESULTING IN A DETERMINATION
THAT THEY |
| |||||||
| |||||||
1 | HAVE NOT
BEEN CONVICTED OF COMMITTING ANY OF THE OFFENSES | ||||||
2 | SET FORTH IN
SUBDIVISION (C-1)(4) OF SECTION 6-508 OF THE | ||||||
3 | ILLINOIS VEHICLE CODE;
AND
| ||||||
4 | (2) DEMONSTRATED PHYSICAL FITNESS TO OPERATE
SCHOOL | ||||||
5 | BUSES BY SUBMITTING THE RESULTS OF A MEDICAL EXAMINATION,
| ||||||
6 | INCLUDING TESTS FOR DRUG USE, TO A STATE REGULATORY | ||||||
7 | AGENCY."
| ||||||
8 | (Source: P.A. 93-476, eff. 1-1-04; 93-644, eff. 6-1-04; revised | ||||||
9 | 12-6-04.)
| ||||||
10 | (105 ILCS 5/10-20.35)
| ||||||
11 | Sec. 10-20.35. Medical information form for bus drivers and
| ||||||
12 | emergency medical technicians. School districts are encouraged | ||||||
13 | to
create and use an emergency medical information form for bus | ||||||
14 | drivers and
emergency medical technicians for those students | ||||||
15 | with special needs or
medical conditions. The form may include | ||||||
16 | without
limitation
information to be provided by the student's | ||||||
17 | parent or legal guardian
concerning the student's relevant | ||||||
18 | medical conditions, medications that
the student is taking, the | ||||||
19 | student's communication skills, and how a
bus driver or an | ||||||
20 | emergency medical technician is to respond to
certain behaviors | ||||||
21 | of the student. If the form is used, the school
district is | ||||||
22 | encouraged to notify parents and legal guardians of the
| ||||||
23 | availability of the form. The parent or legal guardian of the | ||||||
24 | student may fill
out the
form and submit it to the school that | ||||||
25 | the student is attending. The
school district is encouraged to |
| |||||||
| |||||||
1 | keep one copy of the form on file at the
school and another | ||||||
2 | copy on the student's school bus in a secure location.
| ||||||
3 | (Source: P.A. 92-580, eff. 7-1-02.)
| ||||||
4 | (105 ILCS 5/10-20.36)
| ||||||
5 | Sec. 10-20.36
10-20.35 . Psychotropic or psychostimulant | ||||||
6 | medication;
disciplinary
action.
| ||||||
7 | (a) In this Section:
| ||||||
8 | "Psychostimulant medication" means medication that | ||||||
9 | produces increased
levels of mental and physical energy and | ||||||
10 | alertness and an elevated mood
by stimulating the central | ||||||
11 | nervous system.
| ||||||
12 | "Psychotropic medication" means psychotropic medication as
| ||||||
13 | defined in Section 1-121.1 of the Mental Health and | ||||||
14 | Developmental
Disabilities Code.
| ||||||
15 | (b) Each school
board
must adopt and implement a policy | ||||||
16 | that prohibits any disciplinary action
that is based totally or | ||||||
17 | in part on the refusal of a student's parent or
guardian to | ||||||
18 | administer or consent to the administration of
psychotropic or | ||||||
19 | psychostimulant medication to the student.
| ||||||
20 | The policy must require that, at least once every 2 years, | ||||||
21 | the in-service
training of certified school personnel and | ||||||
22 | administrators include training
on current best practices | ||||||
23 | regarding the identification and treatment of
attention | ||||||
24 | deficit disorder and attention deficit hyperactivity disorder, | ||||||
25 | the
application of non-aversive behavioral interventions in |
| |||||||
| |||||||
1 | the school
environment, and the use of psychotropic or | ||||||
2 | psychostimulant medication for
school-age children.
| ||||||
3 | (c) This Section does not prohibit school medical staff, an
| ||||||
4 | individualized educational program team, or a professional | ||||||
5 | worker (as defined
in Section 14-1.10 of this Code)
from | ||||||
6 | recommending that a
student be evaluated by an appropriate | ||||||
7 | medical practitioner or prohibit
school personnel from | ||||||
8 | consulting with the practitioner with the consent
of the | ||||||
9 | student's parents or guardian.
| ||||||
10 | (Source: P.A. 92-663, eff. 1-1-03; revised 9-3-02.)
| ||||||
11 | (105 ILCS 5/10-20.37)
| ||||||
12 | Sec. 10-20.37. Summer kindergarten. A school board may
| ||||||
13 | establish, maintain, and operate, in connection with the | ||||||
14 | kindergarten
program of the school district, a summer | ||||||
15 | kindergarten program that
begins 2 months before the beginning | ||||||
16 | of the regular school year and a
summer kindergarten program | ||||||
17 | for grade one readiness for those pupils
making unsatisfactory | ||||||
18 | progress during the regular kindergarten session
that will | ||||||
19 | continue for 2 months after the regular school year. The
summer | ||||||
20 | kindergarten program may be held within the school district or,
| ||||||
21 | pursuant to a contract that must be approved by the State Board | ||||||
22 | of
Education, may be operated by 2 or more adjacent school | ||||||
23 | districts or by a
public or private university or college. | ||||||
24 | Transportation for students attending
the summer kindergarten | ||||||
25 | program shall be the responsibility of the school
district. The |
| |||||||
| |||||||
1 | expense of establishing, maintaining, and operating the summer
| ||||||
2 | kindergarten program may be paid from funds contributed or | ||||||
3 | otherwise made
available to the school district for that | ||||||
4 | purpose by federal or State
appropriation.
| ||||||
5 | (Source: P.A. 93-472, eff. 8-8-03.)
| ||||||
6 | (105 ILCS 5/10-20.38)
| ||||||
7 | Sec. 10-20.38
10-20.37 . Provision of student information
| ||||||
8 | prohibited. A school district may not provide a student's name, | ||||||
9 | address,
telephone number, social security number, e-mail | ||||||
10 | address, or other personal
identifying information to a | ||||||
11 | business organization or financial institution
that issues | ||||||
12 | credit or debit cards.
| ||||||
13 | (Source: P.A. 93-549, eff. 8-19-03; revised 9-28-03.)
| ||||||
14 | (105 ILCS 5/10-21.9) (from Ch. 122, par. 10-21.9)
| ||||||
15 | Sec. 10-21.9. Criminal history records checks and checks of | ||||||
16 | the Statewide Sex Offender Database and Statewide Child | ||||||
17 | Murderer and Violent Offender Against Youth Database .
| ||||||
18 | (a) Certified and noncertified applicants for employment | ||||||
19 | with a school
district, except school bus driver applicants, | ||||||
20 | are required as a condition
of employment to authorize a | ||||||
21 | fingerprint-based criminal history records check to determine | ||||||
22 | if such applicants have been convicted of any of
the enumerated | ||||||
23 | criminal or drug offenses in subsection (c) of this Section or
| ||||||
24 | have been convicted, within 7 years of the application for |
| |||||||
| |||||||
1 | employment with
the
school district, of any other felony under | ||||||
2 | the laws of this State or of any
offense committed or attempted | ||||||
3 | in any other state or against the laws of
the United States | ||||||
4 | that, if committed or attempted in this State, would
have been | ||||||
5 | punishable as a felony under the laws of this State.
| ||||||
6 | Authorization for
the check shall be furnished by the applicant | ||||||
7 | to
the school district, except that if the applicant is a | ||||||
8 | substitute teacher
seeking employment in more than one school | ||||||
9 | district, a teacher seeking
concurrent part-time employment | ||||||
10 | positions with more than one school
district (as a reading | ||||||
11 | specialist, special education teacher or otherwise),
or an | ||||||
12 | educational support personnel employee seeking employment | ||||||
13 | positions
with more than one district, any such district may | ||||||
14 | require the applicant to
furnish authorization for
the check to | ||||||
15 | the regional superintendent
of the educational service region | ||||||
16 | in which are located the school districts
in which the | ||||||
17 | applicant is seeking employment as a substitute or concurrent
| ||||||
18 | part-time teacher or concurrent educational support personnel | ||||||
19 | employee.
Upon receipt of this authorization, the school | ||||||
20 | district or the appropriate
regional superintendent, as the | ||||||
21 | case may be, shall submit the applicant's
name, sex, race, date | ||||||
22 | of birth, social security number, fingerprint images, and other | ||||||
23 | identifiers, as prescribed by the Department
of State Police, | ||||||
24 | to the Department. The regional
superintendent submitting the | ||||||
25 | requisite information to the Department of
State Police shall | ||||||
26 | promptly notify the school districts in which the
applicant is |
| |||||||
| |||||||
1 | seeking employment as a substitute or concurrent part-time
| ||||||
2 | teacher or concurrent educational support personnel employee | ||||||
3 | that
the
check of the applicant has been requested. The | ||||||
4 | Department of State Police and the Federal Bureau of | ||||||
5 | Investigation shall furnish, pursuant to a fingerprint-based | ||||||
6 | criminal history records check, records of convictions, until | ||||||
7 | expunged, to the president of the school board for the school | ||||||
8 | district that requested the check, or to the regional | ||||||
9 | superintendent who requested the check.
The
Department shall | ||||||
10 | charge
the school district
or the appropriate regional | ||||||
11 | superintendent a fee for
conducting
such check, which fee shall | ||||||
12 | be deposited in the State
Police Services Fund and shall not | ||||||
13 | exceed the cost of
the inquiry; and the
applicant shall not be | ||||||
14 | charged a fee for
such check by the school
district or by the | ||||||
15 | regional superintendent. Subject to appropriations for these | ||||||
16 | purposes, the State Superintendent of Education shall | ||||||
17 | reimburse school districts and regional superintendents for | ||||||
18 | fees paid to obtain criminal history records checks under this | ||||||
19 | Section.
| ||||||
20 | (a-5) The school district or regional superintendent shall | ||||||
21 | further perform a check of the Statewide Sex Offender Database, | ||||||
22 | as authorized by the Sex Offender Community Notification Law, | ||||||
23 | for each applicant.
| ||||||
24 | (a-6) The school district or regional superintendent shall | ||||||
25 | further perform a check of the Statewide Child Murderer and | ||||||
26 | Violent Offender Against Youth Database, as authorized by the |
| |||||||
| |||||||
1 | Child Murderer and Violent Offender Against Youth Community | ||||||
2 | Notification Law, for each applicant.
| ||||||
3 | (b)
Any information
concerning the record of convictions | ||||||
4 | obtained by the president of the
school board or the regional | ||||||
5 | superintendent shall be confidential and may
only be | ||||||
6 | transmitted to the superintendent of the school district or his
| ||||||
7 | designee, the appropriate regional superintendent if
the check | ||||||
8 | was
requested by the school district, the presidents of the | ||||||
9 | appropriate school
boards if
the check was requested from the | ||||||
10 | Department of State
Police by the regional superintendent, the | ||||||
11 | State Superintendent of
Education, the State Teacher | ||||||
12 | Certification Board or any other person
necessary to the | ||||||
13 | decision of hiring the applicant for employment. A copy
of the | ||||||
14 | record of convictions obtained from the Department of State | ||||||
15 | Police
shall be provided to the applicant for employment. Upon | ||||||
16 | the check of the Statewide Sex Offender Database, the school | ||||||
17 | district or regional superintendent shall notify an applicant | ||||||
18 | as to whether or not the applicant has been identified in the | ||||||
19 | Database as a sex offender. If a check of
an applicant for | ||||||
20 | employment as a substitute or concurrent part-time teacher
or | ||||||
21 | concurrent educational support personnel employee in more than | ||||||
22 | one
school district was requested by the regional | ||||||
23 | superintendent, and the
Department of State Police upon a check | ||||||
24 | ascertains that the applicant
has not been convicted of any of | ||||||
25 | the enumerated criminal or drug offenses
in subsection (c)
or | ||||||
26 | has not been convicted, within 7 years of the
application for
|
| |||||||
| |||||||
1 | employment with the
school district, of any other felony under | ||||||
2 | the laws of this State or of any
offense committed or attempted | ||||||
3 | in any other state or against the laws of
the United States | ||||||
4 | that, if committed or attempted in this State, would
have been | ||||||
5 | punishable as a felony under the laws of this State
and so | ||||||
6 | notifies the regional
superintendent and if the regional | ||||||
7 | superintendent upon a check ascertains that the applicant has | ||||||
8 | not been identified in the Sex Offender Database as a sex | ||||||
9 | offender, then the
regional superintendent shall issue to the | ||||||
10 | applicant a certificate
evidencing that as of the date | ||||||
11 | specified by the Department of State Police
the applicant has | ||||||
12 | not been convicted of any of the enumerated criminal or
drug | ||||||
13 | offenses in subsection (c)
or has not been
convicted, within 7 | ||||||
14 | years of the application for employment with the
school | ||||||
15 | district, of any other felony under the laws of this State or | ||||||
16 | of any
offense committed or attempted in any other state or | ||||||
17 | against the laws of
the United States that, if committed or | ||||||
18 | attempted in this State, would
have been punishable as a felony | ||||||
19 | under the laws of this State and evidencing that as of the date | ||||||
20 | that the regional superintendent conducted a check of the | ||||||
21 | Statewide Sex Offender Database, the applicant has not been | ||||||
22 | identified in the Database as a sex offender. The school
board | ||||||
23 | of
any
school district
may rely on the
certificate issued by | ||||||
24 | any regional superintendent to that substitute teacher, | ||||||
25 | concurrent part-time teacher, or concurrent educational | ||||||
26 | support personnel employee or may
initiate its own criminal |
| |||||||
| |||||||
1 | history records check of the applicant through the Department | ||||||
2 | of
State Police and its own check of the Statewide Sex Offender | ||||||
3 | Database as provided in subsection (a). Any person who releases | ||||||
4 | any
confidential information concerning any criminal | ||||||
5 | convictions of an
applicant for employment shall be guilty of a | ||||||
6 | Class A misdemeanor, unless
the release of such information is | ||||||
7 | authorized by this Section.
| ||||||
8 | (c) No school board shall knowingly employ a person who has | ||||||
9 | been
convicted for committing attempted first degree murder or | ||||||
10 | for committing or
attempting to commit first degree murder or a | ||||||
11 | Class X felony or any one or
more of the
following offenses: | ||||||
12 | (i) those defined in Sections 11-6, 11-9, 11-14, 11-15,
| ||||||
13 | 11-15.1, 11-16, 11-17, 11-18, 11-19, 11-19.1, 11-19.2, 11-20, | ||||||
14 | 11-20.1,
11-21, 12-13, 12-14,
12-14.1,
12-15 and 12-16 of the | ||||||
15 | Criminal Code of 1961; (ii)
those defined in the Cannabis | ||||||
16 | Control Act except those defined in Sections
4(a), 4(b) and | ||||||
17 | 5(a) of that Act; (iii) those defined in the Illinois
| ||||||
18 | Controlled Substances Act; (iv) those defined in the | ||||||
19 | Methamphetamine Control and Community Protection Act; and (v) | ||||||
20 | any
offense committed or attempted in
any other state or | ||||||
21 | against the laws of the United States, which if
committed or | ||||||
22 | attempted in this State, would have been punishable as one or
| ||||||
23 | more of the foregoing offenses.
Further, no school board shall | ||||||
24 | knowingly employ a person who has been found
to be the | ||||||
25 | perpetrator of sexual or physical abuse of any minor under 18 | ||||||
26 | years
of age pursuant to proceedings under Article II of the |
| |||||||
| |||||||
1 | Juvenile Court Act of
1987.
| ||||||
2 | (d) No school board shall knowingly employ a person for | ||||||
3 | whom a criminal
history records check and a Statewide Sex | ||||||
4 | Offender Database check has not been initiated.
| ||||||
5 | (e) Upon receipt of the record of a conviction of or a | ||||||
6 | finding of child
abuse by a holder of any
certificate issued | ||||||
7 | pursuant to Article 21 or Section 34-8.1 or 34-83 of the
School | ||||||
8 | Code, the appropriate regional superintendent of schools or the
| ||||||
9 | State Superintendent of Education shall initiate the | ||||||
10 | certificate suspension
and revocation proceedings authorized | ||||||
11 | by law.
| ||||||
12 | (f) After January 1, 1990 the provisions of this Section | ||||||
13 | shall apply
to all employees of persons or firms holding | ||||||
14 | contracts with any school
district including, but not limited | ||||||
15 | to, food service workers, school bus
drivers and other | ||||||
16 | transportation employees, who have direct, daily contact
with | ||||||
17 | the pupils of any school in such district. For purposes of | ||||||
18 | criminal
history records checks and checks of the Statewide Sex | ||||||
19 | Offender Database on employees of persons or firms holding
| ||||||
20 | contracts with more than one school district and assigned to | ||||||
21 | more than one
school district, the regional superintendent of | ||||||
22 | the educational service
region in which the contracting school | ||||||
23 | districts are located may, at the
request of any such school | ||||||
24 | district, be responsible for receiving the
authorization for
a | ||||||
25 | criminal history records check prepared by each such employee | ||||||
26 | and
submitting the same to the Department of State Police and |
| |||||||
| |||||||
1 | for conducting a check of the Statewide Sex Offender Database | ||||||
2 | for each employee. Any information
concerning the record of | ||||||
3 | conviction and identification as a sex offender of any such | ||||||
4 | employee obtained by the
regional superintendent shall be | ||||||
5 | promptly reported to the president of the
appropriate school | ||||||
6 | board or school boards.
| ||||||
7 | (Source: P.A. 93-418, eff. 1-1-04; 93-909, eff. 8-12-04; | ||||||
8 | 94-219, eff. 7-14-05; 94-556, eff. 9-11-05; 94-875, eff. | ||||||
9 | 7-1-06; 94-945, eff. 6-27-06; revised 8-3-06.)
| ||||||
10 | (105 ILCS 5/10-22.20) (from Ch. 122, par. 10-22.20)
| ||||||
11 | Sec. 10-22.20. Classes for adults and youths whose | ||||||
12 | schooling has
been interrupted; conditions for State | ||||||
13 | reimbursement; use of child
care facilities.
| ||||||
14 | (a) To establish special classes for the instruction (1)
of | ||||||
15 | persons of age 21 years or over, and (2) of persons less than | ||||||
16 | age 21
and not otherwise in attendance in public school, for | ||||||
17 | the purpose of
providing adults in the community, and youths | ||||||
18 | whose schooling has been
interrupted, with such additional | ||||||
19 | basic education, vocational skill
training, and other | ||||||
20 | instruction as may be necessary to increase their
| ||||||
21 | qualifications for employment or other means of self-support | ||||||
22 | and their
ability to meet their responsibilities as citizens | ||||||
23 | including courses of
instruction regularly accepted for | ||||||
24 | graduation from elementary or high
schools and for | ||||||
25 | Americanization and General Educational Development
Review |
| |||||||
| |||||||
1 | classes.
| ||||||
2 | The board shall pay the necessary expenses of such classes | ||||||
3 | out of
school funds of the district, including costs of student | ||||||
4 | transportation
and such facilities or provision for child-care | ||||||
5 | as may be necessary in
the judgment of the board to permit | ||||||
6 | maximum utilization of the courses
by students with children, | ||||||
7 | and other special needs of the students
directly related to | ||||||
8 | such instruction. The expenses thus incurred shall
be subject | ||||||
9 | to State reimbursement, as provided in this Section. The
board | ||||||
10 | may make a tuition charge for persons taking instruction who | ||||||
11 | are
not subject to State reimbursement, such tuition charge not | ||||||
12 | to exceed
the per capita cost of such classes.
| ||||||
13 | The cost of such instruction, including the additional | ||||||
14 | expenses herein
authorized, incurred for recipients of | ||||||
15 | financial aid under the Illinois
Public Aid Code, or for | ||||||
16 | persons for whom education and training aid has been
authorized | ||||||
17 | under Section 9-8 of that Code, shall be assumed in its | ||||||
18 | entirety
from funds appropriated by the State to the Illinois | ||||||
19 | Community College
Board.
| ||||||
20 | (b) The
Illinois Community College Board shall establish
| ||||||
21 | the standards for the
courses of instruction reimbursed
under | ||||||
22 | this Section. The Illinois Community College Board shall | ||||||
23 | supervise the
administration of the programs. The Illinois | ||||||
24 | Community College Board shall
determine the cost
of instruction | ||||||
25 | in accordance with standards established by the the Illinois
| ||||||
26 | Community College Board, including therein
other incidental |
| |||||||
| |||||||
1 | costs as herein authorized, which shall serve as the basis of
| ||||||
2 | State reimbursement in accordance with the provisions of this | ||||||
3 | Section. In the
approval of programs and the determination of | ||||||
4 | the cost of instruction, the
Illinois Community College Board | ||||||
5 | shall provide
for the maximum utilization of federal
funds for | ||||||
6 | such programs.
The Illinois Community College Board shall also | ||||||
7 | provide for:
| ||||||
8 | (1) the development of an index of need for program | ||||||
9 | planning and for area
funding allocations, as defined by | ||||||
10 | the Illinois Community College Board;
| ||||||
11 | (2) the method for calculating hours of instruction, as | ||||||
12 | defined by the
Illinois Community College Board, claimable
| ||||||
13 | for reimbursement and a method to phase in
the calculation | ||||||
14 | and for adjusting the calculations in cases where the | ||||||
15 | services
of a program are interrupted due to circumstances | ||||||
16 | beyond the control of the
program provider;
| ||||||
17 | (3) a plan for the reallocation of funds to increase | ||||||
18 | the amount allocated
for grants based upon program | ||||||
19 | performance as set forth in subsection (d) below;
and
| ||||||
20 | (4) the development of standards for determining | ||||||
21 | grants based upon
performance as set forth in subsection | ||||||
22 | (d) below and a plan for the phased-in
implementation of | ||||||
23 | those standards.
| ||||||
24 | For instruction provided by school districts and community | ||||||
25 | college
districts beginning July 1, 1996 and thereafter, | ||||||
26 | reimbursement
provided by
the Illinois Community College Board |
| |||||||
| |||||||
1 | for
classes authorized by this Section
shall be provided from
| ||||||
2 | funds appropriated for the reimbursement criteria set forth in | ||||||
3 | subsection (c)
below.
| ||||||
4 | (c) Upon the annual approval of the Illinois Community | ||||||
5 | College Board, reimbursement
shall be first provided for | ||||||
6 | transportation, child care services, and other
special needs of | ||||||
7 | the students directly related to instruction and then from the
| ||||||
8 | funds remaining
an amount equal to the product of the total | ||||||
9 | credit hours or units
of instruction approved by the Illinois | ||||||
10 | Community College Board, multiplied by the
following:
| ||||||
11 | (1) For adult basic education, the maximum | ||||||
12 | reimbursement per
credit hour
or per unit of instruction | ||||||
13 | shall be equal to the general state aid per pupil
| ||||||
14 | foundation level established in subsection (B) of Section | ||||||
15 | 18-8.05, divided by
60;
| ||||||
16 | (2) The maximum reimbursement per credit hour or per | ||||||
17 | unit of
instruction
in subparagraph (1) above shall be | ||||||
18 | weighted for students enrolled in classes
defined as | ||||||
19 | vocational skills and
approved
by the Illinois Community | ||||||
20 | College Board by
1.25;
| ||||||
21 | (3) The maximum reimbursement per credit hour or per | ||||||
22 | unit of
instruction
in subparagraph (1) above shall be | ||||||
23 | multiplied by .90 for students enrolled in
classes defined | ||||||
24 | as adult
secondary
education programs and approved by the | ||||||
25 | Illinois Community College Board;
| ||||||
26 | (4) (Blank); and
|
| |||||||
| |||||||
1 | (5) Funding
for program years after 1999-2000 shall be | ||||||
2 | determined by the Illinois
Community College Board.
| ||||||
3 | (d) Upon its annual approval, the Illinois Community | ||||||
4 | College Board
shall provide grants to eligible programs for | ||||||
5 | supplemental
activities to improve or expand services under the | ||||||
6 | Adult Education Act.
Eligible programs shall be determined | ||||||
7 | based upon performance outcomes of
students in the programs as | ||||||
8 | set by the Illinois Community College Board.
| ||||||
9 | (e) Reimbursement under this Section shall not exceed
the | ||||||
10 | actual costs of the approved program.
| ||||||
11 | If the amount appropriated to the Illinois Community | ||||||
12 | College Board for
reimbursement under this Section is less than | ||||||
13 | the amount required under
this Act, the apportionment shall
be | ||||||
14 | proportionately reduced.
| ||||||
15 | School districts and community college districts may | ||||||
16 | assess students up
to $3.00 per credit hour, for classes other | ||||||
17 | than Adult Basic Education level
programs, if needed to meet | ||||||
18 | program costs.
| ||||||
19 | (f) An education plan shall be established for each adult | ||||||
20 | or youth
whose
schooling has been interrupted and who is | ||||||
21 | participating in the
instructional programs provided under | ||||||
22 | this Section.
| ||||||
23 | Each school board and community college shall keep an | ||||||
24 | accurate and
detailed account of the
students assigned to and | ||||||
25 | receiving instruction under this Section who
are subject to | ||||||
26 | State reimbursement and shall submit reports of services
|
| |||||||
| |||||||
1 | provided commencing with fiscal year 1997 as required by the | ||||||
2 | Illinois
Community College Board.
| ||||||
3 | For classes authorized under this Section, a credit hour or | ||||||
4 | unit of
instruction is equal to 15 hours of direct instruction | ||||||
5 | for students
enrolled in approved adult education programs at | ||||||
6 | midterm and making
satisfactory progress, in accordance with | ||||||
7 | standards established by the Illinois Community College Board.
| ||||||
8 | (g) Upon proof submitted to the Illinois
Department of | ||||||
9 | Human Services of the payment of all claims submitted under
| ||||||
10 | this Section, that Department shall apply for federal funds | ||||||
11 | made
available therefor and any federal funds so received shall
| ||||||
12 | be paid into the General Revenue Fund in the State Treasury.
| ||||||
13 | School districts or community colleges providing classes | ||||||
14 | under this Section
shall submit applications to the Illinois | ||||||
15 | Community College Board for
preapproval in accordance with the | ||||||
16 | standards established by the Illinois
Community College Board. | ||||||
17 | Payments shall be made by the Illinois Community
College Board | ||||||
18 | based upon approved programs. Interim expenditure reports may
| ||||||
19 | be required by the Illinois Community College Board. Final
| ||||||
20 | claims for the school year shall be submitted to the regional | ||||||
21 | superintendents
for transmittal to the Illinois Community | ||||||
22 | College Board. Final adjusted
payments shall be made by | ||||||
23 | September
30.
| ||||||
24 | If a school district or community college district fails to | ||||||
25 | provide, or
is providing unsatisfactory or insufficient | ||||||
26 | classes under this Section,
the Illinois Community College |
| |||||||
| |||||||
1 | Board may enter
into agreements with public or
private | ||||||
2 | educational or other agencies other than the public schools for
| ||||||
3 | the establishment of such classes.
| ||||||
4 | (h) If a school district or community college district | ||||||
5 | establishes
child-care
facilities for the children of | ||||||
6 | participants in classes established under
this Section, it may | ||||||
7 | extend the use of these facilities to students who
have | ||||||
8 | obtained employment and to other persons in the community whose
| ||||||
9 | children require care and supervision while the parent or other | ||||||
10 | person in
charge of the children is employed or otherwise | ||||||
11 | absent from the home during
all or part of the day. It may make | ||||||
12 | the facilities available before and
after as well as during | ||||||
13 | regular school hours to school age and preschool
age children | ||||||
14 | who may benefit thereby, including children who require care
| ||||||
15 | and supervision pending the return of their parent or other | ||||||
16 | person in
charge of their care from employment or other | ||||||
17 | activity requiring absence
from the home.
| ||||||
18 | The Illinois Community College Board shall
pay to the board | ||||||
19 | the cost of care
in the facilities for any child who is a | ||||||
20 | recipient of financial aid
under the Illinois Public Aid Code.
| ||||||
21 | The board may charge for care of children for whom it | ||||||
22 | cannot make
claim under the provisions of this Section. The | ||||||
23 | charge shall not exceed
per capita cost, and to the extent | ||||||
24 | feasible, shall be fixed at a level
which will permit | ||||||
25 | utilization by employed parents of low or moderate
income. It | ||||||
26 | may also permit any other State or local governmental agency
or |
| |||||||
| |||||||
1 | private agency providing care for children to purchase care.
| ||||||
2 | After July 1, 1970 when the provisions of Section 10-20.20 | ||||||
3 | become
operative in the district, children in a child-care | ||||||
4 | facility shall be
transferred to the kindergarten established | ||||||
5 | under that Section for such
portion of the day as may be | ||||||
6 | required for the kindergarten program, and
only the prorated | ||||||
7 | costs of care and training provided in the Center for
the | ||||||
8 | remaining period shall be charged to the Illinois Department of
| ||||||
9 | Human Services or other persons or agencies paying for such | ||||||
10 | care.
| ||||||
11 | (i) The provisions of this Section shall also apply to | ||||||
12 | school
districts having a population exceeding 500,000.
| ||||||
13 | (j) In addition to claiming reimbursement under this | ||||||
14 | Section, a school
district may claim general State aid under | ||||||
15 | Section 18-8.05 for any student
under age 21 who is enrolled in | ||||||
16 | courses accepted for graduation from elementary
or high school | ||||||
17 | and who otherwise meets the requirements of Section 18-8.05.
| ||||||
18 | (Source: P.A. 93-21, eff. 7-1-03; revised 9-28-06.)
| ||||||
19 | (105 ILCS 5/10-28)
| ||||||
20 | Sec. 10-28. Sharing information on school lunch | ||||||
21 | applicants. A school board shall, whenever requested by the | ||||||
22 | Department of Healthcare and Family Services (formerly | ||||||
23 | Department of Public Aid ) ,
agree in writing with the Department | ||||||
24 | of Healthcare and Family Services
Public Aid (as
the State | ||||||
25 | agency that administers the State Medical Assistance Program
as |
| |||||||
| |||||||
1 | provided in Title XIX of the federal Social Security Act and | ||||||
2 | the State
Children's Health Insurance Program as provided in | ||||||
3 | Title XXI of the
federal Social Security Act) to share with the | ||||||
4 | Department of Healthcare and Family Services
Public Aid
| ||||||
5 | information on applicants for free or reduced-price lunches.
A | ||||||
6 | school board shall, whenever requested by the Department of | ||||||
7 | Healthcare and Family Services (formerly Department of Public
| ||||||
8 | Aid ) , require each of its schools to agree in writing with the | ||||||
9 | Department of Healthcare and Family Services
Public Aid to | ||||||
10 | share with the Department of Healthcare and Family Services
| ||||||
11 | Public Aid information on
applicants for free or reduced-price | ||||||
12 | lunches.
This
sharing of information shall be for the sole | ||||||
13 | purpose of helping the
Department of Healthcare and Family | ||||||
14 | Services
Public Aid identify and enroll children in the State | ||||||
15 | Medical
Assistance Program or the State Children's Health | ||||||
16 | Insurance Program or
both as allowed under 42 U.S.C. Sec. | ||||||
17 | 1758(b)(2)(C)(iii)(IV) and under the
restrictions set forth in | ||||||
18 | 42 U.S.C. Sec. 1758(b)(2)(C)(vi) and (vii).
| ||||||
19 | (Source: P.A. 93-404, eff. 8-1-03; revised 12-15-05.)
| ||||||
20 | (105 ILCS 5/11E-110) | ||||||
21 | Sec. 11E-110. Teachers in contractual continued service. | ||||||
22 | (a) When a school district conversion or multi-unit | ||||||
23 | conversion becomes effective for purposes of administration | ||||||
24 | and attendance, as determined pursuant to Section 11E-70 of | ||||||
25 | this Code, the provisions of Section 24-12 of this Code |
| |||||||
| |||||||
1 | relative to the contractual continued service status of | ||||||
2 | teachers having contractual continued service whose positions | ||||||
3 | are transferred from one school board to the control of a new | ||||||
4 | or different school board shall apply, and the positions held | ||||||
5 | by teachers, as that term is defined in Section 24-11 of this | ||||||
6 | Code, having contractual continued service with the unit | ||||||
7 | district at the time of its dissolution shall be transferred on | ||||||
8 | the following basis: | ||||||
9 | (1) positions of teachers in contractual continued | ||||||
10 | service that, during the 5 school years immediately | ||||||
11 | preceding the effective date of the change, as determined | ||||||
12 | under Section 11E-70 of this Code, were full-time positions | ||||||
13 | in which all of the time required of the position was spent | ||||||
14 | in one or more of grades 9 through 12 shall be transferred | ||||||
15 | to the control of the school board of the new high school | ||||||
16 | district or combined high school - unit district, as the | ||||||
17 | case may be; | ||||||
18 | (2) positions of teachers in contractual continued | ||||||
19 | service that, during the 5 school years immediately | ||||||
20 | preceding the effective date of the change, as determined | ||||||
21 | under Section 11E-70 of this Code, were full-time positions | ||||||
22 | in which all of the time required of the position was spent | ||||||
23 | in one or more of grades kindergarten through 8 shall be | ||||||
24 | transferred to the control of the school board of the newly | ||||||
25 | created successor elementary district; and | ||||||
26 | (3) positions of teachers in contractual continued |
| |||||||
| |||||||
1 | service that were full-time positions not required to be | ||||||
2 | transferred to the control of the school board of the new | ||||||
3 | high school district or combined high school - unit | ||||||
4 | district, as the case may be,
or the school board of the | ||||||
5 | newly created successor elementary district under the | ||||||
6 | provisions of subdivision (1) or (2) of this subsection (a) | ||||||
7 | shall be transferred to the control of whichever of the | ||||||
8 | boards the teacher shall request. | ||||||
9 | (4) With respect to each position to be transferred under | ||||||
10 | the provisions of this subsection (a), the amount of time | ||||||
11 | required of each position to be spent in one or more of grades | ||||||
12 | kindergarten through 8 and 9 through 12 shall be determined | ||||||
13 | with reference to the applicable records of the unit district | ||||||
14 | being dissolved pursuant to stipulation of the school board of | ||||||
15 | the unit district prior to the effective date of its | ||||||
16 | dissolution or thereafter of the school board of the newly | ||||||
17 | created districts and with the approval in either case of the | ||||||
18 | regional superintendent of schools of the educational service | ||||||
19 | region in which the territory described in the petition filed | ||||||
20 | under this Article or the greater percentage of equalized | ||||||
21 | assessed evaluation of the territory is situated; however, if | ||||||
22 | no such stipulation can be agreed upon, the regional | ||||||
23 | superintendent of schools, after hearing any additional | ||||||
24 | relevant and material evidence that any school board desires to | ||||||
25 | submit, shall make the determination. | ||||||
26 | (b) When the creation of a unit district or a combined |
| |||||||
| |||||||
1 | school district becomes effective for purposes of | ||||||
2 | administration and attendance, as determined pursuant to | ||||||
3 | Section 11E-70 of this Code, the positions of teachers in | ||||||
4 | contractual continued service in the districts involved in the | ||||||
5 | creation of the new district are transferred to the newly | ||||||
6 | created district pursuant to the provisions of Section 24-12 of | ||||||
7 | this Code relative to teachers having contractual continued | ||||||
8 | service status whose positions are transferred from one board | ||||||
9 | to the control of a different board, and those provisions of | ||||||
10 | Section 24-12 shall apply to these transferred teachers. The | ||||||
11 | contractual continued service status of any teacher thereby | ||||||
12 | transferred to the newly created district is not lost and the | ||||||
13 | new school board is subject to this Code with respect to the | ||||||
14 | transferred teacher in the same manner as if the teacher was | ||||||
15 | that district's employee and had been its employee during the | ||||||
16 | time the teacher was actually employed by the school board of | ||||||
17 | the district from which the position was transferred.
| ||||||
18 | (Source: P.A. 94-1019, eff. 7-10-06; revised 8-23-06.) | ||||||
19 | (105 ILCS 5/11E-135) | ||||||
20 | Sec. 11E-135. Incentives. For districts reorganizing under | ||||||
21 | this Article and for a district or districts that annex all of | ||||||
22 | the territory of one or more entire other school districts in | ||||||
23 | accordance with Article 7 of this Code, the following payments | ||||||
24 | shall be made from appropriations made for these purposes: | ||||||
25 | (a)(1) For a combined school district, as defined in |
| |||||||
| |||||||
1 | Section 11E-20 of this Code, or for a unit district, as defined | ||||||
2 | in Section 11E-25 of this Code, for its first year of | ||||||
3 | existence, the general State aid and supplemental general State | ||||||
4 | aid calculated under Section 18-8.05 of this Code shall be | ||||||
5 | computed for the new district and for the previously existing | ||||||
6 | districts for which property is totally included within the new | ||||||
7 | district. If the computation on the basis of the previously | ||||||
8 | existing districts is greater, a supplementary payment equal to | ||||||
9 | the difference shall be made for the first 4 years of existence | ||||||
10 | of the new district. | ||||||
11 | (2) For a school district that annexes all of the territory | ||||||
12 | of one or more entire other school districts as defined in | ||||||
13 | Article 7 of this Code, for the first year during which the | ||||||
14 | change of boundaries attributable to the annexation becomes | ||||||
15 | effective for all purposes, as determined under Section 7-9 of | ||||||
16 | this Code, the general State aid and supplemental general State | ||||||
17 | aid calculated under Section 18-8.05 of this Code shall be | ||||||
18 | computed for the annexing district as constituted after the | ||||||
19 | annexation and for the annexing and each annexed district as | ||||||
20 | constituted prior to the annexation; and if the computation on | ||||||
21 | the basis of the annexing and annexed districts as constituted | ||||||
22 | prior to the annexation is greater, then a supplementary | ||||||
23 | payment equal to the difference shall be made for the first 4 | ||||||
24 | years of existence of the annexing school district as | ||||||
25 | constituted upon the annexation. | ||||||
26 | (3) For 2 or more school districts that annex all of the |
| |||||||
| |||||||
1 | territory of one or more entire other school districts, as | ||||||
2 | defined in Article 7 of this Code, for the first year during | ||||||
3 | which the change of boundaries attributable to the annexation | ||||||
4 | becomes effective for all purposes, as determined under Section | ||||||
5 | 7-9 of this Code, the general State aid and supplemental | ||||||
6 | general State aid calculated under Section 18-8.05 of this Code | ||||||
7 | shall be computed for each annexing district as constituted | ||||||
8 | after the annexation and for each annexing and annexed district | ||||||
9 | as constituted prior to the annexation; and if the aggregate of | ||||||
10 | the general State aid and supplemental general State aid as so | ||||||
11 | computed for the annexing districts as constituted after the | ||||||
12 | annexation is less than the aggregate of the general State aid | ||||||
13 | and supplemental general State aid as so computed for the | ||||||
14 | annexing and annexed districts, as constituted prior to the | ||||||
15 | annexation, then a supplementary payment equal to the | ||||||
16 | difference shall be made and allocated between or among the | ||||||
17 | annexing districts, as constituted upon the annexation, for the | ||||||
18 | first 4 years of their existence. The total difference payment | ||||||
19 | shall be allocated between or among the annexing districts in | ||||||
20 | the same ratio as the pupil enrollment from that portion of the | ||||||
21 | annexed district or districts that is annexed to each annexing | ||||||
22 | district bears to the total pupil enrollment from the entire | ||||||
23 | annexed district or districts, as such pupil enrollment is | ||||||
24 | determined for the school year last ending prior to the date | ||||||
25 | when the change of boundaries attributable to the annexation | ||||||
26 | becomes effective for all purposes. The amount of the total |
| |||||||
| |||||||
1 | difference payment and the amount thereof to be allocated to | ||||||
2 | the annexing districts shall be computed by the State Board of | ||||||
3 | Education on the basis of pupil enrollment and other data that | ||||||
4 | shall be certified to the State Board of Education, on forms | ||||||
5 | that it shall provide for that purpose, by the regional | ||||||
6 | superintendent of schools for each educational service region | ||||||
7 | in which the annexing and annexed districts are located. | ||||||
8 | (4) For a school district conversion, as defined in Section | ||||||
9 | 11E-15 of this Code, or a multi-unit conversion, as defined in | ||||||
10 | subsection (b) of Section 11E-30 of this Code, if in their | ||||||
11 | first year of existence the newly created elementary districts | ||||||
12 | and the newly created high school district, from a school | ||||||
13 | district conversion, or the newly created elementary district | ||||||
14 | or districts and newly created combined high school - unit | ||||||
15 | district, from a multi-unit conversion, qualify for less | ||||||
16 | general State aid under Section 18-8.05 of this Code than would | ||||||
17 | have been payable under Section 18-8.05 for that same year to | ||||||
18 | the previously existing districts, then a supplementary | ||||||
19 | payment equal to that difference shall be made for the first 4 | ||||||
20 | years of existence of the newly created districts. The | ||||||
21 | aggregate amount of each supplementary payment shall be | ||||||
22 | allocated among the newly created districts in the proportion | ||||||
23 | that the deemed pupil enrollment in each district during its | ||||||
24 | first year of existence bears to the actual aggregate pupil | ||||||
25 | enrollment in all of the districts during their first year of | ||||||
26 | existence. For purposes of each allocation: |
| |||||||
| |||||||
1 | (A) the deemed pupil enrollment of the newly created | ||||||
2 | high school district from a school district conversion | ||||||
3 | shall be an amount equal to its actual pupil enrollment for | ||||||
4 | its first year of existence multiplied by 1.25; | ||||||
5 | (B) the deemed pupil enrollment of each newly created | ||||||
6 | elementary district from a school district conversion | ||||||
7 | shall be an amount equal to its actual pupil enrollment for | ||||||
8 | its first year of existence reduced by an amount equal to | ||||||
9 | the product obtained when the amount by which the newly | ||||||
10 | created high school district's deemed pupil enrollment | ||||||
11 | exceeds its actual pupil enrollment for its first year of | ||||||
12 | existence is multiplied by a fraction, the numerator of | ||||||
13 | which is the actual pupil enrollment of the newly created | ||||||
14 | elementary district for its first year of existence and the | ||||||
15 | denominator of which is the actual aggregate pupil | ||||||
16 | enrollment of all of the newly created elementary districts | ||||||
17 | for their first year of existence; | ||||||
18 | (C) the deemed high school pupil enrollment of the | ||||||
19 | newly created combined high school - unit district from a | ||||||
20 | multi-unit conversion shall be an amount equal to its | ||||||
21 | actual grades 9 through 12 pupil enrollment for its first | ||||||
22 | year of existence multiplied by 1.25; and | ||||||
23 | (D) the deemed elementary pupil enrollment of each | ||||||
24 | newly created district from a multi-unit conversion shall | ||||||
25 | be an amount equal to each district's actual grade K | ||||||
26 | through 8 pupil enrollment for its first year of existence, |
| |||||||
| |||||||
1 | reduced by an amount equal to the product obtained when the | ||||||
2 | amount by which the newly created combined high school - | ||||||
3 | unit district's deemed high school pupil enrollment | ||||||
4 | exceeds its actual grade 9 through 12 pupil enrollment for | ||||||
5 | its first year of existence is multiplied by a fraction, | ||||||
6 | the numerator of which is the actual grade K through 8 | ||||||
7 | pupil enrollment of each newly created district for its | ||||||
8 | first year of existence and the denominator of which is the | ||||||
9 | actual aggregate grade K through 8 pupil enrollment of all | ||||||
10 | such newly created districts for their first year of | ||||||
11 | existence. | ||||||
12 |
The aggregate amount of each supplementary payment under | ||||||
13 | this subdivision (4) and the amount thereof to be allocated to | ||||||
14 | the newly created districts shall be computed by the State | ||||||
15 | Board of Education on the basis of pupil enrollment and other | ||||||
16 | data, which shall be certified to the State Board of Education, | ||||||
17 | on forms that it shall provide for that purpose, by the | ||||||
18 | regional superintendent of schools for each educational | ||||||
19 | service region in which the newly created districts are | ||||||
20 | located.
| ||||||
21 | (5) For a partial elementary unit district, as defined in | ||||||
22 | subsection (a) or (c) of Section 11E-30 of this Code, if, in | ||||||
23 | the first year of existence, the newly created partial | ||||||
24 | elementary unit district qualifies for less general State aid | ||||||
25 | and supplemental general State aid under Section 18-8.05 of | ||||||
26 | this Code than would have been payable under that Section for |
| |||||||
| |||||||
1 | that same year to the previously existing districts that formed | ||||||
2 | the partial elementary unit district, then a supplementary | ||||||
3 | payment equal to that difference shall be made to the partial | ||||||
4 | elementary unit district for the first 4 years of existence of | ||||||
5 | that newly created district. | ||||||
6 | (6) For an elementary opt-in, as described in subsection | ||||||
7 | (d) of Section 11E-30 of this Code, the general State aid | ||||||
8 | difference shall be computed in accordance with paragraph (5) | ||||||
9 | of this subsection (a) as if the elementary opt-in was included | ||||||
10 | in an optional elementary unit district at the optional | ||||||
11 | elementary unit district's original effective date. If the | ||||||
12 | calculation in this paragraph (6) is less than that calculated | ||||||
13 | in paragraph (5) of this subsection (a) at the optional | ||||||
14 | elementary unit district's original effective date, then no | ||||||
15 | adjustments may be made. If the calculation in this paragraph | ||||||
16 | (6) is more than that calculated in paragraph (5) of this | ||||||
17 | subsection (a) at the optional elementary unit district's | ||||||
18 | original effective date, then the excess must be paid as | ||||||
19 | follows: | ||||||
20 | (A) If the effective date for the elementary opt-in is | ||||||
21 | one year after the effective date for the optional | ||||||
22 | elementary unit district, 100% of the calculated excess | ||||||
23 | shall be paid to the optional elementary unit district in | ||||||
24 | each of the first 4 years after the effective date of the | ||||||
25 | elementary opt-in. | ||||||
26 | (B) If the effective date for the elementary opt-in is |
| |||||||
| |||||||
1 | 2 years after the effective date for the optional | ||||||
2 | elementary unit district, 75% of the calculated excess | ||||||
3 | shall be paid to the optional elementary unit district in | ||||||
4 | each of the first 4 years after the effective date of the | ||||||
5 | elementary opt-in. | ||||||
6 | (C) If the effective date for the elementary opt-in is | ||||||
7 | 3 years after the effective date for the optional | ||||||
8 | elementary unit district, 50% of the calculated excess | ||||||
9 | shall be paid to the optional elementary unit district in | ||||||
10 | each of the first 4 years after the effective date of the | ||||||
11 | elementary opt-in. | ||||||
12 | (D) If the effective date for the elementary opt-in is | ||||||
13 | 4 years after the effective date for the optional | ||||||
14 | elementary unit district, 25% of the calculated excess | ||||||
15 | shall be paid to the optional elementary unit district in | ||||||
16 | each of the first 4 years after the effective date of the | ||||||
17 | elementary opt-in. | ||||||
18 | (E) If the effective date for the elementary opt-in is | ||||||
19 | 5 years after the effective date for the optional | ||||||
20 | elementary unit district, the optional elementary unit | ||||||
21 | district is not eligible for any additional incentives due | ||||||
22 | to the elementary opt-in. | ||||||
23 | (7) Claims for financial assistance under this subsection | ||||||
24 | (a) may not be recomputed except as expressly provided under | ||||||
25 | Section 18-8.05 of this Code. | ||||||
26 | (8) Any supplementary payment made under this subsection |
| |||||||
| |||||||
1 | (a) must be treated as separate from all other payments made | ||||||
2 | pursuant to Section 18-8.05 of this Code. | ||||||
3 | (b)(1) After the formation of a combined school district, | ||||||
4 | as defined in Section 11E-20 of this Code, or a unit district, | ||||||
5 | as defined in Section 11E-25 of this Code, a computation shall | ||||||
6 | be made to determine the difference between the salaries | ||||||
7 | effective in each of the previously existing districts on June | ||||||
8 | 30, prior to the creation of the new district. For the first 4 | ||||||
9 | years after the formation of the new district, a supplementary | ||||||
10 | State aid reimbursement shall be paid to the new district equal | ||||||
11 | to the difference between the sum of the salaries earned by | ||||||
12 | each of the certificated members of the new district, while | ||||||
13 | employed in one of the previously existing districts during the | ||||||
14 | year immediately preceding the formation of the new district, | ||||||
15 | and the sum of the salaries those certificated members would | ||||||
16 | have been paid during the year immediately prior to the | ||||||
17 | formation of the new district if placed on the salary schedule | ||||||
18 | of the previously existing district with the highest salary | ||||||
19 | schedule. | ||||||
20 | (2) After the territory of one or more school districts is | ||||||
21 | annexed by one or more other school districts as defined in | ||||||
22 | Article 7 of this Code, a computation shall be made to | ||||||
23 | determine the difference between the salaries effective in each | ||||||
24 | annexed district and in the annexing district or districts as | ||||||
25 | they were each constituted on June 30 preceding the date when | ||||||
26 | the change of boundaries attributable to the annexation became |
| |||||||
| |||||||
1 | effective for all purposes, as determined under Section 7-9 of | ||||||
2 | this Code. For the first 4 years after the annexation, a | ||||||
3 | supplementary State aid reimbursement shall be paid to each | ||||||
4 | annexing district as constituted after the annexation equal to | ||||||
5 | the difference between the sum of the salaries earned by each | ||||||
6 | of the certificated members of the annexing district as | ||||||
7 | constituted after the annexation, while employed in an annexed | ||||||
8 | or annexing district during the year immediately preceding the | ||||||
9 | annexation, and the sum of the salaries those certificated | ||||||
10 | members would have been paid during the immediately preceding | ||||||
11 | year if placed on the salary schedule of whichever of the | ||||||
12 | annexing or annexed districts had the highest salary schedule | ||||||
13 | during the immediately preceding year. | ||||||
14 | (3) For each new high school district formed under a school | ||||||
15 | district conversion, as defined in Section 11E-15 of this Code, | ||||||
16 | the State shall make a supplementary payment for 4 years equal | ||||||
17 | to the difference between the sum of the salaries earned by | ||||||
18 | each certified member of the new high school district, while | ||||||
19 | employed in one of the previously existing districts, and the | ||||||
20 | sum of the salaries those certified members would have been | ||||||
21 | paid if placed on the salary schedule of the previously | ||||||
22 | existing district with the highest salary schedule. | ||||||
23 | (4) For each newly created partial elementary unit | ||||||
24 | district, the State shall make a supplementary payment for 4 | ||||||
25 | years equal to the difference between the sum of the salaries | ||||||
26 | earned by each certified member of the newly created partial |
| |||||||
| |||||||
1 | elementary unit district, while employed in one of the | ||||||
2 | previously existing districts that formed the partial | ||||||
3 | elementary unit district, and the sum of the salaries those | ||||||
4 | certified members would have been paid if placed on the salary | ||||||
5 | schedule of the previously existing district with the highest | ||||||
6 | salary schedule. The salary schedules used in the calculation | ||||||
7 | shall be those in effect in the previously existing districts | ||||||
8 | for the school year prior to the creation of the new partial | ||||||
9 | elementary unit district. | ||||||
10 | (5) For an elementary district opt-in, as described in | ||||||
11 | subsection (d) of Section 11E-30 of this Code, the salary | ||||||
12 | difference incentive shall be computed in accordance with | ||||||
13 | paragraph (4) of this subsection (b) as if the opted-in | ||||||
14 | elementary district was included in the optional elementary | ||||||
15 | unit district at the optional elementary unit district's | ||||||
16 | original effective date. If the calculation in this paragraph | ||||||
17 | (5) is less than that calculated in paragraph (4) of this | ||||||
18 | subsection (b) at the optional elementary unit district's | ||||||
19 | original effective date, then no adjustments may be made. If | ||||||
20 | the calculation in this paragraph (5) is more than that | ||||||
21 | calculated in paragraph (4) of this subsection (b) at the | ||||||
22 | optional elementary unit district's original effective date, | ||||||
23 | then the excess must be paid as follows: | ||||||
24 | (A) If the effective date for the elementary opt-in is | ||||||
25 | one year after the effective date for the optional | ||||||
26 | elementary unit district, 100% of the calculated excess |
| |||||||
| |||||||
1 | shall be paid to the optional elementary unit district in | ||||||
2 | each of the first 4 years after the effective date of the | ||||||
3 | elementary opt-in. | ||||||
4 | (B) If the effective date for the elementary opt-in is | ||||||
5 | 2 years after the effective date for the optional | ||||||
6 | elementary unit district, 75% of the calculated excess | ||||||
7 | shall be paid to the optional elementary unit district in | ||||||
8 | each of the first 4 years after the effective date of the | ||||||
9 | elementary opt-in. | ||||||
10 | (C) If the effective date for the elementary opt-in is | ||||||
11 | 3 years after the effective date for the optional | ||||||
12 | elementary unit district, 50% of the calculated excess | ||||||
13 | shall be paid to the optional elementary unit district in | ||||||
14 | each of the first 4 years after the effective date of the | ||||||
15 | elementary opt-in. | ||||||
16 | (D) If the effective date for the elementary opt-in is | ||||||
17 | 4 years after the effective date for the partial elementary | ||||||
18 | unit district, 25% of the calculated excess shall be paid | ||||||
19 | to the optional elementary unit district in each of the | ||||||
20 | first 4 years after the effective date of the elementary | ||||||
21 | opt-in. | ||||||
22 | (E) If the effective date for the elementary opt-in is | ||||||
23 | 5 years after the effective date for the optional | ||||||
24 | elementary unit district, the optional elementary unit | ||||||
25 | district is not eligible for any additional incentives due | ||||||
26 | to the elementary opt-in. |
| |||||||
| |||||||
1 | (5.5)
(b-5) After the formation of a cooperative high | ||||||
2 | school by 2 or more school districts under Section 10-22.22c of | ||||||
3 | this Code, a computation shall be made to determine the | ||||||
4 | difference between the salaries effective in each of the | ||||||
5 | previously existing high schools on June 30 prior to the | ||||||
6 | formation of the cooperative high school. For the first 4 years | ||||||
7 | after the formation of the cooperative high school, a | ||||||
8 | supplementary State aid reimbursement shall be paid to the | ||||||
9 | cooperative high school equal to the difference between the sum | ||||||
10 | of the salaries earned by each of the certificated members of | ||||||
11 | the cooperative high school while employed in one of the | ||||||
12 | previously existing high schools during the year immediately | ||||||
13 | preceding the formation of the cooperative high school and the | ||||||
14 | sum of the salaries those certificated members would have been | ||||||
15 | paid during the year immediately prior to the formation of the | ||||||
16 | cooperative high school if placed on the salary schedule of the | ||||||
17 | previously existing high school with the highest salary | ||||||
18 | schedule. | ||||||
19 | (6) The supplementary State aid reimbursement under this | ||||||
20 | subsection (b) shall be treated as separate from all other | ||||||
21 | payments made pursuant to Section 18-8.05 of this Code. In the | ||||||
22 | case of the formation of a new district or cooperative high | ||||||
23 | school, reimbursement shall begin during the first year of | ||||||
24 | operation of the new district or cooperative high school, and | ||||||
25 | in the case of an annexation of the territory of one or more | ||||||
26 | school districts by one or more other school districts, |
| |||||||
| |||||||
1 | reimbursement shall begin during the first year when the change | ||||||
2 | in boundaries attributable to the annexation or division | ||||||
3 | becomes effective for all purposes as determined pursuant to | ||||||
4 | Section 7-9 of this Code. Each year that the new, annexing, or | ||||||
5 | resulting district or cooperative high school, as the case may | ||||||
6 | be, is entitled to receive reimbursement, the number of | ||||||
7 | eligible certified members who are employed on October 1 in the | ||||||
8 | district or cooperative high school shall be certified to the | ||||||
9 | State Board of Education on prescribed forms by October 15 and | ||||||
10 | payment shall be made on or before November 15 of that year. | ||||||
11 | (c)(1) For the first year after the formation of a combined | ||||||
12 | school district, as defined in Section 11E-20 of this Code or a | ||||||
13 | unit district, as defined in Section 11E-25 of this Code, a | ||||||
14 | computation shall be made totaling each previously existing | ||||||
15 | district's audited fund balances in the educational fund, | ||||||
16 | working cash fund, operations and maintenance fund, and | ||||||
17 | transportation fund for the year ending June 30 prior to the | ||||||
18 | referendum for the creation of the new district. The new | ||||||
19 | district shall be paid supplementary State aid equal to the sum | ||||||
20 | of the differences between the deficit of the previously | ||||||
21 | existing district with the smallest deficit and the deficits of | ||||||
22 | each of the other previously existing districts. | ||||||
23 | (2) For the first year after the annexation of all of the | ||||||
24 | territory of one or more entire school districts by another | ||||||
25 | school district, as defined in Article 7 of this Code, | ||||||
26 | computations shall be made, for the year ending June 30 prior |
| |||||||
| |||||||
1 | to the date that the change of boundaries attributable to the | ||||||
2 | annexation is allowed by the affirmative decision issued by the | ||||||
3 | regional board of school trustees under Section 7-6 of this | ||||||
4 | Code, notwithstanding any effort to seek administrative review | ||||||
5 | of the decision, totaling the annexing district's and totaling | ||||||
6 | each annexed district's audited fund balances in their | ||||||
7 | respective educational, working cash, operations and | ||||||
8 | maintenance, and transportation funds. The annexing district | ||||||
9 | as constituted after the annexation shall be paid supplementary | ||||||
10 | State aid equal to the sum of the differences between the | ||||||
11 | deficit of whichever of the annexing or annexed districts as | ||||||
12 | constituted prior to the annexation had the smallest deficit | ||||||
13 | and the deficits of each of the other districts as constituted | ||||||
14 | prior to the annexation. | ||||||
15 | (3) For the first year after the annexation of all of the | ||||||
16 | territory of one or more entire school districts by 2 or more | ||||||
17 | other school districts, as defined by Article 7 of this Code, | ||||||
18 | computations shall be made, for the year ending June 30 prior | ||||||
19 | to the date that the change of boundaries attributable to the | ||||||
20 | annexation is allowed by the affirmative decision of the | ||||||
21 | regional board of school trustees under Section 7-6 of this | ||||||
22 | Code, notwithstanding any action for administrative review of | ||||||
23 | the decision, totaling each annexing and annexed district's | ||||||
24 | audited fund balances in their respective educational, working | ||||||
25 | cash, operations and maintenance, and transportation funds. | ||||||
26 | The annexing districts as constituted after the annexation |
| |||||||
| |||||||
1 | shall be paid supplementary State aid, allocated as provided in | ||||||
2 | this paragraph (3), in an aggregate amount equal to the sum of | ||||||
3 | the differences between the deficit of whichever of the | ||||||
4 | annexing or annexed districts as constituted prior to the | ||||||
5 | annexation had the smallest deficit and the deficits of each of | ||||||
6 | the other districts as constituted prior to the annexation. The | ||||||
7 | aggregate amount of the supplementary State aid payable under | ||||||
8 | this paragraph (3) shall be allocated between or among the | ||||||
9 | annexing districts as follows: | ||||||
10 | (A) the regional superintendent of schools for each | ||||||
11 | educational service region in which an annexed district is | ||||||
12 | located prior to the annexation shall certify to the State | ||||||
13 | Board of Education, on forms that it shall provide for that | ||||||
14 | purpose, the value of all taxable property in each annexed | ||||||
15 | district, as last equalized or assessed by the Department | ||||||
16 | of Revenue prior to the annexation, and the equalized | ||||||
17 | assessed value of each part of the annexed district that | ||||||
18 | was annexed to or included as a part of an annexing | ||||||
19 | district; | ||||||
20 | (B) using equalized assessed values as certified by the | ||||||
21 | regional superintendent of schools under clause (A) of this | ||||||
22 | paragraph (3), the combined audited fund balance deficit of | ||||||
23 | each annexed district as determined under this Section | ||||||
24 | shall be apportioned between or among the annexing | ||||||
25 | districts in the same ratio as the equalized assessed value | ||||||
26 | of that part of the annexed district that was annexed to or |
| |||||||
| |||||||
1 | included as a part of an annexing district bears to the | ||||||
2 | total equalized assessed value of the annexed district; and | ||||||
3 | (C) the aggregate supplementary State aid payment | ||||||
4 | under this paragraph (3) shall be allocated between or | ||||||
5 | among, and shall be paid to, the annexing districts in the | ||||||
6 | same ratio as the sum of the combined audited fund balance | ||||||
7 | deficit of each annexing district as constituted prior to | ||||||
8 | the annexation, plus all combined audited fund balance | ||||||
9 | deficit amounts apportioned to that annexing district | ||||||
10 | under clause (B) of this subsection, bears to the aggregate | ||||||
11 | of the combined audited fund balance deficits of all of the | ||||||
12 | annexing and annexed districts as constituted prior to the | ||||||
13 | annexation. | ||||||
14 | (4) For the new elementary districts and new high school | ||||||
15 | district formed through a school district conversion, as | ||||||
16 | defined in subsection (b) of Section 11E-15 of this Code or the | ||||||
17 | new elementary district or districts and new combined high | ||||||
18 | school - unit district formed through a multi-unit conversion, | ||||||
19 | as defined in subsection (b) of Section 11E-30 of this Code, a | ||||||
20 | computation shall be made totaling each previously existing | ||||||
21 | district's audited fund balances in the educational fund, | ||||||
22 | working cash fund, operations and maintenance fund, and | ||||||
23 | transportation fund for the year ending June 30 prior to the | ||||||
24 | referendum establishing the new districts. In the first year of | ||||||
25 | the new districts, the State shall make a one-time | ||||||
26 | supplementary payment equal to the sum of the differences |
| |||||||
| |||||||
1 | between the deficit of the previously existing district with | ||||||
2 | the smallest deficit and the deficits of each of the other | ||||||
3 | previously existing districts. A district with a combined | ||||||
4 | balance among the 4 funds that is positive shall be considered | ||||||
5 | to have a deficit of zero. The supplementary payment shall be | ||||||
6 | allocated among the newly formed high school and elementary | ||||||
7 | districts in the manner provided by the petition for the | ||||||
8 | formation of the districts, in the form in which the petition | ||||||
9 | is approved by the regional superintendent of schools or State | ||||||
10 | Superintendent of Education under Section 11E-50 of this Code. | ||||||
11 | (5) For each newly created partial elementary unit | ||||||
12 | district, as defined in subsection (a) or (c) of Section 11E-30 | ||||||
13 | of this Code, a computation shall be made totaling the audited | ||||||
14 | fund balances of each previously existing district that formed | ||||||
15 | the new partial elementary unit district in the educational | ||||||
16 | fund, working cash fund, operations and maintenance fund, and | ||||||
17 | transportation fund for the year ending June 30 prior to the | ||||||
18 | referendum for the formation of the partial elementary unit | ||||||
19 | district. In the first year of the new partial elementary unit | ||||||
20 | district, the State shall make a one-time supplementary payment | ||||||
21 | to the new district equal to the sum of the differences between | ||||||
22 | the deficit of the previously existing district with the | ||||||
23 | smallest deficit and the deficits of each of the other | ||||||
24 | previously existing districts. A district with a combined | ||||||
25 | balance among the 4 funds that is positive shall be considered | ||||||
26 | to have a deficit of zero. |
| |||||||
| |||||||
1 | (6) For an elementary opt-in as defined in subsection (d) | ||||||
2 | of Section 11E-30 of this Code, the deficit fund balance | ||||||
3 | incentive shall be computed in accordance with paragraph (5) of | ||||||
4 | this subsection (c) as if the opted-in elementary was included | ||||||
5 | in the optional elementary unit district at the optional | ||||||
6 | elementary unit district's original effective date. If the | ||||||
7 | calculation in this paragraph (6) is less than that calculated | ||||||
8 | in paragraph (5) of this subsection (c) at the optional | ||||||
9 | elementary unit district's original effective date, then no | ||||||
10 | adjustments may be made. If the calculation in this paragraph | ||||||
11 | (6) is more than that calculated in paragraph (5) of this | ||||||
12 | subsection (c) at the optional elementary unit district's | ||||||
13 | original effective date, then the excess must be paid as | ||||||
14 | follows: | ||||||
15 | (A) If the effective date for the elementary opt-in is | ||||||
16 | one year after the effective date for the optional | ||||||
17 | elementary unit district, 100% of the calculated excess | ||||||
18 | shall be paid to the optional elementary unit district in | ||||||
19 | the first year after the effective date of the elementary | ||||||
20 | opt-in. | ||||||
21 | (B) If the effective date for the elementary opt-in is | ||||||
22 | 2 years after the effective date for the optional | ||||||
23 | elementary unit district, 75% of the calculated excess | ||||||
24 | shall be paid to the optional elementary unit district in | ||||||
25 | the first year after the effective date of the elementary | ||||||
26 | opt-in. |
| |||||||
| |||||||
1 | (C) If the effective date for the elementary opt-in is | ||||||
2 | 3 years after the effective date for the optional | ||||||
3 | elementary unit district, 50% of the calculated excess | ||||||
4 | shall be paid to the optional elementary unit district in | ||||||
5 | the first year after the effective date of the elementary | ||||||
6 | opt-in. | ||||||
7 | (D) If the effective date for the elementary opt-in is | ||||||
8 | 4 years after the effective date for the optional | ||||||
9 | elementary unit district, 25% of the calculated excess | ||||||
10 | shall be paid to the optional elementary unit district in | ||||||
11 | the first year after the effective date of the elementary | ||||||
12 | opt-in. | ||||||
13 | (E) If the effective date for the elementary opt-in is | ||||||
14 | 5 years after the effective date for the optional | ||||||
15 | elementary unit district, the optional elementary unit | ||||||
16 | district is not eligible for any additional incentives due | ||||||
17 | to the elementary opt-in. | ||||||
18 | (7) For purposes of any calculation required under | ||||||
19 | paragraph (1), (2), (3), (4), (5), or (6) of this subsection | ||||||
20 | (c), a district with a combined fund balance that is positive | ||||||
21 | shall be considered to have a deficit of zero. For purposes of | ||||||
22 | determining each district's audited fund balances in its | ||||||
23 | educational fund, working cash fund, operations and | ||||||
24 | maintenance fund, and transportation fund for the specified | ||||||
25 | year ending June 30, as provided in paragraphs (1), (2), (3), | ||||||
26 | (4), (5), and (6) of this subsection (c), the balance of each |
| |||||||
| |||||||
1 | fund shall be deemed decreased by an amount equal to the amount | ||||||
2 | of the annual property tax theretofore levied in the fund by | ||||||
3 | the district for collection and payment to the district during | ||||||
4 | the calendar year in which the June 30 fell, but only to the | ||||||
5 | extent that the tax so levied in the fund actually was received | ||||||
6 | by the district on or before or comprised a part of the fund on | ||||||
7 | such June 30. For purposes of determining each district's | ||||||
8 | audited fund balances, a calculation shall be made for each | ||||||
9 | fund to determine the average for the 3 years prior to the | ||||||
10 | specified year ending June 30, as provided in paragraphs (1), | ||||||
11 | (2), (3), (4), (5), and (6) of this subsection (c), of the | ||||||
12 | district's expenditures in the categories "purchased | ||||||
13 | services", "supplies and materials", and "capital outlay", as | ||||||
14 | those categories are defined in rules of the State Board of | ||||||
15 | Education. If this 3-year average is less than the district's | ||||||
16 | expenditures in these categories for the specified year ending | ||||||
17 | June 30, as provided in paragraphs (1), (2), (3), (4), (5), and | ||||||
18 | (6) of this subsection (c), then the 3-year average shall be | ||||||
19 | used in calculating the amounts payable under this Section in | ||||||
20 | place of the amounts shown in these categories for the | ||||||
21 | specified year ending June 30, as provided in paragraphs (1), | ||||||
22 | (2), (3), (4), (5), and (6) of this subsection (c). Any deficit | ||||||
23 | because of State aid not yet received may not be considered in | ||||||
24 | determining the June 30 deficits. The same basis of accounting | ||||||
25 | shall be used by all previously existing districts and by all | ||||||
26 | annexing or annexed districts, as constituted prior to the |
| ||||||||||||||||||||
| ||||||||||||||||||||
1 | annexation, in making any computation required under | |||||||||||||||||||
2 | paragraphs (1), (2), (3), (4), (5), and (6) of this subsection | |||||||||||||||||||
3 | (c). | |||||||||||||||||||
4 | (8) The supplementary State aid payments under this | |||||||||||||||||||
5 | subsection (c) shall be treated as separate from all other | |||||||||||||||||||
6 | payments made pursuant to Section 18-8.05 of this Code. | |||||||||||||||||||
7 | (d)(1) Following the formation of a combined school | |||||||||||||||||||
8 | district, as defined in Section 11E-20 of this Code, a new | |||||||||||||||||||
9 | elementary district or districts and a new high school district | |||||||||||||||||||
10 | formed through a school district conversion, as defined in | |||||||||||||||||||
11 | subsection (b) of Section 11E-15 of this Code, a new partial | |||||||||||||||||||
12 | elementary unit district, as defined in Section 11E-30 of this | |||||||||||||||||||
13 | Code, or a new elementary district or districts formed through | |||||||||||||||||||
14 | a multi-unit conversion, as defined in subsection (b) of | |||||||||||||||||||
15 | Section 11E-30 of this Code, or the annexation of all of the | |||||||||||||||||||
16 | territory of one or more entire school districts by one or more | |||||||||||||||||||
17 | other school districts, as defined in Article 7 of this Code, a | |||||||||||||||||||
18 | supplementary State aid reimbursement shall be paid for the | |||||||||||||||||||
19 | number of school years determined under the following table to | |||||||||||||||||||
20 | each new or annexing district equal to the sum of $4,000 for | |||||||||||||||||||
21 | each certified employee who is employed by the district on a | |||||||||||||||||||
22 | full-time basis for the regular term of the school year: | |||||||||||||||||||
|
| ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
| ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
| ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
11 | The State Board of Education shall make a one-time calculation | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
12 | of a reorganized district's quintile ranks. The average daily | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
13 | attendance used in this calculation shall be the best 3 months' | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
14 | average daily attendance for the district's first year. The | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
15 | equalized assessed value per pupil shall be the district's real | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
16 | property equalized assessed value used in calculating the | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
17 | district's first-year general State aid claim, under Section | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
18 | 18-8.05 of this Code, divided by the best 3 months' average | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
19 | daily attendance. | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
20 | No annexing or resulting school district shall be entitled | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
21 | to supplementary State aid under this subsection (d) unless the | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
22 | district acquires at least 30% of the average daily attendance | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
23 | of the district from which the territory is being detached or | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
24 | divided. | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
25 | If a district results from multiple reorganizations that |
| |||||||
| |||||||
1 | would otherwise qualify the district for multiple payments | ||||||
2 | under this subsection (d) in any year, then the district shall | ||||||
3 | receive a single payment only for that year based solely on the | ||||||
4 | most recent reorganization. | ||||||
5 | (2) For an elementary opt-in, as defined in subsection (d) | ||||||
6 | of Section 11E-30 of this Code, the full-time certified staff | ||||||
7 | incentive shall be computed in accordance with paragraph (1) of | ||||||
8 | this subsection (d), equal to the sum of $4,000 for each | ||||||
9 | certified employee of the elementary district that opts-in who | ||||||
10 | is employed by the optional elementary unit district on a | ||||||
11 | full-time basis for the regular term of the school year. The | ||||||
12 | calculation from this paragraph (2) must be paid as follows: | ||||||
13 | (A) If the effective date for the elementary opt-in is | ||||||
14 | one year after the effective date for the optional | ||||||
15 | elementary unit district, 100% of the amount calculated in | ||||||
16 | this paragraph (2) shall be paid to the optional elementary | ||||||
17 | unit district for the number of years calculated in | ||||||
18 | paragraph (1) of this subsection (d) at the optional | ||||||
19 | elementary unit district's original effective date, | ||||||
20 | starting in the second year after the effective date of the | ||||||
21 | elementary opt-in. | ||||||
22 | (B) If the effective date for the elementary opt-in is | ||||||
23 | 2 years after the effective date for the optional | ||||||
24 | elementary unit district, 75% of the amount calculated in | ||||||
25 | this paragraph (2) shall be paid to the optional elementary | ||||||
26 | unit district for the number of years calculated in |
| |||||||
| |||||||
1 | paragraph (1) of this subsection (d) at the optional | ||||||
2 | elementary unit district's original effective date, | ||||||
3 | starting in the second year after the effective date of the | ||||||
4 | elementary opt-in. | ||||||
5 | (C) If the effective date for the elementary opt-in is | ||||||
6 | 3 years after the effective date for the optional | ||||||
7 | elementary unit district, 50% of the amount calculated in | ||||||
8 | this paragraph (2) shall be paid to the optional elementary | ||||||
9 | unit district for the number of years calculated in | ||||||
10 | paragraph (1) of this subsection (d) at the optional | ||||||
11 | elementary unit district's original effective date, | ||||||
12 | starting in the second year after the effective date of the | ||||||
13 | elementary opt-in. | ||||||
14 | (D) If the effective date for the elementary opt-in is | ||||||
15 | 4 years after the effective date for the optional | ||||||
16 | elementary unit district, 25% of the amount calculated in | ||||||
17 | this paragraph (2) shall be paid to the optional elementary | ||||||
18 | unit district for the number of years calculated in | ||||||
19 | paragraph (1) of this subsection (d) at the optional | ||||||
20 | elementary unit district's original effective date, | ||||||
21 | starting in the second year after the effective date of the | ||||||
22 | elementary opt-in. | ||||||
23 | (E) If the effective date for the elementary opt-in is | ||||||
24 | 5 years after the effective date for the optional | ||||||
25 | elementary unit district, the optional elementary unit | ||||||
26 | district is not eligible for any additional incentives due |
| |||||||
| |||||||
1 | to the elementary opt-in. | ||||||
2 | (2.5)
(a-5) Following the formation of a cooperative high | ||||||
3 | school by 2 or more school districts under Section 10-22.22c of | ||||||
4 | this Code, a supplementary State aid reimbursement shall be | ||||||
5 | paid for 3 school years to the cooperative high school equal to | ||||||
6 | the sum of $4,000 for each certified employee who is employed | ||||||
7 | by the cooperative high school on a full-time basis for the | ||||||
8 | regular term of any such school year. If a cooperative high | ||||||
9 | school results from multiple agreements that would otherwise | ||||||
10 | qualify the cooperative high school for multiple payments under | ||||||
11 | this Section in any year, the cooperative high school shall | ||||||
12 | receive a single payment for that year based solely on the most | ||||||
13 | recent agreement. | ||||||
14 | (3) The supplementary State aid reimbursement payable | ||||||
15 | under this subsection (d) shall be separate from and in | ||||||
16 | addition to all other payments made to the district pursuant to | ||||||
17 | any other Section of this Article. | ||||||
18 | (4) During May of each school year for which a | ||||||
19 | supplementary State aid reimbursement is to be paid to a new or | ||||||
20 | annexing school district or cooperative high school pursuant to | ||||||
21 | this subsection (d), the school board or governing board shall | ||||||
22 | certify to the State Board of Education, on forms furnished to | ||||||
23 | the school board or governing board by the State Board of | ||||||
24 | Education for purposes of this subsection (d), the number of | ||||||
25 | certified employees for which the district or cooperative high | ||||||
26 | school is entitled to reimbursement under this Section, |
| |||||||
| |||||||
1 | together with the names, certificate numbers, and positions | ||||||
2 | held by the certified employees. | ||||||
3 | (5) Upon certification by the State Board of Education to | ||||||
4 | the State Comptroller of the amount of the supplementary State | ||||||
5 | aid reimbursement to which a school district or cooperative | ||||||
6 | high school is entitled under this subsection (d), the State | ||||||
7 | Comptroller shall draw his or her warrant upon the State | ||||||
8 | Treasurer for the payment thereof to the school district or | ||||||
9 | cooperative high school and shall promptly transmit the payment | ||||||
10 | to the school district or cooperative high school through the | ||||||
11 | appropriate school treasurer.
| ||||||
12 | (Source: P.A. 94-1019, eff. 7-10-06; incorporates P.A. 94-902, | ||||||
13 | eff. 7-1-06; revised 9-13-06.)
| ||||||
14 | (105 ILCS 5/14-7.04) (from Ch. 122, par. 14-7.04)
| ||||||
15 | Sec. 14-7.04. Health care reimbursement.
| ||||||
16 | (a) Local educational agencies
may utilize federally | ||||||
17 | funded health care programs to share in the costs of
services | ||||||
18 | which are provided to children requiring special education and
| ||||||
19 | related services and which are either listed on an | ||||||
20 | individualized education
program established pursuant to the | ||||||
21 | federal Education for All Handicapped
Children Act of 1975, | ||||||
22 | Public Law No. 94-142 or are provided under an
individualized | ||||||
23 | family service plan established pursuant to the federal
| ||||||
24 | Education of the Handicapped Act Amendments of 1986, Public Law | ||||||
25 | No. 99-457.
Those federally funded health care programs shall |
| |||||||
| |||||||
1 | also share in the cost
of all screenings and diagnostic | ||||||
2 | evaluations for children suspected of
having or known to have a | ||||||
3 | disability.
However, all such services shall continue to be | ||||||
4 | initially funded by the
local educational agency and shall be | ||||||
5 | provided regardless of subsequent
cost sharing with other | ||||||
6 | funding sources. Federally funded health care
reimbursement | ||||||
7 | funds are supplemental and shall not be used to reduce any
| ||||||
8 | other Federal payments, private payments or State Board of | ||||||
9 | Education funds
for special education as provided in Article 14 | ||||||
10 | of the School Code for
which the local education agency is | ||||||
11 | eligible.
| ||||||
12 | Local educational agencies providing early periodic | ||||||
13 | screening and
diagnostic testing services on or after August 1, | ||||||
14 | 1991, including screening
and diagnostic services, health care | ||||||
15 | and treatment, preventive health care,
and any other measure to | ||||||
16 | correct or improve health impairments of
Medicaid-eligible | ||||||
17 | children, may also access federally funded health care
| ||||||
18 | resources.
| ||||||
19 | The State Board of Education and the Department of | ||||||
20 | Healthcare and Family Services
Public Aid may enter
into an | ||||||
21 | intergovernmental agreement whereby school districts or their
| ||||||
22 | agents may claim medicaid matching funds for medicaid eligible | ||||||
23 | special
education children as authorized by Section 1903 of the | ||||||
24 | Social Security
Act. Under that intergovernmental agreement, | ||||||
25 | school districts or their
agents may also claim federal funds | ||||||
26 | for the services provided to special
education students |
| |||||||
| |||||||
1 | enrolled in the Children's Health
Insurance Program.
| ||||||
2 | (b) No employee or officer of a school district, special | ||||||
3 | education
joint agreement, office of a regional superintendent | ||||||
4 | of schools or the
State Board of Education may have a direct or | ||||||
5 | indirect financial interest
in any agreement between the entity | ||||||
6 | of which the person is an employee or
officer and any | ||||||
7 | corporation, organization or other entity that collects or
| ||||||
8 | participates in the collection of payments from private health | ||||||
9 | care benefit
plans or federally funded health care programs | ||||||
10 | authorized under this Section.
| ||||||
11 | (Source: P.A. 91-24, eff. 7-1-99; revised 12-15-05.)
| ||||||
12 | (105 ILCS 5/14-15.01) (from Ch. 122, par. 14-15.01)
| ||||||
13 | Sec. 14-15.01. Community and Residential Services | ||||||
14 | Authority.
| ||||||
15 | (a) (1) The Community and Residential Services Authority is
| ||||||
16 | hereby created and shall consist of the following members:
| ||||||
17 | A representative of the State Board of Education;
| ||||||
18 | Four representatives of the Department of Human Services,
| ||||||
19 | with one member from the Division of Community Health and
| ||||||
20 | Prevention, one member from the Office of Developmental | ||||||
21 | Disabilities of
the Division of Disability and Behavioral | ||||||
22 | Health Services, one member
from the Office of Mental Health of | ||||||
23 | the Division of Disability and
Behavioral Health Services, and | ||||||
24 | one member of the Office of
Rehabilitation Services of the | ||||||
25 | Division of Disability and Behavioral Health
Services;
|
| |||||||
| |||||||
1 | A representative of the Department of Children and Family | ||||||
2 | Services;
| ||||||
3 | A representative of the Department of Corrections;
| ||||||
4 | A representative of the Department of Healthcare and Family | ||||||
5 | Services
Public Aid ;
| ||||||
6 | A representative of the Attorney General's Disability | ||||||
7 | Rights Advocacy
Division;
| ||||||
8 | The Chairperson and Minority Spokesperson of the House and | ||||||
9 | Senate
Committees on Elementary and Secondary Education or | ||||||
10 | their designees; and
| ||||||
11 | Six persons appointed by the Governor. Five of such
| ||||||
12 | appointees shall be experienced or knowledgeable relative to
| ||||||
13 | provision of services for individuals with a behavior
disorder
| ||||||
14 | or a severe emotional disturbance
and shall include | ||||||
15 | representatives of
both the private and public sectors, except | ||||||
16 | that no more than 2 of those 5
appointees may be from the | ||||||
17 | public sector and at least 2 must be or have been
directly | ||||||
18 | involved in provision of services to such individuals. The | ||||||
19 | remaining
member appointed by the Governor shall be or shall | ||||||
20 | have been a parent of an
individual with a
behavior disorder or | ||||||
21 | a severe emotional disturbance, and
that appointee may be from | ||||||
22 | either the private or the public sector.
| ||||||
23 | (2) Members appointed by the Governor shall be appointed | ||||||
24 | for terms
of 4 years and shall continue to serve until their | ||||||
25 | respective successors are
appointed; provided that the terms of | ||||||
26 | the original
appointees shall expire on August 1, 1990, and the |
| |||||||
| |||||||
1 | term of the additional
member appointed under this amendatory | ||||||
2 | Act of 1992 shall commence upon the
appointment and expire | ||||||
3 | August 1, 1994. Any vacancy in the office of a
member appointed | ||||||
4 | by the Governor shall be filled by appointment of the
Governor | ||||||
5 | for the remainder of the term.
| ||||||
6 | A vacancy in the office of a member appointed by the | ||||||
7 | Governor exists when
one or more of the following events occur:
| ||||||
8 | (i) An appointee dies;
| ||||||
9 | (ii) An appointee files a written resignation with the | ||||||
10 | Governor;
| ||||||
11 | (iii) An appointee ceases to be a legal resident of the | ||||||
12 | State of Illinois;
or
| ||||||
13 | (iv) An appointee fails to attend a majority of | ||||||
14 | regularly scheduled
Authority meetings in a fiscal year.
| ||||||
15 | Members who are representatives of an agency shall serve at | ||||||
16 | the will
of the agency head. Membership on the Authority shall | ||||||
17 | cease immediately
upon cessation of their affiliation with the | ||||||
18 | agency. If such a vacancy
occurs, the appropriate agency head | ||||||
19 | shall appoint another person to represent
the agency.
| ||||||
20 | If a legislative member of the Authority ceases to be | ||||||
21 | Chairperson or
Minority Spokesperson of the designated | ||||||
22 | Committees, they shall
automatically be replaced on the | ||||||
23 | Authority by the person who assumes the
position of Chairperson | ||||||
24 | or Minority Spokesperson.
| ||||||
25 | (b) The Community and Residential Services Authority shall | ||||||
26 | have the
following powers and duties:
|
| |||||||
| |||||||
1 | (1) To conduct surveys to determine the extent of need, | ||||||
2 | the degree to
which documented need is currently being met | ||||||
3 | and feasible alternatives for
matching need with | ||||||
4 | resources.
| ||||||
5 | (2) To develop policy statements for interagency | ||||||
6 | cooperation to cover
all aspects of service delivery, | ||||||
7 | including laws, regulations and
procedures, and clear | ||||||
8 | guidelines for determining responsibility at all times.
| ||||||
9 | (3) To recommend policy statements
and provide | ||||||
10 | information regarding effective programs for delivery of
| ||||||
11 | services to all individuals under 22 years of age with a | ||||||
12 | behavior disorder
or a severe emotional disturbance in | ||||||
13 | public or private situations.
| ||||||
14 | (4) To review the criteria for service eligibility, | ||||||
15 | provision and
availability established by the governmental | ||||||
16 | agencies represented on this
Authority, and to recommend | ||||||
17 | changes, additions or deletions to such criteria.
| ||||||
18 | (5) To develop and submit to the Governor, the General | ||||||
19 | Assembly, the
Directors of the agencies represented on the | ||||||
20 | Authority, and the
State Board of Education a master plan | ||||||
21 | for individuals under 22 years of
age with a
behavior | ||||||
22 | disorder or a severe emotional disturbance,
including
| ||||||
23 | detailed plans of service ranging from the least to the | ||||||
24 | most
restrictive options; and to assist local communities, | ||||||
25 | upon request, in
developing
or strengthening collaborative | ||||||
26 | interagency networks.
|
| |||||||
| |||||||
1 | (6) To develop a process for making determinations in | ||||||
2 | situations where
there is a dispute relative to a plan of | ||||||
3 | service for
individuals or funding for a plan of service.
| ||||||
4 | (7) To provide technical assistance to parents, | ||||||
5 | service consumers,
providers, and member agency personnel | ||||||
6 | regarding statutory responsibilities
of human service and | ||||||
7 | educational agencies, and to provide such assistance
as | ||||||
8 | deemed necessary to appropriately access needed services.
| ||||||
9 | (c) (1) The members of the Authority shall receive no | ||||||
10 | compensation for
their services but shall be entitled to | ||||||
11 | reimbursement of reasonable
expenses incurred while performing | ||||||
12 | their duties.
| ||||||
13 | (2) The Authority may appoint special study groups to | ||||||
14 | operate under
the direction of the Authority and persons | ||||||
15 | appointed to such groups shall
receive only reimbursement of | ||||||
16 | reasonable expenses incurred in the
performance of their | ||||||
17 | duties.
| ||||||
18 | (3) The Authority shall elect from its membership a | ||||||
19 | chairperson,
vice-chairperson and secretary.
| ||||||
20 | (4) The Authority may employ and fix the compensation of
| ||||||
21 | such employees and technical assistants as it deems necessary | ||||||
22 | to carry out
its powers and duties under this Act. Staff | ||||||
23 | assistance for the Authority
shall be provided by the State | ||||||
24 | Board of Education.
| ||||||
25 | (5) Funds for the ordinary and contingent expenses of the | ||||||
26 | Authority
shall be appropriated to the State Board of Education |
| |||||||
| |||||||
1 | in a separate line item.
| ||||||
2 | (d) (1) The Authority shall have power to promulgate rules | ||||||
3 | and
regulations to carry out its powers and duties under this | ||||||
4 | Act.
| ||||||
5 | (2) The Authority may accept monetary gifts or grants from | ||||||
6 | the federal
government or any agency thereof, from any | ||||||
7 | charitable foundation or
professional association or from any | ||||||
8 | other reputable source for
implementation of any program | ||||||
9 | necessary or desirable to the carrying out of
the general | ||||||
10 | purposes of the Authority. Such gifts and grants may be
held in | ||||||
11 | trust by the Authority and expended in the exercise of its | ||||||
12 | powers
and performance of its duties as prescribed by law.
| ||||||
13 | (3) The Authority shall submit an annual report of its | ||||||
14 | activities and
expenditures to the Governor, the General | ||||||
15 | Assembly, the
directors of agencies represented on the | ||||||
16 | Authority, and the State
Superintendent of Education.
| ||||||
17 | (Source: P.A. 92-632, eff. 1-1-03; revised 12-15-05.)
| ||||||
18 | (105 ILCS 5/14A-30) | ||||||
19 | Sec. 14A-30. Local programs; requirements. In order for a | ||||||
20 | local program for the education of gifted and talented children | ||||||
21 | to be approved by the State Board of Education in order to | ||||||
22 | qualify for State funding, if available, as of the beginning of | ||||||
23 | the 2006-2007 academic year, the local program must meet the | ||||||
24 | following minimum requirements and demonstrate the fulfillment | ||||||
25 | of these requirements in a written program description |
| |||||||
| |||||||
1 | submitted to the State Board of Education by the local | ||||||
2 | educational agency operating the program and modified if the | ||||||
3 | program is substantively altered: | ||||||
4 | (1) The use of a minimum of 3 assessment measures used | ||||||
5 | to identify gifted and talented children in each area in | ||||||
6 | which a program for gifted and talented children is | ||||||
7 | established, which may include without limitation scores | ||||||
8 | on standardized achievement tests, observation checklists, | ||||||
9 | portfolios, and currently-used district assessments. | ||||||
10 | (2) A priority emphasis on language arts and | ||||||
11 | mathematics. | ||||||
12 | (3) An identification method that uses the definition | ||||||
13 | of gifted and talented children as defined in Section | ||||||
14 | 14A-20 of this Code. | ||||||
15 | (4) Assessment instruments sensitive to the inclusion | ||||||
16 | of underrepresented groups, including low-income students, | ||||||
17 | minority students, and English language learners. | ||||||
18 | (5) A process of identification of gifted and talented | ||||||
19 | children that is of equal rigor in each area of aptitude | ||||||
20 | addressed by the program. | ||||||
21 | (6) The use of identification procedures that | ||||||
22 | appropriately correspond with the planned programs, | ||||||
23 | curricula, and services. | ||||||
24 | (7) A fair and equitable decision-making process. | ||||||
25 | (8) The availability of a fair and impartial appeal | ||||||
26 | process within the school, school district, or cooperative |
| |||||||
| |||||||
1 | of school districts operating a program for parents or | ||||||
2 | guardians whose children are aggrieved by a decision of the | ||||||
3 | school, school district, or cooperative of school | ||||||
4 | districts regarding eligibility for participation in a | ||||||
5 | program. | ||||||
6 | (9) Procedures for annually informing the community | ||||||
7 | at-large, including parents, about the program and the | ||||||
8 | methods used for the identification of gifted and talented | ||||||
9 | children. | ||||||
10 | (10) Procedures for notifying parents or guardians of a | ||||||
11 | child of a decision affecting that child's participation in | ||||||
12 | a program. | ||||||
13 | (11) A description of how gifted and talented children | ||||||
14 | will be grouped and instructed in order to maximize the | ||||||
15 | educational benefits the children derive from | ||||||
16 | participation in the program, including curriculum | ||||||
17 | modifications and options that accelerate and add depth and | ||||||
18 | complexity to the curriculum content. | ||||||
19 | (12) An explanation of how the program emphasizes | ||||||
20 | higher-level skills attainment,
including problem-solving, | ||||||
21 | critical thinking, creative thinking, and research skills, | ||||||
22 | as embedded within relevant content areas. | ||||||
23 | (13) A methodology for measuring academic growth for | ||||||
24 | gifted and talented children and a procedure for | ||||||
25 | communicating a child's progress to his or her parents or | ||||||
26 | guardian, including, but not limited to, a report card. |
| |||||||
| |||||||
1 | (14) The collection of data on growth in learning for | ||||||
2 | children in a program for gifted and talented children and | ||||||
3 | the reporting of the data to the State Board of Education. | ||||||
4 | (15) The designation of a supervisor responsible for | ||||||
5 | overseeing the educational program for gifted and talented | ||||||
6 | children. | ||||||
7 | (16) A showing that the certified teachers who are | ||||||
8 | assigned to teach gifted and talented children understand | ||||||
9 | the characteristics and educational needs of children and | ||||||
10 | are able to differentiate the curriculum and apply | ||||||
11 | instructional methods to meet the needs of the children. | ||||||
12 | (17) Plans for the continuation of professional | ||||||
13 | development for staff assigned to the program serving | ||||||
14 | gifted and talented children.
| ||||||
15 | (Source: P.A. 94-151, eff. 7-8-05; 94-410, eff. 8-2-05; revised | ||||||
16 | 8-31-05.) | ||||||
17 | (105 ILCS 5/14A-55)
| ||||||
18 | Sec. 14A-55. Rulemaking. The State Board of Education shall | ||||||
19 | have the authority to adopt all rules necessary to implement | ||||||
20 | and regulate the provisions of in this Article.
| ||||||
21 | (Source: P.A. 94-151, eff. 7-8-05; 94-410, eff. 8-2-05; revised | ||||||
22 | 8-31-05.)
| ||||||
23 | (105 ILCS 5/18-8.05)
| ||||||
24 | Sec. 18-8.05. Basis for apportionment of general State |
| |||||||
| |||||||
1 | financial aid and
supplemental general State aid to the common | ||||||
2 | schools for the 1998-1999 and
subsequent school years.
| ||||||
3 | (A) General Provisions.
| ||||||
4 | (1) The provisions of this Section apply to the 1998-1999 | ||||||
5 | and subsequent
school years. The system of general State | ||||||
6 | financial aid provided for in this
Section
is designed to | ||||||
7 | assure that, through a combination of State financial aid and
| ||||||
8 | required local resources, the financial support provided each | ||||||
9 | pupil in Average
Daily Attendance equals or exceeds a
| ||||||
10 | prescribed per pupil Foundation Level. This formula approach | ||||||
11 | imputes a level
of per pupil Available Local Resources and | ||||||
12 | provides for the basis to calculate
a per pupil level of | ||||||
13 | general State financial aid that, when added to Available
Local | ||||||
14 | Resources, equals or exceeds the Foundation Level. The
amount | ||||||
15 | of per pupil general State financial aid for school districts, | ||||||
16 | in
general, varies in inverse
relation to Available Local | ||||||
17 | Resources. Per pupil amounts are based upon
each school | ||||||
18 | district's Average Daily Attendance as that term is defined in | ||||||
19 | this
Section.
| ||||||
20 | (2) In addition to general State financial aid, school | ||||||
21 | districts with
specified levels or concentrations of pupils | ||||||
22 | from low income households are
eligible to receive supplemental | ||||||
23 | general State financial aid grants as provided
pursuant to | ||||||
24 | subsection (H).
The supplemental State aid grants provided for | ||||||
25 | school districts under
subsection (H) shall be appropriated for |
| |||||||
| |||||||
1 | distribution to school districts as
part of the same line item | ||||||
2 | in which the general State financial aid of school
districts is | ||||||
3 | appropriated under this Section.
| ||||||
4 | (3) To receive financial assistance under this Section, | ||||||
5 | school districts
are required to file claims with the State | ||||||
6 | Board of Education, subject to the
following requirements:
| ||||||
7 | (a) Any school district which fails for any given | ||||||
8 | school year to maintain
school as required by law, or to | ||||||
9 | maintain a recognized school is not
eligible to file for | ||||||
10 | such school year any claim upon the Common School
Fund. In | ||||||
11 | case of nonrecognition of one or more attendance centers in | ||||||
12 | a
school district otherwise operating recognized schools, | ||||||
13 | the claim of the
district shall be reduced in the | ||||||
14 | proportion which the Average Daily
Attendance in the | ||||||
15 | attendance center or centers bear to the Average Daily
| ||||||
16 | Attendance in the school district. A "recognized school" | ||||||
17 | means any
public school which meets the standards as | ||||||
18 | established for recognition
by the State Board of | ||||||
19 | Education. A school district or attendance center
not | ||||||
20 | having recognition status at the end of a school term is | ||||||
21 | entitled to
receive State aid payments due upon a legal | ||||||
22 | claim which was filed while
it was recognized.
| ||||||
23 | (b) School district claims filed under this Section are | ||||||
24 | subject to
Sections 18-9, 18-10, and 18-12, except as | ||||||
25 | otherwise provided in this
Section.
| ||||||
26 | (c) If a school district operates a full year school |
| |||||||
| |||||||
1 | under Section
10-19.1, the general State aid to the school | ||||||
2 | district shall be determined
by the State Board of | ||||||
3 | Education in accordance with this Section as near as
may be | ||||||
4 | applicable.
| ||||||
5 | (d) (Blank).
| ||||||
6 | (4) Except as provided in subsections (H) and (L), the | ||||||
7 | board of any district
receiving any of the grants provided for | ||||||
8 | in this Section may apply those funds
to any fund so received | ||||||
9 | for which that board is authorized to make expenditures
by law.
| ||||||
10 | School districts are not required to exert a minimum | ||||||
11 | Operating Tax Rate in
order to qualify for assistance under | ||||||
12 | this Section.
| ||||||
13 | (5) As used in this Section the following terms, when | ||||||
14 | capitalized, shall
have the meaning ascribed herein:
| ||||||
15 | (a) "Average Daily Attendance": A count of pupil | ||||||
16 | attendance in school,
averaged as provided for in | ||||||
17 | subsection (C) and utilized in deriving per pupil
financial | ||||||
18 | support levels.
| ||||||
19 | (b) "Available Local Resources": A computation of | ||||||
20 | local financial
support, calculated on the basis of Average | ||||||
21 | Daily Attendance and derived as
provided pursuant to | ||||||
22 | subsection (D).
| ||||||
23 | (c) "Corporate Personal Property Replacement Taxes": | ||||||
24 | Funds paid to local
school districts pursuant to "An Act in | ||||||
25 | relation to the abolition of ad valorem
personal property | ||||||
26 | tax and the replacement of revenues lost thereby, and
|
| |||||||
| |||||||
1 | amending and repealing certain Acts and parts of Acts in | ||||||
2 | connection therewith",
certified August 14, 1979, as | ||||||
3 | amended (Public Act 81-1st S.S.-1).
| ||||||
4 | (d) "Foundation Level": A prescribed level of per pupil | ||||||
5 | financial support
as provided for in subsection (B).
| ||||||
6 | (e) "Operating Tax Rate": All school district property | ||||||
7 | taxes extended for
all purposes, except Bond and
Interest, | ||||||
8 | Summer School, Rent, Capital Improvement, and Vocational | ||||||
9 | Education
Building purposes.
| ||||||
10 | (B) Foundation Level.
| ||||||
11 | (1) The Foundation Level is a figure established by the | ||||||
12 | State representing
the minimum level of per pupil financial | ||||||
13 | support that should be available to
provide for the basic | ||||||
14 | education of each pupil in
Average Daily Attendance. As set | ||||||
15 | forth in this Section, each school district
is assumed to exert
| ||||||
16 | a sufficient local taxing effort such that, in combination with | ||||||
17 | the aggregate
of general State
financial aid provided the | ||||||
18 | district, an aggregate of State and local resources
are | ||||||
19 | available to meet
the basic education needs of pupils in the | ||||||
20 | district.
| ||||||
21 | (2) For the 1998-1999 school year, the Foundation Level of | ||||||
22 | support is
$4,225. For the 1999-2000 school year, the | ||||||
23 | Foundation Level of support is
$4,325. For the 2000-2001 school | ||||||
24 | year, the Foundation Level of support is
$4,425. For the | ||||||
25 | 2001-2002 school year and 2002-2003 school year, the
Foundation |
| |||||||
| |||||||
1 | Level of support is $4,560. For the 2003-2004 school year, the | ||||||
2 | Foundation Level of support is $4,810. For the 2004-2005 school | ||||||
3 | year, the Foundation Level of support is $4,964.
For the | ||||||
4 | 2005-2006 school year,
the Foundation Level of support is | ||||||
5 | $5,164.
| ||||||
6 | (3) For the 2006-2007 school year and each school year | ||||||
7 | thereafter,
the Foundation Level of support is $5,334 or such | ||||||
8 | greater amount as
may be established by law by the General | ||||||
9 | Assembly.
| ||||||
10 | (C) Average Daily Attendance.
| ||||||
11 | (1) For purposes of calculating general State aid pursuant | ||||||
12 | to subsection
(E), an Average Daily Attendance figure shall be | ||||||
13 | utilized. The Average Daily
Attendance figure for formula
| ||||||
14 | calculation purposes shall be the monthly average of the actual | ||||||
15 | number of
pupils in attendance of
each school district, as | ||||||
16 | further averaged for the best 3 months of pupil
attendance for | ||||||
17 | each
school district. In compiling the figures for the number | ||||||
18 | of pupils in
attendance, school districts
and the State Board | ||||||
19 | of Education shall, for purposes of general State aid
funding, | ||||||
20 | conform
attendance figures to the requirements of subsection | ||||||
21 | (F).
| ||||||
22 | (2) The Average Daily Attendance figures utilized in | ||||||
23 | subsection (E) shall be
the requisite attendance data for the | ||||||
24 | school year immediately preceding
the
school year for which | ||||||
25 | general State aid is being calculated
or the average of the |
| |||||||
| |||||||
1 | attendance data for the 3 preceding school
years, whichever is | ||||||
2 | greater. The Average Daily Attendance figures
utilized in | ||||||
3 | subsection (H) shall be the requisite attendance data for the
| ||||||
4 | school year immediately preceding the school year for which | ||||||
5 | general
State aid is being calculated.
| ||||||
6 | (D) Available Local Resources.
| ||||||
7 | (1) For purposes of calculating general State aid pursuant | ||||||
8 | to subsection
(E), a representation of Available Local | ||||||
9 | Resources per pupil, as that term is
defined and determined in | ||||||
10 | this subsection, shall be utilized. Available Local
Resources | ||||||
11 | per pupil shall include a calculated
dollar amount representing | ||||||
12 | local school district revenues from local property
taxes and | ||||||
13 | from
Corporate Personal Property Replacement Taxes, expressed | ||||||
14 | on the basis of pupils
in Average
Daily Attendance. Calculation | ||||||
15 | of Available Local Resources shall exclude any tax amnesty | ||||||
16 | funds received as a result of Public Act 93-26.
| ||||||
17 | (2) In determining a school district's revenue from local | ||||||
18 | property taxes,
the State Board of Education shall utilize the | ||||||
19 | equalized assessed valuation of
all taxable property of each | ||||||
20 | school
district as of September 30 of the previous year. The | ||||||
21 | equalized assessed
valuation utilized shall
be obtained and | ||||||
22 | determined as provided in subsection (G).
| ||||||
23 | (3) For school districts maintaining grades kindergarten | ||||||
24 | through 12, local
property tax
revenues per pupil shall be | ||||||
25 | calculated as the product of the applicable
equalized assessed
|
| |||||||
| |||||||
1 | valuation for the district multiplied by 3.00%, and divided by | ||||||
2 | the district's
Average Daily
Attendance figure. For school | ||||||
3 | districts maintaining grades kindergarten
through 8, local
| ||||||
4 | property tax revenues per pupil shall be calculated as the | ||||||
5 | product of the
applicable equalized
assessed valuation for the | ||||||
6 | district multiplied by 2.30%, and divided by the
district's | ||||||
7 | Average
Daily Attendance figure. For school districts | ||||||
8 | maintaining grades 9 through 12,
local property
tax revenues | ||||||
9 | per pupil shall be the applicable equalized assessed valuation | ||||||
10 | of
the district
multiplied by 1.05%, and divided by the | ||||||
11 | district's Average Daily
Attendance
figure.
| ||||||
12 | For partial elementary unit districts created pursuant to | ||||||
13 | Article 11E of this Code, local property tax revenues per pupil | ||||||
14 | shall be calculated as the product of the equalized assessed | ||||||
15 | valuation for property within the elementary and high school | ||||||
16 | classification of the partial elementary unit district | ||||||
17 | multiplied by 2.06% and divided by the Average Daily Attendance | ||||||
18 | figure for grades kindergarten through 8, plus the product of | ||||||
19 | the equalized assessed valuation for property within the high | ||||||
20 | school only classification of the partial elementary unit | ||||||
21 | district multiplied by 0.94% and divided by the Average Daily | ||||||
22 | Attendance figure for grades 9 through 12.
| ||||||
23 | (4) The Corporate Personal Property Replacement Taxes paid | ||||||
24 | to each school
district during the calendar year 2 years before | ||||||
25 | the calendar year in which a
school year begins, divided by the | ||||||
26 | Average Daily Attendance figure for that
district, shall be |
| |||||||
| |||||||
1 | added to the local property tax revenues per pupil as
derived | ||||||
2 | by the application of the immediately preceding paragraph (3). | ||||||
3 | The sum
of these per pupil figures for each school district | ||||||
4 | shall constitute Available
Local Resources as that term is | ||||||
5 | utilized in subsection (E) in the calculation
of general State | ||||||
6 | aid.
| ||||||
7 | (E) Computation of General State Aid.
| ||||||
8 | (1) For each school year, the amount of general State aid | ||||||
9 | allotted to a
school district shall be computed by the State | ||||||
10 | Board of Education as provided
in this subsection.
| ||||||
11 | (2) For any school district for which Available Local | ||||||
12 | Resources per pupil
is less than the product of 0.93 times the | ||||||
13 | Foundation Level, general State aid
for that district shall be | ||||||
14 | calculated as an amount equal to the Foundation
Level minus | ||||||
15 | Available Local Resources, multiplied by the Average Daily
| ||||||
16 | Attendance of the school district.
| ||||||
17 | (3) For any school district for which Available Local | ||||||
18 | Resources per pupil
is equal to or greater than the product of | ||||||
19 | 0.93 times the Foundation Level and
less than the product of | ||||||
20 | 1.75 times the Foundation Level, the general State aid
per | ||||||
21 | pupil shall be a decimal proportion of the Foundation Level | ||||||
22 | derived using a
linear algorithm. Under this linear algorithm, | ||||||
23 | the calculated general State
aid per pupil shall decline in | ||||||
24 | direct linear fashion from 0.07 times the
Foundation Level for | ||||||
25 | a school district with Available Local Resources equal to
the |
| |||||||
| |||||||
1 | product of 0.93 times the Foundation Level, to 0.05 times the | ||||||
2 | Foundation
Level for a school district with Available Local | ||||||
3 | Resources equal to the product
of 1.75 times the Foundation | ||||||
4 | Level. The allocation of general
State aid for school districts | ||||||
5 | subject to this paragraph 3 shall be the
calculated general | ||||||
6 | State aid
per pupil figure multiplied by the Average Daily | ||||||
7 | Attendance of the school
district.
| ||||||
8 | (4) For any school district for which Available Local | ||||||
9 | Resources per pupil
equals or exceeds the product of 1.75 times | ||||||
10 | the Foundation Level, the general
State aid for the school | ||||||
11 | district shall be calculated as the product of $218
multiplied | ||||||
12 | by the Average Daily Attendance of the school
district.
| ||||||
13 | (5) The amount of general State aid allocated to a school | ||||||
14 | district for
the 1999-2000 school year meeting the requirements | ||||||
15 | set forth in paragraph (4)
of subsection
(G) shall be increased | ||||||
16 | by an amount equal to the general State aid that
would have | ||||||
17 | been received by the district for the 1998-1999 school year by
| ||||||
18 | utilizing the Extension Limitation Equalized Assessed | ||||||
19 | Valuation as calculated
in paragraph (4) of subsection (G) less | ||||||
20 | the general State aid allotted for the
1998-1999
school year. | ||||||
21 | This amount shall be deemed a one time increase, and shall not
| ||||||
22 | affect any future general State aid allocations.
| ||||||
23 | (F) Compilation of Average Daily Attendance.
| ||||||
24 | (1) Each school district shall, by July 1 of each year, | ||||||
25 | submit to the State
Board of Education, on forms prescribed by |
| |||||||
| |||||||
1 | the State Board of Education,
attendance figures for the school | ||||||
2 | year that began in the preceding calendar
year. The attendance | ||||||
3 | information so transmitted shall identify the average
daily | ||||||
4 | attendance figures for each month of the school year. Beginning | ||||||
5 | with
the general State aid claim form for the 2002-2003 school
| ||||||
6 | year, districts shall calculate Average Daily Attendance as | ||||||
7 | provided in
subdivisions (a), (b), and (c) of this paragraph | ||||||
8 | (1).
| ||||||
9 | (a) In districts that do not hold year-round classes,
| ||||||
10 | days of attendance in August shall be added to the month of | ||||||
11 | September and any
days of attendance in June shall be added | ||||||
12 | to the month of May.
| ||||||
13 | (b) In districts in which all buildings hold year-round | ||||||
14 | classes,
days of attendance in July and August shall be | ||||||
15 | added to the month
of September and any days of attendance | ||||||
16 | in June shall be added to
the month of May.
| ||||||
17 | (c) In districts in which some buildings, but not all, | ||||||
18 | hold
year-round classes, for the non-year-round buildings, | ||||||
19 | days of
attendance in August shall be added to the month of | ||||||
20 | September
and any days of attendance in June shall be added | ||||||
21 | to the month of
May. The average daily attendance for the | ||||||
22 | year-round buildings
shall be computed as provided in | ||||||
23 | subdivision (b) of this paragraph
(1). To calculate the | ||||||
24 | Average Daily Attendance for the district, the
average | ||||||
25 | daily attendance for the year-round buildings shall be
| ||||||
26 | multiplied by the days in session for the non-year-round |
| |||||||
| |||||||
1 | buildings
for each month and added to the monthly | ||||||
2 | attendance of the
non-year-round buildings.
| ||||||
3 | Except as otherwise provided in this Section, days of
| ||||||
4 | attendance by pupils shall be counted only for sessions of not | ||||||
5 | less than
5 clock hours of school work per day under direct | ||||||
6 | supervision of: (i)
teachers, or (ii) non-teaching personnel or | ||||||
7 | volunteer personnel when engaging
in non-teaching duties and | ||||||
8 | supervising in those instances specified in
subsection (a) of | ||||||
9 | Section 10-22.34 and paragraph 10 of Section 34-18, with
pupils | ||||||
10 | of legal school age and in kindergarten and grades 1 through | ||||||
11 | 12.
| ||||||
12 | Days of attendance by tuition pupils shall be accredited | ||||||
13 | only to the
districts that pay the tuition to a recognized | ||||||
14 | school.
| ||||||
15 | (2) Days of attendance by pupils of less than 5 clock hours | ||||||
16 | of school
shall be subject to the following provisions in the | ||||||
17 | compilation of Average
Daily Attendance.
| ||||||
18 | (a) Pupils regularly enrolled in a public school for | ||||||
19 | only a part of
the school day may be counted on the basis | ||||||
20 | of 1/6 day for every class hour
of instruction of 40 | ||||||
21 | minutes or more attended pursuant to such enrollment,
| ||||||
22 | unless a pupil is
enrolled in a block-schedule format of 80 | ||||||
23 | minutes or more of instruction,
in which case the pupil may | ||||||
24 | be counted on the basis of the proportion of
minutes of | ||||||
25 | school work completed each day to the minimum number of
| ||||||
26 | minutes that school work is required to be held that day.
|
| |||||||
| |||||||
1 | (b) Days of attendance may be less than 5 clock hours | ||||||
2 | on the opening
and closing of the school term, and upon the | ||||||
3 | first day of pupil
attendance, if preceded by a day or days | ||||||
4 | utilized as an institute or
teachers' workshop.
| ||||||
5 | (c) A session of 4 or more clock hours may be counted | ||||||
6 | as a day of
attendance upon certification by the regional | ||||||
7 | superintendent, and
approved by the State Superintendent | ||||||
8 | of Education to the extent that the
district has been | ||||||
9 | forced to use daily multiple sessions.
| ||||||
10 | (d) A session of 3 or more clock hours may be counted | ||||||
11 | as a day of
attendance (1) when the remainder of the school | ||||||
12 | day or at least
2 hours in the evening of that day is | ||||||
13 | utilized for an
in-service training program for teachers, | ||||||
14 | up to a maximum of 5 days per
school year of which a | ||||||
15 | maximum of 4 days of such 5 days may be used for
| ||||||
16 | parent-teacher conferences, provided a district conducts | ||||||
17 | an in-service
training program for teachers which has been | ||||||
18 | approved by the State
Superintendent of Education; or, in | ||||||
19 | lieu of 4 such days, 2 full days may
be used, in which | ||||||
20 | event each such day
may be counted as a day of attendance; | ||||||
21 | and (2) when days in
addition to
those provided in item (1) | ||||||
22 | are scheduled by a school pursuant to its school
| ||||||
23 | improvement plan adopted under Article 34 or its revised or | ||||||
24 | amended school
improvement plan adopted under Article 2, | ||||||
25 | provided that (i) such sessions of
3 or more clock hours | ||||||
26 | are scheduled to occur at regular intervals, (ii) the
|
| |||||||
| |||||||
1 | remainder of the school days in which such sessions occur | ||||||
2 | are utilized
for in-service training programs or other | ||||||
3 | staff development activities for
teachers, and (iii) a | ||||||
4 | sufficient number of minutes of school work under the
| ||||||
5 | direct supervision of teachers are added to the school days | ||||||
6 | between such
regularly scheduled sessions to accumulate | ||||||
7 | not less than the number of minutes
by which such sessions | ||||||
8 | of 3 or more clock hours fall short of 5 clock hours.
Any | ||||||
9 | full days used for the purposes of this paragraph shall not | ||||||
10 | be considered
for
computing average daily attendance. Days | ||||||
11 | scheduled for in-service training
programs, staff | ||||||
12 | development activities, or parent-teacher conferences may | ||||||
13 | be
scheduled separately for different
grade levels and | ||||||
14 | different attendance centers of the district.
| ||||||
15 | (e) A session of not less than one clock hour of | ||||||
16 | teaching
hospitalized or homebound pupils on-site or by | ||||||
17 | telephone to the classroom may
be counted as 1/2 day of | ||||||
18 | attendance, however these pupils must receive 4 or
more | ||||||
19 | clock hours of instruction to be counted for a full day of | ||||||
20 | attendance.
| ||||||
21 | (f) A session of at least 4 clock hours may be counted | ||||||
22 | as a day of
attendance for first grade pupils, and pupils | ||||||
23 | in full day kindergartens,
and a session of 2 or more hours | ||||||
24 | may be counted as 1/2 day of attendance by
pupils in | ||||||
25 | kindergartens which provide only 1/2 day of attendance.
| ||||||
26 | (g) For children with disabilities who are below the |
| |||||||
| |||||||
1 | age of 6 years and
who
cannot attend 2 or more clock hours | ||||||
2 | because of their disability or
immaturity, a session of not | ||||||
3 | less than one clock hour may be counted as 1/2 day
of | ||||||
4 | attendance; however for such children whose educational | ||||||
5 | needs so require
a session of 4 or more clock hours may be | ||||||
6 | counted as a full day of attendance.
| ||||||
7 | (h) A recognized kindergarten which provides for only | ||||||
8 | 1/2 day of
attendance by each pupil shall not have more | ||||||
9 | than 1/2 day of attendance
counted in any one day. However, | ||||||
10 | kindergartens may count 2 1/2 days
of
attendance in any 5 | ||||||
11 | consecutive school days. When a pupil attends such a
| ||||||
12 | kindergarten for 2 half days on any one school day, the | ||||||
13 | pupil shall have
the following day as a day absent from | ||||||
14 | school, unless the school district
obtains permission in | ||||||
15 | writing from the State Superintendent of Education.
| ||||||
16 | Attendance at kindergartens which provide for a full day of | ||||||
17 | attendance by
each pupil shall be counted the same as | ||||||
18 | attendance by first grade pupils.
Only the first year of | ||||||
19 | attendance in one kindergarten shall be counted,
except in | ||||||
20 | case of children who entered the kindergarten in their | ||||||
21 | fifth year
whose educational development requires a second | ||||||
22 | year of kindergarten as
determined under the rules and | ||||||
23 | regulations of the State Board of Education.
| ||||||
24 | (i) On the days when the Prairie State Achievement | ||||||
25 | Examination is
administered under subsection (c) of | ||||||
26 | Section 2-3.64 of this Code, the day
of attendance for a |
| |||||||
| |||||||
1 | pupil whose school
day must be shortened to accommodate | ||||||
2 | required testing procedures may
be less than 5 clock hours | ||||||
3 | and shall be counted towards the 176 days of actual pupil | ||||||
4 | attendance required under Section 10-19 of this Code, | ||||||
5 | provided that a sufficient number of minutes
of school work | ||||||
6 | in excess of 5 clock hours are first completed on other | ||||||
7 | school
days to compensate for the loss of school work on | ||||||
8 | the examination days.
| ||||||
9 | (G) Equalized Assessed Valuation Data.
| ||||||
10 | (1) For purposes of the calculation of Available Local | ||||||
11 | Resources required
pursuant to subsection (D), the
State Board | ||||||
12 | of Education shall secure from the Department of
Revenue the | ||||||
13 | value as equalized or assessed by the Department of Revenue of
| ||||||
14 | all taxable property of every school district, together with | ||||||
15 | (i) the applicable
tax rate used in extending taxes for the | ||||||
16 | funds of the district as of
September 30 of the previous year
| ||||||
17 | and (ii) the limiting rate for all school
districts subject to | ||||||
18 | property tax extension limitations as imposed under the
| ||||||
19 | Property Tax Extension Limitation Law.
| ||||||
20 | The Department of Revenue shall add to the equalized | ||||||
21 | assessed value of all
taxable
property of each school district | ||||||
22 | situated entirely or partially within a county
that is or was | ||||||
23 | subject to the alternative general homestead exemption | ||||||
24 | provisions of Section 15-176 of the Property Tax Code (a)
an | ||||||
25 | amount equal to the total amount by which the
homestead |
| |||||||
| |||||||
1 | exemption allowed under Section 15-176 of the Property Tax Code | ||||||
2 | for
real
property situated in that school district exceeds the | ||||||
3 | total amount that would
have been
allowed in that school | ||||||
4 | district if the maximum reduction under Section 15-176
was
(i) | ||||||
5 | $4,500 in Cook County or $3,500 in all other counties in tax | ||||||
6 | year 2003 or (ii) $5,000 in all counties in tax year 2004 and | ||||||
7 | thereafter and (b) an amount equal to the aggregate amount for | ||||||
8 | the taxable year of all additional exemptions under Section | ||||||
9 | 15-175 of the Property Tax Code for owners with a household | ||||||
10 | income of $30,000 or less. The county clerk of any county that | ||||||
11 | is or was subject to the alternative general homestead | ||||||
12 | exemption provisions of Section 15-176 of the Property Tax Code | ||||||
13 | shall
annually calculate and certify to the Department of | ||||||
14 | Revenue for each school
district all
homestead exemption | ||||||
15 | amounts under Section 15-176 of the Property Tax Code and all | ||||||
16 | amounts of additional exemptions under Section 15-175 of the | ||||||
17 | Property Tax Code for owners with a household income of $30,000 | ||||||
18 | or less. It is the intent of this paragraph that if the general | ||||||
19 | homestead exemption for a parcel of property is determined | ||||||
20 | under Section 15-176 of the Property Tax Code rather than | ||||||
21 | Section 15-175, then the calculation of Available Local | ||||||
22 | Resources shall not be affected by the difference, if any, | ||||||
23 | between the amount of the general homestead exemption allowed | ||||||
24 | for that parcel of property under Section 15-176 of the | ||||||
25 | Property Tax Code and the amount that would have been allowed | ||||||
26 | had the general homestead exemption for that parcel of property |
| |||||||
| |||||||
1 | been determined under Section 15-175 of the Property Tax Code. | ||||||
2 | It is further the intent of this paragraph that if additional | ||||||
3 | exemptions are allowed under Section 15-175 of the Property Tax | ||||||
4 | Code for owners with a household income of less than $30,000, | ||||||
5 | then the calculation of Available Local Resources shall not be | ||||||
6 | affected by the difference, if any, because of those additional | ||||||
7 | exemptions.
| ||||||
8 | This equalized assessed valuation, as adjusted further by | ||||||
9 | the requirements of
this subsection, shall be utilized in the | ||||||
10 | calculation of Available Local
Resources.
| ||||||
11 | (2) The equalized assessed valuation in paragraph (1) shall | ||||||
12 | be adjusted, as
applicable, in the following manner:
| ||||||
13 | (a) For the purposes of calculating State aid under | ||||||
14 | this Section,
with respect to any part of a school district | ||||||
15 | within a redevelopment
project area in respect to which a | ||||||
16 | municipality has adopted tax
increment allocation | ||||||
17 | financing pursuant to the Tax Increment Allocation
| ||||||
18 | Redevelopment Act, Sections 11-74.4-1 through 11-74.4-11 | ||||||
19 | of the Illinois
Municipal Code or the Industrial Jobs | ||||||
20 | Recovery Law, Sections 11-74.6-1 through
11-74.6-50 of the | ||||||
21 | Illinois Municipal Code, no part of the current equalized
| ||||||
22 | assessed valuation of real property located in any such | ||||||
23 | project area which is
attributable to an increase above the | ||||||
24 | total initial equalized assessed
valuation of such | ||||||
25 | property shall be used as part of the equalized assessed
| ||||||
26 | valuation of the district, until such time as all
|
| |||||||
| |||||||
1 | redevelopment project costs have been paid, as provided in | ||||||
2 | Section 11-74.4-8
of the Tax Increment Allocation | ||||||
3 | Redevelopment Act or in Section 11-74.6-35 of
the | ||||||
4 | Industrial Jobs Recovery Law. For the purpose of
the | ||||||
5 | equalized assessed valuation of the
district, the total | ||||||
6 | initial equalized assessed valuation or the current
| ||||||
7 | equalized assessed valuation, whichever is lower, shall be | ||||||
8 | used until
such time as all redevelopment project costs | ||||||
9 | have been paid.
| ||||||
10 | (b) The real property equalized assessed valuation for | ||||||
11 | a school district
shall be adjusted by subtracting from the | ||||||
12 | real property
value as equalized or assessed by the | ||||||
13 | Department of Revenue for the
district an amount computed | ||||||
14 | by dividing the amount of any abatement of
taxes under | ||||||
15 | Section 18-170 of the Property Tax Code by 3.00% for a | ||||||
16 | district
maintaining grades kindergarten through 12, by | ||||||
17 | 2.30% for a district
maintaining grades kindergarten | ||||||
18 | through 8, or by 1.05% for a
district
maintaining grades 9 | ||||||
19 | through 12 and adjusted by an amount computed by dividing
| ||||||
20 | the amount of any abatement of taxes under subsection (a) | ||||||
21 | of Section 18-165 of
the Property Tax Code by the same | ||||||
22 | percentage rates for district type as
specified in this | ||||||
23 | subparagraph (b).
| ||||||
24 | (3) For the 1999-2000 school year and each school year | ||||||
25 | thereafter, if a
school district meets all of the criteria of | ||||||
26 | this subsection (G)(3), the school
district's Available Local |
| |||||||
| |||||||
1 | Resources shall be calculated under subsection (D)
using the | ||||||
2 | district's Extension Limitation Equalized Assessed Valuation | ||||||
3 | as
calculated under this
subsection (G)(3).
| ||||||
4 | For purposes of this subsection (G)(3) the following terms | ||||||
5 | shall have
the following meanings:
| ||||||
6 | "Budget Year": The school year for which general State | ||||||
7 | aid is calculated
and
awarded under subsection (E).
| ||||||
8 | "Base Tax Year": The property tax levy year used to | ||||||
9 | calculate the Budget
Year
allocation of general State aid.
| ||||||
10 | "Preceding Tax Year": The property tax levy year | ||||||
11 | immediately preceding the
Base Tax Year.
| ||||||
12 | "Base Tax Year's Tax Extension": The product of the | ||||||
13 | equalized assessed
valuation utilized by the County Clerk | ||||||
14 | in the Base Tax Year multiplied by the
limiting rate as | ||||||
15 | calculated by the County Clerk and defined in the Property | ||||||
16 | Tax
Extension Limitation Law.
| ||||||
17 | "Preceding Tax Year's Tax Extension": The product of | ||||||
18 | the equalized assessed
valuation utilized by the County | ||||||
19 | Clerk in the Preceding Tax Year multiplied by
the Operating | ||||||
20 | Tax Rate as defined in subsection (A).
| ||||||
21 | "Extension Limitation Ratio": A numerical ratio, | ||||||
22 | certified by the
County Clerk, in which the numerator is | ||||||
23 | the Base Tax Year's Tax
Extension and the denominator is | ||||||
24 | the Preceding Tax Year's Tax Extension.
| ||||||
25 | "Operating Tax Rate": The operating tax rate as defined | ||||||
26 | in subsection (A).
|
| |||||||
| |||||||
1 | If a school district is subject to property tax extension | ||||||
2 | limitations as
imposed under
the Property Tax Extension | ||||||
3 | Limitation Law, the State Board of Education shall
calculate | ||||||
4 | the Extension
Limitation
Equalized Assessed Valuation of that | ||||||
5 | district. For the 1999-2000 school
year, the
Extension | ||||||
6 | Limitation Equalized Assessed Valuation of a school district as
| ||||||
7 | calculated by the State Board of Education shall be equal to | ||||||
8 | the product of the
district's 1996 Equalized Assessed Valuation | ||||||
9 | and the district's Extension
Limitation Ratio. For the | ||||||
10 | 2000-2001 school year and each school year
thereafter,
the | ||||||
11 | Extension Limitation Equalized Assessed Valuation of a school | ||||||
12 | district as
calculated by the State Board of Education shall be | ||||||
13 | equal to the product of
the Equalized Assessed Valuation last | ||||||
14 | used in the calculation of general State
aid and the
district's | ||||||
15 | Extension Limitation Ratio. If the Extension Limitation
| ||||||
16 | Equalized
Assessed Valuation of a school district as calculated | ||||||
17 | under
this subsection (G)(3) is less than the district's | ||||||
18 | equalized assessed valuation
as calculated pursuant to | ||||||
19 | subsections (G)(1) and (G)(2), then for purposes of
calculating | ||||||
20 | the district's general State aid for the Budget Year pursuant | ||||||
21 | to
subsection (E), that Extension
Limitation Equalized | ||||||
22 | Assessed Valuation shall be utilized to calculate the
| ||||||
23 | district's Available Local Resources
under subsection (D).
| ||||||
24 | Partial elementary unit districts created in accordance | ||||||
25 | with Article 11E of this Code shall not be eligible for the | ||||||
26 | adjustment in this subsection (G)(3) until the fifth year |
| |||||||
| |||||||
1 | following the effective date of the reorganization.
| ||||||
2 | (4) For the purposes of calculating general State aid for | ||||||
3 | the 1999-2000
school year only, if a school district | ||||||
4 | experienced a triennial reassessment on
the equalized assessed | ||||||
5 | valuation used in calculating its general State
financial aid | ||||||
6 | apportionment for the 1998-1999 school year, the State Board of
| ||||||
7 | Education shall calculate the Extension Limitation Equalized | ||||||
8 | Assessed Valuation
that would have been used to calculate the | ||||||
9 | district's 1998-1999 general State
aid. This amount shall equal | ||||||
10 | the product of the equalized assessed valuation
used to
| ||||||
11 | calculate general State aid for the 1997-1998 school year and | ||||||
12 | the district's
Extension Limitation Ratio. If the Extension | ||||||
13 | Limitation Equalized Assessed
Valuation of the school district | ||||||
14 | as calculated under this paragraph (4) is
less than the | ||||||
15 | district's equalized assessed valuation utilized in | ||||||
16 | calculating
the
district's 1998-1999 general State aid | ||||||
17 | allocation, then for purposes of
calculating the district's | ||||||
18 | general State aid pursuant to paragraph (5) of
subsection (E),
| ||||||
19 | that Extension Limitation Equalized Assessed Valuation shall | ||||||
20 | be utilized to
calculate the district's Available Local | ||||||
21 | Resources.
| ||||||
22 | (5) For school districts having a majority of their | ||||||
23 | equalized assessed
valuation in any county except Cook, DuPage, | ||||||
24 | Kane, Lake, McHenry, or Will, if
the amount of general State | ||||||
25 | aid allocated to the school district for the
1999-2000 school | ||||||
26 | year under the provisions of subsection (E), (H), and (J) of
|
| |||||||
| |||||||
1 | this Section is less than the amount of general State aid | ||||||
2 | allocated to the
district for the 1998-1999 school year under | ||||||
3 | these subsections, then the
general
State aid of the district | ||||||
4 | for the 1999-2000 school year only shall be increased
by the | ||||||
5 | difference between these amounts. The total payments made under | ||||||
6 | this
paragraph (5) shall not exceed $14,000,000. Claims shall | ||||||
7 | be prorated if they
exceed $14,000,000.
| ||||||
8 | (H) Supplemental General State Aid.
| ||||||
9 | (1) In addition to the general State aid a school district | ||||||
10 | is allotted
pursuant to subsection (E), qualifying school | ||||||
11 | districts shall receive a grant,
paid in conjunction with a | ||||||
12 | district's payments of general State aid, for
supplemental | ||||||
13 | general State aid based upon the concentration level of | ||||||
14 | children
from low-income households within the school | ||||||
15 | district.
Supplemental State aid grants provided for school | ||||||
16 | districts under this
subsection shall be appropriated for | ||||||
17 | distribution to school districts as part
of the same line item | ||||||
18 | in which the general State financial aid of school
districts is | ||||||
19 | appropriated under this Section.
If the appropriation in any | ||||||
20 | fiscal year for general State aid and
supplemental general | ||||||
21 | State aid is insufficient to pay the amounts required
under the | ||||||
22 | general State aid and supplemental general State aid | ||||||
23 | calculations,
then the
State Board of Education shall ensure | ||||||
24 | that
each school district receives the full amount due for | ||||||
25 | general State aid
and the remainder of the appropriation shall |
| |||||||
| |||||||
1 | be used
for supplemental general State aid, which the State | ||||||
2 | Board of Education shall
calculate and pay to eligible | ||||||
3 | districts on a prorated basis.
| ||||||
4 | (1.5) This paragraph (1.5) applies only to those school | ||||||
5 | years
preceding the 2003-2004 school year.
For purposes of this
| ||||||
6 | subsection (H), the term "Low-Income Concentration Level" | ||||||
7 | shall be the
low-income
eligible pupil count from the most | ||||||
8 | recently available federal census divided by
the Average Daily | ||||||
9 | Attendance of the school district.
If, however, (i) the | ||||||
10 | percentage decrease from the 2 most recent federal
censuses
in | ||||||
11 | the low-income eligible pupil count of a high school district | ||||||
12 | with fewer
than 400 students exceeds by 75% or more the | ||||||
13 | percentage change in the total
low-income eligible pupil count | ||||||
14 | of contiguous elementary school districts,
whose boundaries | ||||||
15 | are coterminous with the high school district,
or (ii) a high | ||||||
16 | school district within 2 counties and serving 5 elementary
| ||||||
17 | school
districts, whose boundaries are coterminous with the | ||||||
18 | high school
district, has a percentage decrease from the 2 most | ||||||
19 | recent federal
censuses in the low-income eligible pupil count | ||||||
20 | and there is a percentage
increase in the total low-income | ||||||
21 | eligible pupil count of a majority of the
elementary school | ||||||
22 | districts in excess of 50% from the 2 most recent
federal | ||||||
23 | censuses, then
the
high school district's low-income eligible | ||||||
24 | pupil count from the earlier federal
census
shall be the number | ||||||
25 | used as the low-income eligible pupil count for the high
school | ||||||
26 | district, for purposes of this subsection (H).
The changes made |
| |||||||
| |||||||
1 | to this paragraph (1) by Public Act 92-28 shall apply to
| ||||||
2 | supplemental general State aid
grants for school years | ||||||
3 | preceding the 2003-2004 school year that are paid
in fiscal | ||||||
4 | year 1999 or thereafter
and to
any State aid payments made in | ||||||
5 | fiscal year 1994 through fiscal year
1998 pursuant to | ||||||
6 | subsection 1(n) of Section 18-8 of this Code (which was
| ||||||
7 | repealed on July 1, 1998), and any high school district that is | ||||||
8 | affected by
Public Act 92-28 is
entitled to a
recomputation of | ||||||
9 | its supplemental general State aid grant or State aid
paid in | ||||||
10 | any of those fiscal years. This recomputation shall not be
| ||||||
11 | affected by any other funding.
| ||||||
12 | (1.10) This paragraph (1.10) applies to the 2003-2004 | ||||||
13 | school year
and each school year thereafter. For purposes of | ||||||
14 | this subsection (H), the
term "Low-Income Concentration Level" | ||||||
15 | shall, for each fiscal year, be the
low-income eligible
pupil | ||||||
16 | count
as of July 1 of the immediately preceding fiscal year
(as | ||||||
17 | determined by the Department of Human Services based
on the | ||||||
18 | number of pupils
who are eligible for at least one of the | ||||||
19 | following
low income programs: Medicaid, KidCare, TANF, or Food | ||||||
20 | Stamps,
excluding pupils who are eligible for services provided | ||||||
21 | by the Department
of Children and Family Services,
averaged | ||||||
22 | over
the 2 immediately preceding fiscal years for fiscal year | ||||||
23 | 2004 and over the 3
immediately preceding fiscal years for each | ||||||
24 | fiscal year thereafter)
divided by the Average Daily Attendance | ||||||
25 | of the school district.
| ||||||
26 | (2) Supplemental general State aid pursuant to this |
| |||||||
| |||||||
1 | subsection (H) shall
be
provided as follows for the 1998-1999, | ||||||
2 | 1999-2000, and 2000-2001 school years
only:
| ||||||
3 | (a) For any school district with a Low Income | ||||||
4 | Concentration Level of at
least 20% and less than 35%, the | ||||||
5 | grant for any school year
shall be $800
multiplied by the | ||||||
6 | low income eligible pupil count.
| ||||||
7 | (b) For any school district with a Low Income | ||||||
8 | Concentration Level of at
least 35% and less than 50%, the | ||||||
9 | grant for the 1998-1999 school year shall be
$1,100 | ||||||
10 | multiplied by the low income eligible pupil count.
| ||||||
11 | (c) For any school district with a Low Income | ||||||
12 | Concentration Level of at
least 50% and less than 60%, the | ||||||
13 | grant for the 1998-99 school year shall be
$1,500 | ||||||
14 | multiplied by the low income eligible pupil count.
| ||||||
15 | (d) For any school district with a Low Income | ||||||
16 | Concentration Level of 60%
or more, the grant for the | ||||||
17 | 1998-99 school year shall be $1,900 multiplied by
the low | ||||||
18 | income eligible pupil count.
| ||||||
19 | (e) For the 1999-2000 school year, the per pupil amount | ||||||
20 | specified in
subparagraphs (b), (c), and (d) immediately | ||||||
21 | above shall be increased to $1,243,
$1,600, and $2,000, | ||||||
22 | respectively.
| ||||||
23 | (f) For the 2000-2001 school year, the per pupil | ||||||
24 | amounts specified in
subparagraphs (b), (c), and (d) | ||||||
25 | immediately above shall be
$1,273, $1,640, and $2,050, | ||||||
26 | respectively.
|
| |||||||
| |||||||
1 | (2.5) Supplemental general State aid pursuant to this | ||||||
2 | subsection (H)
shall be provided as follows for the 2002-2003 | ||||||
3 | school year:
| ||||||
4 | (a) For any school district with a Low Income | ||||||
5 | Concentration Level of less
than 10%, the grant for each | ||||||
6 | school year shall be $355 multiplied by the low
income | ||||||
7 | eligible pupil count.
| ||||||
8 | (b) For any school district with a Low Income | ||||||
9 | Concentration
Level of at least 10% and less than 20%, the | ||||||
10 | grant for each school year shall
be $675
multiplied by the | ||||||
11 | low income eligible pupil
count.
| ||||||
12 | (c) For any school district with a Low Income | ||||||
13 | Concentration
Level of at least 20% and less than 35%, the | ||||||
14 | grant for each school year shall
be $1,330
multiplied by | ||||||
15 | the low income eligible pupil
count.
| ||||||
16 | (d) For any school district with a Low Income | ||||||
17 | Concentration
Level of at least 35% and less than 50%, the | ||||||
18 | grant for each school year shall
be $1,362
multiplied by | ||||||
19 | the low income eligible pupil
count.
| ||||||
20 | (e) For any school district with a Low Income | ||||||
21 | Concentration
Level of at least 50% and less than 60%, the | ||||||
22 | grant for each school year shall
be $1,680
multiplied by | ||||||
23 | the low income eligible pupil
count.
| ||||||
24 | (f) For any school district with a Low Income | ||||||
25 | Concentration
Level of 60% or more, the grant for each | ||||||
26 | school year shall be $2,080
multiplied by the low income |
| |||||||
| |||||||
1 | eligible pupil count.
| ||||||
2 | (2.10) Except as otherwise provided, supplemental general | ||||||
3 | State aid
pursuant to this subsection
(H) shall be provided as | ||||||
4 | follows for the 2003-2004 school year and each
school year | ||||||
5 | thereafter:
| ||||||
6 | (a) For any school district with a Low Income | ||||||
7 | Concentration
Level of 15% or less, the grant for each | ||||||
8 | school year
shall be $355 multiplied by the low income | ||||||
9 | eligible pupil count.
| ||||||
10 | (b) For any school district with a Low Income | ||||||
11 | Concentration
Level greater than 15%, the grant for each | ||||||
12 | school year shall be
$294.25 added to the product of $2,700 | ||||||
13 | and the square of the Low
Income Concentration Level, all | ||||||
14 | multiplied by the low income
eligible pupil count.
| ||||||
15 | For the 2003-2004 school year, 2004-2005 school year,
| ||||||
16 | 2005-2006 school year, and 2006-2007 school year only, the | ||||||
17 | grant shall be no less than the
grant
for
the 2002-2003 school | ||||||
18 | year. For the 2007-2008 school year only, the grant shall
be no
| ||||||
19 | less than the grant for the 2002-2003 school year multiplied by | ||||||
20 | 0.66. For the
2008-2009
school year only, the grant shall be no | ||||||
21 | less than the grant for the 2002-2003
school year
multiplied by | ||||||
22 | 0.33. Notwithstanding the provisions of this paragraph to the | ||||||
23 | contrary, if for any school year supplemental general State aid | ||||||
24 | grants are prorated as provided in paragraph (1) of this | ||||||
25 | subsection (H), then the grants under this paragraph shall be | ||||||
26 | prorated.
|
| |||||||
| |||||||
1 | For the 2003-2004 school year only, the grant shall be no | ||||||
2 | greater
than the grant received during the 2002-2003 school | ||||||
3 | year added to the
product of 0.25 multiplied by the difference | ||||||
4 | between the grant amount
calculated under subsection (a) or (b) | ||||||
5 | of this paragraph (2.10), whichever
is applicable, and the | ||||||
6 | grant received during the 2002-2003 school year.
For the | ||||||
7 | 2004-2005 school year only, the grant shall be no greater than
| ||||||
8 | the grant received during the 2002-2003 school year added to | ||||||
9 | the
product of 0.50 multiplied by the difference between the | ||||||
10 | grant amount
calculated under subsection (a) or (b) of this | ||||||
11 | paragraph (2.10), whichever
is applicable, and the grant | ||||||
12 | received during the 2002-2003 school year.
For the 2005-2006 | ||||||
13 | school year only, the grant shall be no greater than
the grant | ||||||
14 | received during the 2002-2003 school year added to the
product | ||||||
15 | of 0.75 multiplied by the difference between the grant amount
| ||||||
16 | calculated under subsection (a) or (b) of this paragraph | ||||||
17 | (2.10), whichever
is applicable, and the grant received during | ||||||
18 | the 2002-2003
school year.
| ||||||
19 | (3) School districts with an Average Daily Attendance of | ||||||
20 | more than 1,000
and less than 50,000 that qualify for | ||||||
21 | supplemental general State aid pursuant
to this subsection | ||||||
22 | shall submit a plan to the State Board of Education prior to
| ||||||
23 | October 30 of each year for the use of the funds resulting from | ||||||
24 | this grant of
supplemental general State aid for the | ||||||
25 | improvement of
instruction in which priority is given to | ||||||
26 | meeting the education needs of
disadvantaged children. Such |
| |||||||
| |||||||
1 | plan shall be submitted in accordance with
rules and | ||||||
2 | regulations promulgated by the State Board of Education.
| ||||||
3 | (4) School districts with an Average Daily Attendance of | ||||||
4 | 50,000 or more
that qualify for supplemental general State aid | ||||||
5 | pursuant to this subsection
shall be required to distribute | ||||||
6 | from funds available pursuant to this Section,
no less than | ||||||
7 | $261,000,000 in accordance with the following requirements:
| ||||||
8 | (a) The required amounts shall be distributed to the | ||||||
9 | attendance centers
within the district in proportion to the | ||||||
10 | number of pupils enrolled at each
attendance center who are | ||||||
11 | eligible to receive free or reduced-price lunches or
| ||||||
12 | breakfasts under the federal Child Nutrition Act of 1966 | ||||||
13 | and under the National
School Lunch Act during the | ||||||
14 | immediately preceding school year.
| ||||||
15 | (b) The distribution of these portions of supplemental | ||||||
16 | and general State
aid among attendance centers according to | ||||||
17 | these requirements shall not be
compensated for or | ||||||
18 | contravened by adjustments of the total of other funds
| ||||||
19 | appropriated to any attendance centers, and the Board of | ||||||
20 | Education shall
utilize funding from one or several sources | ||||||
21 | in order to fully implement this
provision annually prior | ||||||
22 | to the opening of school.
| ||||||
23 | (c) Each attendance center shall be provided by the
| ||||||
24 | school district a distribution of noncategorical funds and | ||||||
25 | other
categorical funds to which an attendance center is | ||||||
26 | entitled under law in
order that the general State aid and |
| |||||||
| |||||||
1 | supplemental general State aid provided
by application of | ||||||
2 | this subsection supplements rather than supplants the
| ||||||
3 | noncategorical funds and other categorical funds provided | ||||||
4 | by the school
district to the attendance centers.
| ||||||
5 | (d) Any funds made available under this subsection that | ||||||
6 | by reason of the
provisions of this subsection are not
| ||||||
7 | required to be allocated and provided to attendance centers | ||||||
8 | may be used and
appropriated by the board of the district | ||||||
9 | for any lawful school purpose.
| ||||||
10 | (e) Funds received by an attendance center
pursuant to | ||||||
11 | this
subsection shall be used
by the attendance center at | ||||||
12 | the discretion
of the principal and local school council | ||||||
13 | for programs to improve educational
opportunities at | ||||||
14 | qualifying schools through the following programs and
| ||||||
15 | services: early childhood education, reduced class size or | ||||||
16 | improved adult to
student classroom ratio, enrichment | ||||||
17 | programs, remedial assistance, attendance
improvement, and | ||||||
18 | other educationally beneficial expenditures which
| ||||||
19 | supplement
the regular and basic programs as determined by | ||||||
20 | the State Board of Education.
Funds provided shall not be | ||||||
21 | expended for any political or lobbying purposes
as defined | ||||||
22 | by board rule.
| ||||||
23 | (f) Each district subject to the provisions of this | ||||||
24 | subdivision (H)(4)
shall submit an
acceptable plan to meet | ||||||
25 | the educational needs of disadvantaged children, in
| ||||||
26 | compliance with the requirements of this paragraph, to the |
| |||||||
| |||||||
1 | State Board of
Education prior to July 15 of each year. | ||||||
2 | This plan shall be consistent with the
decisions of local | ||||||
3 | school councils concerning the school expenditure plans
| ||||||
4 | developed in accordance with part 4 of Section 34-2.3. The | ||||||
5 | State Board shall
approve or reject the plan within 60 days | ||||||
6 | after its submission. If the plan is
rejected, the district | ||||||
7 | shall give written notice of intent to modify the plan
| ||||||
8 | within 15 days of the notification of rejection and then | ||||||
9 | submit a modified plan
within 30 days after the date of the | ||||||
10 | written notice of intent to modify.
Districts may amend | ||||||
11 | approved plans pursuant to rules promulgated by the State
| ||||||
12 | Board of Education.
| ||||||
13 | Upon notification by the State Board of Education that | ||||||
14 | the district has
not submitted a plan prior to July 15 or a | ||||||
15 | modified plan within the time
period specified herein, the
| ||||||
16 | State aid funds affected by that plan or modified plan | ||||||
17 | shall be withheld by the
State Board of Education until a | ||||||
18 | plan or modified plan is submitted.
| ||||||
19 | If the district fails to distribute State aid to | ||||||
20 | attendance centers in
accordance with an approved plan, the | ||||||
21 | plan for the following year shall
allocate funds, in | ||||||
22 | addition to the funds otherwise required by this
| ||||||
23 | subsection, to those attendance centers which were | ||||||
24 | underfunded during the
previous year in amounts equal to | ||||||
25 | such underfunding.
| ||||||
26 | For purposes of determining compliance with this |
| |||||||
| |||||||
1 | subsection in relation
to the requirements of attendance | ||||||
2 | center funding, each district subject to the
provisions of | ||||||
3 | this
subsection shall submit as a separate document by | ||||||
4 | December 1 of each year a
report of expenditure data for | ||||||
5 | the prior year in addition to any
modification of its | ||||||
6 | current plan. If it is determined that there has been
a | ||||||
7 | failure to comply with the expenditure provisions of this | ||||||
8 | subsection
regarding contravention or supplanting, the | ||||||
9 | State Superintendent of
Education shall, within 60 days of | ||||||
10 | receipt of the report, notify the
district and any affected | ||||||
11 | local school council. The district shall within
45 days of | ||||||
12 | receipt of that notification inform the State | ||||||
13 | Superintendent of
Education of the remedial or corrective | ||||||
14 | action to be taken, whether by
amendment of the current | ||||||
15 | plan, if feasible, or by adjustment in the plan
for the | ||||||
16 | following year. Failure to provide the expenditure report | ||||||
17 | or the
notification of remedial or corrective action in a | ||||||
18 | timely manner shall
result in a withholding of the affected | ||||||
19 | funds.
| ||||||
20 | The State Board of Education shall promulgate rules and | ||||||
21 | regulations
to implement the provisions of this | ||||||
22 | subsection. No funds shall be released
under this | ||||||
23 | subdivision (H)(4) to any district that has not submitted a | ||||||
24 | plan
that has been approved by the State Board of | ||||||
25 | Education.
|
| |||||||
| |||||||
1 | (I) (Blank).
| ||||||
2 | (J) Supplementary Grants in Aid.
| ||||||
3 | (1) Notwithstanding any other provisions of this Section, | ||||||
4 | the amount of the
aggregate general State aid in combination | ||||||
5 | with supplemental general State aid
under this Section for | ||||||
6 | which
each school district is eligible shall be no
less than | ||||||
7 | the amount of the aggregate general State aid entitlement that | ||||||
8 | was
received by the district under Section
18-8 (exclusive of | ||||||
9 | amounts received
under subsections 5(p) and 5(p-5) of that | ||||||
10 | Section)
for the 1997-98 school year,
pursuant to the | ||||||
11 | provisions of that Section as it was then in effect.
If a | ||||||
12 | school district qualifies to receive a supplementary payment | ||||||
13 | made under
this subsection (J), the amount
of the aggregate | ||||||
14 | general State aid in combination with supplemental general
| ||||||
15 | State aid under this Section
which that district is eligible to | ||||||
16 | receive for each school year shall be no less than the amount | ||||||
17 | of the aggregate
general State aid entitlement that was | ||||||
18 | received by the district under
Section 18-8 (exclusive of | ||||||
19 | amounts received
under subsections 5(p) and 5(p-5) of that | ||||||
20 | Section)
for the 1997-1998 school year, pursuant to the | ||||||
21 | provisions of that
Section as it was then in effect.
| ||||||
22 | (2) If, as provided in paragraph (1) of this subsection | ||||||
23 | (J), a school
district is to receive aggregate general State | ||||||
24 | aid in
combination with supplemental general State aid under | ||||||
25 | this Section for the 1998-99 school year and any subsequent |
| |||||||
| |||||||
1 | school
year that in any such school year is less than the | ||||||
2 | amount of the aggregate
general
State
aid entitlement that the | ||||||
3 | district received for the 1997-98 school year, the
school | ||||||
4 | district shall also receive, from a separate appropriation made | ||||||
5 | for
purposes of this subsection (J), a supplementary payment | ||||||
6 | that is equal to the
amount of the difference in the aggregate | ||||||
7 | State aid figures as described in
paragraph (1).
| ||||||
8 | (3) (Blank).
| ||||||
9 | (K) Grants to Laboratory and Alternative Schools.
| ||||||
10 | In calculating the amount to be paid to the governing board | ||||||
11 | of a public
university that operates a laboratory school under | ||||||
12 | this Section or to any
alternative school that is operated by a | ||||||
13 | regional superintendent of schools,
the State
Board of | ||||||
14 | Education shall require by rule such reporting requirements as | ||||||
15 | it
deems necessary.
| ||||||
16 | As used in this Section, "laboratory school" means a public | ||||||
17 | school which is
created and operated by a public university and | ||||||
18 | approved by the State Board of
Education. The governing board | ||||||
19 | of a public university which receives funds
from the State | ||||||
20 | Board under this subsection (K) may not increase the number of
| ||||||
21 | students enrolled in its laboratory
school from a single | ||||||
22 | district, if that district is already sending 50 or more
| ||||||
23 | students, except under a mutual agreement between the school | ||||||
24 | board of a
student's district of residence and the university | ||||||
25 | which operates the
laboratory school. A laboratory school may |
| |||||||
| |||||||
1 | not have more than 1,000 students,
excluding students with | ||||||
2 | disabilities in a special education program.
| ||||||
3 | As used in this Section, "alternative school" means a | ||||||
4 | public school which is
created and operated by a Regional | ||||||
5 | Superintendent of Schools and approved by
the State Board of | ||||||
6 | Education. Such alternative schools may offer courses of
| ||||||
7 | instruction for which credit is given in regular school | ||||||
8 | programs, courses to
prepare students for the high school | ||||||
9 | equivalency testing program or vocational
and occupational | ||||||
10 | training. A regional superintendent of schools may contract
| ||||||
11 | with a school district or a public community college district | ||||||
12 | to operate an
alternative school. An alternative school serving | ||||||
13 | more than one educational
service region may be established by | ||||||
14 | the regional superintendents of schools
of the affected | ||||||
15 | educational service regions. An alternative school
serving | ||||||
16 | more than one educational service region may be operated under | ||||||
17 | such
terms as the regional superintendents of schools of those | ||||||
18 | educational service
regions may agree.
| ||||||
19 | Each laboratory and alternative school shall file, on forms | ||||||
20 | provided by the
State Superintendent of Education, an annual | ||||||
21 | State aid claim which states the
Average Daily Attendance of | ||||||
22 | the school's students by month. The best 3 months'
Average | ||||||
23 | Daily Attendance shall be computed for each school.
The general | ||||||
24 | State aid entitlement shall be computed by multiplying the
| ||||||
25 | applicable Average Daily Attendance by the Foundation Level as | ||||||
26 | determined under
this Section.
|
| |||||||
| |||||||
1 | (L) Payments, Additional Grants in Aid and Other Requirements.
| ||||||
2 | (1) For a school district operating under the financial | ||||||
3 | supervision
of an Authority created under Article 34A, the | ||||||
4 | general State aid otherwise
payable to that district under this | ||||||
5 | Section, but not the supplemental general
State aid, shall be | ||||||
6 | reduced by an amount equal to the budget for
the operations of | ||||||
7 | the Authority as certified by the Authority to the State
Board | ||||||
8 | of Education, and an amount equal to such reduction shall be | ||||||
9 | paid
to the Authority created for such district for its | ||||||
10 | operating expenses in
the manner provided in Section 18-11. The | ||||||
11 | remainder
of general State school aid for any such district | ||||||
12 | shall be paid in accordance
with Article 34A when that Article | ||||||
13 | provides for a disposition other than that
provided by this | ||||||
14 | Article.
| ||||||
15 | (2) (Blank).
| ||||||
16 | (3) Summer school. Summer school payments shall be made as | ||||||
17 | provided in
Section 18-4.3.
| ||||||
18 | (M) Education Funding Advisory Board.
| ||||||
19 | The Education Funding Advisory
Board, hereinafter in this | ||||||
20 | subsection (M) referred to as the "Board", is hereby
created. | ||||||
21 | The Board
shall consist of 5 members who are appointed by the | ||||||
22 | Governor, by and with the
advice and consent of the Senate. The | ||||||
23 | members appointed shall include
representatives of education, | ||||||
24 | business, and the general public. One of the
members so |
| |||||||
| |||||||
1 | appointed shall be
designated by the Governor at the time the | ||||||
2 | appointment is made as the
chairperson of the
Board.
The | ||||||
3 | initial members of the Board may
be appointed any time after | ||||||
4 | the effective date of this amendatory Act of
1997. The regular | ||||||
5 | term of each member of the
Board shall be for 4 years from the | ||||||
6 | third Monday of January of the
year in which the term of the | ||||||
7 | member's appointment is to commence, except that
of the 5 | ||||||
8 | initial members appointed to serve on the
Board, the member who | ||||||
9 | is appointed as the chairperson shall serve for
a term that | ||||||
10 | commences on the date of his or her appointment and expires on | ||||||
11 | the
third Monday of January, 2002, and the remaining 4 members, | ||||||
12 | by lots drawn at
the first meeting of the Board that is
held
| ||||||
13 | after all 5 members are appointed, shall determine 2 of their | ||||||
14 | number to serve
for terms that commence on the date of their
| ||||||
15 | respective appointments and expire on the third
Monday of | ||||||
16 | January, 2001,
and 2 of their number to serve for terms that | ||||||
17 | commence
on the date of their respective appointments and | ||||||
18 | expire on the third Monday
of January, 2000. All members | ||||||
19 | appointed to serve on the
Board shall serve until their | ||||||
20 | respective successors are
appointed and confirmed. Vacancies | ||||||
21 | shall be filled in the same manner as
original appointments. If | ||||||
22 | a vacancy in membership occurs at a time when the
Senate is not | ||||||
23 | in session, the Governor shall make a temporary appointment | ||||||
24 | until
the next meeting of the Senate, when he or she shall | ||||||
25 | appoint, by and with the
advice and consent of the Senate, a | ||||||
26 | person to fill that membership for the
unexpired term. If the |
| |||||||
| |||||||
1 | Senate is not in session when the initial appointments
are | ||||||
2 | made, those appointments shall
be made as in the case of | ||||||
3 | vacancies.
| ||||||
4 | The Education Funding Advisory Board shall be deemed | ||||||
5 | established,
and the initial
members appointed by the Governor | ||||||
6 | to serve as members of the
Board shall take office,
on the date | ||||||
7 | that the
Governor makes his or her appointment of the fifth | ||||||
8 | initial member of the
Board, whether those initial members are | ||||||
9 | then serving
pursuant to appointment and confirmation or | ||||||
10 | pursuant to temporary appointments
that are made by the | ||||||
11 | Governor as in the case of vacancies.
| ||||||
12 | The State Board of Education shall provide such staff | ||||||
13 | assistance to the
Education Funding Advisory Board as is | ||||||
14 | reasonably required for the proper
performance by the Board of | ||||||
15 | its responsibilities.
| ||||||
16 | For school years after the 2000-2001 school year, the | ||||||
17 | Education
Funding Advisory Board, in consultation with the | ||||||
18 | State Board of Education,
shall make recommendations as | ||||||
19 | provided in this subsection (M) to the General
Assembly for the | ||||||
20 | foundation level under subdivision (B)(3) of this Section and
| ||||||
21 | for the
supplemental general State aid grant level under | ||||||
22 | subsection (H) of this Section
for districts with high | ||||||
23 | concentrations of children from poverty. The
recommended | ||||||
24 | foundation level shall be determined based on a methodology | ||||||
25 | which
incorporates the basic education expenditures of | ||||||
26 | low-spending schools
exhibiting high academic performance. The |
| |||||||
| |||||||
1 | Education Funding Advisory Board
shall make such | ||||||
2 | recommendations to the General Assembly on January 1 of odd
| ||||||
3 | numbered years, beginning January 1, 2001.
| ||||||
4 | (N) (Blank).
| ||||||
5 | (O) References.
| ||||||
6 | (1) References in other laws to the various subdivisions of
| ||||||
7 | Section 18-8 as that Section existed before its repeal and | ||||||
8 | replacement by this
Section 18-8.05 shall be deemed to refer to | ||||||
9 | the corresponding provisions of
this Section 18-8.05, to the | ||||||
10 | extent that those references remain applicable.
| ||||||
11 | (2) References in other laws to State Chapter 1 funds shall | ||||||
12 | be deemed to
refer to the supplemental general State aid | ||||||
13 | provided under subsection (H) of
this Section.
| ||||||
14 | (P) Public Act 93-838 and Public Act 93-808 make inconsistent | ||||||
15 | changes to this Section. Under Section 6 of the Statute on | ||||||
16 | Statutes there is an irreconcilable conflict between Public Act | ||||||
17 | 93-808 and Public Act 93-838. Public Act 93-838, being the last | ||||||
18 | acted upon, is controlling. The text of Public Act 93-838 is | ||||||
19 | the law regardless of the text of Public Act 93-808. | ||||||
20 | (Source: P.A. 93-21, eff. 7-1-03; 93-715, eff. 7-12-04; 93-808, | ||||||
21 | eff. 7-26-04; 93-838, eff. 7-30-04; 93-875, eff. 8-6-04; 94-69, | ||||||
22 | eff. 7-1-05; 94-438, eff. 8-4-05; 94-835, eff. 6-6-06; 94-1019, | ||||||
23 | eff. 7-10-06; revised 8-3-06.)
|
| |||||||
| |||||||
1 | (105 ILCS 5/19-1) (from Ch. 122, par. 19-1)
| ||||||
2 | Sec. 19-1. Debt limitations of school districts.
| ||||||
3 | (a) School districts shall not be subject to the provisions | ||||||
4 | limiting their
indebtedness prescribed in "An Act to limit the | ||||||
5 | indebtedness of counties having
a population of less than | ||||||
6 | 500,000 and townships, school districts and other
municipal | ||||||
7 | corporations having a population of less than 300,000", | ||||||
8 | approved
February 15, 1928, as amended.
| ||||||
9 | No school districts maintaining grades K through 8 or 9 | ||||||
10 | through 12
shall become indebted in any manner or for any | ||||||
11 | purpose to an amount,
including existing indebtedness, in the | ||||||
12 | aggregate exceeding 6.9% on the
value of the taxable property | ||||||
13 | therein to be ascertained by the last assessment
for State and | ||||||
14 | county taxes or, until January 1, 1983, if greater, the sum | ||||||
15 | that
is produced by multiplying the school district's 1978 | ||||||
16 | equalized assessed
valuation by the debt limitation percentage | ||||||
17 | in effect on January 1, 1979,
previous to the incurring of such | ||||||
18 | indebtedness.
| ||||||
19 | No school districts maintaining grades K through 12 shall | ||||||
20 | become
indebted in any manner or for any purpose to an amount, | ||||||
21 | including
existing indebtedness, in the aggregate exceeding | ||||||
22 | 13.8% on the value of
the taxable property therein to be | ||||||
23 | ascertained by the last assessment
for State and county taxes | ||||||
24 | or, until January 1, 1983, if greater, the sum that
is produced | ||||||
25 | by multiplying the school district's 1978 equalized assessed
|
| |||||||
| |||||||
1 | valuation by the debt limitation percentage in effect on | ||||||
2 | January 1, 1979,
previous to the incurring of such | ||||||
3 | indebtedness.
| ||||||
4 | No partial elementary unit district, as defined in Article | ||||||
5 | 11E of this Code, shall become indebted in any manner or for | ||||||
6 | any purpose in an amount, including existing indebtedness, in | ||||||
7 | the aggregate exceeding 6.9% of the value of the taxable | ||||||
8 | property of the entire district, to be ascertained by the last | ||||||
9 | assessment for State and county taxes, plus an amount, | ||||||
10 | including existing indebtedness, in the aggregate exceeding | ||||||
11 | 6.9% of the value of the taxable property of that portion of | ||||||
12 | the district included in the elementary and high school | ||||||
13 | classification, to be ascertained by the last assessment for | ||||||
14 | State and county taxes. Moreover, no partial elementary unit | ||||||
15 | district, as defined in Article 11E of this Code, shall become | ||||||
16 | indebted on account of bonds issued by the district for high | ||||||
17 | school purposes in the aggregate exceeding 6.9% of the value of | ||||||
18 | the taxable property of the entire district, to be ascertained | ||||||
19 | by the last assessment for State and county taxes, nor shall | ||||||
20 | the district become indebted on account of bonds issued by the | ||||||
21 | district for elementary purposes in the aggregate exceeding | ||||||
22 | 6.9% of the value of the taxable property for that portion of | ||||||
23 | the district included in the elementary and high school | ||||||
24 | classification, to be ascertained by the last assessment for | ||||||
25 | State and county taxes.
| ||||||
26 | Notwithstanding the provisions of any other law to the |
| |||||||
| |||||||
1 | contrary, in any
case in which the voters of a school district | ||||||
2 | have approved a proposition
for the issuance of bonds of such | ||||||
3 | school district at an election held prior
to January 1, 1979, | ||||||
4 | and all of the bonds approved at such election have
not been | ||||||
5 | issued, the debt limitation applicable to such school district
| ||||||
6 | during the calendar year 1979 shall be computed by multiplying | ||||||
7 | the value
of taxable property therein, including personal | ||||||
8 | property, as ascertained
by the last assessment for State and | ||||||
9 | county taxes, previous to the incurring
of such indebtedness, | ||||||
10 | by the percentage limitation applicable to such school
district | ||||||
11 | under the provisions of this subsection (a).
| ||||||
12 | (b) Notwithstanding the debt limitation prescribed in | ||||||
13 | subsection (a)
of this Section, additional indebtedness may be | ||||||
14 | incurred in an amount
not to exceed the estimated cost of | ||||||
15 | acquiring or improving school sites
or constructing and | ||||||
16 | equipping additional building facilities under the
following | ||||||
17 | conditions:
| ||||||
18 | (1) Whenever the enrollment of students for the next | ||||||
19 | school year is
estimated by the board of education to | ||||||
20 | increase over the actual present
enrollment by not less | ||||||
21 | than 35% or by not less than 200 students or the
actual | ||||||
22 | present enrollment of students has increased over the | ||||||
23 | previous
school year by not less than 35% or by not less | ||||||
24 | than 200 students and
the board of education determines | ||||||
25 | that additional school sites or
building facilities are | ||||||
26 | required as a result of such increase in
enrollment; and
|
| |||||||
| |||||||
1 | (2) When the Regional Superintendent of Schools having | ||||||
2 | jurisdiction
over the school district and the State | ||||||
3 | Superintendent of Education
concur in such enrollment | ||||||
4 | projection or increase and approve the need
for such | ||||||
5 | additional school sites or building facilities and the
| ||||||
6 | estimated cost thereof; and
| ||||||
7 | (3) When the voters in the school district approve a | ||||||
8 | proposition for
the issuance of bonds for the purpose of | ||||||
9 | acquiring or improving such
needed school sites or | ||||||
10 | constructing and equipping such needed additional
building | ||||||
11 | facilities at an election called and held for that purpose.
| ||||||
12 | Notice of such an election shall state that the amount of | ||||||
13 | indebtedness
proposed to be incurred would exceed the debt | ||||||
14 | limitation otherwise
applicable to the school district. | ||||||
15 | The ballot for such proposition
shall state what percentage | ||||||
16 | of the equalized assessed valuation will be
outstanding in | ||||||
17 | bonds if the proposed issuance of bonds is approved by
the | ||||||
18 | voters; or
| ||||||
19 | (4) Notwithstanding the provisions of paragraphs (1) | ||||||
20 | through (3) of
this subsection (b), if the school board | ||||||
21 | determines that additional
facilities are needed to | ||||||
22 | provide a quality educational program and not
less than 2/3 | ||||||
23 | of those voting in an election called by the school board
| ||||||
24 | on the question approve the issuance of bonds for the | ||||||
25 | construction of
such facilities, the school district may | ||||||
26 | issue bonds for this
purpose; or
|
| |||||||
| |||||||
1 | (5) Notwithstanding the provisions of paragraphs (1) | ||||||
2 | through (3) of this
subsection (b), if (i) the school | ||||||
3 | district has previously availed itself of the
provisions of | ||||||
4 | paragraph (4) of this subsection (b) to enable it to issue | ||||||
5 | bonds,
(ii) the voters of the school district have not | ||||||
6 | defeated a proposition for the
issuance of bonds since the | ||||||
7 | referendum described in paragraph (4) of this
subsection | ||||||
8 | (b) was held, (iii) the school board determines that | ||||||
9 | additional
facilities are needed to provide a quality | ||||||
10 | educational program, and (iv) a
majority of those voting in | ||||||
11 | an election called by the school board on the
question | ||||||
12 | approve the issuance of bonds for the construction of such | ||||||
13 | facilities,
the school district may issue bonds for this | ||||||
14 | purpose.
| ||||||
15 | In no event shall the indebtedness incurred pursuant to | ||||||
16 | this
subsection (b) and the existing indebtedness of the school | ||||||
17 | district
exceed 15% of the value of the taxable property | ||||||
18 | therein to be
ascertained by the last assessment for State and | ||||||
19 | county taxes, previous
to the incurring of such indebtedness | ||||||
20 | or, until January 1, 1983, if greater,
the sum that is produced | ||||||
21 | by multiplying the school district's 1978 equalized
assessed | ||||||
22 | valuation by the debt limitation percentage in effect on | ||||||
23 | January 1,
1979.
| ||||||
24 | The indebtedness provided for by this subsection (b) shall | ||||||
25 | be in
addition to and in excess of any other debt limitation.
| ||||||
26 | (c) Notwithstanding the debt limitation prescribed in |
| |||||||
| |||||||
1 | subsection (a)
of this Section, in any case in which a public | ||||||
2 | question for the issuance
of bonds of a proposed school | ||||||
3 | district maintaining grades kindergarten
through 12 received | ||||||
4 | at least 60% of the valid ballots cast on the question at
an | ||||||
5 | election held on or prior to November 8, 1994, and in which the | ||||||
6 | bonds
approved at such election have not been issued, the | ||||||
7 | school district pursuant to
the requirements of Section 11A-10 | ||||||
8 | (now repealed) may issue the total amount of bonds approved
at | ||||||
9 | such election for the purpose stated in the question.
| ||||||
10 | (d) Notwithstanding the debt limitation prescribed in | ||||||
11 | subsection (a)
of this Section, a school district that meets | ||||||
12 | all the criteria set forth in
paragraphs (1) and (2) of this | ||||||
13 | subsection (d) may incur an additional
indebtedness in an | ||||||
14 | amount not to exceed $4,500,000, even though the amount of
the | ||||||
15 | additional indebtedness authorized by this subsection (d), | ||||||
16 | when incurred
and added to the aggregate amount of indebtedness | ||||||
17 | of the district existing
immediately prior to the district | ||||||
18 | incurring the additional indebtedness
authorized by this | ||||||
19 | subsection (d), causes the aggregate indebtedness of the
| ||||||
20 | district to exceed the debt limitation otherwise applicable to | ||||||
21 | that district
under subsection (a):
| ||||||
22 | (1) The additional indebtedness authorized by this | ||||||
23 | subsection (d) is
incurred by the school district through | ||||||
24 | the issuance of bonds under and in
accordance with Section | ||||||
25 | 17-2.11a for the purpose of replacing a school
building | ||||||
26 | which, because of mine subsidence damage, has been closed |
| |||||||
| |||||||
1 | as provided
in paragraph (2) of this subsection (d) or | ||||||
2 | through the issuance of bonds under
and in accordance with | ||||||
3 | Section 19-3 for the purpose of increasing the size of,
or | ||||||
4 | providing for additional functions in, such replacement | ||||||
5 | school buildings, or
both such purposes.
| ||||||
6 | (2) The bonds issued by the school district as provided | ||||||
7 | in paragraph (1)
above are issued for the purposes of | ||||||
8 | construction by the school district of
a new school | ||||||
9 | building pursuant to Section 17-2.11, to replace an | ||||||
10 | existing
school building that, because of mine subsidence | ||||||
11 | damage, is closed as of the
end of the 1992-93 school year | ||||||
12 | pursuant to action of the regional
superintendent of | ||||||
13 | schools of the educational service region in which the
| ||||||
14 | district is located under Section 3-14.22 or are issued for | ||||||
15 | the purpose of
increasing the size of, or providing for | ||||||
16 | additional functions in, the new
school building being | ||||||
17 | constructed to replace a school building closed as the
| ||||||
18 | result of mine subsidence damage, or both such purposes.
| ||||||
19 | (e) (Blank).
| ||||||
20 | (f) Notwithstanding the provisions of subsection (a) of | ||||||
21 | this Section or of
any other law, bonds in not to exceed the | ||||||
22 | aggregate amount of $5,500,000 and
issued by a school district | ||||||
23 | meeting the following criteria shall not be
considered | ||||||
24 | indebtedness for purposes of any statutory limitation and may | ||||||
25 | be
issued in an amount or amounts, including existing | ||||||
26 | indebtedness, in excess of
any heretofore or hereafter imposed |
| |||||||
| |||||||
1 | statutory limitation as to indebtedness:
| ||||||
2 | (1) At the time of the sale of such bonds, the board of | ||||||
3 | education of the
district shall have determined by | ||||||
4 | resolution that the enrollment of students in
the district | ||||||
5 | is projected to increase by not less than 7% during each of | ||||||
6 | the
next succeeding 2 school years.
| ||||||
7 | (2) The board of education shall also determine by | ||||||
8 | resolution that the
improvements to be financed with the | ||||||
9 | proceeds of the bonds are needed because
of the projected | ||||||
10 | enrollment increases.
| ||||||
11 | (3) The board of education shall also determine by | ||||||
12 | resolution that the
projected increases in enrollment are | ||||||
13 | the result of improvements made or
expected to be made to | ||||||
14 | passenger rail facilities located in the school
district.
| ||||||
15 | Notwithstanding the provisions of subsection (a) of this | ||||||
16 | Section or of any other law, a school district that has availed | ||||||
17 | itself of the provisions of this subsection (f) prior to July | ||||||
18 | 22, 2004 (the effective date of Public Act 93-799) may also | ||||||
19 | issue bonds approved by referendum up to an amount, including | ||||||
20 | existing indebtedness, not exceeding 25% of the equalized | ||||||
21 | assessed value of the taxable property in the district if all | ||||||
22 | of the conditions set forth in items (1), (2), and (3) of this | ||||||
23 | subsection (f) are met.
| ||||||
24 | (g) Notwithstanding the provisions of subsection (a) of | ||||||
25 | this Section or any
other law, bonds in not to exceed an | ||||||
26 | aggregate amount of 25% of the equalized
assessed value of the |
| |||||||
| |||||||
1 | taxable property of a school district and issued by a
school | ||||||
2 | district meeting the criteria in paragraphs (i) through (iv) of | ||||||
3 | this
subsection shall not be considered indebtedness for | ||||||
4 | purposes of any statutory
limitation and may be issued pursuant | ||||||
5 | to resolution of the school board in an
amount or amounts, | ||||||
6 | including existing indebtedness, in
excess of any statutory | ||||||
7 | limitation of indebtedness heretofore or hereafter
imposed:
| ||||||
8 | (i) The bonds are issued for the purpose of | ||||||
9 | constructing a new high school
building to replace two | ||||||
10 | adjacent existing buildings which together house a
single | ||||||
11 | high school, each of which is more than 65 years old, and | ||||||
12 | which together
are located on more than 10 acres and less | ||||||
13 | than 11 acres of property.
| ||||||
14 | (ii) At the time the resolution authorizing the | ||||||
15 | issuance of the bonds is
adopted, the cost of constructing | ||||||
16 | a new school building to replace the existing
school | ||||||
17 | building is less than 60% of the cost of repairing the | ||||||
18 | existing school
building.
| ||||||
19 | (iii) The sale of the bonds occurs before July 1, 1997.
| ||||||
20 | (iv) The school district issuing the bonds is a unit | ||||||
21 | school district
located in a county of less than 70,000 and | ||||||
22 | more than 50,000 inhabitants,
which has an average daily | ||||||
23 | attendance of less than 1,500 and an equalized
assessed | ||||||
24 | valuation of less than $29,000,000.
| ||||||
25 | (h) Notwithstanding any other provisions of this Section or | ||||||
26 | the
provisions of any other law, until January 1, 1998, a |
| |||||||
| |||||||
1 | community unit school
district maintaining grades K through 12 | ||||||
2 | may issue bonds up to an amount,
including existing | ||||||
3 | indebtedness, not exceeding 27.6% of the equalized assessed
| ||||||
4 | value of the taxable property in the district, if all of the | ||||||
5 | following
conditions are met:
| ||||||
6 | (i) The school district has an equalized assessed | ||||||
7 | valuation for calendar
year 1995 of less than $24,000,000;
| ||||||
8 | (ii) The bonds are issued for the capital improvement, | ||||||
9 | renovation,
rehabilitation, or replacement of existing | ||||||
10 | school buildings of the district,
all of which buildings | ||||||
11 | were originally constructed not less than 40 years ago;
| ||||||
12 | (iii) The voters of the district approve a proposition | ||||||
13 | for the issuance of
the bonds at a referendum held after | ||||||
14 | March 19, 1996; and
| ||||||
15 | (iv) The bonds are issued pursuant to Sections 19-2 | ||||||
16 | through 19-7 of this
Code.
| ||||||
17 | (i) Notwithstanding any other provisions of this Section or | ||||||
18 | the provisions
of any other law, until January 1, 1998, a | ||||||
19 | community unit school district
maintaining grades K through 12 | ||||||
20 | may issue bonds up to an amount, including
existing | ||||||
21 | indebtedness, not exceeding 27% of the equalized assessed value | ||||||
22 | of the
taxable property in the district, if all of the | ||||||
23 | following conditions are met:
| ||||||
24 | (i) The school district has an equalized assessed | ||||||
25 | valuation for calendar
year 1995 of less than $44,600,000;
| ||||||
26 | (ii) The bonds are issued for the capital improvement, |
| |||||||
| |||||||
1 | renovation,
rehabilitation, or replacement
of existing | ||||||
2 | school buildings of the district, all of which
existing | ||||||
3 | buildings were originally constructed not less than 80 | ||||||
4 | years ago;
| ||||||
5 | (iii) The voters of the district approve a proposition | ||||||
6 | for the issuance of
the bonds at a referendum held after | ||||||
7 | December 31, 1996; and
| ||||||
8 | (iv) The bonds are issued pursuant to Sections 19-2 | ||||||
9 | through 19-7 of this
Code.
| ||||||
10 | (j) Notwithstanding any other provisions of this Section or | ||||||
11 | the
provisions of any other law, until January 1, 1999, a | ||||||
12 | community unit school
district maintaining grades K through 12 | ||||||
13 | may issue bonds up to an amount,
including existing | ||||||
14 | indebtedness, not exceeding 27% of the equalized assessed
value | ||||||
15 | of the taxable property in the district if all of the following
| ||||||
16 | conditions are met:
| ||||||
17 | (i) The school district has an equalized assessed | ||||||
18 | valuation for calendar
year 1995 of less than $140,000,000 | ||||||
19 | and a best 3 months
average daily
attendance for the | ||||||
20 | 1995-96 school year of at least 2,800;
| ||||||
21 | (ii) The bonds are issued to purchase a site and build | ||||||
22 | and equip a new
high school, and the school district's | ||||||
23 | existing high school was originally
constructed not less | ||||||
24 | than 35
years prior to the sale of the bonds;
| ||||||
25 | (iii) At the time of the sale of the bonds, the board | ||||||
26 | of education
determines
by resolution that a new high |
| |||||||
| |||||||
1 | school is needed because of projected enrollment
| ||||||
2 | increases;
| ||||||
3 | (iv) At least 60% of those voting in an election held
| ||||||
4 | after December 31, 1996 approve a proposition
for the | ||||||
5 | issuance of
the bonds; and
| ||||||
6 | (v) The bonds are issued pursuant to Sections 19-2 | ||||||
7 | through
19-7 of this Code.
| ||||||
8 | (k) Notwithstanding the debt limitation prescribed in | ||||||
9 | subsection (a) of
this Section, a school district that meets | ||||||
10 | all the criteria set forth in
paragraphs (1) through (4) of | ||||||
11 | this subsection (k) may issue bonds to incur an
additional | ||||||
12 | indebtedness in an amount not to exceed $4,000,000 even though | ||||||
13 | the
amount of the additional indebtedness authorized by this | ||||||
14 | subsection (k), when
incurred and added to the aggregate amount | ||||||
15 | of indebtedness of the school
district existing immediately | ||||||
16 | prior to the school district incurring such
additional | ||||||
17 | indebtedness, causes the aggregate indebtedness of the school
| ||||||
18 | district to exceed or increases the amount by which the | ||||||
19 | aggregate indebtedness
of the district already exceeds the debt | ||||||
20 | limitation otherwise applicable to
that school district under | ||||||
21 | subsection (a):
| ||||||
22 | (1) the school district is located in 2 counties, and a | ||||||
23 | referendum to
authorize the additional indebtedness was | ||||||
24 | approved by a majority of the voters
of the school district | ||||||
25 | voting on the proposition to authorize that
indebtedness;
| ||||||
26 | (2) the additional indebtedness is for the purpose of |
| |||||||
| |||||||
1 | financing a
multi-purpose room addition to the existing | ||||||
2 | high school;
| ||||||
3 | (3) the additional indebtedness, together with the | ||||||
4 | existing indebtedness
of the school district, shall not | ||||||
5 | exceed 17.4% of the value of the taxable
property in the | ||||||
6 | school district, to be ascertained by the last assessment | ||||||
7 | for
State and county taxes; and
| ||||||
8 | (4) the bonds evidencing the additional indebtedness | ||||||
9 | are issued, if at
all, within 120 days of the effective | ||||||
10 | date of this amendatory Act of 1998.
| ||||||
11 | (l) Notwithstanding any other provisions of this Section or | ||||||
12 | the
provisions of any other law, until January 1, 2000, a | ||||||
13 | school district
maintaining grades kindergarten through 8 may | ||||||
14 | issue bonds up to an amount,
including existing indebtedness, | ||||||
15 | not exceeding 15% of the equalized assessed
value of the | ||||||
16 | taxable property in the district if all of the following
| ||||||
17 | conditions are met:
| ||||||
18 | (i) the district has an equalized assessed valuation | ||||||
19 | for calendar year
1996 of less than $10,000,000;
| ||||||
20 | (ii) the bonds are issued for capital improvement, | ||||||
21 | renovation,
rehabilitation, or replacement of one or more | ||||||
22 | school buildings of the district,
which buildings were | ||||||
23 | originally constructed not less than 70 years ago;
| ||||||
24 | (iii) the voters of the district approve a proposition | ||||||
25 | for the issuance of
the bonds at a referendum held on or | ||||||
26 | after March 17, 1998; and
|
| |||||||
| |||||||
1 | (iv) the bonds are issued pursuant to Sections 19-2 | ||||||
2 | through 19-7 of this
Code.
| ||||||
3 | (m) Notwithstanding any other provisions of this Section or | ||||||
4 | the provisions
of
any other law, until January 1, 1999, an | ||||||
5 | elementary school district maintaining
grades K through 8 may | ||||||
6 | issue bonds up to an amount, excluding existing
indebtedness, | ||||||
7 | not exceeding 18% of the equalized assessed value of the | ||||||
8 | taxable
property in the district, if all of the following | ||||||
9 | conditions are met:
| ||||||
10 | (i) The school district has an equalized assessed | ||||||
11 | valuation for calendar
year 1995 or less than $7,700,000;
| ||||||
12 | (ii) The school district operates 2 elementary | ||||||
13 | attendance centers that
until
1976 were operated as the | ||||||
14 | attendance centers of 2 separate and distinct school
| ||||||
15 | districts;
| ||||||
16 | (iii) The bonds are issued for the construction of a | ||||||
17 | new elementary school
building to replace an existing | ||||||
18 | multi-level elementary school building of the
school | ||||||
19 | district that is not handicapped accessible at all levels | ||||||
20 | and parts of
which were constructed more than 75 years ago;
| ||||||
21 | (iv) The voters of the school district approve a | ||||||
22 | proposition for the
issuance of the bonds at a referendum | ||||||
23 | held after July 1, 1998; and
| ||||||
24 | (v) The bonds are issued pursuant to Sections 19-2 | ||||||
25 | through 19-7 of this
Code.
| ||||||
26 | (n) Notwithstanding the debt limitation prescribed in |
| |||||||
| |||||||
1 | subsection (a) of
this Section or any other provisions of this | ||||||
2 | Section or of any other law, a
school district that meets all | ||||||
3 | of the criteria set forth in paragraphs (i)
through (vi) of | ||||||
4 | this subsection (n) may incur additional indebtedness by the
| ||||||
5 | issuance of bonds in an amount not exceeding the amount | ||||||
6 | certified by the
Capital Development Board to the school | ||||||
7 | district as provided in paragraph (iii)
of
this subsection (n), | ||||||
8 | even though the amount of the additional indebtedness so
| ||||||
9 | authorized, when incurred and added to the aggregate amount of | ||||||
10 | indebtedness of
the district existing immediately prior to the | ||||||
11 | district incurring the
additional indebtedness authorized by | ||||||
12 | this subsection (n), causes the aggregate
indebtedness of the | ||||||
13 | district to exceed the debt limitation otherwise applicable
by | ||||||
14 | law to that district:
| ||||||
15 | (i) The school district applies to the State Board of | ||||||
16 | Education for a
school construction project grant and | ||||||
17 | submits a district facilities plan in
support
of its | ||||||
18 | application pursuant to Section 5-20 of
the School | ||||||
19 | Construction Law.
| ||||||
20 | (ii) The school district's application and facilities | ||||||
21 | plan are approved
by,
and the district receives a grant | ||||||
22 | entitlement for a school construction project
issued by, | ||||||
23 | the State Board of Education under the School Construction | ||||||
24 | Law.
| ||||||
25 | (iii) The school district has exhausted its bonding | ||||||
26 | capacity or the unused
bonding capacity of the district is |
| |||||||
| |||||||
1 | less than the amount certified by the
Capital Development | ||||||
2 | Board to the district under Section 5-15 of the School
| ||||||
3 | Construction Law as the dollar amount of the school | ||||||
4 | construction project's cost
that the district will be | ||||||
5 | required to finance with non-grant funds in order to
| ||||||
6 | receive a school construction project grant under the | ||||||
7 | School Construction Law.
| ||||||
8 | (iv) The bonds are issued for a "school construction | ||||||
9 | project", as that
term is defined in Section 5-5 of the | ||||||
10 | School Construction Law, in an amount
that does not exceed | ||||||
11 | the dollar amount certified, as provided in paragraph
(iii) | ||||||
12 | of this subsection (n), by the Capital Development Board
to | ||||||
13 | the school
district under Section 5-15 of the School | ||||||
14 | Construction Law.
| ||||||
15 | (v) The voters of the district approve a proposition | ||||||
16 | for the issuance of
the bonds at a referendum held after | ||||||
17 | the criteria specified in paragraphs (i)
and (iii) of this | ||||||
18 | subsection (n) are met.
| ||||||
19 | (vi) The bonds are issued pursuant to Sections 19-2 | ||||||
20 | through 19-7 of the
School Code.
| ||||||
21 | (o) Notwithstanding any other provisions of this Section or | ||||||
22 | the
provisions of any other law, until November 1, 2007, a | ||||||
23 | community unit
school district maintaining grades K through 12 | ||||||
24 | may issue bonds up to
an amount, including existing | ||||||
25 | indebtedness, not exceeding 20% of the
equalized assessed value | ||||||
26 | of the taxable property in the district if all of the
following |
| |||||||
| |||||||
1 | conditions are met:
| ||||||
2 | (i) the school district has an equalized assessed | ||||||
3 | valuation
for calendar year 2001 of at least $737,000,000 | ||||||
4 | and an enrollment
for the 2002-2003 school year of at least | ||||||
5 | 8,500;
| ||||||
6 | (ii) the bonds are issued to purchase school sites, | ||||||
7 | build and
equip a new high school, build and equip a new | ||||||
8 | junior high school,
build and equip 5 new elementary | ||||||
9 | schools, and make technology
and other improvements and | ||||||
10 | additions to existing schools;
| ||||||
11 | (iii) at the time of the sale of the bonds, the board | ||||||
12 | of
education determines by resolution that the sites and | ||||||
13 | new or
improved facilities are needed because of projected | ||||||
14 | enrollment
increases;
| ||||||
15 | (iv) at least 57% of those voting in a general election | ||||||
16 | held
prior to January 1, 2003 approved a proposition for | ||||||
17 | the issuance of
the bonds; and
| ||||||
18 | (v) the bonds are issued pursuant to Sections 19-2 | ||||||
19 | through
19-7 of this Code.
| ||||||
20 | (p) Notwithstanding any other provisions of this Section or | ||||||
21 | the provisions of any other law, a community unit school | ||||||
22 | district maintaining grades K through 12 may issue bonds up to | ||||||
23 | an amount, including indebtedness, not exceeding 27% of the | ||||||
24 | equalized assessed value of the taxable property in the | ||||||
25 | district if all of the following conditions are met: | ||||||
26 | (i) The school district has an equalized assessed |
| |||||||
| |||||||
1 | valuation for calendar year 2001 of at least $295,741,187 | ||||||
2 | and a best 3 months' average daily attendance for the | ||||||
3 | 2002-2003 school year of at least 2,394. | ||||||
4 | (ii) The bonds are issued to build and equip 3 | ||||||
5 | elementary school buildings; build and equip one middle | ||||||
6 | school building; and alter, repair, improve, and equip all | ||||||
7 | existing school buildings in the district. | ||||||
8 | (iii) At the time of the sale of the bonds, the board | ||||||
9 | of education determines by resolution that the project is | ||||||
10 | needed because of expanding growth in the school district | ||||||
11 | and a projected enrollment increase. | ||||||
12 | (iv) The bonds are issued pursuant to Sections 19-2 | ||||||
13 | through 19-7 of this Code.
| ||||||
14 | (p-5) Notwithstanding any other provisions of this Section | ||||||
15 | or the provisions of any other law, bonds issued by a community | ||||||
16 | unit school district maintaining grades K through 12 shall not | ||||||
17 | be considered indebtedness for purposes of any statutory | ||||||
18 | limitation and may be issued in an amount or amounts, including | ||||||
19 | existing indebtedness, in excess of any heretofore or hereafter | ||||||
20 | imposed statutory limitation as to indebtedness, if all of the | ||||||
21 | following conditions are met: | ||||||
22 | (i) For each of the 4 most recent years, residential | ||||||
23 | property comprises more than 80% of the equalized assessed | ||||||
24 | valuation of the district. | ||||||
25 | (ii) At least 2 school buildings that were constructed | ||||||
26 | 40 or more years prior to the issuance of the bonds will be |
| |||||||
| |||||||
1 | demolished and will be replaced by new buildings or | ||||||
2 | additions to one or more existing buildings. | ||||||
3 | (iii) Voters of the district approve a proposition for | ||||||
4 | the issuance of the bonds at a regularly scheduled | ||||||
5 | election. | ||||||
6 | (iv) At the time of the sale of the bonds, the school | ||||||
7 | board determines by resolution that the new buildings or | ||||||
8 | building additions are needed because of an increase in | ||||||
9 | enrollment projected by the school board. | ||||||
10 | (v) The principal amount of the bonds, including | ||||||
11 | existing indebtedness, does not exceed 25% of the equalized | ||||||
12 | assessed value of the taxable property in the district. | ||||||
13 | (vi) The bonds are issued prior to January 1, 2007, | ||||||
14 | pursuant to Sections 19-2 through 19-7 of this Code.
| ||||||
15 | (p-10) Notwithstanding any other provisions of this | ||||||
16 | Section or the provisions of any other law, bonds issued by a | ||||||
17 | community consolidated school district maintaining grades K | ||||||
18 | through 8 shall not be considered indebtedness for purposes of | ||||||
19 | any statutory limitation and may be issued in an amount or | ||||||
20 | amounts, including existing indebtedness, in excess of any | ||||||
21 | heretofore or hereafter imposed statutory limitation as to | ||||||
22 | indebtedness, if all of the following conditions are met: | ||||||
23 | (i) For each of the 4 most recent years, residential | ||||||
24 | and farm property comprises more than 80% of the equalized | ||||||
25 | assessed valuation of the district. | ||||||
26 | (ii) The bond proceeds are to be used to acquire and |
| |||||||
| |||||||
1 | improve school sites and build and equip a school building. | ||||||
2 | (iii) Voters of the district approve a proposition for | ||||||
3 | the issuance of the bonds at a regularly scheduled | ||||||
4 | election. | ||||||
5 | (iv) At the time of the sale of the bonds, the school | ||||||
6 | board determines by resolution that the school sites and | ||||||
7 | building additions are needed because of an increase in | ||||||
8 | enrollment projected by the school board. | ||||||
9 | (v) The principal amount of the bonds, including | ||||||
10 | existing indebtedness, does not exceed 20% of the equalized | ||||||
11 | assessed value of the taxable property in the district. | ||||||
12 | (vi) The bonds are issued prior to January 1, 2007, | ||||||
13 | pursuant to Sections 19-2 through 19-7 of this Code.
| ||||||
14 | (q) A school district must notify the State Board of | ||||||
15 | Education prior to issuing any form of long-term or short-term | ||||||
16 | debt that will result in outstanding debt that exceeds 75% of | ||||||
17 | the debt limit specified in this Section or any other provision | ||||||
18 | of law.
| ||||||
19 | (Source: P.A. 93-13, eff. 6-9-03; 93-799, eff. 7-22-04; | ||||||
20 | 93-1045, eff. 10-15-04; 94-234, eff. 7-1-06; 94-721, eff. | ||||||
21 | 1-6-06; 94-952, eff. 6-27-06; 94-1019, eff. 7-10-06; revised | ||||||
22 | 8-3-06.)
| ||||||
23 | (105 ILCS 5/21-1b) (from Ch. 122, par. 21-1b)
| ||||||
24 | Sec. 21-1b. Subject endorsement on certificates. All | ||||||
25 | certificates
initially issued under this Article after June 30, |
| |||||||
| |||||||
1 | 1986, shall be
specifically endorsed by the State Board of | ||||||
2 | Education for each subject the
holder of the certificate is | ||||||
3 | legally qualified to teach, such endorsements
to be made in | ||||||
4 | accordance with standards promulgated by the State Board of
| ||||||
5 | Education in consultation with the State Teacher Certification | ||||||
6 | Board. The regional superintendent of schools, however, has the | ||||||
7 | duty, after appropriate training, to accept and review all | ||||||
8 | transcripts for new initial certificate applications and | ||||||
9 | ensure that each applicant has met all of the criteria | ||||||
10 | established by the State Board of Education in consultation | ||||||
11 | with with the State Teacher Certification Board. All
| ||||||
12 | certificates which are issued under this Article prior to July | ||||||
13 | 1, 1986 may,
by application to the State Board of Education, be | ||||||
14 | specifically endorsed
for each subject the holder is legally | ||||||
15 | qualified to teach. Endorsements
issued under this Section | ||||||
16 | shall not apply to substitute teacher's
certificates issued | ||||||
17 | under Section 21-9 of this Code.
| ||||||
18 | Commencing July 1, 1999, each application for endorsement | ||||||
19 | of an existing
teaching certificate shall be accompanied by a | ||||||
20 | $30 nonrefundable fee. There is hereby created a Teacher | ||||||
21 | Certificate
Fee
Revolving Fund as a special fund within the | ||||||
22 | State Treasury. The proceeds of
each $30 fee shall be paid into | ||||||
23 | the Teacher
Certificate Fee Revolving
Fund; and the moneys in | ||||||
24 | that Fund shall be appropriated and used to provide the
| ||||||
25 | technology and other resources necessary for the timely and | ||||||
26 | efficient
processing of certification requests.
|
| |||||||
| |||||||
1 | The State Board of Education and each regional office of | ||||||
2 | education are authorized to charge a service or convenience fee | ||||||
3 | for the use of credit cards for the payment of certification | ||||||
4 | fees. This service or convenience fee may not exceed the amount | ||||||
5 | required by the credit card processing company or vendor that | ||||||
6 | has entered into a contract with the State Board or regional | ||||||
7 | office of education for this purpose, and the fee must be paid | ||||||
8 | to that company or vendor.
| ||||||
9 | (Source: P.A. 93-679, eff. 6-30-04; 93-1036, eff. 9-14-04; | ||||||
10 | revised 10-22-04.)
| ||||||
11 | (105 ILCS 5/21-12) (from Ch. 122, par. 21-12)
| ||||||
12 | Sec. 21-12. Printing; Seal; Signature; Credentials.
All | ||||||
13 | certificates shall be printed by and bear the signatures of the | ||||||
14 | chairman
and of the secretary of the State Teacher | ||||||
15 | Certification Board. Each
certificate shall show the | ||||||
16 | integrally printed seal of the State Teacher
Certification | ||||||
17 | Board. All college credentials offered as the basis
of a | ||||||
18 | certificate shall be presented to the secretary of the State
| ||||||
19 | Teacher Certification Board for inspection and approval. The | ||||||
20 | regional superintendent of schools, however, has the duty, | ||||||
21 | after appropriate training, to accept and review all | ||||||
22 | transcripts for new initial certificate applications and | ||||||
23 | ensure that each applicant has met all of the criteria | ||||||
24 | established by the State Board of Education in consultation | ||||||
25 | with the State Teacher Certification Board.
|
| |||||||
| |||||||
1 | Commencing July 1, 1999, each application for a certificate | ||||||
2 | or evaluation
of credentials shall be accompanied by an | ||||||
3 | evaluation fee of $30 payable to the
State Superintendent of | ||||||
4 | Education, which is not
refundable, except that no application | ||||||
5 | or evaluation fee shall be required
for a Master Certificate | ||||||
6 | issued pursuant to subsection (d) of Section 21-2 of
this Code. | ||||||
7 | The proceeds of each $30 fee shall be paid into the Teacher
| ||||||
8 | Certificate Fee Revolving Fund, created under Section 21-1b of | ||||||
9 | this Code;
and the moneys in that Fund shall be appropriated | ||||||
10 | and used to provide the
technology and other resources | ||||||
11 | necessary for the timely and efficient
processing of | ||||||
12 | certification requests.
| ||||||
13 | The State Board of Education and each regional office of | ||||||
14 | education are authorized to charge a service or convenience fee | ||||||
15 | for the use of credit cards for the payment of certification | ||||||
16 | fees. This service or convenience fee may not exceed the amount | ||||||
17 | required by the credit card processing company or vendor that | ||||||
18 | has entered into a contract with the State Board or regional | ||||||
19 | office of education for this purpose, and the fee must be paid | ||||||
20 | to that company or vendor.
| ||||||
21 | When evaluation verifies the requirements for a valid | ||||||
22 | certificate,
the applicant shall be issued an entitlement card | ||||||
23 | that may be presented
to a regional superintendent of schools | ||||||
24 | for issuance of a certificate.
| ||||||
25 | The applicant shall be notified of any deficiencies.
| ||||||
26 | (Source: P.A. 93-679, eff. 6-30-04; 93-1036, eff. 9-14-04; |
| |||||||
| |||||||
1 | revised 10-22-04.)
| ||||||
2 | (105 ILCS 5/21-14) (from Ch. 122, par. 21-14)
| ||||||
3 | Sec. 21-14. Registration and renewal of certificates.
| ||||||
4 | (a) A limited
four-year certificate or a certificate issued | ||||||
5 | after July 1, 1955, shall
be renewable at its expiration or | ||||||
6 | within 60 days thereafter by the
county superintendent of | ||||||
7 | schools having supervision and control over the
school where | ||||||
8 | the teacher is teaching upon certified evidence of meeting
the | ||||||
9 | requirements for renewal as required by this Act and prescribed | ||||||
10 | by
the State Board of Education in consultation with the State
| ||||||
11 | Teacher Certification Board. An elementary supervisory | ||||||
12 | certificate
shall not be renewed at the end of the first | ||||||
13 | four-year period covered by
the certificate unless the holder | ||||||
14 | thereof has filed certified evidence
with the State Teacher | ||||||
15 | Certification Board that he has a master's degree
or that he | ||||||
16 | has earned 8 semester hours of credit in the field of
| ||||||
17 | educational administration and supervision in a recognized | ||||||
18 | institution
of higher learning. The holder shall continue to | ||||||
19 | earn 8 semester hours
of credit each four-year period until | ||||||
20 | such time as he has earned a
master's degree.
| ||||||
21 | All certificates not renewed or registered as herein | ||||||
22 | provided shall
lapse after a period of 5 years from the | ||||||
23 | expiration of the last year
of
registration. Such certificates | ||||||
24 | may be reinstated for a one year period
upon payment of all | ||||||
25 | accumulated registration fees. Such reinstated
certificates |
| |||||||
| |||||||
1 | shall only be renewed: (1) by earning 5 semester hours of
| ||||||
2 | credit in a recognized institution of higher learning in the | ||||||
3 | field of
professional education or in courses related to the | ||||||
4 | holder's contractual
teaching duties; or (2) by presenting | ||||||
5 | evidence of holding a valid
regular certificate of some other | ||||||
6 | type. Any certificate may be
voluntarily surrendered by the | ||||||
7 | certificate holder. A voluntarily
surrendered certificate | ||||||
8 | shall be treated as a revoked certificate.
| ||||||
9 | (b) When those teaching certificates issued before | ||||||
10 | February 15, 2000 are
renewed for the first time after February | ||||||
11 | 15, 2000, all
such
teaching
certificates
shall be exchanged for | ||||||
12 | Standard Teaching Certificates as provided in subsection
(c) of | ||||||
13 | Section 21-2. All Initial and Standard Teaching Certificates, | ||||||
14 | including
those issued to persons who previously held teaching | ||||||
15 | certificates issued before
February 15, 2000, shall be | ||||||
16 | renewable under the conditions
set forth
in this
subsection | ||||||
17 | (b).
| ||||||
18 | Initial Teaching Certificates are valid for 4 years of | ||||||
19 | teaching, as provided in subsection (b) of Section 21-2 of this | ||||||
20 | Code, and are renewable every 4 years until the person | ||||||
21 | completes 4 years of teaching. If the holder of an Initial | ||||||
22 | Certificate has completed 4 years of teaching but has not | ||||||
23 | completed the requirements set forth in paragraph (2) of | ||||||
24 | subsection (c) of Section 21-2 of this Code, then the Initial | ||||||
25 | Certificate may be reinstated for one year, during which the | ||||||
26 | requirements must be met. A holder of an Initial Certificate |
| |||||||
| |||||||
1 | who has not completed 4 years of teaching may continuously | ||||||
2 | register the certificate for additional 4-year periods without | ||||||
3 | penalty. Initial Certificates that are not registered shall | ||||||
4 | lapse consistent with subsection (a) of this Section and may be | ||||||
5 | reinstated only in accordance with subsection (a).
Standard | ||||||
6 | Teaching Certificates are renewable every 5 years as provided
| ||||||
7 | in
subsection (c) of Section 21-2
and subsection (c) of this | ||||||
8 | Section.
For purposes of this Section, "teaching" is defined as | ||||||
9 | employment and
performance of
services in an Illinois public or | ||||||
10 | State-operated elementary school, secondary
school, or
| ||||||
11 | cooperative or joint agreement with a governing body or board | ||||||
12 | of control, in a
certificated teaching position, or a charter | ||||||
13 | school operating in compliance
with the
Charter Schools Law.
| ||||||
14 | (c) In compliance with subsection (c) of Section 21-2 of | ||||||
15 | this Code, which
provides that a
Standard
Teaching Certificate | ||||||
16 | may be renewed by the State Teacher Certification Board
based
| ||||||
17 | upon proof of continuing professional development, the State | ||||||
18 | Board of Education
and
the State Teacher Certification Board | ||||||
19 | shall jointly:
| ||||||
20 | (1) establish a procedure for renewing Standard | ||||||
21 | Teaching Certificates,
which shall include but not be | ||||||
22 | limited to annual timelines for the renewal
process and the | ||||||
23 | components set forth in subsections (d) through (k) of this
| ||||||
24 | Section;
| ||||||
25 | (2) establish the standards for certificate renewal;
| ||||||
26 | (3) approve or disapprove the providers of continuing |
| |||||||
| |||||||
1 | professional development
activities;
| ||||||
2 | (4) determine the maximum credit for each category of | ||||||
3 | continuing
professional development activities, based upon | ||||||
4 | recommendations submitted by
a continuing professional
| ||||||
5 | development
activity task force, which shall consist of 6 | ||||||
6 | staff members from the State
Board of
Education, appointed | ||||||
7 | by the State Superintendent of Education, and 6 teacher
| ||||||
8 | representatives, 3 of whom are selected by the Illinois | ||||||
9 | Education Association
and 3 of
whom are selected by the | ||||||
10 | Illinois Federation of Teachers;
| ||||||
11 | (5) designate the type and amount of documentation | ||||||
12 | required to show that
continuing professional development | ||||||
13 | activities have been completed; and
| ||||||
14 | (6) provide, on a timely basis to all Illinois | ||||||
15 | teachers, certificate
holders, regional superintendents of | ||||||
16 | schools,
school districts, and others with an interest in | ||||||
17 | continuing professional
development, information about the | ||||||
18 | standards and requirements established
pursuant to this | ||||||
19 | subsection (c).
| ||||||
20 | (d) Any Standard Teaching Certificate held by an individual | ||||||
21 | employed and
performing services in an
Illinois public or | ||||||
22 | State-operated elementary school, secondary school, or
| ||||||
23 | cooperative or joint agreement with a governing body or board | ||||||
24 | of control in a
certificated teaching
position or a
charter | ||||||
25 | school in compliance with the Charter Schools Law must be | ||||||
26 | maintained
Valid
and
Active through certificate renewal |
| |||||||
| |||||||
1 | activities specified in the certificate
renewal procedure
| ||||||
2 | established pursuant to subsection (c) of this Section, | ||||||
3 | provided that
a holder of a Valid
and Active
certificate who is | ||||||
4 | only employed on either a part-time basis or day-to-day
basis | ||||||
5 | as a
substitute
teacher shall pay only the required | ||||||
6 | registration fee to renew his or her
certificate
and maintain | ||||||
7 | it as Valid and Active. All other Standard Teaching | ||||||
8 | Certificates
held may be
maintained as
Valid and Exempt through | ||||||
9 | the registration process provided for in the
certificate | ||||||
10 | renewal
procedure established pursuant to subsection (c) of | ||||||
11 | this Section. A Valid and
Exempt
certificate must
be | ||||||
12 | immediately activated, through procedures developed jointly by | ||||||
13 | the State
Board of
Education and the State Teacher | ||||||
14 | Certification Board, upon the certificate
holder
becoming | ||||||
15 | employed and performing services in an Illinois public or
| ||||||
16 | State-operated elementary school,
secondary school, or | ||||||
17 | cooperative or joint agreement with a governing body or
board | ||||||
18 | of control in a
certificated
teaching position or a charter | ||||||
19 | school operating in compliance with the Charter
Schools
Law. A | ||||||
20 | holder of a Valid and Exempt certificate may activate his or | ||||||
21 | her
certificate
through procedures provided for in the | ||||||
22 | certificate renewal procedure
established pursuant to
| ||||||
23 | subsection (c) of this Section.
| ||||||
24 | (e)(1) A Standard Teaching Certificate that has been | ||||||
25 | maintained as Valid
and
Active for the 5 years of the | ||||||
26 | certificate's validity shall be renewed as Valid
and Active
|
| |||||||
| |||||||
1 | upon the certificate holder: (i)
completing an advanced degree | ||||||
2 | from an approved institution in an
education-related field; | ||||||
3 | (ii)
completing at least
8 semester hours of
coursework as | ||||||
4 | described in
subdivision (B) of paragraph (3) of this | ||||||
5 | subsection (e);
(iii)
earning at least
24 continuing education | ||||||
6 | units as described in subdivision (C) of
paragraph (3)
of this | ||||||
7 | subsection (e); (iv) completing the National Board for
| ||||||
8 | Professional
Teaching Standards process as described in | ||||||
9 | subdivision (D) of
paragraph (3) of
this subsection (e); or (v) | ||||||
10 | earning 120 continuing professional
development
units ("CPDU") | ||||||
11 | as described in subdivision (E) of paragraph (3) of
this
| ||||||
12 | subsection (e). The maximum continuing professional | ||||||
13 | development units for each
continuing professional development | ||||||
14 | activity identified in subdivisions
(F)
through (J) of | ||||||
15 | paragraph (3) of this subsection (e) shall be
jointly | ||||||
16 | determined
by the State Board of Education and the State | ||||||
17 | Teacher Certification Board.
If, however, the certificate | ||||||
18 | holder has maintained the certificate
as Valid and
Exempt for a | ||||||
19 | portion of the 5-year period of validity, the number of
| ||||||
20 | continuing
professional development units needed to renew the | ||||||
21 | certificate as Valid and
Active shall
be proportionately | ||||||
22 | reduced by the amount of time the certificate was Valid and
| ||||||
23 | Exempt.
Furthermore, if a certificate holder is employed and | ||||||
24 | performs teaching services
on a
part-time basis for all or a | ||||||
25 | portion of the certificate's 5-year period of
validity, the | ||||||
26 | number
of continuing professional development units needed to |
| |||||||
| |||||||
1 | renew the certificate as
Valid
and Active shall be reduced by | ||||||
2 | 50% for the amount of time the certificate
holder has
been | ||||||
3 | employed and performed teaching services on a part-time basis. | ||||||
4 | Part-time
shall
be defined as less than 50% of the school day | ||||||
5 | or school term.
| ||||||
6 | Notwithstanding any other requirements to the contrary, if | ||||||
7 | a Standard
Teaching
Certificate has been maintained as Valid | ||||||
8 | and Active for the 5 years of the
certificate's validity and | ||||||
9 | the certificate holder has completed his or her
certificate | ||||||
10 | renewal plan before July 1, 2002, the certificate shall
be | ||||||
11 | renewed as Valid and Active.
| ||||||
12 | (2) Beginning July 1, 2004, in order to satisfy the | ||||||
13 | requirements for continuing professional development provided | ||||||
14 | for in subsection (c) of Section 21-2 of this Code, each
Valid | ||||||
15 | and Active Standard Teaching Certificate holder shall
complete | ||||||
16 | professional development activities that address the | ||||||
17 | certificate or those certificates that are required of his or | ||||||
18 | her
certificated
teaching position, if the certificate holder | ||||||
19 | is employed and performing
services in an Illinois public
or | ||||||
20 | State-operated elementary school,
secondary school, or | ||||||
21 | cooperative or joint agreement with a governing body or
board | ||||||
22 | of control, or that certificate or those certificates most | ||||||
23 | closely
related to his or
her teaching position, if the | ||||||
24 | certificate holder is employed in a charter
school. Except as | ||||||
25 | otherwise provided in this subsection (e), the certificate | ||||||
26 | holder's activities must address purposes (A), (B),
(C), or (D) |
| |||||||
| |||||||
1 | and must reflect purpose (E) of the following continuing | ||||||
2 | professional
development purposes:
| ||||||
3 | (A) Advance both the certificate holder's knowledge | ||||||
4 | and skills as a
teacher consistent with the Illinois | ||||||
5 | Professional Teaching Standards and the
Illinois Content | ||||||
6 | Area Standards in the certificate holder's areas of
| ||||||
7 | certification,
endorsement, or teaching assignment in | ||||||
8 | order to keep the certificate holder
current
in those | ||||||
9 | areas.
| ||||||
10 | (B) Develop the certificate holder's knowledge and | ||||||
11 | skills in areas
determined
to be critical for all Illinois | ||||||
12 | teachers, as defined by the State Board of
Education, known | ||||||
13 | as "State priorities".
| ||||||
14 | (C) Address the knowledge, skills, and goals of the | ||||||
15 | certificate holder's
local
school improvement plan, if the | ||||||
16 | teacher is employed in an Illinois public
or State-operated | ||||||
17 | elementary school, secondary school, or cooperative or | ||||||
18 | joint
agreement with a governing body or board of control.
| ||||||
19 | (D) Expand the certificate holder's knowledge and | ||||||
20 | skills in an
additional teaching field or toward
the
| ||||||
21 | acquisition of another teaching certificate, endorsement, | ||||||
22 | or relevant
education degree.
| ||||||
23 | (E) Address the needs of serving students with | ||||||
24 | disabilities, including adapting and modifying the general | ||||||
25 | curriculum related to the Illinois Learning Standards to | ||||||
26 | meet the needs of students with disabilities and serving |
| |||||||
| |||||||
1 | such students in the least restrictive environment. | ||||||
2 | Teachers who hold certificates endorsed for special | ||||||
3 | education must devote at least 50% of their continuing | ||||||
4 | professional development activities to this purpose. | ||||||
5 | Teachers holding other certificates must devote at least | ||||||
6 | 20% of their activities to this purpose.
| ||||||
7 | A speech-language pathologist or audiologist who is
| ||||||
8 | licensed under the Illinois Speech-Language Pathology and
| ||||||
9 | Audiology Practice Act and who has met the continuing
education | ||||||
10 | requirements of that Act and the rules promulgated
under that | ||||||
11 | Act shall be deemed to have satisfied the continuing
| ||||||
12 | professional development requirements established by the State
| ||||||
13 | Board of Education and the Teacher Certification Board to renew
| ||||||
14 | a Standard Certificate.
| ||||||
15 | (3) Continuing professional development activities may | ||||||
16 | include, but are not limited to, the following activities:
| ||||||
17 | (A) completion of an advanced degree from an approved | ||||||
18 | institution
in an education-related field;
| ||||||
19 | (B) at
least 8 semester hours of coursework
in an | ||||||
20 | approved education-related program, of which at least 2 | ||||||
21 | semester
hours relate
to the continuing professional | ||||||
22 | development purpose set forth in purpose (A) of
paragraph | ||||||
23 | (2) of this subsection (e), completion of which means no
| ||||||
24 | other continuing professional development activities are | ||||||
25 | required;
| ||||||
26 | (C) continuing education units that satisfy the |
| |||||||
| |||||||
1 | continuing
professional
development purposes set forth in | ||||||
2 | paragraph (2) of this subsection (e), with
each continuing | ||||||
3 | education unit equal to 5
clock
hours, provided that a plan | ||||||
4 | that includes at least 24 continuing
education units (or | ||||||
5 | 120 clock/contact hours) need not
include any other | ||||||
6 | continuing professional development activities;
| ||||||
7 | (D) completion of the National Board for
Professional | ||||||
8 | Teaching
Standards
("NBPTS") process for certification or | ||||||
9 | recertification, completion of which means no other | ||||||
10 | continuing professional development activities are | ||||||
11 | required;
| ||||||
12 | (E) completion of 120 continuing professional | ||||||
13 | development
units that
satisfy the continuing professional | ||||||
14 | development purposes set forth in
paragraph (2) of this | ||||||
15 | subsection (e) and may include without limitation
the | ||||||
16 | activities identified in subdivisions (F) through
(J) of | ||||||
17 | this paragraph
(3);
| ||||||
18 | (F) collaboration and partnership activities related | ||||||
19 | to
improving the
teacher's knowledge and skills as a | ||||||
20 | teacher, including the following:
| ||||||
21 | (i) participating on collaborative planning and | ||||||
22 | professional
improvement
teams and committees;
| ||||||
23 | (ii) peer review and coaching;
| ||||||
24 | (iii) mentoring in a formal mentoring program, | ||||||
25 | including service as a
consulting teacher | ||||||
26 | participating in a remediation
process formulated |
| |||||||
| |||||||
1 | under Section 24A-5 of this Code;
| ||||||
2 | (iv) participating in site-based management or | ||||||
3 | decision making teams,
relevant committees, boards, or | ||||||
4 | task forces directly related to school
improvement | ||||||
5 | plans;
| ||||||
6 | (v) coordinating community resources in schools, | ||||||
7 | if the project is a
specific goal of the school | ||||||
8 | improvement plan;
| ||||||
9 | (vi) facilitating parent education programs for a | ||||||
10 | school, school
district, or
regional office of | ||||||
11 | education directly related to student achievement or
| ||||||
12 | school improvement plans;
| ||||||
13 | (vii) participating in business, school, or | ||||||
14 | community partnerships
directly
related to student | ||||||
15 | achievement or school improvement plans; or
| ||||||
16 | (viii) supervising a student teacher or teacher | ||||||
17 | education candidate in
clinical supervision, provided | ||||||
18 | that the supervision may only be counted
once during | ||||||
19 | the course of 5 years;
| ||||||
20 | (G) college or university coursework related to | ||||||
21 | improving the
teacher's
knowledge and skills as a teacher | ||||||
22 | as follows:
| ||||||
23 | (i) completing undergraduate or graduate credit | ||||||
24 | earned from a
regionally
accredited institution in | ||||||
25 | coursework relevant to the certificate area being
| ||||||
26 | renewed,
including coursework that incorporates |
| |||||||
| |||||||
1 | induction activities and
development of a portfolio of | ||||||
2 | both student and teacher work that
provides experience | ||||||
3 | in reflective practices,
provided the coursework meets | ||||||
4 | Illinois Professional Teaching Standards
or Illinois | ||||||
5 | Content Area Standards and
supports the essential | ||||||
6 | characteristics of quality professional development; | ||||||
7 | or
| ||||||
8 | (ii) teaching college or university courses in | ||||||
9 | areas relevant to the
certificate area being renewed, | ||||||
10 | provided that the teaching may only be
counted once | ||||||
11 | during the course of 5 years;
| ||||||
12 | (H) conferences, workshops, institutes, seminars, and
| ||||||
13 | symposiums related
to improving the teacher's knowledge | ||||||
14 | and skills as a teacher, subject to disapproval of the | ||||||
15 | activity or event by the State Teacher Certification Board | ||||||
16 | acting jointly with the State Board of Education,
including
| ||||||
17 | the following:
| ||||||
18 | (i) completing non-university credit directly | ||||||
19 | related to student
achievement, school improvement | ||||||
20 | plans, or State priorities;
| ||||||
21 | (ii) participating in or presenting at workshops, | ||||||
22 | seminars,
conferences,
institutes, and symposiums;
| ||||||
23 | (iii) training as external reviewers for Quality | ||||||
24 | Assurance; or
| ||||||
25 | (iv) training as reviewers of university teacher | ||||||
26 | preparation programs.
|
| |||||||
| |||||||
1 | A teacher, however, may not receive credit for conferences, | ||||||
2 | workshops, institutes, seminars, or symposiums that are | ||||||
3 | designed for entertainment, promotional, or commercial | ||||||
4 | purposes or that are solely inspirational or motivational. | ||||||
5 | The State Superintendent of Education and regional | ||||||
6 | superintendents of schools are authorized to review the | ||||||
7 | activities and events provided or to be provided under this | ||||||
8 | subdivision (H) and to investigate complaints regarding | ||||||
9 | those activities and events, and either the State | ||||||
10 | Superintendent of Education or a regional superintendent | ||||||
11 | of schools may recommend that the State Teacher | ||||||
12 | Certification Board and the State Board of Education | ||||||
13 | jointly disapprove those activities and events considered | ||||||
14 | to be inconsistent with this subdivision (H);
| ||||||
15 | (I) other educational experiences related to improving | ||||||
16 | the
teacher's
knowledge and skills as a teacher, including | ||||||
17 | the following:
| ||||||
18 | (i) participating in action research and inquiry | ||||||
19 | projects;
| ||||||
20 | (ii) observing programs or teaching in schools, | ||||||
21 | related businesses, or
industry that is systematic, | ||||||
22 | purposeful, and relevant to certificate renewal;
| ||||||
23 | (iii) traveling related to one's teaching | ||||||
24 | assignment, directly related to
student achievement or | ||||||
25 | school improvement plans and approved by the regional | ||||||
26 | superintendent of schools or his or her designee at |
| |||||||
| |||||||
1 | least
30 days prior to the travel experience,
provided | ||||||
2 | that the traveling shall not include time spent | ||||||
3 | commuting to
destinations where the learning | ||||||
4 | experience will occur;
| ||||||
5 | (iv) participating in study groups related to | ||||||
6 | student achievement or
school
improvement plans;
| ||||||
7 | (v) serving on a statewide education-related | ||||||
8 | committee, including but
not
limited to the State | ||||||
9 | Teacher Certification Board, State Board of Education
| ||||||
10 | strategic agenda teams, or the State Advisory Council | ||||||
11 | on Education of
Children with Disabilities;
| ||||||
12 | (vi) participating in work/learn programs or | ||||||
13 | internships; or
| ||||||
14 | (vii) developing a portfolio of student and | ||||||
15 | teacher work;
| ||||||
16 | (J) professional leadership experiences related to | ||||||
17 | improving
the teacher's
knowledge and skills as a teacher, | ||||||
18 | including the following:
| ||||||
19 | (i) participating in curriculum development or | ||||||
20 | assessment activities
at the
school, school district, | ||||||
21 | regional office of education, State, or national
| ||||||
22 | level;
| ||||||
23 | (ii) participating in team or department | ||||||
24 | leadership in a school or
school
district;
| ||||||
25 | (iii) participating on external or internal school | ||||||
26 | or school district
review
teams;
|
| |||||||
| |||||||
1 | (iv) publishing educational articles, columns, or | ||||||
2 | books relevant to
the
certificate area being renewed; | ||||||
3 | or
| ||||||
4 | (v) participating in non-strike related | ||||||
5 | professional association or
labor organization
service | ||||||
6 | or
activities related to professional development;
| ||||||
7 | (K) receipt of a subsequent Illinois certificate or | ||||||
8 | endorsement pursuant to this Article; or
| ||||||
9 | (L) completion of requirements for meeting the | ||||||
10 | Illinois criteria for becoming "highly qualified" (for | ||||||
11 | purposes of the No Child Left Behind Act of 2001, Public | ||||||
12 | Law 107-110) in an additional teaching area ; .
| ||||||
13 | (M) successful completion of 4 semester hours of | ||||||
14 | graduate-level coursework on the assessment of one's own | ||||||
15 | performance in relation to the Illinois Teaching | ||||||
16 | Standards, as described in clause (B) of paragraph (2) of | ||||||
17 | subsection (c) of Section 21-2 of this Code ; or
. | ||||||
18 | (N) successful completion of a minimum of 4 semester | ||||||
19 | hours of graduate-level coursework addressing preparation | ||||||
20 | to meet the requirements for certification by the National | ||||||
21 | Board for Professional Teaching Standards, as described in | ||||||
22 | clause (C) of paragraph (2) of subsection (c) of Section | ||||||
23 | 21-2 of this Code.
| ||||||
24 | (4) A person must complete the requirements of this | ||||||
25 | subsection (e) before the expiration of his or her Standard | ||||||
26 | Teaching Certificate and must submit assurance to the regional |
| |||||||
| |||||||
1 | superintendent of schools or, if applicable, a local | ||||||
2 | professional development committee authorized by the regional | ||||||
3 | superintendent to submit recommendations to him or her for this | ||||||
4 | purpose. The statement of assurance shall contain a list of the | ||||||
5 | activities completed, the provider offering each activity, the | ||||||
6 | number of credits earned for each activity, and the purposes to | ||||||
7 | which each activity is attributed. The certificate holder shall | ||||||
8 | maintain the evidence of completion of each activity for at | ||||||
9 | least one certificate renewal cycle. The certificate holder | ||||||
10 | shall affirm under penalty of perjury that he or she has | ||||||
11 | completed the activities listed and will maintain the required | ||||||
12 | evidence of completion. The State Board of Education or the | ||||||
13 | regional superintendent of schools for each region shall | ||||||
14 | conduct random audits of assurance statements and supporting | ||||||
15 | documentation.
| ||||||
16 | (5) (Blank).
| ||||||
17 | (6) (Blank).
| ||||||
18 | (f) Notwithstanding any other provisions of this Code, a | ||||||
19 | school district is authorized to enter into an agreement with | ||||||
20 | the exclusive bargaining representative, if any, to form a | ||||||
21 | local professional development committee (LPDC). The | ||||||
22 | membership and terms of members of the LPDC may be determined | ||||||
23 | by the agreement. Provisions regarding LPDCs contained in a | ||||||
24 | collective bargaining agreement in existence on the effective | ||||||
25 | date of this amendatory Act of the 93rd General Assembly | ||||||
26 | between a school district and the exclusive bargaining |
| |||||||
| |||||||
1 | representative shall remain in full force and effect for the | ||||||
2 | term of the agreement, unless terminated by mutual agreement. | ||||||
3 | The LPDC shall make recommendations to the regional | ||||||
4 | superintendent of schools on renewal of teaching certificates. | ||||||
5 | The regional superintendent of schools for each region shall
| ||||||
6 | perform
the following functions:
| ||||||
7 | (1)
review recommendations for certificate renewal, if | ||||||
8 | any, received from LPDCs;
| ||||||
9 | (2) (blank);
| ||||||
10 | (3) (blank);
| ||||||
11 | (4) (blank);
| ||||||
12 | (5) determine whether certificate holders have met the
| ||||||
13 | requirements for certificate renewal and notify | ||||||
14 | certificate holders
if the decision is not to renew the | ||||||
15 | certificate;
| ||||||
16 | (6) provide a certificate holder with the opportunity | ||||||
17 | to appeal a recommendation made by a LPDC, if any, not to | ||||||
18 | renew the certificate to the regional professional | ||||||
19 | development review committee;
| ||||||
20 | (7) issue and forward recommendations for renewal or | ||||||
21 | nonrenewal
of certificate holders' Standard Teaching | ||||||
22 | Certificates to the State Teacher Certification Board; and
| ||||||
23 | (8) (blank).
| ||||||
24 | (g)(1) Each regional superintendent of schools shall | ||||||
25 | review and concur or
nonconcur
with each recommendation for | ||||||
26 | renewal or nonrenewal of a Standard Teaching
Certificate he or |
| |||||||
| |||||||
1 | she receives from a local professional development committee, | ||||||
2 | if any,
or, if
a certificate
holder appeals the recommendation | ||||||
3 | to the regional professional development
review committee, the
| ||||||
4 | recommendation for renewal or nonrenewal he or she receives | ||||||
5 | from a regional
professional
development review committee and, | ||||||
6 | within 14 days of receipt of the
recommendation,
shall
provide | ||||||
7 | the State Teacher Certification Board with verification of the
| ||||||
8 | following, if applicable:
| ||||||
9 | (A) the certificate holder has satisfactorily | ||||||
10 | completed professional development and continuing | ||||||
11 | education activities set forth in paragraph (3) of | ||||||
12 | subsection (e) of this Section;
| ||||||
13 | (B) the certificate holder has submitted the statement | ||||||
14 | of assurance required under paragraph (4) of subsection (e) | ||||||
15 | of this Section, and this statement has been attached to | ||||||
16 | the application for renewal;
| ||||||
17 | (C) the local professional development committee, if | ||||||
18 | any, has recommended the
renewal of the certificate | ||||||
19 | holder's Standard Teaching Certificate and
forwarded the | ||||||
20 | recommendation to the regional superintendent of schools;
| ||||||
21 | (D) the certificate holder has appealed his or her | ||||||
22 | local professional
development committee's recommendation | ||||||
23 | of nonrenewal, if any, to the regional
professional | ||||||
24 | development review committee and the result of that appeal;
| ||||||
25 | (E) the regional superintendent of schools has | ||||||
26 | concurred or nonconcurred
with
the
local professional |
| |||||||
| |||||||
1 | development committee's or regional professional
| ||||||
2 | development review committee's recommendation, if any, to | ||||||
3 | renew or nonrenew the
certificate holder's Standard | ||||||
4 | Teaching Certificate and made a
recommendation to that | ||||||
5 | effect; and
| ||||||
6 | (F) the established registration fee for the Standard | ||||||
7 | Teaching
Certificate has
been paid.
| ||||||
8 | If
the notice required by this subsection
(g) includes a | ||||||
9 | recommendation of certificate nonrenewal, then, at the same | ||||||
10 | time the regional superintendent of schools provides the State | ||||||
11 | Teacher Certification Board with the notice, he or she
shall
| ||||||
12 | also notify the
certificate holder in writing, by certified | ||||||
13 | mail, return receipt requested, that
this notice has been | ||||||
14 | provided to the
State
Teacher
Certification Board.
| ||||||
15 | (2) Each certificate holder shall have the right to appeal
| ||||||
16 | his or her
local
professional development committee's | ||||||
17 | recommendation of nonrenewal, if any, to the
regional
| ||||||
18 | professional development review committee, within 14 days of | ||||||
19 | receipt of notice
that the
recommendation has
been sent to the | ||||||
20 | regional superintendent of schools. Each regional
| ||||||
21 | superintendent of schools shall
establish a regional | ||||||
22 | professional development review committee or committees
for | ||||||
23 | the
purpose of
advising the regional superintendent of schools, | ||||||
24 | upon request, and handling
certificate
holder appeals. This | ||||||
25 | committee shall
consist of at least 4 classroom teachers, one | ||||||
26 | non-administrative
certificated
educational
employee, 2 |
| |||||||
| |||||||
1 | administrators, and one at-large member who shall be either (i) | ||||||
2 | a
parent, (ii)
a member of the business community, (iii) a | ||||||
3 | community member, or (iv) an
administrator, with preference | ||||||
4 | given to an individual chosen from among those
persons
listed | ||||||
5 | in items (i), (ii), and (iii) in order to secure representation | ||||||
6 | of an
interest not already
represented on the committee. The | ||||||
7 | teacher and non-administrative certificated
educational | ||||||
8 | employee members of the review committee shall be selected by | ||||||
9 | their
exclusive representative, if any, and the administrators | ||||||
10 | and at-large member
shall be
selected by the regional | ||||||
11 | superintendent of schools. A regional superintendent
of | ||||||
12 | schools
may add additional members to the committee, provided | ||||||
13 | that the same proportion
of
teachers to administrators and | ||||||
14 | at-large members on the committee is maintained. Any
additional | ||||||
15 | teacher and non-administrative certificated educational | ||||||
16 | employee members
shall be selected by their exclusive | ||||||
17 | representative, if any. Vacancies in positions on a
regional | ||||||
18 | professional development review committee shall be filled in | ||||||
19 | the same manner
as the original selections. Committee members | ||||||
20 | shall serve staggered 3-year terms. All
individuals selected to | ||||||
21 | serve on regional professional development review committees
| ||||||
22 | must be known to demonstrate the best practices in teaching or | ||||||
23 | their respective
field of
practice.
| ||||||
24 | (h)(1) The State Teacher Certification Board shall review | ||||||
25 | the regional
superintendent of schools' recommendations to | ||||||
26 | renew or nonrenew Standard
Teaching Certificates
and notify |
| |||||||
| |||||||
1 | certificate holders in writing whether their certificates have
| ||||||
2 | been renewed or
nonrenewed within 90 days of receipt of the | ||||||
3 | recommendations,
unless a certificate holder has appealed a | ||||||
4 | regional
superintendent of schools'
recommendation of | ||||||
5 | nonrenewal, as provided in paragraph (2) of this subsection
| ||||||
6 | (h). The State Teacher Certification Board shall verify that | ||||||
7 | the
certificate holder
has met the renewal criteria set forth | ||||||
8 | in paragraph (1) of subsection (g) of
this Section.
| ||||||
9 | (2) Each certificate holder shall have the right to appeal | ||||||
10 | a regional
superintendent of school's recommendation to | ||||||
11 | nonrenew his or her Standard
Teaching Certificate
to
the State | ||||||
12 | Teacher Certification Board, within 14 days of receipt of | ||||||
13 | notice that
the
decision has been sent to the State Teacher | ||||||
14 | Certification Board, which shall
hold an
appeal hearing within | ||||||
15 | 60 days of receipt of the appeal. When such an appeal is
taken,
| ||||||
16 | the certificate holder's Standard Teaching Certificate shall | ||||||
17 | continue to be
valid until the
appeal is finally determined. | ||||||
18 | The State Teacher Certification Board shall
review the
regional | ||||||
19 | superintendent of school's recommendation, the regional | ||||||
20 | professional
development review committee's recommendation, if | ||||||
21 | any, and the local
professional
development committee's | ||||||
22 | recommendation, if any, and all relevant documentation to | ||||||
23 | verify
whether the certificate holder has met the renewal | ||||||
24 | criteria set forth in
paragraph (1) of
subsection (g) of this | ||||||
25 | Section. The State Teacher Certification Board may
request that
| ||||||
26 | the certificate holder appear before it. All actions taken by |
| |||||||
| |||||||
1 | the State
Teacher
Certification Board shall require a quorum | ||||||
2 | and be by a simple majority of those
present and voting.
A | ||||||
3 | record of
all votes
shall be maintained. The State Teacher | ||||||
4 | Certification Board shall notify the
certificate
holder in | ||||||
5 | writing, within 7 days of completing the review, whether his or | ||||||
6 | her
Standard
Teaching Certificate has been renewed or | ||||||
7 | nonrenewed, provided that if the State
Teacher
Certification | ||||||
8 | Board determines to nonrenew a certificate, the written notice
| ||||||
9 | provided to
the certificate holder shall be by certified mail, | ||||||
10 | return receipt requested.
All certificate
renewal or | ||||||
11 | nonrenewal decisions of the State Teacher Certification Board | ||||||
12 | are
final and
subject to administrative review, as set forth in | ||||||
13 | Section 21-24 of this Code.
| ||||||
14 | (i) Holders of Master Teaching Certificates shall meet the | ||||||
15 | same
requirements
and follow the same procedures as holders of | ||||||
16 | Standard Teaching Certificates,
except
that their renewal | ||||||
17 | cycle shall be as set forth in subsection (d) of Section
21-2 | ||||||
18 | of this
Code and their renewal requirements shall be subject to | ||||||
19 | paragraph (8) of subsection (c) of Section 21-2 of this Code.
| ||||||
20 | A holder of a
teaching certificate endorsed as a | ||||||
21 | speech-language pathologist who
has been granted the | ||||||
22 | Certificate of Clinical Competence by the
American | ||||||
23 | Speech-Language Hearing Association may renew his or her
| ||||||
24 | Standard Teaching Certificate pursuant to the 10-year renewal | ||||||
25 | cycle set
forth in subsection (d) of Section 21-2 of this Code.
| ||||||
26 | (j) Holders of Valid and Exempt Standard and Master |
| |||||||
| |||||||
1 | Teaching Certificates
who are not employed and performing | ||||||
2 | services in an Illinois public or
State-operated
elementary | ||||||
3 | school, secondary school, or cooperative or joint agreement | ||||||
4 | with a
governing body or board of control, in a certificated | ||||||
5 | teaching position,
may
voluntarily activate their certificates | ||||||
6 | through the regional superintendent of schools of the regional | ||||||
7 | office of
education for the geographic area where their | ||||||
8 | teaching is done. These certificate holders shall follow the | ||||||
9 | same renewal
criteria
and procedures as all other Standard and | ||||||
10 | Master Teaching Certificate holders,
except
that their | ||||||
11 | continuing professional development activities need not
| ||||||
12 | reflect or
address the knowledge, skills, and goals of a local | ||||||
13 | school improvement plan.
| ||||||
14 | (k) (Blank).
| ||||||
15 | (l) (Blank).
| ||||||
16 | (m) The changes made to this Section by this amendatory Act | ||||||
17 | of the 93rd General Assembly that affect renewal of Standard | ||||||
18 | and Master Certificates shall apply to those persons who hold | ||||||
19 | Standard or Master Certificates on or after the effective date | ||||||
20 | of this amendatory Act of the 93rd General Assembly and shall | ||||||
21 | be given effect upon renewal of those certificates.
| ||||||
22 | (Source: P.A. 92-510, eff. 6-1-02; 92-796, eff. 8-10-02; 93-81, | ||||||
23 | eff. 7-2-03; 93-679, eff. 6-30-04; revised 9-20-06.)
| ||||||
24 | (105 ILCS 5/22-35)
| ||||||
25 | Sec. 22-35. Sharing information on school lunch |
| |||||||
| |||||||
1 | applicants;
consent. Before an entity shares with the | ||||||
2 | Department of Healthcare and Family Services
Public Aid
| ||||||
3 | information on an applicant for free or reduced-price lunches | ||||||
4 | under
Section 2-3.131, 3-14.29, 10-28, or 34-18.26 of this Code | ||||||
5 | or Section 10 of the
School
Breakfast and Lunch Program Act, | ||||||
6 | that entity must obtain, in writing,
the consent of the | ||||||
7 | applicant's parent or legal guardian.
The Department of | ||||||
8 | Healthcare and Family Services
Public Aid may not seek any | ||||||
9 | punitive action against
or withhold any benefit or subsidy from | ||||||
10 | an applicant for a free or
reduced-price lunch due to the | ||||||
11 | applicant's parent or legal guardian withholding
consent.
| ||||||
12 | (Source: P.A. 93-404, eff. 8-1-03; revised 12-15-05.)
| ||||||
13 | (105 ILCS 5/27-6) (from Ch. 122, par. 27-6)
| ||||||
14 | Sec. 27-6. Courses in physical education required; special | ||||||
15 | activities.
| ||||||
16 | (a) Pupils enrolled in the public schools and State | ||||||
17 | universities engaged in
preparing teachers shall be required to | ||||||
18 | engage
daily during the school day, except on block scheduled | ||||||
19 | days for those public schools engaged in block scheduling, in | ||||||
20 | courses of physical education for such
periods as are
| ||||||
21 | compatible with the optimum growth and developmental needs of
| ||||||
22 | individuals at the various age levels except when appropriate | ||||||
23 | excuses
are submitted to the school by a pupil's parent or | ||||||
24 | guardian or by a person
licensed under the Medical Practice Act | ||||||
25 | of 1987 and except as provided in
subsection (b) of this |
| |||||||
| |||||||
1 | Section.
| ||||||
2 | Special activities in physical education shall be provided | ||||||
3 | for pupils
whose physical or emotional condition, as determined | ||||||
4 | by a person licensed
under the Medical Practice Act of 1987, | ||||||
5 | prevents their participation in the
courses provided for normal | ||||||
6 | children.
| ||||||
7 | (b) A school board is authorized to excuse pupils enrolled
| ||||||
8 | in grades 11 and 12 from engaging in physical education courses | ||||||
9 | if those
pupils request to be excused for any of the following | ||||||
10 | reasons: (1) for
ongoing participation in an interscholastic
| ||||||
11 | athletic program; (2) to enroll in academic classes which are | ||||||
12 | required for
admission to an institution of higher learning, | ||||||
13 | provided that failure to
take such classes will result in the | ||||||
14 | pupil being denied admission to the
institution of his or her | ||||||
15 | choice; or (3) to enroll in academic classes
which are required | ||||||
16 | for graduation from high school, provided that failure to
take | ||||||
17 | such classes will result in the pupil being unable to graduate. | ||||||
18 | A school
board may also excuse pupils in grades 9 through 12 | ||||||
19 | enrolled in a marching band
program for credit from engaging in | ||||||
20 | physical education courses if those pupils
request to be | ||||||
21 | excused for ongoing participation in such marching band
| ||||||
22 | program. In addition, a school board may excuse pupils in | ||||||
23 | grades 9 through 12 if those pupils must utilize the time set | ||||||
24 | aside for physical education to receive special education | ||||||
25 | support and services. A school board may also excuse pupils in | ||||||
26 | grades 9 through 12 enrolled
in a Reserve Officer's Training |
| |||||||
| |||||||
1 | Corps (ROTC) program sponsored by the school
district from | ||||||
2 | engaging in physical education courses.
School boards which | ||||||
3 | choose to exercise this authority shall establish a policy
to | ||||||
4 | excuse pupils on an individual basis.
| ||||||
5 | (c) The provisions of this Section are subject to the | ||||||
6 | provisions of
Section 27-22.05.
| ||||||
7 | (Source: P.A. 94-189, eff. 7-12-05; 94-198, eff. 1-1-06; | ||||||
8 | 94-200, eff. 7-12-05; revised 8-19-05.)
| ||||||
9 | (105 ILCS 5/27-8.1) (from Ch. 122, par. 27-8.1)
| ||||||
10 | Sec. 27-8.1. Health examinations and immunizations.
| ||||||
11 | (1) In compliance with rules and regulations which the | ||||||
12 | Department of Public
Health shall promulgate, and except as | ||||||
13 | hereinafter provided, all children in
Illinois shall have a | ||||||
14 | health examination as follows: within one year prior to
| ||||||
15 | entering kindergarten or the first grade of any public, | ||||||
16 | private, or parochial
elementary school; upon entering the | ||||||
17 | fifth and ninth grades of any public,
private, or parochial | ||||||
18 | school; prior to entrance into any public, private, or
| ||||||
19 | parochial nursery school; and, irrespective of grade, | ||||||
20 | immediately prior to or
upon entrance into any public, private, | ||||||
21 | or parochial school or nursery school,
each child shall present | ||||||
22 | proof of having been examined in accordance with this
Section | ||||||
23 | and the rules and regulations promulgated hereunder.
| ||||||
24 | A tuberculosis skin test screening shall be included as a | ||||||
25 | required part of
each health examination included under this |
| |||||||
| |||||||
1 | Section if the child resides in an
area designated by the | ||||||
2 | Department of Public Health as having a high incidence
of | ||||||
3 | tuberculosis. Additional health examinations of pupils, | ||||||
4 | including vision examinations, may be required when deemed | ||||||
5 | necessary by school
authorities. Parents are encouraged to have | ||||||
6 | their children undergo vision examinations at the same points | ||||||
7 | in time required for health
examinations.
| ||||||
8 | (1.5) In compliance with rules adopted by the Department of | ||||||
9 | Public Health and except as otherwise provided in this Section, | ||||||
10 | all children in kindergarten and the second and sixth grades of | ||||||
11 | any public, private, or parochial school shall have a dental | ||||||
12 | examination. Each of these children shall present proof of | ||||||
13 | having been examined by a dentist in accordance with this | ||||||
14 | Section and rules adopted under this Section before May 15th of | ||||||
15 | the school year. If a child in the second or sixth grade fails | ||||||
16 | to present proof by May 15th, the school may hold the child's | ||||||
17 | report card until one of the following occurs: (i) the child | ||||||
18 | presents proof of a completed dental examination or (ii) the | ||||||
19 | child presents proof that a dental examination will take place | ||||||
20 | within 60 days after May 15th. The Department of Public Health | ||||||
21 | shall establish, by rule, a waiver for children who show an | ||||||
22 | undue burden or a lack of access to a dentist. Each public, | ||||||
23 | private, and parochial school must give notice of this dental | ||||||
24 | examination requirement to the parents and guardians of | ||||||
25 | students at least 60 days before May 15th of each school year.
| ||||||
26 | (2) The Department of Public Health shall promulgate rules |
| |||||||
| |||||||
1 | and regulations
specifying the examinations and procedures | ||||||
2 | that constitute a health examination, which shall include the | ||||||
3 | collection of data relating to obesity ,
( including at a | ||||||
4 | minimum, date of birth, gender, height, weight, blood pressure, | ||||||
5 | and date of exam ) ,
and a dental examination and may recommend | ||||||
6 | by rule that certain additional examinations be performed.
The | ||||||
7 | rules and regulations of the Department of Public Health shall | ||||||
8 | specify that
a tuberculosis skin test screening shall be | ||||||
9 | included as a required part of each
health examination included | ||||||
10 | under this Section if the child resides in an area
designated | ||||||
11 | by the Department of Public Health as having a high incidence | ||||||
12 | of
tuberculosis.
The Department of Public Health shall specify | ||||||
13 | that a diabetes
screening as defined by rule shall be included | ||||||
14 | as a required part of each
health examination.
Diabetes testing | ||||||
15 | is not required.
| ||||||
16 | Physicians licensed to practice medicine in all of its | ||||||
17 | branches, advanced
practice nurses who have a written | ||||||
18 | collaborative agreement with
a collaborating physician which | ||||||
19 | authorizes them to perform health
examinations, or physician | ||||||
20 | assistants who have been delegated the
performance of health | ||||||
21 | examinations by their supervising physician
shall be
| ||||||
22 | responsible for the performance of the health examinations, | ||||||
23 | other than dental
examinations and vision and hearing | ||||||
24 | screening, and shall sign all report forms
required by | ||||||
25 | subsection (4) of this Section that pertain to those portions | ||||||
26 | of
the health examination for which the physician, advanced |
| |||||||
| |||||||
1 | practice nurse, or
physician assistant is responsible.
If a | ||||||
2 | registered
nurse performs any part of a health examination, | ||||||
3 | then a physician licensed to
practice medicine in all of its | ||||||
4 | branches must review and sign all required
report forms. | ||||||
5 | Licensed dentists shall perform all dental examinations and
| ||||||
6 | shall sign all report forms required by subsection (4) of this | ||||||
7 | Section that
pertain to the dental examinations. Physicians | ||||||
8 | licensed to practice medicine
in all its branches, or licensed | ||||||
9 | optometrists, shall perform all vision exams
required by school | ||||||
10 | authorities and shall sign all report forms required by
| ||||||
11 | subsection (4) of this Section that pertain to the vision exam. | ||||||
12 | Vision and
hearing screening tests, which shall not be | ||||||
13 | considered examinations as that
term is used in this Section, | ||||||
14 | shall be conducted in accordance with rules and
regulations of | ||||||
15 | the Department of Public Health, and by individuals whom the
| ||||||
16 | Department of Public Health has certified.
In these rules and | ||||||
17 | regulations, the Department of Public Health shall
require that | ||||||
18 | individuals conducting vision screening tests give a child's
| ||||||
19 | parent or guardian written notification, before the vision | ||||||
20 | screening is
conducted, that states, "Vision screening is not a | ||||||
21 | substitute for a
complete eye and vision evaluation by an eye | ||||||
22 | doctor. Your child is not
required to undergo this vision | ||||||
23 | screening if an optometrist or
ophthalmologist has completed | ||||||
24 | and signed a report form indicating that
an examination has | ||||||
25 | been administered within the previous 12 months."
| ||||||
26 | (3) Every child shall, at or about the same time as he or |
| |||||||
| |||||||
1 | she receives
a health examination required by subsection (1) of | ||||||
2 | this Section, present
to the local school proof of having | ||||||
3 | received such immunizations against
preventable communicable | ||||||
4 | diseases as the Department of Public Health shall
require by | ||||||
5 | rules and regulations promulgated pursuant to this Section and | ||||||
6 | the
Communicable Disease Prevention Act.
| ||||||
7 | (4) The individuals conducting the health examination or | ||||||
8 | dental examination shall record the
fact of having conducted | ||||||
9 | the examination, and such additional information as
required, | ||||||
10 | including for a health examination data relating to obesity ,
| ||||||
11 | ( including at a minimum, date of birth, gender, height, weight, | ||||||
12 | blood pressure, and date of exam ) , on uniform forms which the | ||||||
13 | Department of Public Health and the State
Board of Education | ||||||
14 | shall prescribe for statewide use. The examiner shall
summarize | ||||||
15 | on the report form any condition that he or she suspects | ||||||
16 | indicates a
need for special services, including for a health | ||||||
17 | examination factors relating to obesity. The individuals | ||||||
18 | confirming the administration of
required immunizations shall | ||||||
19 | record as indicated on the form that the
immunizations were | ||||||
20 | administered.
| ||||||
21 | (5) If a child does not submit proof of having had either | ||||||
22 | the health
examination or the immunization as required, then | ||||||
23 | the child shall be examined
or receive the immunization, as the | ||||||
24 | case may be, and present proof by October
15 of the current | ||||||
25 | school year, or by an earlier date of the current school year
| ||||||
26 | established by a school district. To establish a date before |
| |||||||
| |||||||
1 | October 15 of the
current school year for the health | ||||||
2 | examination or immunization as required, a
school district must | ||||||
3 | give notice of the requirements of this Section 60 days
prior | ||||||
4 | to the earlier established date. If for medical reasons one or | ||||||
5 | more of
the required immunizations must be given after October | ||||||
6 | 15 of the current school
year, or after an earlier established | ||||||
7 | date of the current school year, then
the child shall present, | ||||||
8 | by October 15, or by the earlier established date, a
schedule | ||||||
9 | for the administration of the immunizations and a statement of | ||||||
10 | the
medical reasons causing the delay, both the schedule and | ||||||
11 | the statement being
issued by the physician, advanced practice | ||||||
12 | nurse, physician assistant,
registered nurse, or local health | ||||||
13 | department that will
be responsible for administration of the | ||||||
14 | remaining required immunizations. If
a child does not comply by | ||||||
15 | October 15, or by the earlier established date of
the current | ||||||
16 | school year, with the requirements of this subsection, then the
| ||||||
17 | local school authority shall exclude that child from school | ||||||
18 | until such time as
the child presents proof of having had the | ||||||
19 | health examination as required and
presents proof of having | ||||||
20 | received those required immunizations which are
medically | ||||||
21 | possible to receive immediately. During a child's exclusion | ||||||
22 | from
school for noncompliance with this subsection, the child's | ||||||
23 | parents or legal
guardian shall be considered in violation of | ||||||
24 | Section 26-1 and subject to any
penalty imposed by Section | ||||||
25 | 26-10. This subsection (5) does not apply to dental | ||||||
26 | examinations.
|
| |||||||
| |||||||
1 | (6) Every school shall report to the State Board of | ||||||
2 | Education by November
15, in the manner which that agency shall | ||||||
3 | require, the number of children who
have received the necessary | ||||||
4 | immunizations and the health examination (other than a dental | ||||||
5 | examination) as
required, indicating, of those who have not | ||||||
6 | received the immunizations and
examination as required, the | ||||||
7 | number of children who are exempt from health
examination and | ||||||
8 | immunization requirements on religious or medical grounds as
| ||||||
9 | provided in subsection (8). Every school shall report to the | ||||||
10 | State Board of Education by June 30, in the manner that the | ||||||
11 | State Board requires, the number of children who have received | ||||||
12 | the required dental examination, indicating, of those who have | ||||||
13 | not received the required dental examination, the number of | ||||||
14 | children who are exempt from the dental examination on | ||||||
15 | religious grounds as provided in subsection (8) of this Section | ||||||
16 | and the number of children who have received a waiver under | ||||||
17 | subsection (1.5) of this Section. This reported information | ||||||
18 | shall be provided to the
Department of Public Health by the | ||||||
19 | State Board of Education.
| ||||||
20 | (7) Upon determining that the number of pupils who are | ||||||
21 | required to be in
compliance with subsection (5) of this | ||||||
22 | Section is below 90% of the number of
pupils enrolled in the | ||||||
23 | school district, 10% of each State aid payment made
pursuant to | ||||||
24 | Section 18-8.05 to the school district for such year shall be | ||||||
25 | withheld
by the regional superintendent until the number of | ||||||
26 | students in compliance with
subsection (5) is the applicable |
| |||||||
| |||||||
1 | specified percentage or higher.
| ||||||
2 | (8) Parents or legal guardians who object to health
or | ||||||
3 | dental examinations or any part thereof, or to immunizations, | ||||||
4 | on religious grounds
shall not be required to submit their | ||||||
5 | children or wards to the examinations
or immunizations to which | ||||||
6 | they so object if such parents or legal guardians
present to | ||||||
7 | the appropriate local school authority a signed statement of
| ||||||
8 | objection, detailing the grounds for the objection. If the | ||||||
9 | physical condition
of the child is such that any one or more of | ||||||
10 | the immunizing agents should not
be administered, the examining | ||||||
11 | physician, advanced practice nurse, or
physician assistant | ||||||
12 | responsible for the performance of the
health examination shall | ||||||
13 | endorse that fact upon the health examination form.
Exempting a | ||||||
14 | child from the health or dental examination does not exempt the | ||||||
15 | child from
participation in the program of physical education | ||||||
16 | training provided in
Sections 27-5 through 27-7 of this Code.
| ||||||
17 | (9) For the purposes of this Section, "nursery schools" | ||||||
18 | means those nursery
schools operated by elementary school | ||||||
19 | systems or secondary level school units
or institutions of | ||||||
20 | higher learning.
| ||||||
21 | (Source: P.A. 92-703, eff. 7-19-02; 93-504, eff. 1-1-04; | ||||||
22 | 93-530, eff. 1-1-04; 93-946, eff. 7-1-05; 93-966, eff. 1-1-05; | ||||||
23 | revised 12-1-05.)
| ||||||
24 | (105 ILCS 5/27-20.6)
| ||||||
25 | Sec. 27-20.6 .
"Irish Famine" study. Every public |
| |||||||
| |||||||
1 | elementary school and high school may include in its
curriculum | ||||||
2 | a unit of instruction studying the causes and effects of mass
| ||||||
3 | starvation in mid-19th century Ireland. This period in world | ||||||
4 | history is known
as the "Irish Famine", in which millions of | ||||||
5 | Irish died or emigrated. The study
of this material is a | ||||||
6 | reaffirmation of the commitment of free people of all
nations | ||||||
7 | to eradicate the causes of famine that exist in the modern | ||||||
8 | world.
| ||||||
9 | The State Superintendent of Education may prepare and make | ||||||
10 | available to all
school boards instructional materials that may | ||||||
11 | be used as guidelines for
development of a unit of instruction | ||||||
12 | under this Section; provided, however,
that each
school board | ||||||
13 | shall itself determine the minimum amount of instruction time
| ||||||
14 | that shall qualify as a unit of instruction satisfying the | ||||||
15 | requirements of
this Section.
| ||||||
16 | (Source: P.A. 90-566, eff. 1-2-98; revised 9-21-06.)
| ||||||
17 | (105 ILCS 5/27-23.5)
| ||||||
18 | Sec. 27-23.5. Organ/tissue and blood donor and | ||||||
19 | transplantation programs. Each
school district that maintains | ||||||
20 | grades 9 and 10 may include in its curriculum
and teach to the | ||||||
21 | students of either such grade one unit of instruction on
| ||||||
22 | organ/tissue and blood donor and transplantation programs. No | ||||||
23 | student
shall be required
to
take or participate in instruction | ||||||
24 | on
organ/tissue and blood donor and transplantation programs if | ||||||
25 | a parent or
guardian files
written objection thereto on |
| |||||||
| |||||||
1 | constitutional grounds, and refusal to take or
participate in | ||||||
2 | such instruction on those grounds shall not be reason for
| ||||||
3 | suspension or expulsion of a student or result in any academic | ||||||
4 | penalty.
| ||||||
5 | The regional superintendent of schools in which a school | ||||||
6 | district that
maintains grades 9 and 10 is located shall obtain | ||||||
7 | and distribute to each
school that maintains grades 9 and 10 in | ||||||
8 | his or her district
information and data, including
| ||||||
9 | instructional materials provided at no cost by America's Blood | ||||||
10 | Centers, the
American
Red Cross, and Gift of Hope,
that may be | ||||||
11 | used by the
school in developing a unit of instruction under | ||||||
12 | this Section.
However, each
school board shall determine the | ||||||
13 | minimum amount of instructional time that
shall qualify as a | ||||||
14 | unit of instruction satisfying the requirements of this
| ||||||
15 | Section.
| ||||||
16 | (Source: P.A. 93-547, eff. 8-19-03; 93-794, eff. 7-22-04; | ||||||
17 | revised 10-22-04.)
| ||||||
18 | (105 ILCS 5/27-24.4) (from Ch. 122, par. 27-24.4)
| ||||||
19 | Sec. 27-24.4. Reimbursement amount. Each school district | ||||||
20 | shall be entitled
to reimbursement, for each pupil, excluding | ||||||
21 | each resident of the district
over age 55, who finishes either | ||||||
22 | the classroom instruction
part or the practice driving part of | ||||||
23 | a
driver education course that meets the minimum requirements | ||||||
24 | of this Act.
However, if a school district has adopted a policy | ||||||
25 | to permit proficiency examinations for the practice driving |
| |||||||
| |||||||
1 | part of the driver education course as provided under Section | ||||||
2 | 27-24.3, then the school district is entitled to only one-half | ||||||
3 | of the reimbursement amount for the practice driving part for | ||||||
4 | each pupil who has passed the proficiency examination, and the | ||||||
5 | State Board of Education shall adjust the reimbursement formula | ||||||
6 | accordingly. Reimbursement under this Act is payable from
the | ||||||
7 | Drivers Education Fund in the State treasury.
| ||||||
8 | Each year all funds appropriated from the Drivers
Driver
| ||||||
9 | Education Fund to the
State Board of Education, with the | ||||||
10 | exception of those funds necessary for
administrative purposes | ||||||
11 | of the State Board of Education, shall be distributed
in the | ||||||
12 | manner provided in this paragraph to school districts by the | ||||||
13 | State Board of Education for reimbursement of
claims from the | ||||||
14 | previous school year. As soon as may be after each quarter of | ||||||
15 | the year, if moneys are available in the Drivers
Driver
| ||||||
16 | Education Fund in the State treasury for payments under this | ||||||
17 | Section, the State Comptroller shall draw his or her warrants | ||||||
18 | upon the State Treasurer as directed by the State Board of | ||||||
19 | Education. The warrant for each quarter shall be in an amount | ||||||
20 | equal to one-fourth of the total amount to be distributed to | ||||||
21 | school districts for the year. Payments shall be made to school | ||||||
22 | districts as soon as may be after receipt of the warrants.
| ||||||
23 | The base reimbursement amount shall be calculated by the | ||||||
24 | State Board by
dividing the total amount appropriated for | ||||||
25 | distribution by the total of:
(a) the number of students, | ||||||
26 | excluding residents of the district over age
55, who have |
| |||||||
| |||||||
1 | completed the classroom instruction
part for whom valid claims | ||||||
2 | have been made times 0.2; plus (b) the number
of students, | ||||||
3 | excluding residents of the district over age 55, who have
| ||||||
4 | completed the practice driving instruction part for whom valid | ||||||
5 | claims have
been made times 0.8.
| ||||||
6 | The amount of reimbursement to be distributed on each claim | ||||||
7 | shall be 0.2
times the base reimbursement amount for each | ||||||
8 | validly claimed student,
excluding residents of the district | ||||||
9 | over age 55, who
has completed the classroom instruction part, | ||||||
10 | plus 0.8 times the base reimbursement
amount for each validly | ||||||
11 | claimed student, excluding residents of the
district over age | ||||||
12 | 55, who has completed the practice driving
instruction part. | ||||||
13 | The school district which is the residence of
a pupil who | ||||||
14 | attends a nonpublic school in another district that has | ||||||
15 | furnished the driver
education course shall reimburse the | ||||||
16 | district offering the course, the
difference between the actual | ||||||
17 | per capita cost of giving the course the
previous school year | ||||||
18 | and the amount reimbursed by the State.
| ||||||
19 | By April 1 the
nonpublic school shall notify the district | ||||||
20 | offering the course of the
names and district numbers of the | ||||||
21 | nonresident students desiring to take
such course the next | ||||||
22 | school year. The district offering such course shall
notify the | ||||||
23 | district of residence of those students affected by April 15.
| ||||||
24 | The school district furnishing the course may claim the | ||||||
25 | nonresident pupil
for the purpose of making a claim for State | ||||||
26 | reimbursement under this Act.
|
| |||||||
| |||||||
1 | (Source: P.A. 94-440, eff. 8-4-05; 94-525, eff. 1-1-06; revised | ||||||
2 | 8-19-05.)
| ||||||
3 | (105 ILCS 5/34-8.1) (from Ch. 122, par. 34-8.1)
| ||||||
4 | Sec. 34-8.1. Principals. Principals shall be employed to | ||||||
5 | supervise the
operation of each attendance center. Their powers | ||||||
6 | and duties shall include
but not be limited to the authority | ||||||
7 | (i) to
direct, supervise, evaluate, and suspend with or without | ||||||
8 | pay or otherwise
discipline all teachers, assistant | ||||||
9 | principals, and other employees assigned to
the attendance | ||||||
10 | center in accordance with board rules and policies and (ii) to
| ||||||
11 | direct
all other persons assigned to the
attendance center | ||||||
12 | pursuant to a contract with a third party to provide services
| ||||||
13 | to the school system. The right to employ, discharge, and | ||||||
14 | layoff shall be
vested solely with the board, provided that | ||||||
15 | decisions to
discharge or suspend
non-certified employees, | ||||||
16 | including disciplinary layoffs, and the
termination of | ||||||
17 | certified employees from employment pursuant to a layoff
or | ||||||
18 | reassignment policy are subject to review under the grievance | ||||||
19 | resolution
procedure adopted pursuant to subsection (c) of | ||||||
20 | Section 10 of the Illinois
Educational Labor Relations Act. The | ||||||
21 | grievance resolution procedure
adopted by the board shall | ||||||
22 | provide for final and binding arbitration, and,
| ||||||
23 | notwithstanding any other provision of law to the contrary, the
| ||||||
24 | arbitrator's decision may include all make-whole relief, | ||||||
25 | including without
limitation reinstatement. The principal |
| |||||||
| |||||||
1 | shall fill positions by
appointment as provided in this Section | ||||||
2 | and may make recommendations to the
board regarding the | ||||||
3 | employment, discharge, or layoff of any individual. The
| ||||||
4 | authority of the principal shall include the
authority to | ||||||
5 | direct the hours during which the attendance center
shall be | ||||||
6 | open and available for use provided the use complies with board | ||||||
7 | rules
and policies, to determine when and what operations shall | ||||||
8 | be conducted within
those hours, and to schedule staff within | ||||||
9 | those hours. Under the direction of, and subject to the | ||||||
10 | authority
of the principal, the Engineer In Charge shall
be | ||||||
11 | accountable for the safe, economical operation of the plant and | ||||||
12 | grounds
and shall also be responsible for orientation, | ||||||
13 | training,
and supervising the work of Engineers,
Trainees, | ||||||
14 | school maintenance assistants, custodial workers and other | ||||||
15 | plant
operation employees under his or her direction.
| ||||||
16 | There shall be established by the board a system of | ||||||
17 | semi-annual
evaluations conducted by the principal as to | ||||||
18 | performance of the engineer in charge. Nothing
in this Section | ||||||
19 | shall prevent the principal from conducting additional
| ||||||
20 | evaluations. An overall
numerical rating shall be given by the | ||||||
21 | principal based on the evaluation
conducted by the principal. | ||||||
22 | An unsatisfactory numerical rating shall result in
| ||||||
23 | disciplinary
action, which may include, without limitation and | ||||||
24 | in the judgment of the
principal, loss of
promotion
or bidding | ||||||
25 | procedure, reprimand, suspension with or without pay, or
| ||||||
26 | recommended dismissal. The board shall establish
procedures |
| |||||||
| |||||||
1 | for conducting the
evaluation
and reporting the results to the | ||||||
2 | engineer in charge.
| ||||||
3 | Under the direction of, and subject to the authority of, | ||||||
4 | the principal, the
Food Service Manager is responsible at
all | ||||||
5 | times for the proper operation and maintenance of the lunch | ||||||
6 | room to which
he is assigned and shall also be responsible for | ||||||
7 | the orientation, training, and
supervising the work of cooks, | ||||||
8 | bakers, porters,
and lunchroom attendants under his or
her | ||||||
9 | direction.
| ||||||
10 | There shall be established by the Board a system of | ||||||
11 | semi-annual
evaluations conducted by the principal as to the | ||||||
12 | performance of the food
service manager.
Nothing in this | ||||||
13 | Section shall prevent the principal from conducting
additional | ||||||
14 | evaluations. An overall numerical rating shall be given by the
| ||||||
15 | principal based on the
evaluation conducted by the principal. | ||||||
16 | An unsatisfactory numerical rating
shall
result in | ||||||
17 | disciplinary action which may include, without limitation and | ||||||
18 | in
the judgment of the principal, loss of promotion or bidding | ||||||
19 | procedure,
reprimand, suspension with or without pay, or | ||||||
20 | recommended dismissal. The board
shall establish rules for | ||||||
21 | conducting the evaluation and
reporting the results to the food | ||||||
22 | service manager.
| ||||||
23 | Nothing in this Section shall be interpreted to require the | ||||||
24 | employment or
assignment of an Engineer-In-Charge or a Food | ||||||
25 | Service Manager for each
attendance center.
| ||||||
26 | Principals shall be employed to supervise the educational |
| |||||||
| |||||||
1 | operation of
each attendance center. If a principal is absent | ||||||
2 | due to extended
illness or leave or absence, an assistant | ||||||
3 | principal may be assigned as
acting principal for a period not | ||||||
4 | to exceed 100 school days. Each principal
shall assume | ||||||
5 | administrative responsibility and instructional leadership, in
| ||||||
6 | accordance with reasonable rules and regulations of the board, | ||||||
7 | for the
planning, operation and evaluation of the educational | ||||||
8 | program of the
attendance center to which he is assigned. The | ||||||
9 | principal shall submit
recommendations to the general | ||||||
10 | superintendent concerning the appointment,
dismissal, | ||||||
11 | retention, promotion, and assignment of all personnel assigned | ||||||
12 | to
the attendance center; provided, that from and after | ||||||
13 | September 1, 1989: (i) if
any vacancy occurs in a position at | ||||||
14 | the
attendance center or if an additional or new position is | ||||||
15 | created at the attendance center, that position shall be filled
| ||||||
16 | by appointment made by the principal in accordance with | ||||||
17 | procedures
established and provided by the Board
whenever the | ||||||
18 | majority of the duties included in that position are to be
| ||||||
19 | performed at the attendance center which is under the | ||||||
20 | principal's supervision,
and each such appointment so made by | ||||||
21 | the principal
shall be made and based upon merit and ability to | ||||||
22 | perform in that position
without regard to seniority or length | ||||||
23 | of service, provided, that such
appointments shall be subject | ||||||
24 | to the Board's desegregation obligations,
including but not | ||||||
25 | limited to the Consent Decree and Desegregation Plan in
U.S. v. | ||||||
26 | Chicago Board of Education; (ii)
the principal shall submit |
| |||||||
| |||||||
1 | recommendations based upon merit and ability to
perform in the | ||||||
2 | particular position, without regard to
seniority or length of | ||||||
3 | service, to the general
superintendent
concerning the | ||||||
4 | appointment of any teacher, teacher aide, counselor, clerk,
| ||||||
5 | hall guard, security guard and any other personnel which is
to | ||||||
6 | be made by the general superintendent whenever less than
a | ||||||
7 | majority
of the duties of that teacher, teacher aide, | ||||||
8 | counselor, clerk, hall guard,
and security guard and any other | ||||||
9 | personnel are to be performed
at the attendance center which is | ||||||
10 | under the principal's supervision; and
(iii) subject to law and | ||||||
11 | the applicable collective bargaining agreements,
the authority | ||||||
12 | and responsibilities of a principal with respect to the
| ||||||
13 | evaluation of all teachers and other personnel assigned to an | ||||||
14 | attendance
center shall commence immediately upon his or her | ||||||
15 | appointment as principal
of the attendance center, without | ||||||
16 | regard to the length of time that he or
she has been the | ||||||
17 | principal of that attendance center.
| ||||||
18 | Notwithstanding the existence of any other law of this | ||||||
19 | State, nothing in
this Act shall prevent the board from | ||||||
20 | entering into a contract with a third
party for services | ||||||
21 | currently performed by any employee or bargaining unit
member.
| ||||||
22 | Notwithstanding any other provision of this Article, each | ||||||
23 | principal may
approve contracts, binding on the board, in the | ||||||
24 | amount of no more than $10,000,
if the contract is endorsed by | ||||||
25 | the Local School Council.
| ||||||
26 | Unless otherwise prohibited by law or by rule of the board, |
| |||||||
| |||||||
1 | the principal
shall provide to local
school council members | ||||||
2 | copies of all
internal audits and any other pertinent | ||||||
3 | information generated by any audits or
reviews of the programs | ||||||
4 | and operation of the attendance center.
| ||||||
5 | Each principal shall hold a valid administrative
| ||||||
6 | certificate issued or exchanged in accordance with Article 21 | ||||||
7 | and endorsed
as required by that Article for the position of | ||||||
8 | principal. The board may
establish or impose academic,
| ||||||
9 | educational, examination, and experience requirements and
| ||||||
10 | criteria that are in addition
to those established and required | ||||||
11 | by Article 21 for issuance of a valid
certificate endorsed for | ||||||
12 | the position of principal as a condition of the nomination, | ||||||
13 | selection,
appointment,
employment, or continued employment of | ||||||
14 | a person as principal of any
attendance center, or as a | ||||||
15 | condition of the renewal of any principal's
performance | ||||||
16 | contract.
| ||||||
17 | The board shall specify in its formal job description for | ||||||
18 | principals,
and from and after July 1, 1990 shall specify in | ||||||
19 | the 4 year
performance contracts for use with respect to all | ||||||
20 | principals,
that his or her primary responsibility is in the | ||||||
21 | improvement of
instruction. A majority of the time spent by a | ||||||
22 | principal shall be spent on
curriculum and staff development | ||||||
23 | through both formal and informal
activities, establishing | ||||||
24 | clear lines of communication regarding school
goals, | ||||||
25 | accomplishments, practices and policies with parents and | ||||||
26 | teachers.
The principal, with the assistance of the local |
| |||||||
| |||||||
1 | school council, shall
develop a school improvement plan as | ||||||
2 | provided in Section 34-2.4 and, upon
approval of the plan by | ||||||
3 | the local school council, shall
be responsible for directing | ||||||
4 | implementation of the plan. The principal,
with the assistance | ||||||
5 | of the professional personnel leadership committee, shall
| ||||||
6 | develop the specific methods and contents of the school's | ||||||
7 | curriculum within
the board's system-wide curriculum standards | ||||||
8 | and objectives and the
requirements of the school improvement | ||||||
9 | plan. The board shall ensure that all
principals are evaluated | ||||||
10 | on their instructional leadership ability and their
ability to | ||||||
11 | maintain a positive education and learning climate. It shall | ||||||
12 | also
be the responsibility of the principal to utilize | ||||||
13 | resources of proper law
enforcement agencies when the safety | ||||||
14 | and welfare of students and teachers are
threatened by illegal | ||||||
15 | use of drugs and alcohol, by illegal use or possession
of | ||||||
16 | weapons, or by illegal gang activity.
| ||||||
17 | On or before October 1, 1989, the Board of Education, in | ||||||
18 | consultation
with any professional organization representing | ||||||
19 | principals in the district,
shall promulgate rules and | ||||||
20 | implement a lottery for the purpose of
determining whether a | ||||||
21 | principal's existing performance contract (including
the | ||||||
22 | performance contract applicable to any principal's position in | ||||||
23 | which a
vacancy then exists) expires on June 30, 1990 or on | ||||||
24 | June 30, 1991, and
whether the ensuing 4 year performance | ||||||
25 | contract begins on July 1, 1990 or
July 1, 1991. The Board of | ||||||
26 | Education shall establish and conduct the
lottery in such |
| |||||||
| |||||||
1 | manner that of all the performance contracts of principals
| ||||||
2 | (including the performance contracts applicable to all | ||||||
3 | principal positions
in which a vacancy then exists), 50% of | ||||||
4 | such contracts shall expire on June
30, 1990, and 50% shall | ||||||
5 | expire on June 30, 1991. All persons serving as
principal on | ||||||
6 | May 1, 1989, and all persons appointed as principal after May
| ||||||
7 | 1, 1989 and prior to July 1, 1990 or July 1, 1991, in a manner | ||||||
8 | other than
as provided by Section 34-2.3, shall be deemed by | ||||||
9 | operation of
law to be serving under a performance contract | ||||||
10 | which expires on June 30,
1990 or June 30, 1991; and unless | ||||||
11 | such performance contract of any such
principal is renewed (or | ||||||
12 | such person is again appointed to serve as
principal) in the | ||||||
13 | manner provided by Section 34-2.2 or 34-2.3, the
employment of | ||||||
14 | such person as principal shall terminate on June 30, 1990
or | ||||||
15 | June 30, 1991.
| ||||||
16 | Commencing on July 1, 1990, or on July 1, 1991, and | ||||||
17 | thereafter, the
principal of each attendance center shall be | ||||||
18 | the person selected in the
manner provided by Section 34-2.3 to | ||||||
19 | serve as principal of that attendance
center under a 4 year | ||||||
20 | performance contract. All performance contracts of
principals | ||||||
21 | expiring after July 1, 1990, or July 1, 1991, shall commence on
| ||||||
22 | the date specified in the contract, and the renewal of their | ||||||
23 | performance
contracts and the appointment of principals when | ||||||
24 | their performance contracts
are not renewed shall be governed | ||||||
25 | by Sections 34-2.2 and 34-2.3. Whenever a
vacancy in the office | ||||||
26 | of a principal occurs for any reason, the vacancy shall
be |
| |||||||
| |||||||
1 | filled by the selection of a new principal to serve under a 4 | ||||||
2 | year
performance contract in the manner provided by Section | ||||||
3 | 34-2.3.
| ||||||
4 | The board of education shall develop and prepare, in | ||||||
5 | consultation with
the organization representing principals, a | ||||||
6 | performance contract for
use
at all attendance centers, and | ||||||
7 | shall furnish the same to each local school
council. The term | ||||||
8 | of the performance contract shall be 4 years, unless the
| ||||||
9 | principal is retained by the decision of a hearing officer | ||||||
10 | pursuant to
subdivision 1.5 of Section 34-2.3, in which case | ||||||
11 | the contract shall be
extended for 2 years. The performance
| ||||||
12 | contract of each principal shall consist of the
uniform | ||||||
13 | performance contract, as developed or from time to time | ||||||
14 | modified by the
board, and such additional criteria as are | ||||||
15 | established by a local school
council pursuant to Section | ||||||
16 | 34-2.3 for the performance contract of its
principal.
| ||||||
17 | During the term of his or her performance contract, a | ||||||
18 | principal may be
removed only as provided for in the | ||||||
19 | performance contract except for cause.
He or she shall also be | ||||||
20 | obliged to follow the rules of the board of
education | ||||||
21 | concerning conduct and efficiency.
| ||||||
22 | In the event the performance contract of a principal is not | ||||||
23 | renewed or a
principal is not reappointed as principal under a | ||||||
24 | new performance contract,
or in the event a principal is | ||||||
25 | appointed to any position of
superintendent or higher position, | ||||||
26 | or voluntarily
resigns his position of principal, his or her |
| |||||||
| |||||||
1 | employment as a principal
shall terminate and such former | ||||||
2 | principal shall not be
reinstated to the position from which he | ||||||
3 | or she was promoted to principal,
except that he or she, if | ||||||
4 | otherwise qualified and certified in accordance
with Article | ||||||
5 | 21, shall be placed by the board on appropriate eligibility
| ||||||
6 | lists which it prepares for use in the filling of vacant or | ||||||
7 | additional or
newly created positions for teachers. The | ||||||
8 | principal's total years of
service to the board as both a | ||||||
9 | teacher and a principal, or in other
professional capacities, | ||||||
10 | shall be used in calculating years of experience
for purposes | ||||||
11 | of being selected as a teacher into new, additional or vacant
| ||||||
12 | positions.
| ||||||
13 | In the event the performance contract of a principal is not | ||||||
14 | renewed or
a principal is not reappointed as principal under a | ||||||
15 | new performance
contract, such principal shall be eligible to | ||||||
16 | continue to receive his or
her previously provided level of | ||||||
17 | health insurance benefits for a period of
90 days following the | ||||||
18 | non-renewal of the contract at no expense to the
principal, | ||||||
19 | provided that such principal has not retired.
| ||||||
20 | (Source: P.A. 93-3, eff. 4-16-03; 93-48, eff. 7-1-03; revised | ||||||
21 | 9-11-03.)
| ||||||
22 | (105 ILCS 5/34-18.5) (from Ch. 122, par. 34-18.5)
| ||||||
23 | Sec. 34-18.5. Criminal history records checks and checks of | ||||||
24 | the Statewide Sex Offender Database and Statewide Child | ||||||
25 | Murderer and Violent Offender Against Youth Database .
|
| |||||||
| |||||||
1 | (a) Certified and noncertified applicants for
employment | ||||||
2 | with the school district are required as a condition of
| ||||||
3 | employment to authorize a fingerprint-based criminal history | ||||||
4 | records check to determine if such applicants
have been | ||||||
5 | convicted of any of the enumerated criminal or drug offenses in
| ||||||
6 | subsection (c) of this Section or have been
convicted, within 7 | ||||||
7 | years of the application for employment with the
school | ||||||
8 | district, of any other felony under the laws of this State or | ||||||
9 | of any
offense committed or attempted in any other state or | ||||||
10 | against the laws of
the United States that, if committed or | ||||||
11 | attempted in this State, would
have been punishable as a felony | ||||||
12 | under the laws of this State. Authorization
for
the
check shall
| ||||||
13 | be furnished by the applicant to the school district, except | ||||||
14 | that if the
applicant is a substitute teacher seeking | ||||||
15 | employment in more than one
school district, or a teacher | ||||||
16 | seeking concurrent part-time employment
positions with more | ||||||
17 | than one school district (as a reading specialist,
special | ||||||
18 | education teacher or otherwise), or an educational support
| ||||||
19 | personnel employee seeking employment positions with more than | ||||||
20 | one
district, any such district may require the applicant to | ||||||
21 | furnish
authorization for
the check to the regional | ||||||
22 | superintendent of the
educational service region in which are | ||||||
23 | located the school districts in
which the applicant is seeking | ||||||
24 | employment as a substitute or concurrent
part-time teacher or | ||||||
25 | concurrent educational support personnel employee.
Upon | ||||||
26 | receipt of this authorization, the school district or the |
| |||||||
| |||||||
1 | appropriate
regional superintendent, as the case may be, shall | ||||||
2 | submit the applicant's
name, sex, race, date of birth, social | ||||||
3 | security number, fingerprint images, and other identifiers, as | ||||||
4 | prescribed by the Department
of State Police, to the | ||||||
5 | Department. The regional
superintendent submitting the | ||||||
6 | requisite information to the Department of
State Police shall | ||||||
7 | promptly notify the school districts in which the
applicant is | ||||||
8 | seeking employment as a substitute or concurrent part-time
| ||||||
9 | teacher or concurrent educational support personnel employee | ||||||
10 | that
the
check of the applicant has been requested. The | ||||||
11 | Department of State
Police and the Federal Bureau of | ||||||
12 | Investigation shall furnish, pursuant to a fingerprint-based | ||||||
13 | criminal history records check, records of convictions, until | ||||||
14 | expunged, to the president of the school board for the school | ||||||
15 | district that requested the check, or to the regional | ||||||
16 | superintendent who requested the check. The
Department shall | ||||||
17 | charge
the school district
or the appropriate regional | ||||||
18 | superintendent a fee for
conducting
such check, which fee shall | ||||||
19 | be deposited in the State
Police Services Fund and shall not | ||||||
20 | exceed the cost of the inquiry; and the
applicant shall not be | ||||||
21 | charged a fee for
such check by the school
district or by the | ||||||
22 | regional superintendent. Subject to appropriations for these | ||||||
23 | purposes, the State Superintendent of Education shall | ||||||
24 | reimburse the school district and regional superintendent for | ||||||
25 | fees paid to obtain criminal history records checks under this | ||||||
26 | Section.
|
| |||||||
| |||||||
1 | (a-5) The school district or regional superintendent shall | ||||||
2 | further perform a check of the Statewide Sex Offender Database, | ||||||
3 | as authorized by the Sex Offender Community Notification Law, | ||||||
4 | for each applicant. | ||||||
5 | (a-6) The school district or regional superintendent shall | ||||||
6 | further perform a check of the Statewide Child Murderer and | ||||||
7 | Violent Offender Against Youth Database, as authorized by the | ||||||
8 | Child Murderer and Violent Offender Against Youth Community | ||||||
9 | Notification Law, for each applicant. | ||||||
10 | (b) Any
information concerning the record of convictions | ||||||
11 | obtained by the president
of the board of education or the | ||||||
12 | regional superintendent shall be
confidential and may only be | ||||||
13 | transmitted to the general superintendent of
the school | ||||||
14 | district or his designee, the appropriate regional
| ||||||
15 | superintendent if
the check was requested by the board of | ||||||
16 | education
for the school district, the presidents of the | ||||||
17 | appropriate board of
education or school boards if
the check | ||||||
18 | was requested from the
Department of State Police by the | ||||||
19 | regional superintendent, the State
Superintendent of | ||||||
20 | Education, the State Teacher Certification Board or any
other | ||||||
21 | person necessary to the decision of hiring the applicant for
| ||||||
22 | employment. A copy of the record of convictions obtained from | ||||||
23 | the
Department of State Police shall be provided to the | ||||||
24 | applicant for
employment. Upon the check of the Statewide Sex | ||||||
25 | Offender Database, the school district or regional | ||||||
26 | superintendent shall notify an applicant as to whether or not |
| |||||||
| |||||||
1 | the applicant has been identified in the Database as a sex | ||||||
2 | offender. If a check of an applicant for employment as a
| ||||||
3 | substitute or concurrent part-time teacher or concurrent | ||||||
4 | educational
support personnel employee in more than one school | ||||||
5 | district was requested
by the regional superintendent, and the | ||||||
6 | Department of State Police upon
a check ascertains that the | ||||||
7 | applicant has not been convicted of any
of the enumerated | ||||||
8 | criminal or drug offenses in subsection (c)
or has not been
| ||||||
9 | convicted,
within 7 years of the application for employment | ||||||
10 | with the
school district, of any other felony under the laws of | ||||||
11 | this State or of any
offense committed or attempted in any | ||||||
12 | other state or against the laws of
the United States that, if | ||||||
13 | committed or attempted in this State, would
have been | ||||||
14 | punishable as a felony under the laws of this State and so
| ||||||
15 | notifies the regional superintendent and if the regional | ||||||
16 | superintendent upon a check ascertains that the applicant has | ||||||
17 | not been identified in the Sex Offender Database as a sex | ||||||
18 | offender, then the regional superintendent
shall issue to the | ||||||
19 | applicant a certificate evidencing that as of the date
| ||||||
20 | specified by the Department of State Police the applicant has | ||||||
21 | not been
convicted of any of the enumerated criminal or drug | ||||||
22 | offenses in subsection
(c)
or has not been
convicted, within 7 | ||||||
23 | years of the application for employment with the
school | ||||||
24 | district, of any other felony under the laws of this State or | ||||||
25 | of any
offense committed or attempted in any other state or | ||||||
26 | against the laws of
the United States that, if committed or |
| |||||||
| |||||||
1 | attempted in this State, would
have been punishable as a felony | ||||||
2 | under the laws of this State and evidencing that as of the date | ||||||
3 | that the regional superintendent conducted a check of the | ||||||
4 | Statewide Sex Offender Database, the applicant has not been | ||||||
5 | identified in the Database as a sex offender. The school
board | ||||||
6 | of any school district may rely on the certificate issued by | ||||||
7 | any regional
superintendent to that substitute teacher, | ||||||
8 | concurrent part-time teacher, or concurrent educational | ||||||
9 | support personnel employee
or may initiate its own criminal | ||||||
10 | history records check of
the applicant through the Department | ||||||
11 | of State Police and its own check of the Statewide Sex Offender | ||||||
12 | Database as provided in
subsection (a). Any person who releases | ||||||
13 | any confidential information
concerning any criminal | ||||||
14 | convictions of an applicant for employment shall be
guilty of a | ||||||
15 | Class A misdemeanor, unless the release of such information is
| ||||||
16 | authorized by this Section.
| ||||||
17 | (c) The board of education shall not knowingly employ a | ||||||
18 | person who has
been convicted for committing attempted first | ||||||
19 | degree murder or for
committing or attempting to commit first | ||||||
20 | degree murder or a Class X felony
or any one or more of the
| ||||||
21 | following offenses: (i) those defined in Sections 11-6, 11-9, | ||||||
22 | 11-14,
11-15, 11-15.1, 11-16, 11-17, 11-18, 11-19, 11-19.1, | ||||||
23 | 11-19.2, 11-20,
11-20.1, 11-21, 12-13, 12-14,
12-14.1,
12-15
| ||||||
24 | and 12-16 of the Criminal Code of
1961; (ii) those defined in | ||||||
25 | the Cannabis Control Act,
except those defined in Sections | ||||||
26 | 4(a), 4(b) and 5(a) of that Act; (iii)
those defined in the |
| |||||||
| |||||||
1 | Illinois Controlled Substances Act;
(iv) those defined in the | ||||||
2 | Methamphetamine Control and Community Protection Act; and (v) | ||||||
3 | any
offense committed or attempted in any other state or | ||||||
4 | against the laws of
the United States, which if committed or | ||||||
5 | attempted in this State, would
have been punishable as one or | ||||||
6 | more of the foregoing offenses.
Further, the board of education | ||||||
7 | shall not knowingly employ a person who has
been found to be | ||||||
8 | the perpetrator of sexual or physical abuse of any minor under
| ||||||
9 | 18 years of age pursuant to proceedings under Article II of the | ||||||
10 | Juvenile Court
Act of 1987.
| ||||||
11 | (d) The board of education shall not knowingly employ a | ||||||
12 | person for whom
a criminal history records check and a | ||||||
13 | Statewide Sex Offender Database check has not been initiated.
| ||||||
14 | (e) Upon receipt of the record of a conviction of or a | ||||||
15 | finding of child
abuse by a holder of any
certificate issued | ||||||
16 | pursuant to Article 21 or Section 34-8.1 or 34-83 of the
School | ||||||
17 | Code, the board of education or the State Superintendent of
| ||||||
18 | Education shall initiate the certificate suspension and | ||||||
19 | revocation
proceedings authorized by law.
| ||||||
20 | (f) After March 19, 1990, the provisions of this Section | ||||||
21 | shall apply to
all employees of persons or firms holding | ||||||
22 | contracts with any school district
including, but not limited | ||||||
23 | to, food service workers, school bus drivers and
other | ||||||
24 | transportation employees, who have direct, daily contact with | ||||||
25 | the
pupils of any school in such district. For purposes of | ||||||
26 | criminal history records checks and checks of the Statewide Sex |
| |||||||
| |||||||
1 | Offender Database on employees of persons or firms holding | ||||||
2 | contracts with more
than one school district and assigned to | ||||||
3 | more than one school district, the
regional superintendent of | ||||||
4 | the educational service region in which the
contracting school | ||||||
5 | districts are located may, at the request of any such
school | ||||||
6 | district, be responsible for receiving the authorization for
a | ||||||
7 | criminal history records check prepared by each such employee | ||||||
8 | and submitting the same to the
Department of State Police and | ||||||
9 | for conducting a check of the Statewide Sex Offender Database | ||||||
10 | for each employee. Any information concerning the record of
| ||||||
11 | conviction and identification as a sex offender of any such | ||||||
12 | employee obtained by the regional superintendent
shall be | ||||||
13 | promptly reported to the president of the appropriate school | ||||||
14 | board
or school boards.
| ||||||
15 | (Source: P.A. 93-418, eff. 1-1-04; 93-909, eff. 8-12-04; | ||||||
16 | 94-219, eff. 7-14-05; 94-556, eff. 9-11-05; 94-875, eff. | ||||||
17 | 7-1-06; 94-945, eff. 6-27-06; revised 8-3-06.)
| ||||||
18 | (105 ILCS 5/34-18.23)
| ||||||
19 | Sec. 34-18.23. Medical information form for bus drivers and
| ||||||
20 | emergency medical technicians. The school district is | ||||||
21 | encouraged to
create and use an emergency medical information | ||||||
22 | form for bus drivers and
emergency medical technicians for | ||||||
23 | those students with special needs or
medical conditions. The | ||||||
24 | form may include without
limitation
information to be provided | ||||||
25 | by the student's parent or legal guardian
concerning the |
| |||||||
| |||||||
1 | student's relevant medical conditions, medications that
the | ||||||
2 | student is taking, the student's communication skills, and how | ||||||
3 | a
bus driver or an emergency medical technician is to respond | ||||||
4 | to
certain behaviors of the student. If the form is used, the | ||||||
5 | school
district is encouraged to notify parents and legal | ||||||
6 | guardians of the
availability of the form. The parent or legal | ||||||
7 | guardian of the student may fill
out the
form and submit it to | ||||||
8 | the school that the student is attending. The
school district | ||||||
9 | is encouraged to keep one copy of the form on file at the
| ||||||
10 | school and another copy on the student's school bus in a secure | ||||||
11 | location.
| ||||||
12 | (Source: P.A. 92-580, eff. 7-1-02.)
| ||||||
13 | (105 ILCS 5/34-18.25)
| ||||||
14 | Sec. 34-18.25
34-18.23 . Psychotropic or psychostimulant
| ||||||
15 | medication; disciplinary
action.
| ||||||
16 | (a) In this Section:
| ||||||
17 | "Psychostimulant medication" means medication that | ||||||
18 | produces increased
levels of mental and physical energy and | ||||||
19 | alertness and an elevated mood
by stimulating the central | ||||||
20 | nervous system.
| ||||||
21 | "Psychotropic medication" means psychotropic medication as
| ||||||
22 | defined in Section 1-121.1 of the Mental Health and | ||||||
23 | Developmental
Disabilities Code.
| ||||||
24 | (b) The board must
adopt
and implement a policy that | ||||||
25 | prohibits any disciplinary action that is
based totally or in |
| |||||||
| |||||||
1 | part on the refusal of a student's parent or guardian to
| ||||||
2 | administer or consent to the administration of psychotropic or
| ||||||
3 | psychostimulant medication to the
student.
| ||||||
4 | The policy must require that, at least once every 2 years, | ||||||
5 | the in-service
training of certified school personnel and | ||||||
6 | administrators include training
on current best practices | ||||||
7 | regarding the identification and treatment of
attention | ||||||
8 | deficit disorder and attention deficit hyperactivity disorder, | ||||||
9 | the
application of non-aversive behavioral interventions in | ||||||
10 | the school
environment, and the use of psychotropic or | ||||||
11 | psychostimulant medication for
school-age children.
| ||||||
12 | (c) This Section does not prohibit school medical staff, an
| ||||||
13 | individualized educational program team, or a professional | ||||||
14 | worker (as defined
in Section 14-1.10 of this Code)
from | ||||||
15 | recommending that a
student be evaluated by an appropriate | ||||||
16 | medical practitioner or prohibit
school personnel from | ||||||
17 | consulting with the practitioner with the consent
of the | ||||||
18 | student's parents or guardian.
| ||||||
19 | (Source: P.A. 92-663, eff. 1-1-03; revised 9-3-02.)
| ||||||
20 | (105 ILCS 5/34-18.26)
| ||||||
21 | Sec. 34-18.26. Sharing information on school lunch | ||||||
22 | applicants. The board shall, whenever requested by the | ||||||
23 | Department of Healthcare and Family Services (formerly | ||||||
24 | Department of Public Aid ) ,
agree in writing with the Department | ||||||
25 | of Healthcare and Family Services
Public Aid (as
the State |
| |||||||
| |||||||
1 | agency that administers the State Medical Assistance Program
as | ||||||
2 | provided in Title XIX of the federal Social Security Act and | ||||||
3 | the State
Children's Health Insurance Program as provided in | ||||||
4 | Title XXI of the
federal Social Security Act) to share with the | ||||||
5 | Department of Healthcare and Family Services
Public Aid
| ||||||
6 | information on applicants for free or reduced-price lunches.
| ||||||
7 | The board shall, whenever requested by the Department of | ||||||
8 | Healthcare and Family Services (formerly Department of Public | ||||||
9 | Aid ) ,
require each of its schools to agree in writing with the | ||||||
10 | Department of Healthcare and Family Services
Public Aid to | ||||||
11 | share with the Department of Healthcare and Family Services
| ||||||
12 | Public Aid information on
applicants for free or reduced-price | ||||||
13 | lunches.
This
sharing of information shall be for the sole | ||||||
14 | purpose of helping the
Department of Healthcare and Family | ||||||
15 | Services
Public Aid identify and enroll children in the State | ||||||
16 | Medical
Assistance Program or the State Children's Health | ||||||
17 | Insurance Program or
both as allowed under 42 U.S.C. Sec. | ||||||
18 | 1758(b)(2)(C)(iii)(IV) and under the
restrictions set forth in | ||||||
19 | 42 U.S.C. Sec. 1758(b)(2)(C)(vi) and (vii).
| ||||||
20 | (Source: P.A. 93-404, eff. 8-1-03; revised 12-15-05.)
| ||||||
21 | (105 ILCS 5/34-18.27)
| ||||||
22 | Sec. 34-18.27
34-18.26 . Summer kindergarten. The board may
| ||||||
23 | establish, maintain, and operate, in connection with the | ||||||
24 | kindergarten
program of the school district, a summer | ||||||
25 | kindergarten program that
begins 2 months before the beginning |
| |||||||
| |||||||
1 | of the regular school year and a
summer kindergarten program | ||||||
2 | for grade one readiness for those pupils
making unsatisfactory | ||||||
3 | progress during the regular kindergarten session
that will | ||||||
4 | continue for 2 months after the regular school year. The
summer | ||||||
5 | kindergarten program may be held within the school district or,
| ||||||
6 | pursuant to a contract that must be approved by the State Board | ||||||
7 | of
Education,
may be operated by 2 or more adjacent school | ||||||
8 | districts or by a
public or private university or college. | ||||||
9 | Transportation for students attending
the summer
kindergarten | ||||||
10 | program shall be the responsibility of the school district.
The | ||||||
11 | expense of establishing, maintaining, and operating the summer
| ||||||
12 | kindergarten program may be paid from funds contributed or | ||||||
13 | otherwise
made available to the school district for that | ||||||
14 | purpose by federal or
State appropriation.
| ||||||
15 | (Source: P.A. 93-472, eff. 8-8-03; revised 9-24-03.)
| ||||||
16 | (105 ILCS 5/34-18.28)
| ||||||
17 | Sec. 34-18.28
34-18.26 . Prison tour pilot program. The | ||||||
18 | board shall establish a pilot program to
prevent crime by | ||||||
19 | developing guidelines to identify students at risk of
| ||||||
20 | committing crimes. "Students at risk of committing crimes" | ||||||
21 | shall be
limited to those students who have engaged in serious | ||||||
22 | acts of
misconduct in violation of the board's policy on | ||||||
23 | discipline.
This program, in
cooperation with the Department of | ||||||
24 | Corrections, shall include a guided tour of
a prison for each | ||||||
25 | student so identified in order to discourage criminal
behavior.
|
| |||||||
| |||||||
1 | The touring of a prison
under this Section shall be subject to | ||||||
2 | approval, in writing, of a student's
parent or guardian.
| ||||||
3 | (Source: P.A. 93-538, eff. 1-1-04; revised 9-24-03.)
| ||||||
4 | (105 ILCS 5/34-18.29)
| ||||||
5 | Sec. 34-18.29
34-18.26 . Provision of student information | ||||||
6 | prohibited. The school
district
may not provide a student's | ||||||
7 | name, address, telephone
number, social security number, | ||||||
8 | e-mail address, or other personal
identifying information to a | ||||||
9 | business organization or financial institution
that issues | ||||||
10 | credit or debit cards.
| ||||||
11 | (Source: P.A. 93-549, eff. 8-19-03; revised 9-24-03.)
| ||||||
12 | (105 ILCS 5/34-18.30)
| ||||||
13 | Sec. 34-18.30. Dependents of military personnel; no | ||||||
14 | tuition charge. If, at the time of enrollment, a dependent of | ||||||
15 | United States military personnel is housed in temporary housing | ||||||
16 | located outside of the school district, but will be living | ||||||
17 | within the district within 60 days after the time of initial | ||||||
18 | enrollment, the dependent must be allowed to enroll, subject to | ||||||
19 | the requirements of this Section, and must not be charged | ||||||
20 | tuition. Any United States military personnel attempting to | ||||||
21 | enroll a dependent under this Section shall provide proof that | ||||||
22 | the dependent will be living within the district within 60 days | ||||||
23 | after the time of initial enrollment. Proof of residency may | ||||||
24 | include, but is not limited to, postmarked mail addressed to |
| |||||||
| |||||||
1 | the military personnel and sent to an address located within | ||||||
2 | the district, a lease agreement for occupancy of a residence | ||||||
3 | located within the district, or proof of ownership of a | ||||||
4 | residence located within the district. Non-resident dependents | ||||||
5 | of United States military personnel attending school on a | ||||||
6 | tuition-free basis may be counted for the purposes
of | ||||||
7 | determining the apportionment of State aid provided under | ||||||
8 | Section 18-8.05 of this Code.
| ||||||
9 | (Source: P.A. 93-740, eff. 7-15-04.) | ||||||
10 | (105 ILCS 5/34-18.31) | ||||||
11 | Sec. 34-18.31
34-18.30 . Highly qualified teachers; No | ||||||
12 | Child Left Behind Act funds. If the school district has an | ||||||
13 | overall shortage of highly qualified teachers, as defined by | ||||||
14 | the federal No Child Left Behind Act of 2001 (Public Law | ||||||
15 | 107-110), or a shortage of highly qualified teachers in the | ||||||
16 | subject area of mathematics, science, reading, or special | ||||||
17 | education, then the school board must spend at least 40% of the | ||||||
18 | money it receives from Title 2 grants under the Act on | ||||||
19 | recruitment and retention initiatives to assist in recruiting | ||||||
20 | and retaining highly qualified teachers (in a specific subject | ||||||
21 | area is applicable) as specified in paragraphs (1)(B), (2)(A), | ||||||
22 | (2)(B), (4)(A), (4)(B), and (4)(C) of subsection (a) of Section | ||||||
23 | 2123 of the Act until there is no longer a shortage of highly | ||||||
24 | qualified teachers (in a specific subject area if applicable). | ||||||
25 | As the number of highly qualified teachers in the district |
| |||||||
| |||||||
1 | increases, however, the school board may spend any surplus of | ||||||
2 | the minimum 40% of funds dedicated to addressing the highly | ||||||
3 | qualified teacher shortage in any manner the school board deems | ||||||
4 | appropriate.
| ||||||
5 | (Source: P.A. 93-997, eff. 8-23-04; revised 10-14-04.) | ||||||
6 | Section 545. The Illinois School Student Records Act is | ||||||
7 | amended by changing Section 6 as follows:
| ||||||
8 | (105 ILCS 10/6) (from Ch. 122, par. 50-6)
| ||||||
9 | Sec. 6. (a) No school student records or information
| ||||||
10 | contained therein may be released, transferred, disclosed or | ||||||
11 | otherwise
disseminated, except as follows:
| ||||||
12 | (1) To a parent or student or person specifically
| ||||||
13 | designated as a representative by a parent, as provided in | ||||||
14 | paragraph (a)
of Section 5;
| ||||||
15 | (2) To an employee or official of the school or
school | ||||||
16 | district or State Board with current demonstrable | ||||||
17 | educational
or administrative interest in the student, in | ||||||
18 | furtherance of such interest;
| ||||||
19 | (3) To the official records custodian of another school | ||||||
20 | within
Illinois or an official with similar | ||||||
21 | responsibilities of a school
outside Illinois, in which the | ||||||
22 | student has enrolled, or intends to enroll,
upon the | ||||||
23 | request of such official or student;
| ||||||
24 | (4) To any person for the purpose of research,
|
| |||||||
| |||||||
1 | statistical reporting or planning, provided that no | ||||||
2 | student or parent can be
identified from the information | ||||||
3 | released and the person to whom the
information is released | ||||||
4 | signs an affidavit agreeing to comply with all
applicable | ||||||
5 | statutes and rules pertaining to school student records;
| ||||||
6 | (5) Pursuant to a court order, provided that the
parent | ||||||
7 | shall be given prompt written notice upon receipt
of such | ||||||
8 | order of the terms of the order, the nature and
substance | ||||||
9 | of the information proposed to be released
in compliance | ||||||
10 | with such order and an opportunity to
inspect and copy the | ||||||
11 | school student records and to
challenge their contents | ||||||
12 | pursuant to Section 7;
| ||||||
13 | (6) To any person as specifically required by State
or | ||||||
14 | federal law;
| ||||||
15 | (6.5) To juvenile authorities
when necessary for the | ||||||
16 | discharge of their official duties
who request information | ||||||
17 | prior to
adjudication of the student and who certify in | ||||||
18 | writing that the information
will not be disclosed to any | ||||||
19 | other party except as provided under law or order
of court. | ||||||
20 | For purposes of this Section "juvenile authorities" means:
| ||||||
21 | (i) a judge of
the circuit court and members of the staff | ||||||
22 | of the court designated by the
judge; (ii) parties to the | ||||||
23 | proceedings under the Juvenile Court Act of 1987 and
their | ||||||
24 | attorneys; (iii) probation
officers and court appointed | ||||||
25 | advocates for the juvenile authorized by the judge
hearing | ||||||
26 | the case; (iv) any individual, public or private agency |
| |||||||
| |||||||
1 | having custody
of the child pursuant to court order; (v) | ||||||
2 | any individual, public or private
agency providing | ||||||
3 | education, medical or mental health service to the child | ||||||
4 | when
the requested information is needed to determine the | ||||||
5 | appropriate service or
treatment for the minor; (vi) any | ||||||
6 | potential placement provider when such
release
is | ||||||
7 | authorized by the court for the limited purpose of | ||||||
8 | determining the
appropriateness of the potential | ||||||
9 | placement; (vii) law enforcement officers and
prosecutors;
| ||||||
10 | (viii) adult and juvenile prisoner review boards; (ix) | ||||||
11 | authorized military
personnel; (x)
individuals authorized | ||||||
12 | by court;
| ||||||
13 | (7) Subject to regulations of the State Board,
in | ||||||
14 | connection with an emergency, to appropriate persons
if the | ||||||
15 | knowledge of such information is necessary to protect
the | ||||||
16 | health or safety of the student or other
persons;
| ||||||
17 | (8) To any person, with the prior specific dated
| ||||||
18 | written consent of the parent designating the person
to | ||||||
19 | whom the records may be released, provided that at
the time | ||||||
20 | any such consent is requested or obtained,
the parent shall | ||||||
21 | be advised in writing that he has the right
to inspect and | ||||||
22 | copy such records in accordance with Section 5, to
| ||||||
23 | challenge their contents in accordance with Section 7 and | ||||||
24 | to limit any such
consent to
designated records or | ||||||
25 | designated portions of the information contained
therein;
| ||||||
26 | (9) To a governmental agency, or social service agency |
| |||||||
| |||||||
1 | contracted by a
governmental agency, in furtherance of an | ||||||
2 | investigation of a student's school
attendance pursuant to | ||||||
3 | the compulsory student attendance laws of this State,
| ||||||
4 | provided that the records are released to the employee or | ||||||
5 | agent designated by
the agency;
| ||||||
6 | (10) To those SHOCAP committee members who fall within | ||||||
7 | the meaning of
"state and local officials and authorities", | ||||||
8 | as those terms are used within the
meaning of the federal | ||||||
9 | Family Educational Rights and Privacy Act, for
the
purposes | ||||||
10 | of identifying serious habitual juvenile offenders and | ||||||
11 | matching those
offenders with community resources pursuant | ||||||
12 | to Section 5-145 of the Juvenile
Court Act of 1987, but | ||||||
13 | only to the extent that the release, transfer,
disclosure, | ||||||
14 | or dissemination is consistent with the Family Educational | ||||||
15 | Rights
and Privacy Act; or
| ||||||
16 | (11) To the Department of Healthcare and Family | ||||||
17 | Services
Public Aid in furtherance of the
requirements of | ||||||
18 | Section 2-3.131, 3-14.29, 10-28, or 34-18.26 of
the School | ||||||
19 | Code or Section 10 of the School Breakfast and Lunch
| ||||||
20 | Program Act.
| ||||||
21 | (b) No information may be released pursuant to | ||||||
22 | subparagraphs (3) or
(6) of paragraph (a) of this Section 6 | ||||||
23 | unless the parent receives
prior written notice of the nature | ||||||
24 | and substance of the information
proposed to be released, and | ||||||
25 | an opportunity to inspect
and copy such records in accordance | ||||||
26 | with Section 5 and to
challenge their contents in accordance |
| |||||||
| |||||||
1 | with Section 7. Provided, however,
that such notice shall be | ||||||
2 | sufficient if published in a local newspaper of
general | ||||||
3 | circulation or other publication directed generally to the | ||||||
4 | parents
involved where the proposed release of information is | ||||||
5 | pursuant to
subparagraph 6 of paragraph (a) in this Section 6 | ||||||
6 | and relates to more
than 25 students.
| ||||||
7 | (c) A record of any release of information pursuant
to this | ||||||
8 | Section must be made and kept as a part of the
school student | ||||||
9 | record and subject to the access granted by Section 5.
Such | ||||||
10 | record of release shall be maintained for the life of the
| ||||||
11 | school student records and shall be available only to the | ||||||
12 | parent
and the official records custodian.
Each record of | ||||||
13 | release shall also include:
| ||||||
14 | (1) The nature and substance of the information | ||||||
15 | released;
| ||||||
16 | (2) The name and signature of the official records
| ||||||
17 | custodian releasing such information;
| ||||||
18 | (3) The name of the person requesting such information,
| ||||||
19 | the capacity in which such a request has been made, and the | ||||||
20 | purpose of such
request;
| ||||||
21 | (4) The date of the release; and
| ||||||
22 | (5) A copy of any consent to such release.
| ||||||
23 | (d) Except for the student and his parents, no person
to | ||||||
24 | whom information is released pursuant to this Section
and no | ||||||
25 | person specifically designated as a representative by a parent
| ||||||
26 | may permit any other person to have access to such information |
| |||||||
| |||||||
1 | without a prior
consent of the parent obtained in accordance | ||||||
2 | with the requirements
of subparagraph (8) of paragraph (a) of | ||||||
3 | this Section.
| ||||||
4 | (e) Nothing contained in this Act shall prohibit the
| ||||||
5 | publication of student directories which list student names, | ||||||
6 | addresses
and other identifying information and similar | ||||||
7 | publications which
comply with regulations issued by the State | ||||||
8 | Board.
| ||||||
9 | (Source: P.A. 93-404, eff. 8-1-03; revised 12-15-05.)
| ||||||
10 | Section 550. The Illinois Peace Corps Fellowship Program | ||||||
11 | Law is amended by changing Section 2-3 as follows:
| ||||||
12 | (105 ILCS 30/2-3) (from Ch. 122, par. 2003)
| ||||||
13 | Sec. 2-3. Program description. The University of Illinois, | ||||||
14 | Southern Illinois University, the several
universities and | ||||||
15 | colleges under the governance of the Board of Governors of
| ||||||
16 | State Colleges and Universities, and the several Regency | ||||||
17 | Universities under
the jurisdiction of the Board of Regents are | ||||||
18 | hereby authorized to become
participants in the Illinois Peace | ||||||
19 | Corps Fellowship Program. Any such
participating public | ||||||
20 | institution of higher education may conduct and
administer this | ||||||
21 | program to augment the number of Illinois public school
| ||||||
22 | teachers by bringing the teaching skills of recently returned | ||||||
23 | United States
Peace Corps volunteers to those school districts, | ||||||
24 | including the school
districts situated within the City of |
| |||||||
| |||||||
1 | Chicago and the City of East St.
Louis or any other school | ||||||
2 | district designated by the State Board of
Education, which | ||||||
3 | enter into cooperative agreements required for
implementation | ||||||
4 | of the program. In designating such school districts, the
State | ||||||
5 | Board of Education may consider districts that have a high | ||||||
6 | proportion
of drop-out students, a high percentage of minority | ||||||
7 | students, a high
proportion of low income families and high | ||||||
8 | truancy rates. The program
shall utilize former United States
| ||||||
9 | State Peace Corps volunteers with two years of
Peace Corps | ||||||
10 | experience by placing them in the designated cooperating school
| ||||||
11 | districts as full time teachers or teacher aides. In return for | ||||||
12 | making a
two-year commitment to teaching and being placed in a | ||||||
13 | full-time salaried
teacher aide or certificated teaching | ||||||
14 | position at a public school located
in a designated cooperating | ||||||
15 | school district, the former Peace Corps
volunteer may be | ||||||
16 | awarded a fellowship to the participating public
institution of | ||||||
17 | higher education to complete (in the case of teacher aides
who | ||||||
18 | are not yet certificated) the courses required for issuance of | ||||||
19 | a
teaching certificate under Article 21 of The School Code, or | ||||||
20 | to pursue a
master's degree program in education. The | ||||||
21 | fellowships may consist of
tuition waivers applicable toward | ||||||
22 | enrollment at the participating public
institution of higher | ||||||
23 | education to complete required courses for teacher
| ||||||
24 | certification and to pursue a master's degree program in | ||||||
25 | education; and the
award of such tuition waivers may be | ||||||
26 | supported by funds and grants made
available to the |
| |||||||
| |||||||
1 | participating university or universities through private
or | ||||||
2 | public sources. A participating university may also consider an
| ||||||
3 | authorization under which all fellowship recipients are | ||||||
4 | allowed to pay
in-state tuition rates while enrolled for credit | ||||||
5 | in a master's degree program.
| ||||||
6 | An annual salary for the fellowship recipient to teach in a | ||||||
7 | designated
school district for a period of two years may be | ||||||
8 | provided by the designated
cooperating school district at which | ||||||
9 | the fellowship recipient shall teach,
and may be set at an | ||||||
10 | amount equal to that paid to other teacher aides and
| ||||||
11 | certificated teachers in a comparable position.
| ||||||
12 | (Source: P.A. 86-1467; revised 10-11-05.)
| ||||||
13 | Section 555. The School Breakfast and Lunch Program Act is | ||||||
14 | amended by changing Section 10 as follows:
| ||||||
15 | (105 ILCS 125/10)
| ||||||
16 | Sec. 10. Sharing information on school lunch applicants. | ||||||
17 | Each
private school that receives funds for free or | ||||||
18 | reduced-price lunches
under this Act shall, whenever requested | ||||||
19 | by the Department of Healthcare and Family Services (formerly
| ||||||
20 | Public Aid ) ,
agree in writing with the Department of Healthcare | ||||||
21 | and Family Services
Public Aid
(as the State agency that | ||||||
22 | administers the State Medical Assistance
Program as provided in | ||||||
23 | Title XIX of the federal Social Security Act and
the State | ||||||
24 | Children's Health Insurance Program as provided in Title XXI of
|
| |||||||
| |||||||
1 | the federal Social Security Act) to share with the Department | ||||||
2 | of Healthcare and Family Services
Public
Aid information on | ||||||
3 | applicants for free or reduced-price lunches. This
sharing of | ||||||
4 | information shall be for the sole purpose of helping the
| ||||||
5 | Department of Healthcare and Family Services
Public Aid
| ||||||
6 | identify and enroll children in the State Medical
Assistance | ||||||
7 | Program or the State Children's Health Insurance Program or
| ||||||
8 | both as allowed under 42 U.S.C. Sec. 1758(b)(2)(C)(iii)(IV) and | ||||||
9 | under the
restrictions set forth in 42 U.S.C. Sec. | ||||||
10 | 1758(b)(2)(C)(vi) and (vii).
| ||||||
11 | (Source: P.A. 93-404, eff. 8-1-03; revised 12-15-05.)
| ||||||
12 | Section 560. The Public Community College Act is amended by | ||||||
13 | changing Section 2-16.08 as follows:
| ||||||
14 | (110 ILCS 805/2-16.08)
| ||||||
15 | Sec. 2-16.08. ICCB Federal Trust Fund. The ICCB Federal | ||||||
16 | Trust
Fund is created as a special fund in the State treasury. | ||||||
17 | Money recovered
from federal programs for general | ||||||
18 | administration that is
are received by the
State Board shall be | ||||||
19 | deposited into the ICCB Federal Trust Fund. All
money in the | ||||||
20 | ICCB Federal Trust Fund shall be used, subject to
appropriation | ||||||
21 | by the General Assembly, by the State Board for the ordinary | ||||||
22 | and
contingent
expenses of the State Board.
| ||||||
23 | (Source: P.A. 93-153, eff. 7-10-03; revised 1-14-04.)
|
| |||||||
| |||||||
1 | Section 565. The Higher Education Loan Act is amended by | ||||||
2 | changing Sections 3, 3.01, and 5 as follows:
| ||||||
3 | (110 ILCS 945/3) (from Ch. 144, par. 1603)
| ||||||
4 | Sec. 3. Definitions. In this Act, unless the context | ||||||
5 | otherwise requires,
the terms specified in Sections 3.01 | ||||||
6 | through 3.13 of this Act and the Illinois
Finance Facilities
| ||||||
7 | Authority Act have the meanings ascribed to them in
those Acts.
| ||||||
8 | (Source: P.A. 93-205, eff. 1-1-04; revised 10-9-03.)
| ||||||
9 | (110 ILCS 945/3.01) (from Ch. 144, par. 1603.01)
| ||||||
10 | Sec. 3.01. Authority. "Authority" means the Illinois State
| ||||||
11 | Finance
Authority created by the Illinois State Finance | ||||||
12 | Authority Act.
| ||||||
13 | (Source: P.A. 93-205, eff. 1-1-04; revised 10-9-03.)
| ||||||
14 | (110 ILCS 945/5) (from Ch. 144, par. 1605)
| ||||||
15 | Sec. 5. Transfer of functions from the Illinois Educational | ||||||
16 | Facilities
Authority to the Illinois Finance Authority. The | ||||||
17 | Illinois Finance Authority
created by the Illinois Finance | ||||||
18 | Authority Act shall succeed to, assume and
exercise all rights, | ||||||
19 | powers, duties and responsibilities formerly exercised by
the | ||||||
20 | Illinois Educational Facilities Authority prior to the | ||||||
21 | abolition of that
Authority by this amendatory Act of the 93rd | ||||||
22 | General Assembly. All books,
records, papers, documents and | ||||||
23 | pending business in any way pertaining to the
former Illinois |
| |||||||
| |||||||
1 | Educational Facilities Authority are transferred to the
| ||||||
2 | Illinois State Finance Authority, but any rights or obligations | ||||||
3 | of
any person under any contract made by, or under any rules, | ||||||
4 | regulations,
uniform standards, criteria and guidelines | ||||||
5 | established or approved by, such
former Illinois Educational | ||||||
6 | Facilities Authority shall be unaffected thereby.
All bonds, | ||||||
7 | notes or other evidences of indebtedness outstanding on the
| ||||||
8 | effective date of this amendatory Act of the 93rd General | ||||||
9 | Assembly shall be
unaffected by the transfer of functions to | ||||||
10 | the Illinois Finance Authority.
No rule, regulation, standard, | ||||||
11 | criteria or guideline promulgated, established
or approved by | ||||||
12 | the former Illinois Educational Facilities Authority pursuant
| ||||||
13 | to an exercise of any right, power, duty or responsibility | ||||||
14 | assumed by and
transferred to the Illinois Finance Authority | ||||||
15 | shall be affected by this
amendatory Act of the 93rd General | ||||||
16 | Assembly, and all such rules, regulations,
standards, criteria | ||||||
17 | and guidelines shall become those of the Illinois Finance
| ||||||
18 | Authority until such time as they are amended or repealed by | ||||||
19 | the Authority.
| ||||||
20 | (Source: P.A. 93-205, eff. 1-1-04; revised 10-9-03.)
| ||||||
21 | Section 570. The Nursing Education Scholarship Law is | ||||||
22 | amended by changing Section 3 as follows:
| ||||||
23 | (110 ILCS 975/3) (from Ch. 144, par. 2753)
| ||||||
24 | Sec. 3. Definitions.
|
| |||||||
| |||||||
1 | The following terms, whenever used or referred to, have the | ||||||
2 | following
meanings except where the context clearly indicates | ||||||
3 | otherwise:
| ||||||
4 | (1) "Board" means the Board of Higher Education created by | ||||||
5 | the Board
of Higher Education Act.
| ||||||
6 | (2) "Department" means the Illinois Department of Public | ||||||
7 | Health.
| ||||||
8 | (3) "Approved institution" means a public community | ||||||
9 | college, private
junior college, hospital-based diploma in | ||||||
10 | nursing
program, or public or private
college or university | ||||||
11 | located in this State that has approval by the Department of | ||||||
12 | Professional
Regulation for an associate degree in nursing
| ||||||
13 | program,
associate degree in applied
sciences in nursing | ||||||
14 | program, hospital-based diploma in nursing
program,
| ||||||
15 | baccalaureate degree in nursing program, graduate degree in | ||||||
16 | nursing program, or
certificate in practical
nursing program.
| ||||||
17 | (4) "Baccalaureate degree in nursing program" means a | ||||||
18 | program offered by
an
approved institution and leading to a | ||||||
19 | bachelor of science degree in nursing.
| ||||||
20 | (5) "Enrollment" means the establishment and maintenance | ||||||
21 | of an
individual's status as a student in an approved | ||||||
22 | institution, regardless of
the terms used at the institution to | ||||||
23 | describe such status.
| ||||||
24 | (6) "Academic year" means the period of time from September | ||||||
25 | 1 of one
year through August 31 of the next year or as | ||||||
26 | otherwise defined by the
academic institution.
|
| |||||||
| |||||||
1 | (7) "Associate degree in nursing program or hospital-based | ||||||
2 | diploma in
nursing program" means a program
offered by an | ||||||
3 | approved institution and leading to an associate
degree in
| ||||||
4 | nursing, associate degree in applied sciences in nursing, or
| ||||||
5 | hospital-based diploma in nursing.
| ||||||
6 | (8) "Graduate degree in nursing program" means a program | ||||||
7 | offered by an approved institution and leading to a master of | ||||||
8 | science degree in nursing or a doctorate of philosophy or | ||||||
9 | doctorate of nursing degree in nursing.
| ||||||
10 | (9) "Director" means the Director of the Illinois | ||||||
11 | Department of Public
Health.
| ||||||
12 | (10) "Accepted for admission" means a student has completed | ||||||
13 | the
requirements for entry into an associate degree in nursing | ||||||
14 | program,
associate degree in applied sciences in nursing | ||||||
15 | program, hospital-based
diploma in nursing program,
| ||||||
16 | baccalaureate degree in nursing program, graduate degree in | ||||||
17 | nursing program, or
certificate in practical nursing program at | ||||||
18 | an approved institution, as
documented by the
institution.
| ||||||
19 | (11) "Fees" means those mandatory charges, in addition to | ||||||
20 | tuition, that
all enrolled students must pay, including | ||||||
21 | required course or lab fees.
| ||||||
22 | (12) "Full-time student" means a student enrolled for at | ||||||
23 | least 12 hours
per
term or as otherwise determined by the | ||||||
24 | academic institution.
| ||||||
25 | (13) "Law" means the Nursing Education Scholarship Law.
| ||||||
26 | (14) "Nursing employment obligation" means employment in |
| |||||||
| |||||||
1 | this State as a
registered
professional
nurse or licensed | ||||||
2 | practical nurse in direct patient care
or as a nurse educator | ||||||
3 | in the case of a graduate degree in nursing program recipient | ||||||
4 | for at least one year for each year of scholarship assistance | ||||||
5 | received through
the Nursing
Education Scholarship Program.
| ||||||
6 | (15) "Part-time student" means a person who is enrolled for | ||||||
7 | at least
one-third of the number of hours required per term by | ||||||
8 | a school for its
full-time students.
| ||||||
9 | (16) "Practical nursing program" means a program offered by | ||||||
10 | an approved
institution leading to a certificate in practical | ||||||
11 | nursing.
| ||||||
12 | (17) "Registered professional nurse" means a
person who is | ||||||
13 | currently licensed as a registered professional nurse
by the | ||||||
14 | Department of Professional
Regulation under the Nursing and | ||||||
15 | Advanced Practice Nursing Act.
| ||||||
16 | (18) "Licensed practical nurse" means a
person who is | ||||||
17 | currently licensed as a licensed practical nurse
by the | ||||||
18 | Department of Professional
Regulation under the Nursing and | ||||||
19 | Advanced Practice Nursing Act.
| ||||||
20 | (19) "School term" means an academic term, such as a | ||||||
21 | semester, quarter,
trimester, or number of clock hours, as | ||||||
22 | defined by an approved institution.
| ||||||
23 | (20) "Student in good standing" means a student maintaining | ||||||
24 | a cumulative
grade point average equivalent to at least the | ||||||
25 | academic grade of a "C".
| ||||||
26 | (21) "Total and permanent disability" means a physical or |
| |||||||
| |||||||
1 | mental impairment,
disease, or loss of a permanent nature that | ||||||
2 | prevents nursing employment with or
without reasonable | ||||||
3 | accommodation. Proof of disability shall be a declaration
from | ||||||
4 | the social security administration, Illinois Workers' | ||||||
5 | Compensation Commission,
Department of Defense, or an insurer | ||||||
6 | authorized to transact business in
Illinois who is providing | ||||||
7 | disability insurance coverage to a contractor.
| ||||||
8 | (22) "Tuition" means the established charges of an | ||||||
9 | institution of higher
learning for instruction at that | ||||||
10 | institution.
| ||||||
11 | (23) "Nurse educator" means a person who is currently | ||||||
12 | licensed as a registered nurse by the Department of | ||||||
13 | Professional Regulation under the Nursing and Advanced | ||||||
14 | Practice Nursing Act, who has a graduate degree in nursing, and | ||||||
15 | who is employed by an approved academic institution to educate | ||||||
16 | registered nursing students, licensed practical nursing | ||||||
17 | students, and registered nurses pursuing graduate degrees.
| ||||||
18 | (Source: P.A. 92-43, eff. 1-1-02; 93-721, eff. 1-1-05; 93-879, | ||||||
19 | eff. 1-1-05; revised 10-25-04.)
| ||||||
20 | Section 575. The Illinois Educational Labor Relations Act | ||||||
21 | is amended by changing Sections 2 and 7 as follows:
| ||||||
22 | (115 ILCS 5/2) (from Ch. 48, par. 1702)
| ||||||
23 | Sec. 2. Definitions. As used in this Act:
| ||||||
24 | (a) "Educational employer"
or "employer" means the |
| |||||||
| |||||||
1 | governing body of a public school district, combination
of | ||||||
2 | public school districts, including the governing body of joint | ||||||
3 | agreements
of any type formed by 2 or more school districts, | ||||||
4 | public community college
district or State college or | ||||||
5 | university, and any State agency whose major
function is | ||||||
6 | providing educational services.
"Educational employer" or | ||||||
7 | "employer" does not include a Financial Oversight
Panel created | ||||||
8 | pursuant to Section 1A-8 of the School Code due to a
district
| ||||||
9 | violating a financial plan but does include a School Finance | ||||||
10 | Authority
created
under Article 1E or 1F of the School Code.
| ||||||
11 | (b) "Educational employee" or "employee" means any | ||||||
12 | individual, excluding
supervisors, managerial, confidential, | ||||||
13 | short term employees, student, and
part-time academic | ||||||
14 | employees of community colleges employed full or part
time by | ||||||
15 | an educational employer, but shall not include elected | ||||||
16 | officials
and appointees of the Governor with the advice and | ||||||
17 | consent of the Senate,
firefighters as defined by subsection | ||||||
18 | (g-1) of Section 3 of the Illinois
Public Labor Relations Act, | ||||||
19 | and peace officers employed by a State
university. For the | ||||||
20 | purposes of this Act, part-time
academic employees of community | ||||||
21 | colleges shall be defined as those
employees who provide less | ||||||
22 | than 3 credit hours of instruction per
academic
semester. In | ||||||
23 | this subsection (b), the term "student"
includes graduate | ||||||
24 | students who are research assistants primarily
performing | ||||||
25 | duties that involve research or graduate assistants primarily
| ||||||
26 | performing duties that are pre-professional, but excludes |
| |||||||
| |||||||
1 | graduate
students who are teaching assistants primarily | ||||||
2 | performing duties that
involve the delivery and support of | ||||||
3 | instruction and all other graduate
assistants.
| ||||||
4 | (c) "Employee organization" or "labor organization" means | ||||||
5 | an organization
of any kind in which membership includes | ||||||
6 | educational employees, and which
exists for the purpose, in | ||||||
7 | whole or in part, of dealing with employers
concerning | ||||||
8 | grievances, employee-employer disputes, wages, rates of pay,
| ||||||
9 | hours of employment, or conditions of work, but shall not | ||||||
10 | include any
organization which practices discrimination in | ||||||
11 | membership because of race,
color, creed, age, gender, national | ||||||
12 | origin or political affiliation.
| ||||||
13 | (d) "Exclusive representative" means the labor | ||||||
14 | organization which has
been designated by the Illinois | ||||||
15 | Educational Labor Relations Board as the
representative of the | ||||||
16 | majority of educational employees in an appropriate
unit, or | ||||||
17 | recognized by an educational employer prior to January 1, 1984 | ||||||
18 | as
the exclusive representative of the employees in an | ||||||
19 | appropriate unit or,
after January 1, 1984, recognized by an | ||||||
20 | employer upon evidence that the
employee organization has been | ||||||
21 | designated as the exclusive representative
by a majority of the | ||||||
22 | employees in an appropriate unit.
| ||||||
23 | (e) "Board" means the Illinois Educational Labor Relations | ||||||
24 | Board.
| ||||||
25 | (f) "Regional Superintendent" means the regional | ||||||
26 | superintendent of
schools provided for in Articles 3 and 3A of |
| |||||||
| |||||||
1 | The School Code.
| ||||||
2 | (g) "Supervisor" means any individual having authority in | ||||||
3 | the interests
of the employer to hire, transfer, suspend, lay | ||||||
4 | off, recall, promote,
discharge, reward or discipline other | ||||||
5 | employees within the appropriate
bargaining unit and adjust | ||||||
6 | their grievances, or to effectively recommend
such action if | ||||||
7 | the exercise of such authority is not of a merely routine or
| ||||||
8 | clerical nature but requires the use of independent judgment. | ||||||
9 | The term
"supervisor" includes only those individuals who | ||||||
10 | devote a preponderance of
their employment time to such | ||||||
11 | exercising authority.
| ||||||
12 | (h) "Unfair labor practice" or "unfair practice" means any | ||||||
13 | practice
prohibited by Section 14 of this Act.
| ||||||
14 | (i) "Person" includes an individual, educational employee, | ||||||
15 | educational
employer, legal representative, or employee | ||||||
16 | organization.
| ||||||
17 | (j) "Wages" means salaries or other forms of compensation | ||||||
18 | for services
rendered.
| ||||||
19 | (k) "Professional employee" means, in the case of a public | ||||||
20 | community
college, State college or university, State agency | ||||||
21 | whose major function is
providing educational services, the | ||||||
22 | Illinois School for the Deaf, and the
Illinois School for the | ||||||
23 | Visually Impaired, (1) any employee engaged in work
(i) | ||||||
24 | predominantly intellectual and varied in character as opposed | ||||||
25 | to
routine mental, manual, mechanical, or physical work; (ii) | ||||||
26 | involving the
consistent exercise of discretion and judgment in |
| |||||||
| |||||||
1 | its performance; (iii) of
such character that the output | ||||||
2 | produced or the result accomplished cannot
be standardized in | ||||||
3 | relation to a given period of time; and (iv) requiring
| ||||||
4 | knowledge of an advanced type in a field of science or learning | ||||||
5 | customarily
acquired by a prolonged course of specialized | ||||||
6 | intellectual instruction and
study in an institution of higher | ||||||
7 | learning or a hospital, as distinguished
from a general | ||||||
8 | academic education or from an apprenticeship or from training
| ||||||
9 | in the performance of routine mental, manual, or physical | ||||||
10 | processes; or
(2) any employee, who (i) has completed the | ||||||
11 | courses of specialized
intellectual instruction and study | ||||||
12 | described in clause (iv) of paragraph
(1) of this subsection, | ||||||
13 | and (ii) is performing related work under the
supervision of a | ||||||
14 | professional person to qualify himself or herself to
become a | ||||||
15 | professional as defined in paragraph (l).
| ||||||
16 | (l) "Professional employee" means, in the case of any | ||||||
17 | public school
district, or combination of school districts | ||||||
18 | pursuant to joint agreement,
any employee who has a certificate | ||||||
19 | issued under Article 21 or Section 34-83
of the School Code, as | ||||||
20 | now or hereafter amended.
| ||||||
21 | (m) "Unit" or "bargaining unit" means any group of | ||||||
22 | employees for which
an exclusive representative is selected.
| ||||||
23 | (n) "Confidential employee" means an employee, who (i) in | ||||||
24 | the regular
course of his or her duties, assists and acts in a | ||||||
25 | confidential capacity to
persons who formulate, determine and | ||||||
26 | effectuate management policies with
regard to labor relations |
| |||||||
| |||||||
1 | or who (ii) in the regular course of his or her
duties has | ||||||
2 | access to information relating to the effectuation or review of
| ||||||
3 | the employer's collective bargaining policies.
| ||||||
4 | (o) "Managerial employee" means an individual who is | ||||||
5 | engaged
predominantly in executive and management functions | ||||||
6 | and is charged with the
responsibility of directing the | ||||||
7 | effectuation of such management policies and
practices.
| ||||||
8 | (p) "Craft employee" means a skilled journeyman, craft | ||||||
9 | person, and his
or her apprentice or helper.
| ||||||
10 | (q) "Short-term employee" is an employee who is employed | ||||||
11 | for less than
2 consecutive calendar quarters during a calendar | ||||||
12 | year and who does not
have a reasonable expectation that he or | ||||||
13 | she will be rehired by the same
employer for the same service | ||||||
14 | in a subsequent calendar year. Nothing in
this subsection shall | ||||||
15 | affect the employee status of individuals who were
covered by a | ||||||
16 | collective bargaining agreement on the effective date of this
| ||||||
17 | amendatory Act of 1991.
| ||||||
18 | (Source: P.A. 92-547, eff. 6-13-02; 92-748, eff. 1-1-03; | ||||||
19 | 93-314, eff. 1-1-04;
93-501, eff. 8-11-03; 93-1044, eff. | ||||||
20 | 10-14-04; revised 10-25-04.)
| ||||||
21 | (115 ILCS 5/7) (from Ch. 48, par. 1707)
| ||||||
22 | Sec. 7. Recognition of exclusive bargaining | ||||||
23 | representatives - unit
determination. The Board is empowered to | ||||||
24 | administer the
recognition of bargaining representatives of | ||||||
25 | employees of public school
districts, including employees of |
| |||||||
| |||||||
1 | districts which have entered into joint
agreements, or | ||||||
2 | employees of public community college districts, or any
State | ||||||
3 | college or university, and any State agency whose major | ||||||
4 | function is
providing educational services, making certain | ||||||
5 | that each bargaining unit
contains employees with an | ||||||
6 | identifiable community of interest and that no unit
includes | ||||||
7 | both professional employees and nonprofessional employees | ||||||
8 | unless a
majority of employees in each group vote for inclusion | ||||||
9 | in the unit.
| ||||||
10 | (a) In determining the appropriateness of a unit, the Board
| ||||||
11 | shall decide in each case, in order to ensure employees the | ||||||
12 | fullest freedom
in exercising the rights guaranteed by this | ||||||
13 | Act, the unit appropriate for
the purpose of collective | ||||||
14 | bargaining, based upon but not limited to such
factors as | ||||||
15 | historical pattern of recognition, community of interest, | ||||||
16 | including
employee skills and functions, degree of functional | ||||||
17 | integration,
interchangeability and contact among employees, | ||||||
18 | common supervision, wages,
hours and other working conditions | ||||||
19 | of the employees involved, and the desires
of the employees. | ||||||
20 | Nothing in this Act, except as herein provided, shall
interfere | ||||||
21 | with or negate the
current representation rights or patterns | ||||||
22 | and practices of employee
organizations which have | ||||||
23 | historically represented employees for the purposes of
| ||||||
24 | collective bargaining, including but not limited to the | ||||||
25 | negotiations of wages,
hours and working conditions, | ||||||
26 | resolutions of employees' grievances, or
resolution of |
| |||||||
| |||||||
1 | jurisdictional disputes, or the establishment and maintenance | ||||||
2 | of
prevailing wage rates, unless a majority of the employees so | ||||||
3 | represented
expresses a contrary desire under the procedures | ||||||
4 | set forth in this Act. This
Section, however, does not prohibit | ||||||
5 | multi-unit bargaining. Notwithstanding the
above factors, | ||||||
6 | where the majority of public employees of a craft so decide, | ||||||
7 | the
Board shall designate such craft as a unit appropriate for | ||||||
8 | the purposes of
collective bargaining.
| ||||||
9 | The sole appropriate bargaining unit for tenured and | ||||||
10 | tenure-track
academic faculty at
each campus
of
the
University | ||||||
11 | of Illinois shall be a unit that is comprised of
| ||||||
12 | non-supervisory academic faculty employed more than half-time | ||||||
13 | and
that includes all tenured and tenure-track
faculty
of that | ||||||
14 | University campus employed by the board of trustees in all of | ||||||
15 | the campus's undergraduate, graduate, and
professional
schools | ||||||
16 | and degree and non-degree programs
(with the exception of the | ||||||
17 | college of medicine, the college of pharmacy,
the college of | ||||||
18 | dentistry, the college of law, and the college of veterinary
| ||||||
19 | medicine, each of which shall have its own separate unit), | ||||||
20 | regardless of
current
or
historical representation rights or | ||||||
21 | patterns or the application of any
other factors. Any decision, | ||||||
22 | rule, or regulation promulgated by the
Board to the contrary | ||||||
23 | shall be null and void.
| ||||||
24 | (b) An educational employer shall voluntarily recognize a | ||||||
25 | labor organization
for collective bargaining purposes if that | ||||||
26 | organization appears to represent
a majority of employees in |
| |||||||
| |||||||
1 | the unit. The employer shall post notice
of its intent to so | ||||||
2 | recognize for a period of at least 20 school days on
bulletin | ||||||
3 | boards or other places used or reserved for employee notices.
| ||||||
4 | Thereafter, the employer, if satisfied as to the majority | ||||||
5 | status of the
employee organization, shall send written | ||||||
6 | notification of such recognition
to the Board for | ||||||
7 | certification.
Any dispute regarding the majority status of
a | ||||||
8 | labor organization shall be
resolved by the Board which shall | ||||||
9 | make the determination of majority
status.
| ||||||
10 | Within the 20 day notice period, however, any other | ||||||
11 | interested employee
organization may petition the Board to seek | ||||||
12 | recognition as the exclusive
representative of the unit in the | ||||||
13 | manner specified by rules and regulations
prescribed by the | ||||||
14 | Board, if such interested employee organization has been
| ||||||
15 | designated by at least 15% of the employees in an appropriate | ||||||
16 | bargaining unit
which includes all or some of the employees in | ||||||
17 | the unit intended to be
recognized by the employer. In such | ||||||
18 | event, the Board shall proceed with the
petition in the same | ||||||
19 | manner as provided in paragraph (c) of this Section.
| ||||||
20 | (c) A labor organization may also gain recognition as the | ||||||
21 | exclusive
representative by an election of the employees in the | ||||||
22 | unit. Petitions
requesting an election may be filed with the | ||||||
23 | Board:
| ||||||
24 | (1) by an employee or group of employees or any labor | ||||||
25 | organizations acting
on their behalf alleging and | ||||||
26 | presenting evidence that 30% or more of the
employees in a |
| |||||||
| |||||||
1 | bargaining unit wish to be represented for collective | ||||||
2 | bargaining
or that the labor organization which has been | ||||||
3 | acting as the exclusive
bargaining representative is no | ||||||
4 | longer representative of a majority of the
employees in the | ||||||
5 | unit; or
| ||||||
6 | (2) by an employer alleging that one or more labor | ||||||
7 | organizations have
presented a claim to be recognized as an | ||||||
8 | exclusive bargaining representative
of a majority of the | ||||||
9 | employees in an appropriate unit and that it doubts
the | ||||||
10 | majority status of any of the organizations or that it | ||||||
11 | doubts the majority
status of an exclusive bargaining | ||||||
12 | representative.
| ||||||
13 | The Board shall investigate the petition and if it has | ||||||
14 | reasonable cause to
suspect that a question of representation | ||||||
15 | exists, it shall give notice and
conduct a hearing. If it finds | ||||||
16 | upon the record of the hearing that a question
of | ||||||
17 | representation exists, it shall direct an election, which shall | ||||||
18 | be held no
later than 90 days after the date the petition was | ||||||
19 | filed. Nothing prohibits
the waiving of hearings by the parties | ||||||
20 | and the conduct of consent elections.
| ||||||
21 | (c-5) The Board shall designate an exclusive | ||||||
22 | representative for purposes
of
collective bargaining when the | ||||||
23 | representative demonstrates a showing of
majority interest by | ||||||
24 | employees in the unit. If the parties to a dispute are
without
| ||||||
25 | agreement on the means to ascertain the choice, if any, of | ||||||
26 | employee
organization as their representative, the Board shall |
| |||||||
| |||||||
1 | ascertain the employees'
choice of
employee organization, on | ||||||
2 | the basis of dues deduction authorization and other
evidence, | ||||||
3 | or, if necessary, by conducting an election. If either party | ||||||
4 | provides
to the Board, before the designation of a | ||||||
5 | representative, clear and convincing
evidence that the dues | ||||||
6 | deduction authorizations, and other evidence upon which
the | ||||||
7 | Board would otherwise rely to ascertain the employees' choice | ||||||
8 | of
representative, are fraudulent or were obtained through | ||||||
9 | coercion, the Board
shall promptly thereafter conduct an | ||||||
10 | election. The Board shall also investigate
and consider a | ||||||
11 | party's allegations that the dues deduction authorizations and
| ||||||
12 | other evidence submitted in support of a designation of | ||||||
13 | representative without
an election were subsequently changed, | ||||||
14 | altered, withdrawn, or withheld as a
result of employer fraud, | ||||||
15 | coercion, or any other unfair labor practice by the
employer. | ||||||
16 | If the Board determines that a labor organization would have | ||||||
17 | had a
majority interest but for an employer's fraud, coercion, | ||||||
18 | or unfair labor
practice, it shall designate the labor | ||||||
19 | organization as an exclusive
representative without conducting | ||||||
20 | an election.
| ||||||
21 | (d) An order of the Board dismissing a representation | ||||||
22 | petition, determining
and certifying that a labor organization | ||||||
23 | has been fairly and freely chosen by a
majority of employees in | ||||||
24 | an appropriate bargaining unit, determining and
certifying | ||||||
25 | that a labor organization has not been fairly and freely chosen | ||||||
26 | by a
majority of employees in the bargaining unit or certifying |
| |||||||
| |||||||
1 | a labor organization
as the exclusive representative of | ||||||
2 | employees in an appropriate bargaining unit
because of a | ||||||
3 | determination by the Board that the labor organization is the
| ||||||
4 | historical bargaining representative of employees in the | ||||||
5 | bargaining unit,
is a final order. Any person aggrieved by any | ||||||
6 | such order issued on or after
the effective date of this | ||||||
7 | amendatory Act of 1987 may apply for and obtain
judicial review | ||||||
8 | in accordance with provisions of the Administrative Review Law,
| ||||||
9 | as now or hereafter amended, except that such review shall be | ||||||
10 | afforded directly
in the Appellate Court of a judicial district | ||||||
11 | in which the Board maintains an
office. Any direct appeal to | ||||||
12 | the Appellate Court shall be filed within 35 days
from the date | ||||||
13 | that a copy of the decision sought to be reviewed was served | ||||||
14 | upon
the party affected by the decision.
| ||||||
15 | No election may be conducted in any bargaining unit during | ||||||
16 | the term of
a collective bargaining agreement covering such | ||||||
17 | unit or subdivision thereof,
except the Board may direct an | ||||||
18 | election after the filing
of a petition between January 15 and | ||||||
19 | March 1 of the final year of a collective
bargaining agreement. | ||||||
20 | Nothing in this Section prohibits the negotiation
of a | ||||||
21 | collective bargaining agreement covering a period not | ||||||
22 | exceeding 3 years.
A collective bargaining agreement of less | ||||||
23 | than 3 years may be extended up
to 3 years by the parties if the | ||||||
24 | extension is agreed to in writing before
the filing of a | ||||||
25 | petition under this Section. In such case, the final year
of | ||||||
26 | the extension is the final year of the collective bargaining |
| |||||||
| |||||||
1 | agreement.
No election may be conducted in a bargaining unit, | ||||||
2 | or subdivision thereof,
in which a valid election has been held | ||||||
3 | within the preceding 12 month period.
| ||||||
4 | (Source: P.A. 93-444, eff. 8-5-03; 93-445, eff. 1-1-04; revised | ||||||
5 | 9-11-03.)
| ||||||
6 | Section 580. The Illinois Banking Act is amended by | ||||||
7 | changing Section 48.4 as follows:
| ||||||
8 | (205 ILCS 5/48.4)
| ||||||
9 | Sec. 48.4. Enforcement of child support. | ||||||
10 | (a) Any bank
governed by this Act shall encumber or | ||||||
11 | surrender accounts or assets held by the
bank on behalf of any | ||||||
12 | responsible relative who is subject to a child support
lien, | ||||||
13 | upon notice of the lien or levy of the Department of Healthcare | ||||||
14 | and Family Services (formerly Illinois Department of Public | ||||||
15 | Aid )
or its successor agency pursuant to Section 10-25.5 of the | ||||||
16 | Illinois Public Aid
Code, or upon notice of interstate lien or | ||||||
17 | levy from any other state's
agency
responsible for implementing | ||||||
18 | the child support enforcement program set forth in
Title IV, | ||||||
19 | Part D of the Social Security Act.
| ||||||
20 | (b) Within 90 days after receiving notice from the | ||||||
21 | Department of Healthcare and Family Services (formerly
| ||||||
22 | Department of Public Aid ) that the Department has adopted a | ||||||
23 | child support enforcement debit authorization form as required | ||||||
24 | under the Illinois Public Aid Code, each bank governed by this |
| |||||||
| |||||||
1 | Act shall take all appropriate steps to implement the use of | ||||||
2 | the form in relation to accounts held by the bank. Upon | ||||||
3 | receiving from the Department of Healthcare and Family Services | ||||||
4 | (formerly Department of Public Aid ) a copy of a child support | ||||||
5 | enforcement debit authorization form signed by an obligor, a | ||||||
6 | bank holding an account on behalf of the obligor shall debit | ||||||
7 | the account and transfer the debited amounts to the State | ||||||
8 | Disbursement Unit according to the instructions in the child | ||||||
9 | support enforcement debit authorization form.
| ||||||
10 | (Source: P.A. 92-811, eff. 8-21-02; 93-736, eff. 7-14-04; | ||||||
11 | revised 12-15-05.)
| ||||||
12 | Section 585. The Illinois Savings and Loan Act of 1985 is | ||||||
13 | amended by changing Section 1-6d and by setting forth and | ||||||
14 | renumbering multiple versions of Section 1-6e as follows:
| ||||||
15 | (205 ILCS 105/1-6d)
| ||||||
16 | Sec. 1-6d. Enforcement of child support. | ||||||
17 | (a) Any
association governed by this Act shall encumber or | ||||||
18 | surrender accounts or assets
held by the association on behalf | ||||||
19 | of any responsible relative who is subject to
a child support | ||||||
20 | lien, upon notice of the lien or levy of the Department of | ||||||
21 | Healthcare and Family Services (formerly Illinois
Department | ||||||
22 | of Public Aid ) or its successor agency pursuant to Section | ||||||
23 | 10-25.5
of the Illinois Public Aid Code, or upon notice of | ||||||
24 | interstate lien or levy
from any
other state's agency |
| |||||||
| |||||||
1 | responsible for implementing the child support enforcement
| ||||||
2 | program set forth in Title IV, Part D of the Social Security | ||||||
3 | Act.
| ||||||
4 | (b) Within 90 days after receiving notice from the | ||||||
5 | Department of Healthcare and Family Services (formerly
| ||||||
6 | Department of Public Aid ) that the Department has adopted a | ||||||
7 | child support enforcement debit authorization form as required | ||||||
8 | under the Illinois Public Aid Code, each association governed | ||||||
9 | by this Act shall take all appropriate steps to implement the | ||||||
10 | use of the form in relation to accounts held by the | ||||||
11 | association. Upon receiving from the Department of Healthcare | ||||||
12 | and Family Services (formerly Department of Public Aid ) a copy | ||||||
13 | of a child support enforcement debit authorization form signed | ||||||
14 | by an obligor, an association holding an account on behalf of | ||||||
15 | the obligor shall debit the account and transfer the debited | ||||||
16 | amounts to the State Disbursement Unit according to the | ||||||
17 | instructions in the child support enforcement debit | ||||||
18 | authorization form.
| ||||||
19 | (Source: P.A. 92-811, eff. 8-21-02; 93-736, eff. 7-14-04; | ||||||
20 | revised 12-15-05.)
| ||||||
21 | (205 ILCS 105/1-6e)
| ||||||
22 | Sec. 1-6e. Reverse mortgage; disclosure. At the time a | ||||||
23 | reverse mortgage
loan is made, the lender must provide to the | ||||||
24 | mortgagor a separate document
that informs the mortgagor that | ||||||
25 | by obtaining the reverse mortgage the
mortgagor's eligibility |
| |||||||
| |||||||
1 | to obtain a tax deferral under the Senior Citizens Real
Estate | ||||||
2 | Tax Deferral Act may be adversely affected. The mortgagor must | ||||||
3 | sign
the disclosure document as part of the reverse mortgage | ||||||
4 | transaction.
| ||||||
5 | (Source: P.A. 92-577, eff. 6-26-02.)
| ||||||
6 | (205 ILCS 105/1-6f)
| ||||||
7 | Sec. 1-6f
1-6e . Non-English language transactions. An | ||||||
8 | association
may conduct
transactions in a language other than | ||||||
9 | English through an employee or agent
acting as interpreter or | ||||||
10 | through an interpreter provided by the customer.
| ||||||
11 | (Source: P.A. 92-578, eff. 6-26-02; revised 9-3-02.)
| ||||||
12 | Section 590. The Savings Bank Act is amended by changing | ||||||
13 | Section 7007 as follows:
| ||||||
14 | (205 ILCS 205/7007)
| ||||||
15 | Sec. 7007. Enforcement of child support. | ||||||
16 | (a) Any savings
bank governed by this Act shall encumber or | ||||||
17 | surrender accounts or assets
held by the savings bank on behalf | ||||||
18 | of any responsible relative who is subject
to
a child support | ||||||
19 | lien, upon notice of the lien or levy of the Department of | ||||||
20 | Healthcare and Family Services (formerly Illinois
Department | ||||||
21 | of Public Aid ) or its successor agency pursuant to Section | ||||||
22 | 10-25.5
of the Illinois Public Aid Code, or upon notice of | ||||||
23 | interstate lien or levy
from any
other state's agency |
| |||||||
| |||||||
1 | responsible for implementing the child support enforcement
| ||||||
2 | program set forth in Title IV, Part D of the Social Security | ||||||
3 | Act.
| ||||||
4 | (b) Within 90 days after receiving notice from the | ||||||
5 | Department of Healthcare and Family Services (formerly
| ||||||
6 | Department of Public Aid ) that the Department has adopted a | ||||||
7 | child support enforcement debit authorization form as required | ||||||
8 | under the Illinois Public Aid Code, each savings bank governed | ||||||
9 | by this Act shall take all appropriate steps to implement the | ||||||
10 | use of the form in relation to accounts held by the savings | ||||||
11 | bank. Upon receiving from the Department of Healthcare and | ||||||
12 | Family Services (formerly Department of Public Aid ) a copy of a | ||||||
13 | child support enforcement debit authorization form signed by an | ||||||
14 | obligor, a savings bank holding an account on behalf of the | ||||||
15 | obligor shall debit the account and transfer the debited | ||||||
16 | amounts to the State Disbursement Unit according to the | ||||||
17 | instructions in the child support enforcement debit | ||||||
18 | authorization form.
| ||||||
19 | (Source: P.A. 92-811, eff. 8-21-02; 93-736, eff. 7-14-04; | ||||||
20 | revised 12-15-05.)
| ||||||
21 | Section 595. The Illinois Credit Union Act is amended by | ||||||
22 | changing Section 43.1 as follows:
| ||||||
23 | (205 ILCS 305/43.1)
| ||||||
24 | Sec. 43.1. Enforcement of child support. |
| |||||||
| |||||||
1 | (a) Any credit
union governed by this Act shall encumber or | ||||||
2 | surrender accounts or assets
held by the credit union on behalf | ||||||
3 | of any responsible relative who is subject
to
a child support | ||||||
4 | lien, upon notice of the lien or levy of the Department of | ||||||
5 | Healthcare and Family Services (formerly Illinois
Department | ||||||
6 | of Public Aid ) or its successor agency pursuant to Section | ||||||
7 | 10-25.5
of the Illinois Public Aid Code, or upon notice of | ||||||
8 | interstate lien from any
other state's agency responsible for | ||||||
9 | implementing the child support enforcement
program set forth in | ||||||
10 | Title IV, Part D of the Social Security Act.
| ||||||
11 | (b) Within 90 days after receiving notice from the | ||||||
12 | Department of Healthcare and Family Services (formerly
| ||||||
13 | Department of Public Aid ) that the Department has adopted a | ||||||
14 | child support enforcement debit authorization form as required | ||||||
15 | under the Illinois Public Aid Code, each credit union governed | ||||||
16 | by this Act shall take all appropriate steps to implement the | ||||||
17 | use of the form in relation to accounts held by the credit | ||||||
18 | union. Upon receiving from the Department of Healthcare and | ||||||
19 | Family Services (formerly Department of Public Aid ) a copy of a | ||||||
20 | child support enforcement debit authorization form signed by an | ||||||
21 | obligor, a credit union holding an account on behalf of the | ||||||
22 | obligor shall debit the account and transfer the debited | ||||||
23 | amounts to the State Disbursement Unit according to the | ||||||
24 | instructions in the child support enforcement debit | ||||||
25 | authorization form.
| ||||||
26 | (Source: P.A. 93-736, eff. 7-14-04; revised 12-15-05.)
|
| |||||||
| |||||||
1 | Section 600. The Residential Mortgage License Act of 1987 | ||||||
2 | is amended by changing Section 2-4 as follows:
| ||||||
3 | (205 ILCS 635/2-4) (from Ch. 17, par. 2322-4)
| ||||||
4 | Sec. 2-4. Averments of Licensee. Each application for | ||||||
5 | license or for the
renewal of a license shall be accompanied by | ||||||
6 | the following averments stating
that the applicant:
| ||||||
7 | (a) Will maintain at least one full service office | ||||||
8 | within the
State of Illinois pursuant to Section 3-4 of | ||||||
9 | this Act;
| ||||||
10 | (b) Will maintain staff reasonably adequate to meet the | ||||||
11 | requirements of
Section 3-4 of this Act;
| ||||||
12 | (c) Will keep and maintain for 36 months the same | ||||||
13 | written records
as required by the federal Equal Credit | ||||||
14 | Opportunity Act, and any other
information required by | ||||||
15 | regulations of the Commissioner regarding any home
| ||||||
16 | mortgage in the course of the conduct of its residential | ||||||
17 | mortgage business;
| ||||||
18 | (d) Will file with the Commissioner, when due, any | ||||||
19 | report or reports
which it is required to file under any of | ||||||
20 | the provisions of this Act;
| ||||||
21 | (e) Will not engage, whether as principal or agent, in | ||||||
22 | the practice of
rejecting residential mortgage | ||||||
23 | applications without reasonable cause, or
varying terms or | ||||||
24 | application procedures without reasonable cause, for home
|
| |||||||
| |||||||
1 | mortgages on real estate within any specific geographic | ||||||
2 | area from the terms
or procedures generally provided by the | ||||||
3 | licensee within other geographic
areas of the State;
| ||||||
4 | (f) Will not engage in fraudulent home mortgage | ||||||
5 | underwriting practices;
| ||||||
6 | (g) Will not make payment, whether directly or | ||||||
7 | indirectly, of any kind
to any in house or fee appraiser of | ||||||
8 | any government or private money lending
agency with which | ||||||
9 | an application for a home mortgage has been filed for the
| ||||||
10 | purpose of influencing the independent judgment of the | ||||||
11 | appraiser with respect
to the value of any real estate | ||||||
12 | which is to be covered by such home mortgage;
| ||||||
13 | (h) Has filed tax returns (State and Federal) for the | ||||||
14 | past 3
years or filed with the Commissioner an accountant's | ||||||
15 | or attorney's
statement as to why no return was filed;
| ||||||
16 | (i) Will not engage in any discrimination or redlining | ||||||
17 | activities
prohibited by Section 3-8 of this Act;
| ||||||
18 | (j) Will not knowingly make any false promises likely | ||||||
19 | to influence or
persuade, or pursue a course of | ||||||
20 | misrepresentation and false promises
through agents, | ||||||
21 | solicitors, advertising or otherwise;
| ||||||
22 | (k) Will not knowingly misrepresent, circumvent or | ||||||
23 | conceal, through
whatever subterfuge or device, any of the | ||||||
24 | material particulars or the
nature thereof, regarding a | ||||||
25 | transaction to which it is a party to the
injury of another | ||||||
26 | party thereto;
|
| |||||||
| |||||||
1 | (l) Will disburse funds in accordance with its | ||||||
2 | agreements;
| ||||||
3 | (m) Has not committed a crime against the law of this | ||||||
4 | State, any other
state or of the United States, involving | ||||||
5 | moral turpitude, fraudulent or
dishonest dealing, and that | ||||||
6 | no final judgment has been entered against it in
a civil | ||||||
7 | action upon grounds of fraud, misrepresentation or deceit | ||||||
8 | which has
not been previously reported to the Commissioner;
| ||||||
9 | (n) Will account or deliver to any person any personal | ||||||
10 | property such as
money, fund, deposit, check, draft, | ||||||
11 | mortgage, other document or thing of
value, which has come | ||||||
12 | into its possession, and which is not its property,
or | ||||||
13 | which it is not in law or equity entitled to retain under | ||||||
14 | the
circumstances, at the time which has been agreed upon | ||||||
15 | or is required
by law, or, in the absence of a fixed time, | ||||||
16 | upon demand of the person
entitled to such accounting and | ||||||
17 | delivery;
| ||||||
18 | (o) Has not engaged in any conduct which would be cause | ||||||
19 | for denial of a
license;
| ||||||
20 | (p) Has not become insolvent;
| ||||||
21 | (q) Has not submitted an application for a license | ||||||
22 | under this Act which
contains a material misstatement;
| ||||||
23 | (r) Has not demonstrated by course of conduct, | ||||||
24 | negligence or incompetence
in performing any act for which | ||||||
25 | it is required to hold a license under this
Act;
| ||||||
26 | (s) Will advise the Commissioner in writing of any |
| |||||||
| |||||||
1 | changes to the
information submitted on the most recent | ||||||
2 | application for license within 30
days of said change. The | ||||||
3 | written notice must be signed in the same form as
the | ||||||
4 | application for license being amended;
| ||||||
5 | (t) Will comply with the provisions of this Act, or | ||||||
6 | with any lawful
order, rule or regulation made or issued | ||||||
7 | under the provisions of this Act;
| ||||||
8 | (u) Will submit to periodic examination by the | ||||||
9 | Commissioner as required
by this Act;
| ||||||
10 | (v) Will advise the Commissioner in writing of | ||||||
11 | judgments entered
against, and bankruptcy petitions by, | ||||||
12 | the license applicant within 5
days of occurrence;
| ||||||
13 | (w) Will advise the Commissioner in writing within 30 | ||||||
14 | days when the
license applicant requests a licensee under | ||||||
15 | this Act to repurchase a loan, and
the circumstances | ||||||
16 | therefor; and
| ||||||
17 | (x) Will advise the Commissioner in writing within 30 | ||||||
18 | days when the
license applicant is requested by another | ||||||
19 | entity to repurchase a loan, and the
circumstances | ||||||
20 | therefor ; .
| ||||||
21 | (y) Will at all times act in a manner consistent with | ||||||
22 | subsections (a) and
(b) of Section 1-2 of this Act ; and .
| ||||||
23 | (z) (x) Will not knowingly hire or employ a loan | ||||||
24 | originator who is
not registered with the Commissioner as | ||||||
25 | required under Section 7-1 of this Act.
| ||||||
26 | A licensee who fails to fulfill obligations of an averment, |
| |||||||
| |||||||
1 | to comply with
averments made, or otherwise violates any of the | ||||||
2 | averments made under this
Section shall be subject to the | ||||||
3 | penalties in Section 4-5 of this Act.
| ||||||
4 | (Source: P.A. 93-561, eff. 1-1-04; revised 10-9-03.)
| ||||||
5 | Section 605. The Foreign Banking Office Act is amended by | ||||||
6 | changing Section 20 as follows:
| ||||||
7 | (205 ILCS 645/20)
| ||||||
8 | Sec. 20. Enforcement of
child support. | ||||||
9 | (a) Any foreign
banking corporation governed by this Act | ||||||
10 | shall encumber or surrender accounts
or assets held by the | ||||||
11 | foreign banking corporation on behalf of any responsible
| ||||||
12 | relative who is subject to a child support lien, upon notice of | ||||||
13 | the lien or
levy of the Department of Healthcare and Family | ||||||
14 | Services (formerly Illinois Department of Public Aid ) or its | ||||||
15 | successor agency pursuant
to Section 10-25.5 of the Illinois | ||||||
16 | Public Aid Code, or upon notice of
interstate lien from any | ||||||
17 | other state's agency responsible for implementing the
child | ||||||
18 | support enforcement program set forth in Title IV, Part D of | ||||||
19 | the Social
Security Act.
| ||||||
20 | (b) Within 90 days after receiving notice from the | ||||||
21 | Department of Healthcare and Family Services (formerly
| ||||||
22 | Department of Public Aid ) that the Department has adopted a | ||||||
23 | child support enforcement debit authorization form as required | ||||||
24 | under the Illinois Public Aid Code, each foreign banking |
| |||||||
| |||||||
1 | corporation governed by this Act shall take all appropriate | ||||||
2 | steps to implement the use of the form in relation to accounts | ||||||
3 | held by the corporation. Upon receiving from the Department of | ||||||
4 | Healthcare and Family Services (formerly Department of Public | ||||||
5 | Aid ) a copy of a child support enforcement debit authorization | ||||||
6 | form signed by an obligor, a foreign banking corporation | ||||||
7 | holding an account on behalf of the obligor shall debit the | ||||||
8 | account and transfer the debited amounts to the State | ||||||
9 | Disbursement Unit according to the instructions in the child | ||||||
10 | support enforcement debit authorization form.
| ||||||
11 | (Source: P.A. 93-736, eff. 7-14-04; revised 12-15-05.)
| ||||||
12 | Section 610. The Debt Management Service Act is amended by | ||||||
13 | changing Section 2 as follows:
| ||||||
14 | (205 ILCS 665/2) (from Ch. 17, par. 5302)
| ||||||
15 | Sec. 2. Definitions. As used in this Act:
| ||||||
16 | "Debt management
service" means
the planning and | ||||||
17 | management of the financial affairs of
a debtor for a fee and | ||||||
18 | the receiving
of money
from the debtor for the purpose
of | ||||||
19 | distributing it, directly or indirectly, to the debtor's | ||||||
20 | creditors in payment or partial payment of
the debtor's | ||||||
21 | obligations or soliciting financial contributions from | ||||||
22 | creditors.
The business of debt management is conducted in this | ||||||
23 | State if the debt
management business, its employees, or its | ||||||
24 | agents are located in this State or
if the
debt management |
| |||||||
| |||||||
1 | business solicits or contracts with debtors located in this
| ||||||
2 | State.
| ||||||
3 | This term shall not include the following when engaged in
| ||||||
4 | the regular course of their respective businesses and | ||||||
5 | professions:
| ||||||
6 | (a) Attorneys at law.
| ||||||
7 | (b) Banks, fiduciaries, credit unions, savings and | ||||||
8 | loan associations,
and savings banks as duly
authorized and | ||||||
9 | admitted to transact business in the State of Illinois and
| ||||||
10 | performing credit and financial adjusting service in the | ||||||
11 | regular course of
their principal business.
| ||||||
12 | (c) Title insurers and abstract companies, while doing | ||||||
13 | an escrow
business.
| ||||||
14 | (d) Judicial officers or others acting pursuant to | ||||||
15 | court
order.
| ||||||
16 | (e) Employers for their employees.
| ||||||
17 | (f) Bill payment services, as defined in the | ||||||
18 | Transmitters of Money Act.
| ||||||
19 | "Director" means Director of Financial Institutions.
| ||||||
20 | "Debtor" means the person or persons for whom the debt
| ||||||
21 | management service is performed.
| ||||||
22 | "Person" means an individual, firm, partnership,
| ||||||
23 | association, limited liability company,
corporation, or | ||||||
24 | not-for-profit corporation.
| ||||||
25 | "Licensee" means a person licensed under this Act.
| ||||||
26 | "Director" means the Director of the Department of |
| |||||||
| |||||||
1 | Financial Institutions.
| ||||||
2 | (Source: P.A. 92-400, eff. 1-1-02; 93-903, eff. 8-10-04; | ||||||
3 | revised 9-21-04.)
| ||||||
4 | Section 615. The Alternative Health Care Delivery Act is | ||||||
5 | amended by changing Sections 15, 30, and 35 as follows:
| ||||||
6 | (210 ILCS 3/15)
| ||||||
7 | Sec. 15. License required. No health care facility or | ||||||
8 | program that
meets the definition and scope of an alternative | ||||||
9 | health care model shall
operate as such unless it is a | ||||||
10 | participant in a demonstration program under
this Act and | ||||||
11 | licensed by the Department as an alternative health care model.
| ||||||
12 | The provisions of this Section as they relate to subacute care | ||||||
13 | hospitals
shall not apply to hospitals licensed under the | ||||||
14 | Illinois Hospital Licensing Act
or skilled nursing facilities | ||||||
15 | licensed under the Illinois Nursing Home Care Act;
provided, | ||||||
16 | however, that the facilities shall not hold themselves out to | ||||||
17 | the
public as subacute care hospitals.
The provisions of this | ||||||
18 | Act concerning children's respite care centers
shall not apply | ||||||
19 | to any facility licensed under the Hospital Licensing Act, the
| ||||||
20 | Nursing Home Care Act, or the University of Illinois Hospital | ||||||
21 | Act that provides
respite care services to children.
| ||||||
22 | (Source: P.A. 88-490; 89-393, eff. 8-20-95; revised 9-15-06.)
| ||||||
23 | (210 ILCS 3/30)
|
| |||||||
| |||||||
1 | Sec. 30. Demonstration program requirements. The | ||||||
2 | requirements set forth in
this Section shall apply to | ||||||
3 | demonstration programs.
| ||||||
4 | (a) There shall be no more than:
| ||||||
5 | (i) 3 subacute care hospital alternative health care | ||||||
6 | models in the City of
Chicago (one of which shall be | ||||||
7 | located on a designated site and shall have been
licensed | ||||||
8 | as a hospital under the Illinois Hospital Licensing Act | ||||||
9 | within the 10
years immediately before the application for | ||||||
10 | a license);
| ||||||
11 | (ii) 2 subacute care hospital alternative health care | ||||||
12 | models in the
demonstration program for each of the | ||||||
13 | following areas:
| ||||||
14 | (1) Cook County outside the City of Chicago.
| ||||||
15 | (2) DuPage, Kane, Lake, McHenry, and Will | ||||||
16 | Counties.
| ||||||
17 | (3) Municipalities with a population greater than | ||||||
18 | 50,000 not
located in the areas described in item (i) | ||||||
19 | of subsection (a) and paragraphs
(1) and (2) of item | ||||||
20 | (ii) of subsection (a); and
| ||||||
21 | (iii) 4 subacute care hospital alternative health care
| ||||||
22 | models in the demonstration program for rural areas.
| ||||||
23 | In selecting among applicants for these
licenses in rural | ||||||
24 | areas, the Health Facilities Planning Board and the
Department | ||||||
25 | shall give preference to hospitals that may be unable for | ||||||
26 | economic
reasons to provide continued service to the community |
| |||||||
| |||||||
1 | in which they are located
unless the hospital were to receive | ||||||
2 | an alternative health care model license.
| ||||||
3 | (a-5) There shall be no more than a total of 12 | ||||||
4 | postsurgical
recovery care
center alternative health care | ||||||
5 | models in the demonstration program, located as
follows:
| ||||||
6 | (1) Two in the City of Chicago.
| ||||||
7 | (2) Two in Cook County outside the City of Chicago. At | ||||||
8 | least
one of these shall be owned or operated by a hospital | ||||||
9 | devoted exclusively to
caring for children.
| ||||||
10 | (3) Two in Kane, Lake, and McHenry Counties.
| ||||||
11 | (4) Four in municipalities with a population of 50,000 | ||||||
12 | or more
not located
in the areas described in paragraphs | ||||||
13 | (1), (2), and (3), 3 of which
shall be
owned or operated by | ||||||
14 | hospitals, at least 2 of which shall be located in
counties | ||||||
15 | with a population of less than 175,000, according to the | ||||||
16 | most recent
decennial census for which data are available, | ||||||
17 | and one of
which shall be owned or operated by
an | ||||||
18 | ambulatory surgical treatment center.
| ||||||
19 | (5) Two in rural areas,
both of which shall be owned or | ||||||
20 | operated by
hospitals.
| ||||||
21 | There shall be no postsurgical recovery care center | ||||||
22 | alternative health care
models located in counties with | ||||||
23 | populations greater than 600,000 but less
than 1,000,000. A | ||||||
24 | proposed postsurgical recovery care center must be owned or
| ||||||
25 | operated by a hospital if it is to be located within, or will | ||||||
26 | primarily serve
the residents of, a health service area in |
| |||||||
| |||||||
1 | which more than 60% of the gross
patient revenue of the | ||||||
2 | hospitals within that health service area are derived
from | ||||||
3 | Medicaid and Medicare, according to the most recently available | ||||||
4 | calendar
year data from the Illinois Health Care Cost | ||||||
5 | Containment Council. Nothing in
this paragraph shall preclude a | ||||||
6 | hospital and an ambulatory surgical treatment
center from | ||||||
7 | forming a joint venture or developing a collaborative agreement | ||||||
8 | to
own or operate a postsurgical recovery care center.
| ||||||
9 | (a-10) There shall be no more than a total of 8 children's | ||||||
10 | respite care
center alternative health care models in the | ||||||
11 | demonstration program, which shall
be located as follows:
| ||||||
12 | (1) One in the City of Chicago.
| ||||||
13 | (2) One in Cook County outside the City of Chicago.
| ||||||
14 | (3) A total of 2 in the area comprised of DuPage, Kane, | ||||||
15 | Lake, McHenry, and
Will counties.
| ||||||
16 | (4) A total of 2 in municipalities with a population of | ||||||
17 | 50,000 or more and
not
located in the areas described in | ||||||
18 | paragraphs (1), (2), or (3).
| ||||||
19 | (5) A total of 2 in rural areas, as defined by the | ||||||
20 | Health Facilities
Planning Board.
| ||||||
21 | No more than one children's respite care model owned and | ||||||
22 | operated by a
licensed skilled pediatric facility shall be | ||||||
23 | located in each of the areas
designated in this subsection | ||||||
24 | (a-10).
| ||||||
25 | (a-15) There shall be an authorized community-based | ||||||
26 | residential
rehabilitation center alternative health care |
| |||||||
| |||||||
1 | model in the demonstration
program. The community-based | ||||||
2 | residential rehabilitation center shall be
located in the area | ||||||
3 | of Illinois south of Interstate Highway 70.
| ||||||
4 | (a-20) There shall be an authorized
Alzheimer's disease | ||||||
5 | management center alternative health care model in the
| ||||||
6 | demonstration program. The Alzheimer's disease management | ||||||
7 | center shall be
located in Will
County, owned by a
| ||||||
8 | not-for-profit entity, and endorsed by a resolution approved by | ||||||
9 | the county
board before the effective date of this amendatory | ||||||
10 | Act of the 91st General
Assembly.
| ||||||
11 | (b) Alternative health care models, other than a model | ||||||
12 | authorized under
subsection (a-20), shall obtain a certificate | ||||||
13 | of
need from the Illinois Health Facilities Planning Board | ||||||
14 | under the Illinois
Health Facilities Planning Act before | ||||||
15 | receiving a license by the
Department.
If, after obtaining its | ||||||
16 | initial certificate of need, an alternative health
care | ||||||
17 | delivery model that is a community based residential | ||||||
18 | rehabilitation center
seeks to
increase the bed capacity of | ||||||
19 | that center, it must obtain a certificate of need
from the | ||||||
20 | Illinois Health Facilities Planning Board before increasing | ||||||
21 | the bed
capacity. Alternative
health care models in medically | ||||||
22 | underserved areas
shall receive priority in obtaining a | ||||||
23 | certificate of need.
| ||||||
24 | (c) An alternative health care model license shall be | ||||||
25 | issued for a
period of one year and shall be annually renewed | ||||||
26 | if the facility or
program is in substantial compliance with |
| |||||||
| |||||||
1 | the Department's rules
adopted under this Act. A licensed | ||||||
2 | alternative health care model that continues
to be in | ||||||
3 | substantial compliance after the conclusion of the | ||||||
4 | demonstration
program shall be eligible for annual renewals | ||||||
5 | unless and until a different
licensure program for that type of | ||||||
6 | health care model is established by
legislation. The Department | ||||||
7 | may issue a provisional license to any
alternative health care | ||||||
8 | model that does not substantially comply with the
provisions of | ||||||
9 | this Act and the rules adopted under this Act if (i)
the | ||||||
10 | Department finds that the alternative health care model has | ||||||
11 | undertaken
changes and corrections which upon completion will | ||||||
12 | render the alternative
health care model in substantial | ||||||
13 | compliance with this Act and rules and
(ii) the health and | ||||||
14 | safety of the patients of the alternative
health care model | ||||||
15 | will be protected during the period for which the provisional
| ||||||
16 | license is issued. The Department shall advise the licensee of
| ||||||
17 | the conditions under which the provisional license is issued, | ||||||
18 | including
the manner in which the alternative health care model | ||||||
19 | fails to comply with
the provisions of this Act and rules, and | ||||||
20 | the time within which the changes
and corrections necessary for | ||||||
21 | the alternative health care model to
substantially comply with | ||||||
22 | this Act and rules shall be completed.
| ||||||
23 | (d) Alternative health care models shall seek | ||||||
24 | certification under Titles
XVIII and XIX of the federal Social | ||||||
25 | Security Act. In addition, alternative
health care models shall | ||||||
26 | provide charitable care consistent with that provided
by |
| |||||||
| |||||||
1 | comparable health care providers in the geographic area.
| ||||||
2 | (d-5) The Department of Healthcare and Family Services | ||||||
3 | (formerly Illinois Department of Public Aid ) , in cooperation | ||||||
4 | with the
Illinois Department of
Public Health, shall develop | ||||||
5 | and implement a reimbursement methodology for all
facilities | ||||||
6 | participating in the demonstration program. The Department of | ||||||
7 | Healthcare and Family Services
Illinois Department
of Public | ||||||
8 | Aid shall keep a record of services provided under the | ||||||
9 | demonstration
program to recipients of medical assistance | ||||||
10 | under the Illinois Public Aid Code
and shall submit an annual | ||||||
11 | report of that information to the Illinois
Department of Public | ||||||
12 | Health.
| ||||||
13 | (e) Alternative health care models shall, to the extent | ||||||
14 | possible,
link and integrate their services with nearby health | ||||||
15 | care facilities.
| ||||||
16 | (f) Each alternative health care model shall implement a | ||||||
17 | quality
assurance program with measurable benefits and at | ||||||
18 | reasonable cost.
| ||||||
19 | (Source: P.A. 91-65, eff. 7-9-99; 91-838, eff. 6-16-00; revised | ||||||
20 | 12-15-05.)
| ||||||
21 | (210 ILCS 3/35)
| ||||||
22 | Sec. 35. Alternative health care models authorized. | ||||||
23 | Notwithstanding
any other law to the contrary, alternative | ||||||
24 | health care models
described in this Section may be established | ||||||
25 | on a demonstration basis.
|
| |||||||
| |||||||
1 | (1) Alternative health care model; subacute care | ||||||
2 | hospital. A subacute
care hospital is a designated site | ||||||
3 | which provides medical specialty care for
patients who need | ||||||
4 | a greater intensity or complexity of care than generally
| ||||||
5 | provided in a skilled nursing facility but who no longer | ||||||
6 | require acute hospital
care. The average length of stay for | ||||||
7 | patients treated in subacute care
hospitals shall not be | ||||||
8 | less than 20 days, and for individual patients, the
| ||||||
9 | expected length of stay at the time of admission shall not | ||||||
10 | be less than 10
days. Variations from minimum lengths of | ||||||
11 | stay shall be reported to the
Department. There shall be no | ||||||
12 | more than 13 subacute care hospitals
authorized to operate | ||||||
13 | by the Department. Subacute care includes physician
| ||||||
14 | supervision, registered nursing, and physiological | ||||||
15 | monitoring on a continual
basis. A subacute care hospital | ||||||
16 | is either a freestanding building or a distinct
physical | ||||||
17 | and operational entity within a hospital or nursing home | ||||||
18 | building. A
subacute care hospital shall only consist of | ||||||
19 | beds currently existing in
licensed hospitals or skilled | ||||||
20 | nursing facilities, except, in the City of
Chicago, on a | ||||||
21 | designated site that was licensed as a hospital under the
| ||||||
22 | Illinois Hospital Licensing Act within the 10 years | ||||||
23 | immediately before the
application for an alternative | ||||||
24 | health care model license. During the period of
operation | ||||||
25 | of the demonstration project, the existing licensed beds | ||||||
26 | shall remain
licensed as hospital or skilled nursing |
| |||||||
| |||||||
1 | facility beds as well as being licensed
under this Act. In | ||||||
2 | order to handle cases of
complications, emergencies, or | ||||||
3 | exigent circumstances, a subacute care hospital
shall | ||||||
4 | maintain a contractual relationship, including a transfer | ||||||
5 | agreement, with
a general acute care hospital. If a | ||||||
6 | subacute care model is located in a
general acute care | ||||||
7 | hospital, it shall utilize all or a portion of the bed
| ||||||
8 | capacity of that existing hospital. In no event shall a | ||||||
9 | subacute care hospital
use the word "hospital" in its | ||||||
10 | advertising or marketing activities or represent
or hold | ||||||
11 | itself out to the public as a general acute care hospital.
| ||||||
12 | (2) Alternative health care delivery model; | ||||||
13 | postsurgical recovery care
center. A postsurgical recovery | ||||||
14 | care center is a designated site which
provides | ||||||
15 | postsurgical recovery care for generally healthy patients
| ||||||
16 | undergoing surgical procedures that require overnight | ||||||
17 | nursing care, pain
control, or observation that would | ||||||
18 | otherwise be provided in an inpatient
setting. A | ||||||
19 | postsurgical recovery care center is either freestanding | ||||||
20 | or a
defined unit of an ambulatory surgical treatment | ||||||
21 | center or hospital.
No facility, or portion of a facility, | ||||||
22 | may participate in a demonstration
program as a | ||||||
23 | postsurgical recovery care center unless the facility has | ||||||
24 | been
licensed as an ambulatory surgical treatment center or | ||||||
25 | hospital for at least 2
years before August 20, 1993 (the | ||||||
26 | effective date of Public Act 88-441). The
maximum length of |
| |||||||
| |||||||
1 | stay for patients in a
postsurgical recovery care center is | ||||||
2 | not to exceed 48 hours unless the treating
physician | ||||||
3 | requests an extension of time from the recovery center's | ||||||
4 | medical
director on the basis of medical or clinical | ||||||
5 | documentation that an additional
care period is required | ||||||
6 | for the recovery of a patient and the medical director
| ||||||
7 | approves the extension of time. In no case, however, shall | ||||||
8 | a patient's length
of stay in a postsurgical recovery care | ||||||
9 | center be longer than 72 hours. If a
patient requires an | ||||||
10 | additional care period after the expiration of the 72-hour
| ||||||
11 | limit, the patient shall be transferred to an appropriate | ||||||
12 | facility. Reports on
variances from the 48-hour limit shall | ||||||
13 | be sent to the Department for its
evaluation. The reports | ||||||
14 | shall, before submission to the Department, have
removed | ||||||
15 | from them all patient and physician identifiers. In order | ||||||
16 | to handle
cases of complications, emergencies, or exigent | ||||||
17 | circumstances, every
postsurgical recovery care center as | ||||||
18 | defined in this paragraph shall maintain a
contractual | ||||||
19 | relationship, including a transfer agreement, with a | ||||||
20 | general acute
care hospital. A postsurgical recovery care | ||||||
21 | center shall be no larger than 20
beds. A postsurgical | ||||||
22 | recovery care center shall be located within 15 minutes
| ||||||
23 | travel time from the general acute care hospital with which | ||||||
24 | the center
maintains a contractual relationship, including | ||||||
25 | a transfer agreement, as
required under this paragraph.
| ||||||
26 | No postsurgical recovery care center shall |
| |||||||
| |||||||
1 | discriminate against any patient
requiring treatment | ||||||
2 | because of the source of payment for services, including
| ||||||
3 | Medicare and Medicaid recipients.
| ||||||
4 | The Department shall adopt rules to implement the | ||||||
5 | provisions of Public
Act 88-441 concerning postsurgical | ||||||
6 | recovery care centers within 9 months after
August 20, | ||||||
7 | 1993.
| ||||||
8 | (3) Alternative health care delivery model; children's | ||||||
9 | community-based
health care center. A children's | ||||||
10 | community-based health care center model is a
designated | ||||||
11 | site that provides nursing care, clinical support | ||||||
12 | services, and
therapies for a period of one to 14 days for | ||||||
13 | short-term stays and 120 days to
facilitate transitions to | ||||||
14 | home or other appropriate settings for medically
fragile | ||||||
15 | children, technology
dependent children, and children with | ||||||
16 | special health care needs who are deemed
clinically stable | ||||||
17 | by a physician and are younger than 22 years of age. This
| ||||||
18 | care is to be provided in a home-like environment that | ||||||
19 | serves no more than 12
children at a time. Children's | ||||||
20 | community-based health care center
services must be | ||||||
21 | available through the model to all families, including | ||||||
22 | those
whose care is paid for through the Department of | ||||||
23 | Healthcare and Family Services
Public Aid , the Department | ||||||
24 | of
Children and Family Services, the Department of Human | ||||||
25 | Services, and insurance
companies who cover home health | ||||||
26 | care services or private duty nursing care in
the home.
|
| |||||||
| |||||||
1 | Each children's community-based health care center | ||||||
2 | model location shall be
physically separate and
apart from | ||||||
3 | any other facility licensed by the Department of Public | ||||||
4 | Health under
this or any other Act and shall provide the | ||||||
5 | following services: respite care,
registered nursing or | ||||||
6 | licensed practical nursing care, transitional care to
| ||||||
7 | facilitate home placement or other appropriate settings | ||||||
8 | and reunite families,
medical day care, weekend
camps, and | ||||||
9 | diagnostic studies typically done in the home setting.
| ||||||
10 | Coverage for the services provided by the Illinois
| ||||||
11 | Department of Healthcare and Family Services
Public
Aid
| ||||||
12 | under this paragraph (3) is contingent upon federal waiver | ||||||
13 | approval and is
provided only to Medicaid eligible clients | ||||||
14 | participating in the home and
community based services | ||||||
15 | waiver designated in Section 1915(c) of the Social
Security | ||||||
16 | Act for medically frail and technologically dependent | ||||||
17 | children or
children in Department of Children and Family | ||||||
18 | Services foster care who receive
home health benefits.
| ||||||
19 | (4) Alternative health care delivery model; community | ||||||
20 | based residential
rehabilitation center.
A community-based | ||||||
21 | residential rehabilitation center model is a designated
| ||||||
22 | site that provides rehabilitation or support, or both, for | ||||||
23 | persons who have
experienced severe brain injury, who are | ||||||
24 | medically stable, and who no longer
require acute | ||||||
25 | rehabilitative care or intense medical or nursing | ||||||
26 | services. The
average length of stay in a community-based |
| |||||||
| |||||||
1 | residential rehabilitation center
shall not exceed 4 | ||||||
2 | months. As an integral part of the services provided,
| ||||||
3 | individuals are housed in a supervised living setting while | ||||||
4 | having immediate
access to the community. The residential | ||||||
5 | rehabilitation center authorized by
the Department may | ||||||
6 | have more than one residence included under the license.
A | ||||||
7 | residence may be no larger than 12 beds and shall be | ||||||
8 | located as an integral
part of the community. Day treatment | ||||||
9 | or
individualized outpatient services shall be provided | ||||||
10 | for persons who reside in
their own home. Functional | ||||||
11 | outcome goals shall be established for each
individual. | ||||||
12 | Services shall include, but are not limited to, case | ||||||
13 | management,
training and assistance with activities of | ||||||
14 | daily living, nursing
consultation, traditional therapies | ||||||
15 | (physical, occupational, speech),
functional interventions | ||||||
16 | in the residence and community (job placement,
shopping, | ||||||
17 | banking, recreation), counseling, self-management | ||||||
18 | strategies,
productive activities, and multiple | ||||||
19 | opportunities for skill acquisition and
practice | ||||||
20 | throughout the day. The design of individualized program | ||||||
21 | plans shall
be consistent with the outcome goals that are | ||||||
22 | established for each resident.
The programs provided in | ||||||
23 | this setting shall be accredited by the
Commission
on | ||||||
24 | Accreditation of Rehabilitation Facilities (CARF). The | ||||||
25 | program shall have
been accredited by CARF as a Brain | ||||||
26 | Injury Community-Integrative Program for at
least 3 years.
|
| |||||||
| |||||||
1 | (5) Alternative health care delivery model; | ||||||
2 | Alzheimer's disease
management center. An Alzheimer's | ||||||
3 | disease management center model is a
designated site that | ||||||
4 | provides a safe and secure setting for care of persons
| ||||||
5 | diagnosed with Alzheimer's disease. An Alzheimer's disease | ||||||
6 | management center
model shall be a facility separate from | ||||||
7 | any other facility licensed by the
Department of Public | ||||||
8 | Health under this or any other Act. An Alzheimer's
disease | ||||||
9 | management center shall conduct and document an assessment | ||||||
10 | of each
resident every 6 months. The assessment shall | ||||||
11 | include an evaluation of daily
functioning, cognitive | ||||||
12 | status, other medical conditions, and behavioral
problems. | ||||||
13 | An Alzheimer's disease management center shall develop and | ||||||
14 | implement
an ongoing treatment plan for each resident. The | ||||||
15 | treatment
plan shall have defined goals.
The
Alzheimer's | ||||||
16 | disease management center shall treat behavioral problems | ||||||
17 | and mood
disorders using nonpharmacologic approaches such | ||||||
18 | as environmental modification,
task simplification, and | ||||||
19 | other appropriate activities.
All staff must have | ||||||
20 | necessary
training to care for all stages of Alzheimer's | ||||||
21 | Disease. An
Alzheimer's disease
management center shall | ||||||
22 | provide education and support for residents and
| ||||||
23 | caregivers. The
education and support shall include | ||||||
24 | referrals to support organizations for
educational | ||||||
25 | materials on community resources, support groups, legal | ||||||
26 | and
financial issues, respite care, and future care needs |
| |||||||
| |||||||
1 | and options. The
education and support shall also include a | ||||||
2 | discussion of the resident's need to
make advance | ||||||
3 | directives and to identify surrogates for medical and legal
| ||||||
4 | decision-making. The provisions of this paragraph | ||||||
5 | establish the minimum level
of services that must be | ||||||
6 | provided by an Alzheimer's disease management
center. An | ||||||
7 | Alzheimer's disease management center model shall have no | ||||||
8 | more
than 100 residents. Nothing in this paragraph (5) | ||||||
9 | shall be construed as
prohibiting a person or facility from | ||||||
10 | providing services and care to persons
with Alzheimer's | ||||||
11 | disease as otherwise authorized under State law.
| ||||||
12 | (Source: P.A. 93-402, eff. 1-1-04; revised 12-15-05.)
| ||||||
13 | Section 620. The Assisted Living and Shared Housing Act is | ||||||
14 | amended by changing Sections 75 and 125 as follows:
| ||||||
15 | (210 ILCS 9/75)
| ||||||
16 | Sec. 75. Residency Requirements.
| ||||||
17 | (a) No individual shall be accepted for residency or remain | ||||||
18 | in residence if
the
establishment cannot provide or secure | ||||||
19 | appropriate
services, if the individual
requires a level of | ||||||
20 | service or type of service for which the establishment is
not | ||||||
21 | licensed or
which the establishment does not provide, or if the | ||||||
22 | establishment does not have
the staff
appropriate in numbers | ||||||
23 | and with appropriate skill to provide such services.
| ||||||
24 | (b) Only adults may be accepted for residency.
|
| |||||||
| |||||||
1 | (c) A person shall not be accepted for residency if:
| ||||||
2 | (1) the person poses a serious threat to himself or | ||||||
3 | herself or to others;
| ||||||
4 | (2) the person is not able to communicate his or her | ||||||
5 | needs and no
resident representative
residing in the | ||||||
6 | establishment, and with a prior relationship to the person,
| ||||||
7 | has been appointed to direct the provision of
services;
| ||||||
8 | (3) the person requires total assistance with 2 or more | ||||||
9 | activities of
daily
living;
| ||||||
10 | (4) the person requires the assistance of more than one | ||||||
11 | paid caregiver at
any given time
with an activity of daily | ||||||
12 | living;
| ||||||
13 | (5) the person requires more than minimal assistance in | ||||||
14 | moving to a safe
area in an
emergency;
| ||||||
15 | (6) the person has a severe mental illness, which for | ||||||
16 | the purposes of
this Section
means a condition that is | ||||||
17 | characterized by the presence of a major mental
disorder
as | ||||||
18 | classified in the Diagnostic and Statistical Manual of | ||||||
19 | Mental Disorders,
Fourth
Edition (DSM-IV) (American | ||||||
20 | Psychiatric Association, 1994), where the individual
is | ||||||
21 | substantially disabled due to mental illness in the areas | ||||||
22 | of
self-maintenance,
social functioning, activities of | ||||||
23 | community living and work skills, and the
disability
| ||||||
24 | specified is expected to be present for a period of not | ||||||
25 | less than one year, but
does not
mean Alzheimer's disease | ||||||
26 | and other forms of dementia based on organic or
physical |
| |||||||
| |||||||
1 | disorders;
| ||||||
2 | (7) the person requires intravenous therapy or | ||||||
3 | intravenous feedings
unless self-administered or | ||||||
4 | administered by a qualified, licensed health care
| ||||||
5 | professional;
| ||||||
6 | (8) the person requires gastrostomy feedings unless | ||||||
7 | self-administered or
administered
by a licensed health | ||||||
8 | care professional;
| ||||||
9 | (9) the person requires insertion, sterile irrigation, | ||||||
10 | and replacement of
catheter, except
for routine | ||||||
11 | maintenance of urinary catheters, unless the catheter care | ||||||
12 | is
self-administered or administered by a licensed health | ||||||
13 | care professional;
| ||||||
14 | (10) the person requires sterile wound care unless care | ||||||
15 | is
self-administered or
administered by a licensed health | ||||||
16 | care professional;
| ||||||
17 | (11) the person requires sliding scale insulin | ||||||
18 | administration unless
self-performed or
administered by a | ||||||
19 | licensed health care professional;
| ||||||
20 | (12) the person is a diabetic requiring routine insulin | ||||||
21 | injections unless
the injections
are self-administered or | ||||||
22 | administered by a licensed health care professional;
| ||||||
23 | (13) the person requires treatment of stage 3 or stage | ||||||
24 | 4 decubitus ulcers
or exfoliative
dermatitis;
| ||||||
25 | (14) the person requires 5 or more skilled nursing | ||||||
26 | visits per week for
conditions other
than those listed in |
| |||||||
| |||||||
1 | items (13) and (15) of this subsection for a
period of 3
| ||||||
2 | consecutive weeks or more except when the course of | ||||||
3 | treatment is expected to
extend beyond a 3 week period for | ||||||
4 | rehabilitative purposes and is certified as
temporary by a | ||||||
5 | physician; or
| ||||||
6 | (15) other reasons prescribed by the Department by | ||||||
7 | rule.
| ||||||
8 | (d) A resident with a condition listed in items (1) through | ||||||
9 | (15) of
subsection (c) shall have
his or her residency | ||||||
10 | terminated.
| ||||||
11 | (e) Residency shall be terminated when services available | ||||||
12 | to the resident
in
the establishment
are no longer adequate to | ||||||
13 | meet the needs of the resident. This provision shall
not
be | ||||||
14 | interpreted as
limiting the authority of the Department to | ||||||
15 | require the residency termination
of individuals.
| ||||||
16 | (f) Subsection (d) of this Section shall not apply to
| ||||||
17 | terminally
ill residents who
receive or would qualify for | ||||||
18 | hospice care and such care is coordinated by
a hospice program | ||||||
19 | licensed
under the Hospice
Program
Licensing Act or other | ||||||
20 | licensed health care professional employed by a
licensed home | ||||||
21 | health
agency and the establishment and all parties agree to | ||||||
22 | the continued residency.
| ||||||
23 | (g) Items (3), (4), (5), and (9) of subsection (c) shall | ||||||
24 | not apply to
a quadriplegic, paraplegic, or
individual with | ||||||
25 | neuro-muscular diseases, such as muscular dystrophy and
| ||||||
26 | multiple
sclerosis, or other chronic diseases and conditions as |
| |||||||
| |||||||
1 | defined by rule if the
individual is able
to communicate his or | ||||||
2 | her needs and does not require assistance with complex
medical
| ||||||
3 | problems, and the establishment is able to accommodate the | ||||||
4 | individual's needs.
The Department shall prescribe rules | ||||||
5 | pursuant to this Section that address
special safety and | ||||||
6 | service needs of these individuals.
| ||||||
7 | (h) For the purposes of items (7) through (10) of | ||||||
8 | subsection (c), a
licensed health care professional may not
be | ||||||
9 | employed by the owner or operator of the establishment, its | ||||||
10 | parent entity,
or any other entity with ownership common to | ||||||
11 | either the owner or operator of
the establishment or parent | ||||||
12 | entity, including but not limited to an affiliate
of the owner | ||||||
13 | or operator of the establishment. Nothing in this Section is
| ||||||
14 | meant to limit a resident's right to
choose his or her health | ||||||
15 | care provider.
| ||||||
16 | (Source: P.A. 93-141, eff. 7-10-03; 94-256, eff. 7-19-05; | ||||||
17 | 94-570, eff. 8-12-05; revised 8-19-05.)
| ||||||
18 | (210 ILCS 9/125)
| ||||||
19 | Sec. 125. Assisted Living and Shared Housing Standards and | ||||||
20 | Quality of Life Advisory Board.
| ||||||
21 | (a) The Governor shall appoint the Assisted Living and | ||||||
22 | Shared Housing
Standards and Quality of Life Advisory Board | ||||||
23 | which shall be
responsible for advising the Director in all | ||||||
24 | aspects of the administration of
the Act. The Board shall give | ||||||
25 | advice to the Department concerning activities of the assisted |
| |||||||
| |||||||
1 | living ombudsman and all other matters deemed relevant by the | ||||||
2 | Director and to the Director concerning the delivery of | ||||||
3 | personal care services, the unique needs and concerns of | ||||||
4 | seniors residing in housing projects, and all other issues | ||||||
5 | affecting the quality of life of residents.
| ||||||
6 | (b) The Board shall be comprised of the following persons:
| ||||||
7 | (1) the Director who shall serve as chair, ex officio | ||||||
8 | and nonvoting;
| ||||||
9 | (2) the Director of Aging who shall serve as | ||||||
10 | vice-chair, ex officio
and nonvoting;
| ||||||
11 | (3) one representative each of the Departments of
| ||||||
12 | Public Health, Healthcare and Family Services
Public Aid , | ||||||
13 | and Human Services, the
Office of
the State Fire Marshal, | ||||||
14 | and the Illinois Housing
Development Authority, and 2 | ||||||
15 | representatives of the Department on Aging, all nonvoting | ||||||
16 | members;
| ||||||
17 | (4) the State Ombudsman or his or her designee;
| ||||||
18 | (5) one representative of the Association of Area | ||||||
19 | Agencies on Aging;
| ||||||
20 | (6) four members selected from the recommendations by | ||||||
21 | provider
organizations
whose membership consist of nursing | ||||||
22 | care or assisted living establishments;
| ||||||
23 | (7) one member selected from the recommendations of | ||||||
24 | provider organizations
whose
membership consists of home | ||||||
25 | health agencies;
| ||||||
26 | (8) two residents of assisted living or shared housing |
| |||||||
| |||||||
1 | establishments;
| ||||||
2 | (9) three members selected from the recommendations of | ||||||
3 | consumer
organizations
which engage solely in advocacy or | ||||||
4 | legal representation on behalf of the
senior
population;
| ||||||
5 | (10) one member who shall be a physician;
| ||||||
6 | (11) one member who shall be a registered professional | ||||||
7 | nurse selected from
the
recommendations
of professional | ||||||
8 | nursing associations;
| ||||||
9 | (12) two citizen members with expertise in the area of | ||||||
10 | gerontology
research or legal research regarding | ||||||
11 | implementation of assisted living
statutes;
| ||||||
12 | (13) two members representing providers of community | ||||||
13 | care services; and | ||||||
14 | (14) one member representing agencies providing case | ||||||
15 | coordination services.
| ||||||
16 | (c) Members of the Board appointed under paragraphs (5) | ||||||
17 | through (14) of subsection (b) shall be appointed to serve for
| ||||||
18 | terms of 3 years except as otherwise provided in this Section.
| ||||||
19 | All members shall be appointed by January 1, 2001, except that | ||||||
20 | the 2 members representing the Department on Aging appointed | ||||||
21 | under paragraph (3) of subsection (b) and the members appointed | ||||||
22 | under paragraphs (13) and (14) of subsection (b) shall be | ||||||
23 | appointed by January 1, 2005.
One third of the Board members' | ||||||
24 | initial terms shall expire in one year;
one third in 2
years, | ||||||
25 | and one third in 3 years. Of the 3 members appointed under | ||||||
26 | paragraphs (13) and (14) of subsection (b), one shall serve for |
| |||||||
| |||||||
1 | an initial term of one year, one shall serve for an initial | ||||||
2 | term of 2 years, and one shall serve for an initial term of 3 | ||||||
3 | years. A member's term does not expire until a
successor is
| ||||||
4 | appointed by the Governor. Any member appointed to fill a | ||||||
5 | vacancy occurring
prior to the
expiration of the term for which | ||||||
6 | his or her predecessor was appointed shall be
appointed
for the | ||||||
7 | remainder of that term. The Board shall meet at the call of the
| ||||||
8 | Director. The
affirmative vote of 10
members of the Board shall | ||||||
9 | be necessary for Board
action. Members
of this Board shall | ||||||
10 | receive no compensation for their services, however,
resident | ||||||
11 | members
shall be reimbursed for their actual expenses.
| ||||||
12 | (d) The Board shall be provided copies of all | ||||||
13 | administrative rules and
changes to administrative rules for | ||||||
14 | review and comment prior to notice being
given to the public. | ||||||
15 | If the Board, having been asked for its
review,
fails to advise | ||||||
16 | the Department within 90 days, the rules shall be considered
| ||||||
17 | acted upon.
| ||||||
18 | (Source: P.A. 93-1003, eff. 8-23-04; revised 12-15-05.)
| ||||||
19 | Section 625. The Abused and Neglected Long Term Care | ||||||
20 | Facility Residents Reporting
Act is amended by changing Section | ||||||
21 | 6.2 as follows: | ||||||
22 | (210 ILCS 30/6.2) (from Ch. 111 1/2, par. 4166.2)
| ||||||
23 | Sec. 6.2. Inspector General.
| ||||||
24 | (a) The Governor shall appoint, and the Senate shall |
| |||||||
| |||||||
1 | confirm, an Inspector
General. The Inspector General shall be | ||||||
2 | appointed for a term of 4 years
and shall function within the | ||||||
3 | Department of Human Services and report
to the Secretary of | ||||||
4 | Human
Services and the Governor.
The Inspector General shall | ||||||
5 | function independently within the Department of
Human Services | ||||||
6 | with respect to the operations of the office, including the
| ||||||
7 | performance of investigations and issuance of
findings and | ||||||
8 | recommendations. The appropriation for the Office of Inspector
| ||||||
9 | General shall be separate from the overall appropriation for | ||||||
10 | the Department of
Human Services. The Inspector General shall
| ||||||
11 | investigate reports of
suspected abuse or neglect (as those | ||||||
12 | terms are defined in Section 3 of this
Act) of patients or | ||||||
13 | residents in any mental health or developmental
disabilities | ||||||
14 | facility operated by the Department of Human Services and shall
| ||||||
15 | have authority to
investigate and take immediate action on | ||||||
16 | reports of abuse or neglect of
recipients, whether patients or | ||||||
17 | residents, in any mental health or
developmental disabilities | ||||||
18 | facility or program that is licensed or certified
by the | ||||||
19 | Department of Human Services (as successor to the Department of
| ||||||
20 | Mental Health and Developmental Disabilities) or that is funded | ||||||
21 | by the
Department of Human Services (as successor to the | ||||||
22 | Department of Mental
Health and Developmental Disabilities) | ||||||
23 | and is not licensed or
certified by any agency of the State. At | ||||||
24 | the specific, written request of an
agency of the State other | ||||||
25 | than the Department of Human Services (as successor
to the | ||||||
26 | Department of Mental Health and Developmental Disabilities), |
| |||||||
| |||||||
1 | the
Inspector General may cooperate in investigating
reports of | ||||||
2 | abuse and neglect of persons with mental illness or persons | ||||||
3 | with
developmental disabilities. The Inspector General shall | ||||||
4 | have no supervision
over or involvement in routine, | ||||||
5 | programmatic, licensure, or certification
operations of the | ||||||
6 | Department of Human Services or any of its funded agencies.
| ||||||
7 | The Inspector General shall promulgate rules establishing | ||||||
8 | minimum
requirements for reporting allegations of abuse and | ||||||
9 | neglect and initiating,
conducting, and completing | ||||||
10 | investigations. The
promulgated rules shall clearly set forth | ||||||
11 | that in instances where 2 or more
State agencies could | ||||||
12 | investigate an allegation of abuse or neglect, the
Inspector | ||||||
13 | General shall not conduct an investigation that is redundant to | ||||||
14 | an
investigation conducted by another State agency.
The rules | ||||||
15 | shall establish criteria
for determining, based upon the nature | ||||||
16 | of the allegation, the appropriate
method of investigation, | ||||||
17 | which may include, but need not be limited to, site
visits, | ||||||
18 | telephone contacts, or requests for written responses from | ||||||
19 | agencies.
The rules shall also clarify how the Office of the | ||||||
20 | Inspector General shall
interact with the licensing unit of the | ||||||
21 | Department of Human Services in
investigations of
allegations | ||||||
22 | of abuse or neglect. Any allegations or investigations of | ||||||
23 | reports
made pursuant to this Act shall
remain confidential | ||||||
24 | until a final report is completed.
The resident or patient who | ||||||
25 | allegedly was abused or neglected and his or her
legal guardian | ||||||
26 | shall be informed by the facility or agency of the report of
|
| |||||||
| |||||||
1 | alleged abuse or neglect.
Final reports
regarding | ||||||
2 | unsubstantiated or unfounded allegations shall remain | ||||||
3 | confidential,
except that final reports may be disclosed | ||||||
4 | pursuant to Section 6 of this
Act.
| ||||||
5 | For purposes of this Section, "required reporter" means a | ||||||
6 | person who suspects, witnesses, or is informed of an allegation | ||||||
7 | of abuse or neglect at a State-operated facility or a community | ||||||
8 | agency and who is either: (i) a person employed at a | ||||||
9 | State-operated facility or a community agency on or off site | ||||||
10 | who is providing or monitoring services to an individual or | ||||||
11 | individuals or is providing services to the State-operated | ||||||
12 | facility or the community agency; or (ii) any person or | ||||||
13 | contractual agent of the Department of Human Services involved | ||||||
14 | in providing, monitoring, or administering mental health or | ||||||
15 | developmental disability services, including, but not limited | ||||||
16 | to, payroll personnel, contractors, subcontractors, and | ||||||
17 | volunteers. A required reporter shall report the allegation of | ||||||
18 | abuse or neglect, or cause a report to be made, to the Office | ||||||
19 | of the Inspector General (OIG) Hotline no later than 4 hours | ||||||
20 | after the initial discovery of the incident of alleged abuse or | ||||||
21 | neglect. A required reporter as defined in this paragraph who | ||||||
22 | willfully fails to comply with the reporting requirement is | ||||||
23 | guilty of a Class A misdemeanor.
| ||||||
24 | For purposes of this Section, "State-operated facility" | ||||||
25 | means a mental health facility or a developmental disability | ||||||
26 | facility as defined in Sections 1-114 and 1-107 of the Mental |
| |||||||
| |||||||
1 | Health and Developmental Disabilities Code. | ||||||
2 | For purposes of this Section, "community agency" or | ||||||
3 | "agency" means any community entity or program providing mental | ||||||
4 | health or developmental disabilities services that is | ||||||
5 | licensed, certified, or funded by the Department of Human | ||||||
6 | Services and is not licensed or certified by any other human | ||||||
7 | services agency of the State (for example, the Department of | ||||||
8 | Public Health, the Department of Children and Family Services, | ||||||
9 | or the Department of Healthcare and Family Services).
| ||||||
10 | When the Office of the Inspector General has substantiated | ||||||
11 | a case of abuse
or neglect, the Inspector General shall include | ||||||
12 | in the final report any
mitigating or aggravating circumstances | ||||||
13 | that were identified during the
investigation. Upon | ||||||
14 | determination that a report of neglect is
substantiated, the | ||||||
15 | Inspector General shall then determine whether such neglect
| ||||||
16 | rises to the level of egregious neglect.
| ||||||
17 | (b) The Inspector General shall, within 24 hours after | ||||||
18 | determining that a reported allegation of suspected abuse or | ||||||
19 | neglect
indicates that any possible criminal act has been | ||||||
20 | committed
or that special
expertise is required in the | ||||||
21 | investigation,
immediately notify the
Department of State | ||||||
22 | Police or the appropriate law enforcement entity. The | ||||||
23 | Department of State Police shall
investigate any report from a | ||||||
24 | State-operated facility indicating a possible murder, rape, or | ||||||
25 | other felony.
All investigations conducted by the Inspector | ||||||
26 | General shall be conducted in
a manner designed to ensure the |
| |||||||
| |||||||
1 | preservation of evidence for possible use
in a criminal | ||||||
2 | prosecution.
| ||||||
3 | (b-5) The Inspector General shall make a determination to | ||||||
4 | accept or reject
a preliminary report of the
investigation of | ||||||
5 | alleged abuse or neglect based on established investigative
| ||||||
6 | procedures.
Notice of the Inspector General's determination | ||||||
7 | must be given to
the person who claims to be the victim of the | ||||||
8 | abuse or neglect, to
the person
or persons alleged to have been | ||||||
9 | responsible for abuse or neglect, and to the
facility or | ||||||
10 | agency.
The facility or agency or the person or persons alleged
| ||||||
11 | to
have been responsible
for the abuse or neglect and the | ||||||
12 | person who claims to be the victim of the
abuse or neglect may | ||||||
13 | request clarification or
reconsideration
based on additional | ||||||
14 | information. For cases where the allegation of abuse or
neglect | ||||||
15 | is substantiated, the Inspector General shall require the | ||||||
16 | facility or
agency to submit a written response. The written | ||||||
17 | response from a facility or
agency shall address in a concise | ||||||
18 | and reasoned manner the actions
that the agency or facility | ||||||
19 | will take or has taken to protect the resident or
patient from | ||||||
20 | abuse or neglect, prevent reoccurrences, and eliminate | ||||||
21 | problems
identified and shall include implementation and | ||||||
22 | completion dates for all such
action.
| ||||||
23 | (c) The Inspector General shall, within 10 calendar days | ||||||
24 | after the
transmittal date of a completed investigation where | ||||||
25 | abuse or neglect is
substantiated or administrative action is | ||||||
26 | recommended, provide a complete
report on the case to the |
| |||||||
| |||||||
1 | Secretary of Human Services and to the agency in
which the | ||||||
2 | abuse or neglect is
alleged to have happened.
The complete | ||||||
3 | report shall include a written response from the agency or
| ||||||
4 | facility operated by the State to the Inspector General that | ||||||
5 | addresses in a
concise and reasoned manner the actions that the | ||||||
6 | agency or facility
will take or has taken to protect the | ||||||
7 | resident or patient from abuse or
neglect, prevent | ||||||
8 | reoccurrences, and eliminate problems identified and
shall | ||||||
9 | include implementation and completion dates for all such | ||||||
10 | action. The
Secretary of Human Services shall accept or reject | ||||||
11 | the
response and establish how the Department will determine | ||||||
12 | whether the facility
or program followed the approved response. | ||||||
13 | The Secretary may require
Department
personnel to visit the | ||||||
14 | facility or agency for training, technical assistance,
| ||||||
15 | programmatic, licensure, or certification purposes. | ||||||
16 | Administrative action,
including sanctions, may be applied | ||||||
17 | should the Secretary reject the response or
should the facility | ||||||
18 | or agency fail to follow the approved response.
Within 30 days | ||||||
19 | after the
Secretary has approved a response, the facility or | ||||||
20 | agency making the response
shall provide an implementation | ||||||
21 | report to the Inspector General on the status
of the corrective | ||||||
22 | action
implemented. Within 60 days after the Secretary has | ||||||
23 | approved the response,
the facility or agency shall send notice | ||||||
24 | of the completion of the corrective
action or shall send an | ||||||
25 | updated implementation report. The facility or agency
shall | ||||||
26 | continue sending updated implementation reports every 60 days |
| |||||||
| |||||||
1 | until the
facility or agency sends a notice of the completion | ||||||
2 | of the corrective action.
The Inspector General shall review | ||||||
3 | any implementation plan that takes more than
120 days. The | ||||||
4 | Inspector General shall monitor compliance through a random
| ||||||
5 | review of completed corrective actions. This monitoring may | ||||||
6 | include, but need
not be limited to, site visits, telephone | ||||||
7 | contacts, or requests for written
documentation from the
| ||||||
8 | facility or agency to determine whether the facility or agency | ||||||
9 | is in
compliance with the approved response. The facility or | ||||||
10 | agency shall inform
the
resident or patient and the legal | ||||||
11 | guardian whether the
reported allegation was substantiated, | ||||||
12 | unsubstantiated, or unfounded.
There shall be an appeals | ||||||
13 | process for any person or
agency that is subject to any action | ||||||
14 | based on a recommendation or
recommendations.
| ||||||
15 | (d) The Inspector General may recommend to the Departments | ||||||
16 | of
Public Health and Human Services sanctions to be
imposed | ||||||
17 | against mental health and developmental disabilities | ||||||
18 | facilities
under the jurisdiction of the Department of Human | ||||||
19 | Services for the protection
of residents,
including | ||||||
20 | appointment of on-site monitors or receivers, transfer or | ||||||
21 | relocation
of residents, and closure of units. The Inspector | ||||||
22 | General may seek the
assistance of the Attorney General or any | ||||||
23 | of the several State's attorneys in
imposing such sanctions. | ||||||
24 | Whenever the Inspector General issues any
recommendations to | ||||||
25 | the Secretary of Human Services, the Secretary shall provide
a | ||||||
26 | written response.
|
| |||||||
| |||||||
1 | (e) The Inspector General shall establish and conduct | ||||||
2 | periodic
training programs for Department of Human Services | ||||||
3 | employees concerning the
prevention and reporting of neglect | ||||||
4 | and abuse.
| ||||||
5 | (f) The Inspector General shall at all times be granted | ||||||
6 | access to any
mental health or developmental disabilities | ||||||
7 | facility operated by the
Department of Human Services, shall | ||||||
8 | establish and
conduct unannounced site visits to those | ||||||
9 | facilities at least once annually,
and shall be granted access, | ||||||
10 | for the purpose of investigating a report of abuse
or neglect, | ||||||
11 | to the records of the Department of Human Services and to any
| ||||||
12 | facility or program funded by the Department of Human Services | ||||||
13 | that is
subject
under the provisions of this Section to | ||||||
14 | investigation by the Inspector General
for a report of abuse or | ||||||
15 | neglect.
| ||||||
16 | (g) Nothing in this Section shall limit investigations by | ||||||
17 | the
Department of Human Services that may
otherwise be required | ||||||
18 | by law or that may be necessary in that Department's
capacity | ||||||
19 | as the central administrative authority responsible for the
| ||||||
20 | operation of State mental health and developmental disability | ||||||
21 | facilities.
| ||||||
22 | (g-5) After notice and an opportunity for a hearing that is | ||||||
23 | separate and
distinct
from the Office of the Inspector | ||||||
24 | General's appeals process as implemented under
subsection (c) | ||||||
25 | of this Section, the Inspector General shall report to the
| ||||||
26 | Department of
Public Health's nurse aide registry under Section |
| |||||||
| |||||||
1 | 3-206.01 of the Nursing Home
Care Act
the identity of | ||||||
2 | individuals against whom there has been a substantiated
finding | ||||||
3 | of
physical or sexual
abuse or egregious neglect of a service | ||||||
4 | recipient.
| ||||||
5 | Nothing in this subsection shall diminish or impair the | ||||||
6 | rights of a person
who
is a
member of a collective bargaining | ||||||
7 | unit pursuant to the Illinois
Public Labor
Relations Act or | ||||||
8 | pursuant to any federal labor statute.
An individual who is a | ||||||
9 | member of a collective bargaining unit as described
above shall | ||||||
10 | not be reported to the Department of Public Health's nurse aide
| ||||||
11 | registry until the exhaustion of that individual's grievance | ||||||
12 | and arbitration
rights, or until 3 months after the initiation | ||||||
13 | of the grievance process,
whichever occurs first, provided that | ||||||
14 | the Department of Human
Services' hearing under
this subsection | ||||||
15 | regarding the reporting of an individual to the Department of | ||||||
16 | Public Health's nurse aide registry has concluded.
| ||||||
17 | Notwithstanding
anything
hereinafter or previously provided,
| ||||||
18 | if an action taken by an employer against an individual as a | ||||||
19 | result of the
circumstances that led to a finding of physical | ||||||
20 | or sexual abuse or egregious
neglect is later overturned under | ||||||
21 | a grievance or arbitration procedure provided
for in Section 8 | ||||||
22 | of the Illinois Public Labor Relations Act or under a
| ||||||
23 | collective bargaining agreement,
the report must be removed | ||||||
24 | from the registry.
| ||||||
25 | The Department of Human Services shall promulgate or amend | ||||||
26 | rules as
necessary or appropriate to establish procedures for |
| |||||||
| |||||||
1 | reporting to the registry,
including the definition of | ||||||
2 | egregious neglect,
procedures
for notice to the individual and | ||||||
3 | victim,
appeal and hearing procedures, and petition for
removal | ||||||
4 | of
the report
from the registry.
The portion of the rules | ||||||
5 | pertaining to hearings shall provide that, at the
hearing, both | ||||||
6 | parties may present written and oral evidence.
The Department | ||||||
7 | shall be required to establish by a preponderance of the
| ||||||
8 | evidence that the Office of the Inspector General's finding of | ||||||
9 | physical or
sexual abuse or egregious neglect warrants | ||||||
10 | reporting to the Department of
Public Health's nurse aide | ||||||
11 | registry under Section 3-206.01 of the Nursing Home
Care Act.
| ||||||
12 | Notice to the individual shall include a clear and concise | ||||||
13 | statement of the
grounds
on which the report to the registry is | ||||||
14 | based and notice of the opportunity for
a hearing to
contest | ||||||
15 | the report. The Department of Human Services shall provide the | ||||||
16 | notice
by
certified mail to the last known address of the | ||||||
17 | individual. The notice shall
give the individual an opportunity | ||||||
18 | to contest
the report in
a hearing before the Department of | ||||||
19 | Human Services or to submit a written
response to the
findings | ||||||
20 | instead of requesting a hearing.
If the individual does not | ||||||
21 | request a hearing or if after notice
and
a hearing
the | ||||||
22 | Department of Human Services finds that the report is valid, | ||||||
23 | the finding
shall be included as part of the registry, as well | ||||||
24 | as a brief statement from
the reported individual if he or she | ||||||
25 | chooses to make a statement. The
Department of Public Health | ||||||
26 | shall make available to the public information
reported to the |
| |||||||
| |||||||
1 | registry.
In a case of inquiries concerning an individual | ||||||
2 | listed
in the registry, any information disclosed concerning a | ||||||
3 | finding of abuse or
neglect shall also include disclosure of | ||||||
4 | the individual's brief statement in
the registry relating to | ||||||
5 | the reported finding or include a clear and accurate
summary of | ||||||
6 | the statement.
| ||||||
7 | At any time after the report of the registry, an individual | ||||||
8 | may petition the
Department of Human Services for removal from | ||||||
9 | the registry of the finding
against him or her. Upon receipt of | ||||||
10 | such a petition, the Department of Human
Services shall conduct | ||||||
11 | an investigation and hearing on the petition. Upon
completion | ||||||
12 | of the investigation and hearing, the Department of Human | ||||||
13 | Services
shall
report the removal of the finding to the | ||||||
14 | registry unless the Department of
Human Services determines | ||||||
15 | that removal is not in the public interest.
| ||||||
16 | (Source: P.A. 93-636, eff. 12-31-03; 94-428, eff. 8-2-05; | ||||||
17 | 94-853, eff. 6-13-06; 94-934, eff. 6-26-06; revised 8-3-06.)
| ||||||
18 | Section 630. The Nursing Home Care Act is amended by | ||||||
19 | changing Sections 1-105, 2-101.1, 2-106, 2-106.1, 2-202, | ||||||
20 | 2-204, 2-205, 2-211, 3-108, 3-109, 3-117, 3-119, 3-208, 3-304, | ||||||
21 | 3-401.1, 3-405, 3-406, 3-411, 3-414, 3-508, 3-805, and 3A-101 | ||||||
22 | as follows:
| ||||||
23 | (210 ILCS 45/1-105) (from Ch. 111 1/2, par. 4151-105)
| ||||||
24 | Sec. 1-105. "Administrator" means a person who is charged |
| |||||||
| |||||||
1 | with the
general administration and supervision of a facility | ||||||
2 | and licensed, if
required, under
the " Nursing Home | ||||||
3 | Administrators Licensing and Disciplinary Act " , as now or | ||||||
4 | hereafter
amended.
| ||||||
5 | (Source: P.A. 81-1349; revised 9-15-06.)
| ||||||
6 | (210 ILCS 45/2-101.1) (from Ch. 111 1/2, par. 4152-101.1)
| ||||||
7 | Sec. 2-101.1 .
Spousal impoverishment. All new residents | ||||||
8 | and their spouses
shall be informed on admittance of their | ||||||
9 | spousal impoverishment rights
as defined at Section 5-4 of the | ||||||
10 | Illinois Public Aid
Code, as now or hereafter amended and at | ||||||
11 | Section 303 of Title III of the
Medicare Catastrophic Coverage | ||||||
12 | Act of 1988 (P.L. 100-360).
| ||||||
13 | (Source: P.A. 86-410; revised 9-21-06.)
| ||||||
14 | (210 ILCS 45/2-106) (from Ch. 111 1/2, par. 4152-106)
| ||||||
15 | Sec. 2-106. (a) For purposes of this Act, (i) a physical | ||||||
16 | restraint is any
manual method or physical or
mechanical | ||||||
17 | device, material, or equipment attached or adjacent to a
| ||||||
18 | resident's body that the resident cannot remove easily and
| ||||||
19 | restricts
freedom of movement or normal access to one's
body. | ||||||
20 | Devices used for
positioning, including but not limited to bed | ||||||
21 | rails,
gait belts, and cushions, shall not be considered to be | ||||||
22 | restraints for
purposes of this Section;
(ii) a chemical | ||||||
23 | restraint
is
any drug used for discipline or convenience and | ||||||
24 | not required to treat medical
symptoms. The Department shall by |
| |||||||
| |||||||
1 | rule, designate certain devices as
restraints,
including at | ||||||
2 | least all those devices which have been determined
to be | ||||||
3 | restraints by the United States Department of Health and Human | ||||||
4 | Services
in
interpretive guidelines issued for the purposes of | ||||||
5 | administering Titles XVIII and XIX
18 and
19 of the Social | ||||||
6 | Security Act
Acts .
| ||||||
7 | (b) Neither restraints nor confinements shall be employed
| ||||||
8 | for the purpose of punishment or for the convenience of any | ||||||
9 | facility personnel.
No restraints or confinements shall be | ||||||
10 | employed except as ordered
by a physician who documents the | ||||||
11 | need for such restraints or confinements
in the
resident's | ||||||
12 | clinical record. Each facility licensed under this Act must | ||||||
13 | have
a written policy to address the use of restraints and | ||||||
14 | seclusion. The
Department shall establish by rule the | ||||||
15 | provisions that the policy must include,
which, to the extent | ||||||
16 | practicable, should be consistent with the requirements
for | ||||||
17 | participation in the federal Medicare program. Each policy | ||||||
18 | shall include
periodic review of the use of restraints.
| ||||||
19 | (c) A restraint may be used only with the informed consent | ||||||
20 | of the
resident, the resident's guardian, or other authorized | ||||||
21 | representative. A
restraint may be used only for specific | ||||||
22 | periods, if it is the
least restrictive means necessary to | ||||||
23 | attain and maintain the resident's highest
practicable | ||||||
24 | physical, mental or psychosocial well-being, including brief
| ||||||
25 | periods of time to provide necessary life-saving treatment. A | ||||||
26 | restraint may be
used only after consultation with appropriate |
| |||||||
| |||||||
1 | health professionals, such as
occupational or physical | ||||||
2 | therapists, and a trial of less restrictive measures
has led to | ||||||
3 | the determination that the use of less restrictive measures
| ||||||
4 | would not attain or maintain the resident's highest practicable | ||||||
5 | physical,
mental or psychosocial well-being.
However, if the | ||||||
6 | resident needs emergency care, restraints may be used for brief
| ||||||
7 | periods to
permit medical treatment to proceed unless the | ||||||
8 | facility has notice that the
resident has previously made a | ||||||
9 | valid refusal of the treatment in
question.
| ||||||
10 | (d) A restraint may be applied only by a person trained in | ||||||
11 | the application
of the particular type of restraint.
| ||||||
12 | (e) Whenever a period of use of a restraint is initiated, | ||||||
13 | the resident shall
be advised of his or her right to have a | ||||||
14 | person or organization of his or
her
choosing,
including the | ||||||
15 | Guardianship and Advocacy Commission, notified of the use of | ||||||
16 | the
restraint. A recipient
who is under guardianship may | ||||||
17 | request that a person or organization of his or
her choosing be | ||||||
18 | notified of the restraint, whether or not the guardian
approves | ||||||
19 | the notice.
If the resident so chooses, the facility shall make | ||||||
20 | the notification
within 24 hours, including any information
| ||||||
21 | about
the period of time that the restraint is to be used.
| ||||||
22 | Whenever the Guardianship and Advocacy Commission is notified | ||||||
23 | that a resident
has been restrained, it shall contact the | ||||||
24 | resident to determine the
circumstances of the restraint and | ||||||
25 | whether further action is warranted.
| ||||||
26 | (f) Whenever a restraint is used on a resident whose |
| |||||||
| |||||||
1 | primary mode of
communication is sign language, the resident | ||||||
2 | shall be permitted to have his or
her
hands free from restraint | ||||||
3 | for brief periods each hour, except when this freedom
may
| ||||||
4 | result in physical harm to the resident or others.
| ||||||
5 | (g) The requirements of this Section are intended to | ||||||
6 | control in any conflict
with the requirements of Sections
1-126 | ||||||
7 | and 2-108 of the Mental Health and Developmental Disabilities | ||||||
8 | Code.
| ||||||
9 | (Source: P.A. 93-636, eff. 6-1-04; revised 9-18-06.)
| ||||||
10 | (210 ILCS 45/2-106.1)
| ||||||
11 | Sec. 2-106.1. Drug treatment.
| ||||||
12 | (a) A resident shall not be given unnecessary drugs. An
| ||||||
13 | unnecessary drug is any drug used in an excessive dose, | ||||||
14 | including in
duplicative therapy; for excessive duration; | ||||||
15 | without adequate
monitoring; without adequate indications for | ||||||
16 | its use; or in the
presence of adverse consequences that | ||||||
17 | indicate the drugs should be reduced or
discontinued. The | ||||||
18 | Department shall adopt, by rule, the standards
for unnecessary
| ||||||
19 | drugs
contained in interpretive guidelines issued by the United | ||||||
20 | States Department of
Health and Human Services for the purposes | ||||||
21 | of administering Titles XVIII and XIX
titles 18 and 19 of
the | ||||||
22 | Social Security Act.
| ||||||
23 | (b) Psychotropic medication shall not be prescribed | ||||||
24 | without the informed
consent of the resident, the resident's | ||||||
25 | guardian, or other authorized
representative. "Psychotropic |
| |||||||
| |||||||
1 | medication"
means medication that
is used for or listed as used | ||||||
2 | for antipsychotic, antidepressant, antimanic, or
antianxiety | ||||||
3 | behavior modification or behavior management purposes in the | ||||||
4 | latest
editions of the AMA Drug Evaluations or the Physician's | ||||||
5 | Desk Reference.
| ||||||
6 | (c) The requirements of
this Section are intended to | ||||||
7 | control in a conflict
with the requirements of Sections 2-102 | ||||||
8 | and 2-107.2
of the Mental Health and Developmental Disabilities | ||||||
9 | Code with respect to the
administration of psychotropic | ||||||
10 | medication.
| ||||||
11 | (Source: P.A. 93-636, eff. 6-1-04; revised 9-18-06.)
| ||||||
12 | (210 ILCS 45/2-202) (from Ch. 111 1/2, par. 4152-202)
| ||||||
13 | Sec. 2-202. (a) Before a person is admitted to a facility, | ||||||
14 | or at the
expiration of the period of previous contract, or | ||||||
15 | when the source of
payment for the resident's care changes from | ||||||
16 | private to public funds or
from public to private funds, a | ||||||
17 | written contract shall be executed between
a licensee and the | ||||||
18 | following in order of priority:
| ||||||
19 | (1) the person, or if the person is a minor, his parent | ||||||
20 | or guardian; or
| ||||||
21 | (2) the person's guardian, if any, or agent, if any, as | ||||||
22 | defined in
Section 2-3 of the Illinois Power of Attorney | ||||||
23 | Act; or
| ||||||
24 | (3) a member of the person's immediate family.
| ||||||
25 | An adult person shall be presumed to have the capacity to |
| |||||||
| |||||||
1 | contract for
admission to a long term care facility unless he | ||||||
2 | has been adjudicated a
"disabled person" within the meaning of | ||||||
3 | Section 11a-2 of the Probate Act
of 1975, or unless a petition | ||||||
4 | for such an adjudication is pending in a
circuit court of | ||||||
5 | Illinois.
| ||||||
6 | If there is no guardian, agent or member of the person's | ||||||
7 | immediate family
available, able or willing to execute the | ||||||
8 | contract required by this Section
and a physician determines | ||||||
9 | that a person is so disabled as to be unable
to consent to | ||||||
10 | placement in a facility, or if a person has already been found
| ||||||
11 | to be a "disabled person", but no order has been entered | ||||||
12 | allowing residential
placement of the person, that person may | ||||||
13 | be admitted to a facility before
the execution of a contract | ||||||
14 | required by this Section; provided that a petition
for | ||||||
15 | guardianship or for modification of guardianship is filed | ||||||
16 | within 15
days of the person's admission to a facility, and | ||||||
17 | provided further that
such a contract is executed within 10 | ||||||
18 | days of the disposition of the petition.
| ||||||
19 | No adult shall be admitted to a facility if he objects, | ||||||
20 | orally or in writing,
to such admission, except as otherwise | ||||||
21 | provided in Chapters III
and IV of the Mental Health and | ||||||
22 | Developmental Disabilities Code or Section
11a-14.1 of the | ||||||
23 | Probate Act of 1975.
| ||||||
24 | If a person has not executed a contract as required by this | ||||||
25 | Section, then
such a contract shall be executed on or before | ||||||
26 | July 1, 1981, or within 10
days after the disposition of a |
| |||||||
| |||||||
1 | petition for guardianship or modification
of guardianship that | ||||||
2 | was filed prior to July 1, 1981, whichever is later.
| ||||||
3 | Before a licensee enters a contract under this Section, it | ||||||
4 | shall
provide the prospective resident and his guardian, if | ||||||
5 | any, with written
notice of the licensee's policy regarding | ||||||
6 | discharge of a resident whose
private funds for payment of care | ||||||
7 | are exhausted.
| ||||||
8 | (b) A resident shall not be discharged or transferred at | ||||||
9 | the expiration
of the term of a contract, except as provided in | ||||||
10 | Sections 3-401 through
3-423.
| ||||||
11 | (c) At the time of the resident's admission to the | ||||||
12 | facility, a copy of
the contract shall be given to the | ||||||
13 | resident, his guardian, if any, and any
other person who | ||||||
14 | executed the contract.
| ||||||
15 | (d) A copy of the contract for a resident who is supported | ||||||
16 | by
nonpublic funds other than the resident's own funds shall be | ||||||
17 | made
available to the person providing the funds for the | ||||||
18 | resident's support.
| ||||||
19 | (e) The original or a copy of the contract shall be | ||||||
20 | maintained in the
facility and be made available upon request | ||||||
21 | to representatives of the
Department and the Department of | ||||||
22 | Healthcare and Family Services
Public Aid .
| ||||||
23 | (f) The contract shall be written in clear and unambiguous | ||||||
24 | language
and shall be printed in not less than 12-point type. | ||||||
25 | The general form
of the contract shall be prescribed by the | ||||||
26 | Department.
|
| |||||||
| |||||||
1 | (g) The contract shall specify:
| ||||||
2 | (1) the term of the contract;
| ||||||
3 | (2) the services to be provided under the contract and | ||||||
4 | the charges
for the services;
| ||||||
5 | (3) the services that may be provided to supplement the | ||||||
6 | contract and
the charges for the services;
| ||||||
7 | (4) the sources liable for payments due under the | ||||||
8 | contract;
| ||||||
9 | (5) the amount of deposit paid; and
| ||||||
10 | (6) the rights, duties and obligations of the resident, | ||||||
11 | except that
the specification of a resident's rights may be | ||||||
12 | furnished on a separate
document which complies with the | ||||||
13 | requirements of Section 2-211.
| ||||||
14 | (h) The contract shall designate the name of the resident's
| ||||||
15 | representative, if any. The resident shall provide the facility | ||||||
16 | with a copy
of the written agreement between the resident and | ||||||
17 | the resident's representative
which authorizes the resident's | ||||||
18 | representative to inspect and copy the
resident's records and | ||||||
19 | authorizes the resident's representative to execute
the | ||||||
20 | contract on behalf of the resident required by this Section.
| ||||||
21 | (i) The contract shall provide that if the resident is
| ||||||
22 | compelled by a change in physical or mental health to leave the
| ||||||
23 | facility, the contract and all obligations under it shall | ||||||
24 | terminate on 7
days notice. No prior notice of termination of | ||||||
25 | the contract shall be
required, however, in the case of a | ||||||
26 | resident's death. The contract shall also provide
that in all |
| |||||||
| |||||||
1 | other situations, a
resident may terminate the contract and all | ||||||
2 | obligations under it with 30
days notice. All charges shall be | ||||||
3 | prorated as of the date on which the
contract terminates, and, | ||||||
4 | if any payments have been made in advance, the
excess shall be | ||||||
5 | refunded to the resident. This provision shall not apply
to | ||||||
6 | life-care contracts through which a facility agrees to provide
| ||||||
7 | maintenance and care for a resident throughout the remainder of | ||||||
8 | his life
nor to continuing-care contracts through which a | ||||||
9 | facility agrees to
supplement all available forms of financial | ||||||
10 | support in providing
maintenance and care for a resident | ||||||
11 | throughout the remainder of his life.
| ||||||
12 | (j) In addition to all other contract specifications | ||||||
13 | contained in this
Section admission contracts shall also | ||||||
14 | specify:
| ||||||
15 | (1) whether the facility accepts Medicaid clients;
| ||||||
16 | (2) whether the facility requires a deposit of the | ||||||
17 | resident or his
family prior to the establishment of | ||||||
18 | Medicaid eligibility;
| ||||||
19 | (3) in the event that a deposit is required, a clear | ||||||
20 | and concise
statement of the procedure to be followed for | ||||||
21 | the return of such deposit to
the resident or the | ||||||
22 | appropriate family member or guardian of the person;
| ||||||
23 | (4) that all deposits made to a facility by a resident, | ||||||
24 | or on behalf of
a resident, shall be returned by the | ||||||
25 | facility within 30 days of the
establishment of Medicaid | ||||||
26 | eligibility, unless such deposits must be drawn
upon or |
| |||||||
| |||||||
1 | encumbered in accordance with Medicaid eligibility | ||||||
2 | requirements
established by the Illinois Department of | ||||||
3 | Healthcare and Family Services
Public Aid .
| ||||||
4 | (k) It shall be a business offense for a facility to | ||||||
5 | knowingly and
intentionally both retain a resident's deposit | ||||||
6 | and accept Medicaid
payments on behalf of that resident.
| ||||||
7 | (Source: P.A. 87-225; 87-895; 88-154; revised 12-15-05.)
| ||||||
8 | (210 ILCS 45/2-204) (from Ch. 111 1/2, par. 4152-204)
| ||||||
9 | Sec. 2-204. The Director shall appoint a Long-Term Care | ||||||
10 | Facility Advisory
Board to consult with the Department and the | ||||||
11 | residents' advisory councils
created under Section 2-203.
| ||||||
12 | (a) The Board shall be comprised of the following persons:
| ||||||
13 | (1) The Director who shall serve as chairman, ex | ||||||
14 | officio and nonvoting;
and
| ||||||
15 | (2) One representative each of the Department of | ||||||
16 | Healthcare and Family Services
Public Aid , the
Department | ||||||
17 | of Human Services, the Department on
Aging, and the Office | ||||||
18 | of the State Fire Marshal, all nonvoting members;
| ||||||
19 | (3) One member who shall be a physician licensed to | ||||||
20 | practice medicine
in all its branches;
| ||||||
21 | (4) One member who shall be a registered nurse selected | ||||||
22 | from the
recommendations of professional nursing | ||||||
23 | associations;
| ||||||
24 | (5) Four members who shall be selected from the | ||||||
25 | recommendations by
organizations whose membership consists |
| |||||||
| |||||||
1 | of facilities;
| ||||||
2 | (6) Two members who shall represent the general public | ||||||
3 | who are not members
of a residents' advisory council | ||||||
4 | established under Section 2-203 and who
have no | ||||||
5 | responsibility for management or formation of policy or | ||||||
6 | financial
interest in a facility;
| ||||||
7 | (7) One member who is a member of a residents' advisory | ||||||
8 | council
established under Section 2-203 and is capable of | ||||||
9 | actively participating on the
Board; and
| ||||||
10 | (8) One member who shall be selected from the | ||||||
11 | recommendations of
consumer organizations which engage | ||||||
12 | solely in advocacy or legal
representation on behalf of | ||||||
13 | residents and their immediate families.
| ||||||
14 | (b) The terms of those members of the Board appointed prior | ||||||
15 | to the
effective date of this amendatory Act of 1988 shall | ||||||
16 | expire on December 31,
1988. Members of the Board created by | ||||||
17 | this amendatory Act of 1988 shall be
appointed to serve for | ||||||
18 | terms as follows: 3 for 2 years, 3 for 3 years
and 3 for 4 | ||||||
19 | years. The member of the Board added by this amendatory Act
of | ||||||
20 | 1989 shall be appointed to serve for a term of 4 years. Each | ||||||
21 | successor
member shall be appointed for a term of 4 years. Any | ||||||
22 | member appointed to fill
a vacancy occurring prior to the | ||||||
23 | expiration of the term for which his
predecessor was appointed | ||||||
24 | shall be appointed for the remainder of such term.
The Board | ||||||
25 | shall meet as frequently as the chairman deems necessary, but | ||||||
26 | not
less than 4 times each year. Upon request by 4 or more |
| |||||||
| |||||||
1 | members the chairman
shall call a meeting of the Board. The | ||||||
2 | affirmative vote of 6 members of the
Board shall be necessary | ||||||
3 | for Board action. A member of the Board can designate
a | ||||||
4 | replacement to serve at the Board meeting and vote in place of | ||||||
5 | the member by
submitting a letter of designation to the | ||||||
6 | chairman prior to or at the
Board meeting. The Board members | ||||||
7 | shall be reimbursed for their actual
expenses incurred in the | ||||||
8 | performance of their duties.
| ||||||
9 | (c) The Advisory Board shall advise the Department of | ||||||
10 | Public Health on
all aspects of its responsibilities under this | ||||||
11 | Act, including the format
and content of any rules promulgated | ||||||
12 | by the Department of Public Health.
Any such rules, except | ||||||
13 | emergency rules promulgated pursuant to Section 5-45 of
the | ||||||
14 | Illinois Administrative Procedure Act, promulgated without
| ||||||
15 | obtaining the advice of the Advisory Board are null and void. | ||||||
16 | In the event
that the Department fails to follow the advice of | ||||||
17 | the Board, the Department
shall, prior to the promulgation of | ||||||
18 | such rules, transmit a written explanation
of the reason | ||||||
19 | thereof to the Board. During its review of rules, the Board
| ||||||
20 | shall analyze the economic and regulatory impact of those | ||||||
21 | rules. If the
Advisory Board, having been asked for its advice, | ||||||
22 | fails to advise the
Department within 90 days, the rules shall | ||||||
23 | be considered acted upon.
| ||||||
24 | (Source: P.A. 88-45; 89-507, eff. 7-1-97; revised 12-15-05.)
| ||||||
25 | (210 ILCS 45/2-205) (from Ch. 111 1/2, par. 4152-205)
|
| |||||||
| |||||||
1 | Sec. 2-205. The following information is subject to | ||||||
2 | disclosure to
the public from the Department or the Department | ||||||
3 | of Healthcare and Family Services
Public Aid :
| ||||||
4 | (1) Information submitted under Sections 3-103 and 3-207 | ||||||
5 | except
information concerning the remuneration of personnel | ||||||
6 | licensed,
registered, or certified by the Department of | ||||||
7 | Professional Regulation
and monthly charges for an individual | ||||||
8 | private resident;
| ||||||
9 | (2) Records of license and certification inspections, | ||||||
10 | surveys, and
evaluations of facilities, other reports of | ||||||
11 | inspections, surveys, and
evaluations of resident care, and | ||||||
12 | reports concerning a facility prepared
pursuant to Titles XVIII | ||||||
13 | and XIX of the Social Security Act, subject to
the provisions | ||||||
14 | of the Social Security Act;
| ||||||
15 | (3) Cost and reimbursement reports submitted by a facility | ||||||
16 | under
Section 3-208, reports of audits of facilities, and other | ||||||
17 | public
records concerning costs incurred by, revenues received | ||||||
18 | by, and
reimbursement of facilities; and
| ||||||
19 | (4) Complaints filed against a facility and complaint | ||||||
20 | investigation
reports, except that a complaint or complaint | ||||||
21 | investigation report shall
not be disclosed to a person other | ||||||
22 | than the complainant or complainant's
representative before it | ||||||
23 | is disclosed to a facility under Section 3-702,
and, further, | ||||||
24 | except that a complainant or resident's name shall not be
| ||||||
25 | disclosed except under Section 3-702.
| ||||||
26 | The Department shall disclose information under this |
| |||||||
| |||||||
1 | Section in
accordance with provisions for inspection and | ||||||
2 | copying of public records
required by The Freedom of | ||||||
3 | Information Act.
| ||||||
4 | However, the disclosure of information described in | ||||||
5 | subsection (1) shall
not be restricted by any provision of The | ||||||
6 | Freedom of Information Act.
| ||||||
7 | (Source: P.A. 85-1209; 85-1378; revised 12-15-05.)
| ||||||
8 | (210 ILCS 45/2-211) (from Ch. 111 1/2, par. 4152-211)
| ||||||
9 | Sec. 2-211. Each resident and resident's guardian or other | ||||||
10 | person
acting for the resident shall be given a written | ||||||
11 | explanation, prepared by
the Office of the State Long Term Care | ||||||
12 | Ombudsman, of all the rights
enumerated in Part 1 of this | ||||||
13 | Article and in Part 4 of Article III. For
residents of | ||||||
14 | facilities participating in Title XVIII or XIX
18 or 19 of the | ||||||
15 | Social
Security Act, the explanation shall include an | ||||||
16 | explanation of residents'
rights enumerated in that Act. The | ||||||
17 | explanation shall be given at the time
of admission to a | ||||||
18 | facility or as soon thereafter as the condition of the
resident | ||||||
19 | permits, but in no event later than 48 hours after admission, | ||||||
20 | and
again at least annually thereafter. At the time of the | ||||||
21 | implementation of
this Act each resident shall be given a | ||||||
22 | written summary of all the rights
enumerated in Part 1 of this | ||||||
23 | Article.
| ||||||
24 | If a resident is unable to read such written explanation, | ||||||
25 | it shall be
read to the resident in a language the resident |
| |||||||
| |||||||
1 | understands. In the case
of a minor or a person having a | ||||||
2 | guardian or other person acting for him,
both the resident and | ||||||
3 | the parent, guardian or other person acting for the
resident | ||||||
4 | shall be fully informed of these rights.
| ||||||
5 | (Source: P.A. 87-549; revised 9-18-06.)
| ||||||
6 | (210 ILCS 45/3-108) (from Ch. 111 1/2, par. 4153-108)
| ||||||
7 | Sec. 3-108. The Department shall coordinate the functions | ||||||
8 | within State
government affecting facilities licensed under | ||||||
9 | this Act and shall cooperate
with other State agencies which | ||||||
10 | establish standards or requirements for
facilities to assure | ||||||
11 | necessary, equitable, and consistent State supervision
of | ||||||
12 | licensees without unnecessary duplication of survey, | ||||||
13 | evaluation, and
consultation services or complaint | ||||||
14 | investigations. The Department shall
cooperate with the | ||||||
15 | Department of Human Services in regard to facilities
containing | ||||||
16 | more than 20%
of residents for whom the Department of Human | ||||||
17 | Services has mandated
follow-up responsibilities under the | ||||||
18 | Mental Health and Developmental
Disabilities
Administrative | ||||||
19 | Act.
| ||||||
20 | The Department shall cooperate with the Department of | ||||||
21 | Healthcare and Family Services
Public Aid in regard
to | ||||||
22 | facilities where recipients of public aid are residents.
| ||||||
23 | The Department shall immediately refer to the Department of | ||||||
24 | Professional
Regulation for investigation any credible | ||||||
25 | evidence of which it has knowledge
that an individual licensed |
| |||||||
| |||||||
1 | by that Department has violated this Act or any
rule issued | ||||||
2 | under this Act.
| ||||||
3 | The Department shall enter into agreements with other State | ||||||
4 | Departments,
agencies or commissions to effectuate the purpose | ||||||
5 | of this Section.
| ||||||
6 | (Source: P.A. 89-197, eff. 7-21-95; 89-507, eff. 7-1-97; | ||||||
7 | revised 12-15-05.)
| ||||||
8 | (210 ILCS 45/3-109) (from Ch. 111 1/2, par. 4153-109)
| ||||||
9 | Sec. 3-109. Upon receipt and review of an application for a | ||||||
10 | license
made under this Article and inspection of the applicant | ||||||
11 | facility under
this Article, the Director shall issue a license | ||||||
12 | if he finds:
| ||||||
13 | (1) that the individual applicant, or the corporation, | ||||||
14 | partnership
or other entity if the applicant is not an | ||||||
15 | individual, is a person
responsible and suitable to operate or | ||||||
16 | to direct or participate in the
operation of a facility by | ||||||
17 | virtue of financial capacity, appropriate
business or | ||||||
18 | professional experience, a record of compliance with lawful
| ||||||
19 | orders of the Department and lack of revocation of a license | ||||||
20 | during the
previous 5 years;
| ||||||
21 | (2) that the facility is under the supervision of an | ||||||
22 | administrator
who is licensed, if required, under the " Nursing | ||||||
23 | Home Administrators Licensing and Disciplinary Act " ,
as now or | ||||||
24 | hereafter amended; and
| ||||||
25 | (3) that the facility is in substantial compliance with |
| |||||||
| |||||||
1 | this Act,
and such other requirements for a license as the | ||||||
2 | Department by rule may
establish under this Act.
| ||||||
3 | (Source: P.A. 81-1349; revised 9-15-06.)
| ||||||
4 | (210 ILCS 45/3-117) (from Ch. 111 1/2, par. 4153-117)
| ||||||
5 | Sec. 3-117. An application for a license may be denied for | ||||||
6 | any of the
following reasons:
| ||||||
7 | (1) Failure to meet any of the minimum standards set forth | ||||||
8 | by this
Act or by rules and regulations promulgated by the | ||||||
9 | Department under this Act . ;
| ||||||
10 | (2) Conviction of the applicant, or if the applicant is a | ||||||
11 | firm,
partnership or association, of any of its members, or if | ||||||
12 | a corporation,
the conviction of the corporation or any of its | ||||||
13 | officers or
stockholders, or of the person designated to manage | ||||||
14 | or supervise the
facility, of a felony, or of 2 or more | ||||||
15 | misdemeanors involving moral
turpitude, during the previous 5 | ||||||
16 | years as shown by a certified copy
of the record of the court | ||||||
17 | of conviction . ;
| ||||||
18 | (3) Personnel insufficient in number or unqualified by | ||||||
19 | training or
experience to properly care for the proposed number | ||||||
20 | and type of residents . ;
| ||||||
21 | (4) Insufficient financial or other resources to operate | ||||||
22 | and conduct
the facility in accordance with standards | ||||||
23 | promulgated by the Department
under this Act . ;
| ||||||
24 | (5) Revocation of a facility license during the previous 5 | ||||||
25 | years, if
such prior license was issued to the individual |
| |||||||
| |||||||
1 | applicant, a controlling
owner or controlling combination of | ||||||
2 | owners of the applicant; or any
affiliate of the individual | ||||||
3 | applicant or controlling owner of the applicant
and such | ||||||
4 | individual applicant, controlling owner of the applicant or
| ||||||
5 | affiliate of the applicant was a controlling owner of the prior | ||||||
6 | license;
provided, however, that the denial of an application | ||||||
7 | for a license pursuant
to this subsection must be supported by | ||||||
8 | evidence that such prior revocation
renders the applicant | ||||||
9 | unqualified or incapable of meeting or maintaining
a facility | ||||||
10 | in accordance with the standards and rules promulgated by the
| ||||||
11 | Department under this Act . ; or
| ||||||
12 | (6) That the facility is not under the direct supervision | ||||||
13 | of a full-time
administrator, as defined by regulation, who is | ||||||
14 | licensed, if required,
under the Nursing Home Administrators | ||||||
15 | Licensing and Disciplinary Act.
| ||||||
16 | (Source: P.A. 85-1337; revised 9-15-06.)
| ||||||
17 | (210 ILCS 45/3-119) (from Ch. 111 1/2, par. 4153-119)
| ||||||
18 | Sec. 3-119. (a) The Department, after notice to the | ||||||
19 | applicant or
licensee, may suspend, revoke or refuse to renew a | ||||||
20 | license in any case
in which the Department finds any of the | ||||||
21 | following:
| ||||||
22 | (1) There has been a substantial failure to comply with | ||||||
23 | this Act or the
rules and regulations promulgated by the | ||||||
24 | Department under this Act . ;
| ||||||
25 | (2) Conviction of the licensee, or of the person |
| |||||||
| |||||||
1 | designated to manage
or supervise the facility, of a | ||||||
2 | felony, or of 2 or more misdemeanors
involving moral | ||||||
3 | turpitude, during the previous 5 years as shown by a
| ||||||
4 | certified copy of the record of the court of conviction . ;
| ||||||
5 | (3) Personnel is insufficient in number or unqualified | ||||||
6 | by
training or experience to properly care for the number | ||||||
7 | and
type of residents served by the facility . ;
| ||||||
8 | (4) Financial or other resources are insufficient to | ||||||
9 | conduct
and operate the facility in accordance with | ||||||
10 | standards promulgated by the
Department under this Act . ; | ||||||
11 | and
| ||||||
12 | (5) The facility is not under the direct supervision of | ||||||
13 | a full-time
administrator, as defined by regulation, who is | ||||||
14 | licensed, if required,
under the Nursing Home | ||||||
15 | Administrators Licensing and Disciplinary Act.
| ||||||
16 | (b) Notice under this Section shall include a clear and | ||||||
17 | concise
statement of the violations on which the nonrenewal or | ||||||
18 | revocation is
based, the statute or rule violated and notice of | ||||||
19 | the opportunity for a
hearing under Section 3-703.
| ||||||
20 | (c) If a facility desires to contest the nonrenewal or | ||||||
21 | revocation of
a license, the facility shall, within 10 days | ||||||
22 | after receipt of notice
under subsection (b) of this Section, | ||||||
23 | notify the Department in writing
of its request for a hearing | ||||||
24 | under Section 3-703. Upon receipt of the
request the Department | ||||||
25 | shall send notice to the facility and hold a
hearing as | ||||||
26 | provided under Section 3-703.
|
| |||||||
| |||||||
1 | (d) The effective date of nonrenewal or revocation of a | ||||||
2 | license by
the Department shall be any of the following:
| ||||||
3 | (1) Until otherwise ordered by the circuit court, | ||||||
4 | revocation is
effective on the date set by the Department | ||||||
5 | in the notice of revocation,
or upon final action after | ||||||
6 | hearing under Section 3-703, whichever is later . ;
| ||||||
7 | (2) Until otherwise ordered by the circuit court, | ||||||
8 | nonrenewal is
effective on the date of expiration of any | ||||||
9 | existing license, or upon
final action after hearing under | ||||||
10 | Section 3-703, whichever is later; however,
a license shall | ||||||
11 | not be deemed to have expired if the Department fails to
| ||||||
12 | timely respond to a timely request for renewal under this | ||||||
13 | Act or for a hearing
to contest nonrenewal under paragraph | ||||||
14 | (c) . ; or
| ||||||
15 | (3) The Department may extend the effective date of | ||||||
16 | license
revocation or expiration in any case in order to | ||||||
17 | permit orderly removal
and relocation of residents.
| ||||||
18 | The Department may refuse to issue or may suspend the
| ||||||
19 | license of any person who fails to file a return, or to pay the | ||||||
20 | tax,
penalty or interest shown in a filed return, or to pay any | ||||||
21 | final assessment
of tax, penalty or interest, as required by | ||||||
22 | any tax Act administered by the
Illinois Department of Revenue, | ||||||
23 | until such time as the requirements of any
such tax Act are | ||||||
24 | satisfied.
| ||||||
25 | (Source: P.A. 85-1337; revised 9-15-06.)
|
| |||||||
| |||||||
1 | (210 ILCS 45/3-208) (from Ch. 111 1/2, par. 4153-208)
| ||||||
2 | Sec. 3-208. (a) Each licensee shall file annually, or more | ||||||
3 | often as
the Director shall by rule prescribe, an attested | ||||||
4 | financial statement.
The Director may order an audited | ||||||
5 | financial statement
of a particular facility by an auditor of | ||||||
6 | the Director's choice, provided
the cost of such audit is paid | ||||||
7 | by the Department.
| ||||||
8 | (b) No public funds shall be expended for the maintenance | ||||||
9 | of any
resident in a facility which has failed to file the | ||||||
10 | financial statement
required under this Section and no public | ||||||
11 | funds shall be paid to or on
behalf of a facility which has | ||||||
12 | failed to file a statement.
| ||||||
13 | (c) The Director of Public Health and the Director of | ||||||
14 | Healthcare and Family Services
Public Aid
shall promulgate | ||||||
15 | under Sections 3-801 and 3-802, one set of regulations
for the | ||||||
16 | filing of these financial statements, and shall provide in | ||||||
17 | these
regulations for forms, required information, intervals | ||||||
18 | and dates of
filing and such other provisions as they may deem | ||||||
19 | necessary.
| ||||||
20 | (d) The Director of Public Health and the Director of | ||||||
21 | Healthcare and Family Services
Public Aid
shall seek the advice | ||||||
22 | and comments of other State and federal agencies
which require | ||||||
23 | the submission of financial data from facilities licensed
under | ||||||
24 | this Act and shall incorporate the information requirements of
| ||||||
25 | these agencies so as to impose the least possible burden on | ||||||
26 | licensees.
No other State agency may require submission of |
| |||||||
| |||||||
1 | financial data except as
expressly authorized by law or as | ||||||
2 | necessary to meet requirements of
federal statutes or | ||||||
3 | regulations. Information obtained under this Section
shall be | ||||||
4 | made available, upon request, by the Department to any other
| ||||||
5 | State agency or legislative commission to which such | ||||||
6 | information is
necessary for investigations or required for the | ||||||
7 | purposes of State or
federal law or regulation.
| ||||||
8 | (Source: P.A. 81-1349; revised 12-15-05.)
| ||||||
9 | (210 ILCS 45/3-304) (from Ch. 111 1/2, par. 4153-304)
| ||||||
10 | Sec. 3-304. (a) The Department shall prepare on a quarterly | ||||||
11 | basis a
list containing the names and addresses of all | ||||||
12 | facilities against which
the Department during the previous | ||||||
13 | quarter has:
| ||||||
14 | (1) sent a notice under Section 3-307 regarding a
| ||||||
15 | penalty assessment under subsection (1) of Section 3-305;
| ||||||
16 | (2) sent a notice of license revocation under Section | ||||||
17 | 3-119;
| ||||||
18 | (3) sent a notice refusing renewal of a license under | ||||||
19 | Section 3-119;
| ||||||
20 | (4) sent a notice to suspend a license under Section | ||||||
21 | 3-119;
| ||||||
22 | (5) issued a conditional license for violations that | ||||||
23 | have not been
corrected under Section 3-303 or penalties or | ||||||
24 | fines described
under Section 3-305 have been assessed | ||||||
25 | under
Section 3-307 or 3-308;
|
| |||||||
| |||||||
1 | (6) placed a monitor under subsections (a), (b) and (c) | ||||||
2 | of Section 3-501
and under subsection (d) of such Section | ||||||
3 | where license revocation or
nonrenewal notices have also | ||||||
4 | been issued;
| ||||||
5 | (7) initiated an action to appoint a receiver;
| ||||||
6 | (8) recommended to the Director of Healthcare and | ||||||
7 | Family Services (formerly Director of the Department of | ||||||
8 | Public Aid ) , or the
Secretary of the United States | ||||||
9 | Department of Health and Human Services, the
| ||||||
10 | decertification for violations in relation to patient care | ||||||
11 | of a facility
pursuant to Titles XVIII and XIX of the | ||||||
12 | federal Social Security Act.
| ||||||
13 | (b) In addition to the name and address of the facility, | ||||||
14 | the list shall
include the name and address of the person or | ||||||
15 | licensee against whom the
action has been initiated, a | ||||||
16 | self-explanatory summary of the facts which
warranted the | ||||||
17 | initiation of each action, the type of action initiated, the
| ||||||
18 | date of the initiation of the action, the amount of the penalty | ||||||
19 | sought to
be assessed, if any, and the final disposition of the | ||||||
20 | action, if completed.
| ||||||
21 | (c) The list shall be available to any member of the public | ||||||
22 | upon oral
or written request without charge.
| ||||||
23 | (Source: P.A. 85-1378; revised 12-15-05.)
| ||||||
24 | (210 ILCS 45/3-401.1) (from Ch. 111 1/2, par. 4153-401.1)
| ||||||
25 | Sec. 3-401.1. (a) A facility participating in the Medical |
| |||||||
| |||||||
1 | Assistance
Program is prohibited from failing or refusing to | ||||||
2 | retain as a resident any
person because he or she is a | ||||||
3 | recipient of or an applicant for the Medical
Assistance | ||||||
4 | Program.
| ||||||
5 | (a-5) After the effective date of this amendatory Act of | ||||||
6 | 1997, a facility
of which only a distinct part is certified to | ||||||
7 | participate in the Medical
Assistance Program may refuse to | ||||||
8 | retain as a resident any person who resides in
a part of the | ||||||
9 | facility that does not participate in the Medical Assistance
| ||||||
10 | Program and who is unable to pay for his or her care in the | ||||||
11 | facility without
Medical Assistance only if:
| ||||||
12 | (1) the facility, no later than at the time of | ||||||
13 | admission
and at the time of the resident's contract
| ||||||
14 | renewal,
explains to the
resident (unless he or she is | ||||||
15 | incompetent), and to the resident's
representative, and to | ||||||
16 | the person making payment on behalf of the resident for
the | ||||||
17 | resident's stay, in writing, that the facility may | ||||||
18 | discharge the resident
if the
resident is no longer able to | ||||||
19 | pay for his or her care in the facility without
Medical | ||||||
20 | Assistance;
| ||||||
21 | (2) the resident (unless he or she is incompetent), the | ||||||
22 | resident's
representative, and the person making payment | ||||||
23 | on behalf of the resident for the
resident's stay, | ||||||
24 | acknowledge in writing that they have received the written
| ||||||
25 | explanation.
| ||||||
26 | (a-10) For the purposes of this Section, a recipient or
|
| |||||||
| |||||||
1 | applicant shall be considered a resident in the facility during | ||||||
2 | any
hospital stay totaling 10 days or less following a hospital | ||||||
3 | admission.
The Illinois Department of Healthcare and Family | ||||||
4 | Services
Public Aid shall recoup funds from a facility
when, as | ||||||
5 | a result of the facility's refusal to readmit a recipient after
| ||||||
6 | hospitalization for 10 days or less, the recipient incurs | ||||||
7 | hospital bills in
an amount greater than the amount that would | ||||||
8 | have been paid by that
Department (formerly the Illinois | ||||||
9 | Department of Public Aid) for care of the recipient in the | ||||||
10 | facility. The amount of the
recoupment shall be the difference | ||||||
11 | between the Department of Healthcare and Family Services' | ||||||
12 | (formerly the Illinois Department of
Public Aid's ) payment for | ||||||
13 | hospital care and the amount that Department
would have paid | ||||||
14 | for care in the facility.
| ||||||
15 | (b) A facility which violates this Section shall be guilty | ||||||
16 | of a business
offense and fined not less than $500 nor more | ||||||
17 | than $1,000 for the first
offense and not less than $1,000 nor | ||||||
18 | more than $5,000 for each subsequent
offense.
| ||||||
19 | (Source: P.A. 90-310, eff. 8-1-97; revised 12-15-05.)
| ||||||
20 | (210 ILCS 45/3-405) (from Ch. 111 1/2, par. 4153-405)
| ||||||
21 | Sec. 3-405. A copy of the notice required by Section 3-402 | ||||||
22 | shall be placed
in the resident's clinical record and a copy | ||||||
23 | shall be transmitted to the
Department, the resident, the | ||||||
24 | resident's representative, and, if the resident's
care is paid | ||||||
25 | for in whole or part through Title XIX, to the
Department of |
| |||||||
| |||||||
1 | Healthcare and Family Services
Public Aid .
| ||||||
2 | (Source: P.A. 81-223; revised 12-15-05.)
| ||||||
3 | (210 ILCS 45/3-406) (from Ch. 111 1/2, par. 4153-406)
| ||||||
4 | Sec. 3-406. When the basis for an involuntary transfer or | ||||||
5 | discharge is
the result of an action by the Department of | ||||||
6 | Healthcare and Family Services (formerly Department of Public | ||||||
7 | Aid ) with
respect to a recipient of Title XIX and a hearing | ||||||
8 | request is filed with
the Department of Healthcare and Family | ||||||
9 | Services (formerly Department of Public Aid ) , the 21-day | ||||||
10 | written notice period shall not
begin until a final decision in | ||||||
11 | the matter is rendered by the Department of Healthcare and | ||||||
12 | Family Services (formerly Department
of Public Aid ) or a court | ||||||
13 | of competent jurisdiction and notice of that final
decision is | ||||||
14 | received by the resident and the facility.
| ||||||
15 | (Source: P.A. 81-223; revised 12-15-05.)
| ||||||
16 | (210 ILCS 45/3-411) (from Ch. 111 1/2, par. 4153-411)
| ||||||
17 | Sec. 3-411. The Department of Public Health, when the basis | ||||||
18 | for
involuntary transfer or discharge is other than action by | ||||||
19 | the Department of Healthcare and Family Services (formerly
| ||||||
20 | Department
of Public Aid ) with respect to the Title XIX | ||||||
21 | Medicaid recipient, shall
hold a hearing at the resident's | ||||||
22 | facility not later than 10 days after a
hearing request is | ||||||
23 | filed, and render a decision within 14 days after the
filing of | ||||||
24 | the hearing request.
|
| |||||||
| |||||||
1 | (Source: P.A. 81-1349; revised 12-15-05.)
| ||||||
2 | (210 ILCS 45/3-414) (from Ch. 111 1/2, par. 4153-414)
| ||||||
3 | Sec. 3-414. The Department of Healthcare and Family | ||||||
4 | Services
Public Aid shall continue Title XIX Medicaid
funding | ||||||
5 | during the appeal, transfer, or discharge period for those | ||||||
6 | residents
who are Title XIX recipients affected by Section | ||||||
7 | 3-401.
| ||||||
8 | (Source: P.A. 81-223; revised 12-15-05.)
| ||||||
9 | (210 ILCS 45/3-508) (from Ch. 111 1/2, par. 4153-508)
| ||||||
10 | Sec. 3-508. A receiver appointed under this Act:
| ||||||
11 | (a) Shall exercise those powers and shall perform those | ||||||
12 | duties set out
by the court . ;
| ||||||
13 | (b) Shall operate the facility in such a manner as to | ||||||
14 | assure safety and
adequate health care for the residents . ;
| ||||||
15 | (c) Shall have the same rights to possession of the | ||||||
16 | building in which
the facility is located and of all goods and | ||||||
17 | fixtures in the building at
the time the petition for | ||||||
18 | receivership is filed as the owner would have
had if the | ||||||
19 | receiver had not been appointed, and of all assets of the | ||||||
20 | facility.
The receiver shall take such action as is reasonably | ||||||
21 | necessary to protect
or conserve the assets or property of | ||||||
22 | which the receiver takes possession,
or the proceeds from any | ||||||
23 | transfer thereof, and may use them only in the
performance of | ||||||
24 | the powers and duties set forth in this Section and by order
of |
| |||||||
| |||||||
1 | the court . ;
| ||||||
2 | (d) May use the building, fixtures, furnishings and any | ||||||
3 | accompanying
consumable goods in the provision of care and | ||||||
4 | services to residents and to
any other persons receiving | ||||||
5 | services from the facility at the time the
petition for | ||||||
6 | receivership was filed. The receiver shall collect payments
for | ||||||
7 | all goods and services provided to residents or others during | ||||||
8 | the
period of the receivership at the same rate of payment | ||||||
9 | charged by the
owners at the time the petition for receivership | ||||||
10 | was filed . ;
| ||||||
11 | (e) May correct or eliminate any deficiency in the | ||||||
12 | structure or furnishings
of the facility which endangers the | ||||||
13 | safety or health of residents while
they remain in the | ||||||
14 | facility, provided the total cost of correction does
not exceed | ||||||
15 | $3,000. The court may order expenditures for this purpose
in | ||||||
16 | excess of $3,000 on application from the receiver after notice | ||||||
17 | to the
owner and hearing . ;
| ||||||
18 | (f) May let contracts and hire agents and employees to | ||||||
19 | carry out the powers
and duties of the receiver under this | ||||||
20 | Section . ;
| ||||||
21 | (g) Except as specified in Section 3-510, shall honor all | ||||||
22 | leases, mortgages
and secured transactions governing the | ||||||
23 | building in which the facility is
located and all goods and | ||||||
24 | fixtures in the building of which the receiver
has taken | ||||||
25 | possession, but only to the extent of payments which, in the | ||||||
26 | case
of a rental agreement, are for the use of the property |
| |||||||
| |||||||
1 | during the period
of the receivership, or which, in the case of | ||||||
2 | a purchase agreement, come
due during the period of the | ||||||
3 | receivership.
| ||||||
4 | (h) Shall have full power to direct and manage and to | ||||||
5 | discharge employees
of the facility, subject to any contract | ||||||
6 | rights they may have. The receiver
shall pay employees at the | ||||||
7 | same rate of compensation, including benefits,
that the | ||||||
8 | employees would have received from the owner. Receivership does
| ||||||
9 | not relieve the owner of any obligation to employees not | ||||||
10 | carried out by
the receiver . ;
| ||||||
11 | (i) Shall, if any resident is transferred or discharged, | ||||||
12 | follow the
procedures set forth in Part 4 of this Article.
| ||||||
13 | (j) Shall be entitled to and shall take possession of all | ||||||
14 | property or
assets of residents which are in the possession of | ||||||
15 | a facility or its
owner. The receiver shall preserve all | ||||||
16 | property, assets and records of
residents of which the receiver | ||||||
17 | takes possession and shall provide for the
prompt transfer of | ||||||
18 | the property, assets and records to the new placement
of any | ||||||
19 | transferred resident.
| ||||||
20 | (k) Shall report to the court on any actions he has taken | ||||||
21 | to bring the
facility into compliance with this Act or with | ||||||
22 | Title XVIII or XIX
18 or 19 of the Social
Security Act that he | ||||||
23 | believes should be continued when the receivership is
| ||||||
24 | terminated in order to protect the health, safety or welfare of | ||||||
25 | the residents.
| ||||||
26 | (Source: P.A. 90-655, eff. 7-30-98; revised 9-18-06.)
|
| |||||||
| |||||||
1 | (210 ILCS 45/3-805) (from Ch. 111 1/2, par. 4153-805)
| ||||||
2 | Sec. 3-805. (a) The Department shall conduct a pilot | ||||||
3 | project to
examine, study and contrast the Joint Commission on | ||||||
4 | the Accreditation of
Health Care Organizations ("Commission") | ||||||
5 | accreditation review process with
the current regulations and | ||||||
6 | licensure surveys process conducted by the
Department for | ||||||
7 | long-term care facilities. This pilot project will enable
| ||||||
8 | qualified facilities to apply for participation in the project, | ||||||
9 | in which
surveys completed by the Commission are accepted by | ||||||
10 | the Department in lieu of
inspections required by this Act, as | ||||||
11 | provided in subsection (b) of this
Section. It is intended that | ||||||
12 | this pilot project shall commence on January 1,
1990, and shall | ||||||
13 | conclude on December 31, 2000, with a final report
to be
| ||||||
14 | submitted to the Governor and the General Assembly by June 30, | ||||||
15 | 2001.
| ||||||
16 | (b) (1) In lieu of conducting an inspection for license | ||||||
17 | renewal under
this Act, the Department may accept from a | ||||||
18 | facility that is accredited
by the Commission under the | ||||||
19 | Commission's long-term care standards the
facility's most | ||||||
20 | recent annual accreditation review by the Commission. In
| ||||||
21 | addition to such review, the facility shall submit any fee or | ||||||
22 | other license
renewal report or information required by law. | ||||||
23 | The Department may accept
such review for so long as the | ||||||
24 | Commission maintains an annual inspection or
review program. If | ||||||
25 | the Commission does not conduct an on-site annual
inspection or |
| |||||||
| |||||||
1 | review, the Department shall conduct an inspection as
otherwise | ||||||
2 | required by this Act. If the Department determines that an
| ||||||
3 | annual on-site inspection or review conducted by the Commission | ||||||
4 | does not
meet minimum standards set by the Department, the | ||||||
5 | Department shall not
accept the Commission's accreditation | ||||||
6 | review and shall conduct an
inspection as otherwise required by | ||||||
7 | this Act.
| ||||||
8 | The Department shall establish procedures applicable to | ||||||
9 | the pilot project
conducted pursuant to this Section. The | ||||||
10 | procedures shall provide for a
review of the Commission's | ||||||
11 | survey findings that may be Type "A" or Type
"B" violations | ||||||
12 | under this Act requiring immediate correction, the taking of
| ||||||
13 | necessary and appropriate action to determine whether such | ||||||
14 | violations
exist, and steps to effect corrective action in | ||||||
15 | cooperation with the
Commission, or otherwise under this Act, | ||||||
16 | as may be necessary. The
Department shall also establish | ||||||
17 | procedures to require the Commission to
immediately report to | ||||||
18 | the Department any survey finding that constitutes a
condition | ||||||
19 | or occurrence relating to the operation and maintenance of a
| ||||||
20 | facility which presents a substantial probability that death or | ||||||
21 | serious
mental or physical harm to a resident will result | ||||||
22 | therefrom, so as to
enable the Department to take necessary and | ||||||
23 | appropriate action under this Act.
| ||||||
24 | (2) This subsection (b) does not limit the Department in | ||||||
25 | performing any
inspections or other duties authorized by this | ||||||
26 | Act, or under any contract
relating to the medical assistance |
| |||||||
| |||||||
1 | program administered by the Illinois
Department of Healthcare | ||||||
2 | and Family Services
Public Aid , or under Title XVIII or Title | ||||||
3 | XIX of the Social
Security Act.
| ||||||
4 | (3) No facility shall be required to obtain accreditation | ||||||
5 | from the
Commission.
| ||||||
6 | (c) Participation in the pilot project shall be limited to | ||||||
7 | facilities
selected at random by the Director, provided that:
| ||||||
8 | (1) facilities shall apply to the Director for | ||||||
9 | selection to participate;
| ||||||
10 | (2) facilities which are currently accredited by the | ||||||
11 | Commission may
apply to participate;
| ||||||
12 | (3) any facility not accredited by the Commission at | ||||||
13 | the time of
application to participate in the pilot project | ||||||
14 | shall apply for such
accreditation;
| ||||||
15 | (4) the number of facilities so selected shall be no | ||||||
16 | greater than 15%
of the total number of long-term care | ||||||
17 | facilities licensed under this Act;
| ||||||
18 | (5) the number of facilities so selected shall be | ||||||
19 | divided equally
between facilities having fewer than 100 | ||||||
20 | beds and facilities having 100
or more beds;
| ||||||
21 | (6) facilities so selected shall have been licensed for | ||||||
22 | more than 2
years and shall not have been issued a | ||||||
23 | conditional license within 2 years
before applying for | ||||||
24 | participation in the pilot project; and
| ||||||
25 | (7) no facilities so selected shall have been issued a | ||||||
26 | notice of a Type
"A" violation within one year before |
| |||||||
| |||||||
1 | applying for participation in the pilot
project.
| ||||||
2 | (d) Inspections and surveys conducted by the Commission | ||||||
3 | under
the pilot project for initial or continued accreditation | ||||||
4 | shall not be
announced in advance to the facility being | ||||||
5 | inspected or surveyed, and shall
provide for participation in | ||||||
6 | the inspection or survey process by residents
of the facility | ||||||
7 | and the public.
| ||||||
8 | (e) With respect to any facility accredited by the | ||||||
9 | Commission, the
Commission shall submit to the Department | ||||||
10 | copies of:
| ||||||
11 | (1) the accreditation award letter;
| ||||||
12 | (2) the accreditation report, including | ||||||
13 | recommendations and comments by
the Commission; and
| ||||||
14 | (3) any correspondence directly related to the | ||||||
15 | accreditation.
| ||||||
16 | (f) No facility which is denied initial or continued | ||||||
17 | accreditation by
the Commission shall participate in the pilot | ||||||
18 | project.
| ||||||
19 | (g) The Director shall meet at least once every 6 months | ||||||
20 | with the
director of the Commission's long-term care facility | ||||||
21 | accreditation program
to review, coordinate and modify as | ||||||
22 | necessary the services performed by the
Commission under the | ||||||
23 | pilot project. On or before June 30, 1993, the
Director shall | ||||||
24 | submit to the Governor and to the General Assembly a report
| ||||||
25 | evaluating the pilot project and making any recommendations | ||||||
26 | deemed necessary.
|
| |||||||
| |||||||
1 | (h) This Section does not limit the Department in | ||||||
2 | performing any
inspections or other duties authorized by this | ||||||
3 | Act, or under any contract
relating to the medical assistance | ||||||
4 | program administered by the Illinois
Department of Healthcare | ||||||
5 | and Family Services
Public Aid , or under Title XVIII or Title | ||||||
6 | XIX of the Social
Security Act.
| ||||||
7 | (Source: P.A. 89-171, eff. 7-19-95; 89-381, eff. 8-18-95; | ||||||
8 | 89-626,
eff. 8-9-96; 90-353, eff. 8-8-97; revised 12-15-05.)
| ||||||
9 | (210 ILCS 45/3A-101)
| ||||||
10 | Sec. 3A-101. Cooperative arrangements. Not later than June | ||||||
11 | 30, 1996,
the Department shall enter
into
one or more | ||||||
12 | cooperative arrangements with the Illinois Department of | ||||||
13 | Public
Aid,
the Department on Aging, the Office of the State | ||||||
14 | Fire Marshal, and any other
appropriate entity for the purpose | ||||||
15 | of developing a single survey for nursing
facilities, including | ||||||
16 | but not limited to facilities funded under Title XVIII
or Title | ||||||
17 | XIX of the federal Social Security Act, or both, which shall be
| ||||||
18 | administered and conducted solely by the Department.
The | ||||||
19 | Departments shall test the single survey process on a pilot | ||||||
20 | basis, with
both the Departments of Public Aid and Public | ||||||
21 | Health represented on the
consolidated survey team. The pilot | ||||||
22 | will sunset June 30, 1997. After June 30,
1997, unless | ||||||
23 | otherwise determined by the Governor, a single survey shall be
| ||||||
24 | implemented by the Department of Public Health which would not | ||||||
25 | preclude staff
from the Department of Healthcare and Family |
| |||||||
| |||||||
1 | Services (formerly Department of Public Aid ) from going on-site | ||||||
2 | to nursing facilities to
perform necessary audits and reviews | ||||||
3 | which shall not replicate the single State
agency survey | ||||||
4 | required by this Act.
This Article shall not
apply to community | ||||||
5 | or intermediate care facilities for the developmentally
| ||||||
6 | disabled.
| ||||||
7 | (Source: P.A. 89-415, eff. 1-1-96; revised 12-15-05.)
| ||||||
8 | Section 635. The Home Health, Home Services, and Home | ||||||
9 | Nursing Agency Licensing Act is amended by changing Sections 2 | ||||||
10 | and 11 as follows:
| ||||||
11 | (210 ILCS 55/2) (from Ch. 111 1/2, par. 2802)
| ||||||
12 | Sec. 2. As used in this Act, unless the context requires
| ||||||
13 | otherwise, the terms defined in the following Sections | ||||||
14 | preceding
proceeding Section 3
have the meanings ascribed to | ||||||
15 | them in those Sections.
| ||||||
16 | (Source: P.A. 94-379, eff. 1-1-06; revised 9-27-05.)
| ||||||
17 | (210 ILCS 55/11) (from Ch. 111 1/2, par. 2811)
| ||||||
18 | Sec. 11. (a) Each licensee shall file annually, or more | ||||||
19 | often as the
Director shall by rule prescribe, an attested | ||||||
20 | financial statement. An
audited financial statement may be | ||||||
21 | required of a particular facility, if
the Director determines | ||||||
22 | that additional information is needed.
| ||||||
23 | (b) No public funds shall be expended for the services of
a |
| |||||||
| |||||||
1 | home health agency which has failed to file the
financial | ||||||
2 | statement required by this Section.
| ||||||
3 | (c) The Director of the Illinois Department of Public | ||||||
4 | Health and the
Director of the Illinois Department of | ||||||
5 | Healthcare and Family Services
Public Aid shall promulgate one
| ||||||
6 | set of regulations for the filing of financial statements, and | ||||||
7 | shall
provide in these regulations for forms, information | ||||||
8 | required, intervals
and dates of filing, and such other | ||||||
9 | provisions as he may deem necessary.
Regulations shall be | ||||||
10 | published in sufficient time to permit those
licensees who must | ||||||
11 | first file financial statements time in which to do
so.
| ||||||
12 | (d) The Director shall seek the advice and comments of | ||||||
13 | other State
and Federal agencies which require the submission | ||||||
14 | of financial data from
home health agencies licensed under this | ||||||
15 | Act and shall
incorporate the information
requirements of these | ||||||
16 | agencies into the forms it adopts or issues under
this Act and | ||||||
17 | shall otherwise coordinate its regulations with the
| ||||||
18 | requirements of these agencies so as to impose the least | ||||||
19 | possible burden
on licensees. No other State agency may require | ||||||
20 | submission of financial
data except as expressly authorized by | ||||||
21 | law or as necessary to meet
requirements of federal law or | ||||||
22 | regulation. Information obtained under
this Section shall be | ||||||
23 | made available, upon request, by the Department to
any other | ||||||
24 | State agency or legislative commission to which such
| ||||||
25 | information is necessary for investigations or to execute the | ||||||
26 | intent of
State or Federal law or regulation.
|
| |||||||
| |||||||
1 | (Source: P.A. 80-804; revised 12-15-05.)
| ||||||
2 | Section 640. The Supportive Residences Licensing Act is | ||||||
3 | amended by changing Sections 20 and 30 as follows:
| ||||||
4 | (210 ILCS 65/20) (from Ch. 111 1/2, par. 9020)
| ||||||
5 | Sec. 20. Licensing standards.
| ||||||
6 | (a) The Department shall promulgate rules establishing | ||||||
7 | minimum standards for
licensing and operating Supportive | ||||||
8 | Residences in municipalities with a
population over 500,000. No | ||||||
9 | such municipality shall have more than 12
Supportive | ||||||
10 | Residences. These rules shall regulate the operation and | ||||||
11 | conduct of
Supportive Residences and shall include but not be | ||||||
12 | limited to:
| ||||||
13 | (1) development and maintenance of a case management | ||||||
14 | system by which an
integrated care plan is to be created | ||||||
15 | for each resident;
| ||||||
16 | (2) the training and qualifications of personnel | ||||||
17 | directly responsible for
providing care to residents;
| ||||||
18 | (3) provisions and criteria for admission, discharge, | ||||||
19 | and transfer of
residents;
| ||||||
20 | (4) provisions for residents to receive appropriate | ||||||
21 | programming and
support services commensurate with their | ||||||
22 | individual needs;
| ||||||
23 | (5) agreements between Supportive Residences and | ||||||
24 | hospitals or other
health care providers;
|
| |||||||
| |||||||
1 | (6) residents' rights and responsibilities and those | ||||||
2 | of their families and guardians;
| ||||||
3 | (7) fee and other contractual agreements between | ||||||
4 | Supportive Residences and residents;
| ||||||
5 | (8) medical and supportive services for residents;
| ||||||
6 | (9) the safety, cleanliness, and general adequacy of | ||||||
7 | the premises,
including provision for maintenance of fire | ||||||
8 | and health standards that
conform to State laws and | ||||||
9 | municipal codes, to provide for the physical
comfort, | ||||||
10 | well-being, care, and protection of the residents;
| ||||||
11 | (10) maintenance of records and residents' rights of | ||||||
12 | access to those
records; and
| ||||||
13 | (11) procedures for reporting abuse or neglect of | ||||||
14 | residents.
| ||||||
15 | (b) The rules shall also regulate the general financial | ||||||
16 | ability,
competence, character, and qualifications of the | ||||||
17 | applicant to
provide appropriate care and comply with this Act.
| ||||||
18 | (c) The Department may promulgate special rules and | ||||||
19 | regulations establishing
minimum standards for Supportive
| ||||||
20 | Support Residences that permit the admission of:
| ||||||
21 | (1) residents who are parents with children, whether | ||||||
22 | either or both
have HIV Disease; or
| ||||||
23 | (2) residents with HIV Disease who are also | ||||||
24 | developmentally or physically
disabled.
| ||||||
25 | (d) Nothing in this Act shall be construed to impair or | ||||||
26 | abridge the power
of municipalities to enforce municipal zoning |
| |||||||
| |||||||
1 | or land use ordinances.
| ||||||
2 | (Source: P.A. 87-840; 88-500; revised 9-18-06.)
| ||||||
3 | (210 ILCS 65/30) (from Ch. 111 1/2, par. 9030)
| ||||||
4 | Sec. 30. Departmental inspection.
| ||||||
5 | (a) The Department may inspect the records and premises of | ||||||
6 | a Supportive
Residence whenever the Department determines it to | ||||||
7 | be appropriate.
| ||||||
8 | (b) The Department shall investigate all reports of | ||||||
9 | violations from any
other governmental entity that also has | ||||||
10 | monitoring responsibilities for
Supportive
Support Residences.
| ||||||
11 | (c) If the Department determines that a Supportive | ||||||
12 | Residence is not in
compliance with this Act, the Department | ||||||
13 | shall promptly serve a notice of
violation upon the licensee.
| ||||||
14 | Each notice of violation shall be prepared in writing and shall | ||||||
15 | specify the
nature of the violation, the statutory provision or | ||||||
16 | rule alleged to have
been violated, and the requirement that | ||||||
17 | the licensee submit a plan of
correction to the Department. The | ||||||
18 | notice shall also inform the licensee of
any other action the | ||||||
19 | Department might take under this Act and
of his right to a | ||||||
20 | hearing under Section 55 of this Act.
| ||||||
21 | (Source: P.A. 87-840; revised 9-18-06.)
| ||||||
22 | Section 645. The Hospital Licensing Act is amended by | ||||||
23 | changing Section 10.4 as follows:
|
| |||||||
| |||||||
1 | (210 ILCS 85/10.4) (from Ch. 111 1/2, par. 151.4)
| ||||||
2 | Sec. 10.4. Medical staff privileges.
| ||||||
3 | (a) Any hospital licensed under this Act or any hospital | ||||||
4 | organized under the
University of Illinois Hospital Act shall, | ||||||
5 | prior to the granting of any medical
staff privileges to an | ||||||
6 | applicant, or renewing a current medical staff member's
| ||||||
7 | privileges, request of the Director of Professional Regulation | ||||||
8 | information
concerning the licensure status and any | ||||||
9 | disciplinary action taken against the
applicant's or medical | ||||||
10 | staff member's license, except: (1) for medical personnel who
| ||||||
11 | enter a hospital to obtain organs and tissues for transplant | ||||||
12 | from a donor in accordance with the Illinois Anatomical Gift | ||||||
13 | Act; or (2) for medical personnel who have been granted | ||||||
14 | disaster privileges pursuant to the procedures and | ||||||
15 | requirements established by rules adopted by the Department. | ||||||
16 | Any hospital and any employees of the hospital or others | ||||||
17 | involved in granting privileges who
that , in good faith, grant
| ||||||
18 | grants disaster privileges pursuant to this Section to respond | ||||||
19 | to an emergency shall not, as a result of their
his, her, or | ||||||
20 | its acts or omissions, be liable for civil damages for granting | ||||||
21 | or denying disaster privileges except in the event of willful | ||||||
22 | and wanton misconduct, as that term is defined in Section 10.2 | ||||||
23 | of this Act. Individuals granted privileges who provide care in | ||||||
24 | an emergency situation, in good faith and without direct | ||||||
25 | compensation, shall not, as a result of their
his or her acts | ||||||
26 | or omissions, except for acts or omissions involving willful |
| |||||||
| |||||||
1 | and wanton misconduct, as that term is defined in Section 10.2 | ||||||
2 | of this Act, on the part of the person, be liable for civil | ||||||
3 | damages. The Director of
Professional Regulation shall | ||||||
4 | transmit, in writing and in a timely fashion,
such information | ||||||
5 | regarding the license of the applicant or the medical staff
| ||||||
6 | member, including the record of imposition of any periods of
| ||||||
7 | supervision or monitoring as a result of alcohol or
substance | ||||||
8 | abuse, as provided by Section 23 of the Medical
Practice Act of | ||||||
9 | 1987, and such information as may have been
submitted to the | ||||||
10 | Department indicating that the application
or medical staff | ||||||
11 | member has been denied, or has surrendered,
medical staff | ||||||
12 | privileges at a hospital licensed under this
Act, or any | ||||||
13 | equivalent facility in another state or
territory of the United | ||||||
14 | States. The Director of Professional Regulation
shall define by | ||||||
15 | rule the period for timely response to such requests.
| ||||||
16 | No transmittal of information by the Director of | ||||||
17 | Professional Regulation,
under this Section shall be to other | ||||||
18 | than the president, chief
operating officer, chief | ||||||
19 | administrative officer, or chief of
the medical staff of a | ||||||
20 | hospital licensed under this Act, a
hospital organized under | ||||||
21 | the University of Illinois Hospital Act, or a hospital
operated | ||||||
22 | by the United States, or any of its instrumentalities. The
| ||||||
23 | information so transmitted shall be afforded the same status
as | ||||||
24 | is information concerning medical studies by Part 21 of Article | ||||||
25 | VIII of the
Code of Civil Procedure, as now or hereafter | ||||||
26 | amended.
|
| |||||||
| |||||||
1 | (b) All hospitals licensed under this Act, except county | ||||||
2 | hospitals as
defined in subsection (c) of Section 15-1 of the | ||||||
3 | Illinois Public Aid Code,
shall comply with, and the medical | ||||||
4 | staff bylaws of these hospitals shall
include rules consistent | ||||||
5 | with, the provisions of this Section in granting,
limiting, | ||||||
6 | renewing, or denying medical staff membership and
clinical | ||||||
7 | staff privileges. Hospitals that require medical staff members | ||||||
8 | to
possess
faculty status with a specific institution of higher | ||||||
9 | education are not required
to comply with subsection (1) below | ||||||
10 | when the physician does not possess faculty
status.
| ||||||
11 | (1) Minimum procedures for
pre-applicants and | ||||||
12 | applicants for medical staff
membership shall include the | ||||||
13 | following:
| ||||||
14 | (A) Written procedures relating to the acceptance | ||||||
15 | and processing of
pre-applicants or applicants for | ||||||
16 | medical staff membership, which should be
contained in
| ||||||
17 | medical staff bylaws.
| ||||||
18 | (B) Written procedures to be followed in | ||||||
19 | determining
a pre-applicant's or
an applicant's
| ||||||
20 | qualifications for being granted medical staff | ||||||
21 | membership and privileges.
| ||||||
22 | (C) Written criteria to be followed in evaluating
a | ||||||
23 | pre-applicant's or
an applicant's
qualifications.
| ||||||
24 | (D) An evaluation of
a pre-applicant's or
an | ||||||
25 | applicant's current health status and current
license | ||||||
26 | status in Illinois.
|
| |||||||
| |||||||
1 | (E) A written response to each
pre-applicant or
| ||||||
2 | applicant that explains the reason or
reasons for any | ||||||
3 | adverse decision (including all reasons based in whole | ||||||
4 | or
in part on the applicant's medical qualifications or | ||||||
5 | any other basis,
including economic factors).
| ||||||
6 | (2) Minimum procedures with respect to medical staff | ||||||
7 | and clinical
privilege determinations concerning current | ||||||
8 | members of the medical staff shall
include the following:
| ||||||
9 | (A) A written notice of an adverse decision.
| ||||||
10 | (B) An explanation of the reasons for an adverse | ||||||
11 | decision including all
reasons based on the quality of | ||||||
12 | medical care or any other basis, including
economic | ||||||
13 | factors.
| ||||||
14 | (C) A statement of the medical staff member's right | ||||||
15 | to request a fair
hearing on the adverse decision | ||||||
16 | before a hearing panel whose membership is
mutually | ||||||
17 | agreed upon by the medical staff and the hospital | ||||||
18 | governing board. The
hearing panel shall have | ||||||
19 | independent authority to recommend action to the
| ||||||
20 | hospital governing board. Upon the request of the | ||||||
21 | medical staff member or the
hospital governing board, | ||||||
22 | the hearing panel shall make findings concerning the
| ||||||
23 | nature of each basis for any adverse decision | ||||||
24 | recommended to and accepted by
the hospital governing | ||||||
25 | board.
| ||||||
26 | (i) Nothing in this subparagraph (C) limits a |
| |||||||
| |||||||
1 | hospital's or medical
staff's right to summarily | ||||||
2 | suspend, without a prior hearing, a person's | ||||||
3 | medical
staff membership or clinical privileges if | ||||||
4 | the continuation of practice of a
medical staff | ||||||
5 | member constitutes an immediate danger to the | ||||||
6 | public, including
patients, visitors, and hospital | ||||||
7 | employees and staff. A fair hearing shall be
| ||||||
8 | commenced within 15 days after the suspension and | ||||||
9 | completed without delay.
| ||||||
10 | (ii) Nothing in this subparagraph (C) limits a | ||||||
11 | medical staff's right
to permit, in the medical | ||||||
12 | staff bylaws, summary suspension of membership or
| ||||||
13 | clinical privileges in designated administrative | ||||||
14 | circumstances as specifically
approved by the | ||||||
15 | medical staff. This bylaw provision must | ||||||
16 | specifically describe
both the administrative | ||||||
17 | circumstance that can result in a summary | ||||||
18 | suspension
and the length of the summary | ||||||
19 | suspension. The opportunity for a fair hearing is
| ||||||
20 | required for any administrative summary | ||||||
21 | suspension. Any requested hearing must
be | ||||||
22 | commenced within 15 days after the summary | ||||||
23 | suspension and completed without
delay. Adverse | ||||||
24 | decisions other than suspension or other | ||||||
25 | restrictions on the
treatment or admission of | ||||||
26 | patients may be imposed summarily and without a
|
| |||||||
| |||||||
1 | hearing under designated administrative | ||||||
2 | circumstances as specifically provided
for in the | ||||||
3 | medical staff bylaws as approved by the medical | ||||||
4 | staff.
| ||||||
5 | (iii) If a hospital exercises its option to | ||||||
6 | enter into an exclusive
contract and that contract | ||||||
7 | results in the total or partial termination or
| ||||||
8 | reduction of medical staff membership or clinical | ||||||
9 | privileges of a current
medical staff member, the | ||||||
10 | hospital shall provide the affected medical staff
| ||||||
11 | member 60 days prior notice of the effect on his or | ||||||
12 | her medical staff
membership or privileges. An | ||||||
13 | affected medical staff member desiring a hearing
| ||||||
14 | under subparagraph (C) of this paragraph (2) must | ||||||
15 | request the hearing within 14
days after the date | ||||||
16 | he or she is so notified. The requested hearing | ||||||
17 | shall be
commenced and completed (with a report and | ||||||
18 | recommendation to the affected
medical staff | ||||||
19 | member, hospital governing board, and medical | ||||||
20 | staff) within 30
days after the date of the medical | ||||||
21 | staff member's request. If agreed upon by
both the | ||||||
22 | medical staff and the hospital governing board, | ||||||
23 | the medical staff
bylaws may provide for longer | ||||||
24 | time periods.
| ||||||
25 | (D) A statement of the member's right to inspect | ||||||
26 | all pertinent
information in the hospital's possession |
| |||||||
| |||||||
1 | with respect to the decision.
| ||||||
2 | (E) A statement of the member's right to present | ||||||
3 | witnesses and other
evidence at the hearing on the | ||||||
4 | decision.
| ||||||
5 | (F) A written notice and written explanation of the | ||||||
6 | decision resulting
from the hearing.
| ||||||
7 | (F-5) A written notice of a final adverse decision | ||||||
8 | by a hospital
governing board.
| ||||||
9 | (G) Notice given 15 days before implementation of | ||||||
10 | an adverse medical
staff membership or clinical | ||||||
11 | privileges decision based substantially on
economic | ||||||
12 | factors. This notice shall be given after the medical | ||||||
13 | staff member
exhausts all applicable procedures under | ||||||
14 | this Section, including item (iii) of
subparagraph (C) | ||||||
15 | of this paragraph (2), and under the medical staff | ||||||
16 | bylaws in
order to allow sufficient time for the | ||||||
17 | orderly provision of patient care.
| ||||||
18 | (H) Nothing in this paragraph (2) of this | ||||||
19 | subsection (b) limits a
medical staff member's right to | ||||||
20 | waive, in writing, the rights provided in
| ||||||
21 | subparagraphs (A) through (G) of this paragraph (2) of | ||||||
22 | this subsection (b) upon
being granted the written | ||||||
23 | exclusive right to provide particular services at a
| ||||||
24 | hospital, either individually or as a member of a | ||||||
25 | group. If an exclusive
contract is signed by a | ||||||
26 | representative of a group of physicians, a waiver
|
| |||||||
| |||||||
1 | contained in the contract shall apply to all members of | ||||||
2 | the group unless stated
otherwise in the contract.
| ||||||
3 | (3) Every adverse medical staff membership and | ||||||
4 | clinical privilege decision
based substantially on | ||||||
5 | economic factors shall be reported to the Hospital
| ||||||
6 | Licensing Board before the decision takes effect. These | ||||||
7 | reports shall not be
disclosed in any form that reveals the | ||||||
8 | identity of any hospital or physician.
These reports shall | ||||||
9 | be utilized to study the effects that hospital medical
| ||||||
10 | staff membership and clinical privilege decisions based | ||||||
11 | upon economic factors
have on access to care and the | ||||||
12 | availability of physician services. The
Hospital Licensing | ||||||
13 | Board shall submit an initial study to the Governor and the
| ||||||
14 | General Assembly by January 1, 1996, and subsequent reports | ||||||
15 | shall be submitted
periodically thereafter.
| ||||||
16 | (4) As used in this Section:
| ||||||
17 | "Adverse decision" means a decision reducing, | ||||||
18 | restricting, suspending,
revoking, denying, or not | ||||||
19 | renewing medical staff membership or clinical
privileges.
| ||||||
20 | "Economic factor" means any information or reasons for | ||||||
21 | decisions unrelated
to quality of care or professional | ||||||
22 | competency.
| ||||||
23 | "Pre-applicant" means a physician licensed to practice | ||||||
24 | medicine in all
its
branches who requests an application | ||||||
25 | for medical staff membership or
privileges.
| ||||||
26 | "Privilege" means permission to provide
medical or |
| |||||||
| |||||||
1 | other patient care services and permission to use hospital
| ||||||
2 | resources, including equipment, facilities and personnel | ||||||
3 | that are necessary to
effectively provide medical or other | ||||||
4 | patient care services. This definition
shall not be | ||||||
5 | construed to
require a hospital to acquire additional | ||||||
6 | equipment, facilities, or personnel to
accommodate the | ||||||
7 | granting of privileges.
| ||||||
8 | (5) Any amendment to medical staff bylaws required | ||||||
9 | because of
this amendatory Act of the 91st General Assembly | ||||||
10 | shall be adopted on or
before July 1, 2001.
| ||||||
11 | (c) All hospitals shall consult with the medical staff | ||||||
12 | prior to closing
membership in the entire or any portion of the | ||||||
13 | medical staff or a department.
If
the hospital closes | ||||||
14 | membership in the medical staff, any portion of the medical
| ||||||
15 | staff, or the department over the objections of the medical | ||||||
16 | staff, then the
hospital
shall provide a detailed written | ||||||
17 | explanation for the decision to the medical
staff
10 days prior | ||||||
18 | to the effective date of any closure. No applications need to | ||||||
19 | be
provided when membership in the medical staff or any | ||||||
20 | relevant portion of the
medical staff is closed.
| ||||||
21 | (Source: P.A. 93-794, eff. 7-22-04; 93-829, eff. 7-28-04; | ||||||
22 | revised 11-22-05.)
| ||||||
23 | Section 650. The Mobile Home Park Act is amended by | ||||||
24 | changing Section 2.2 as follows:
|
| |||||||
| |||||||
1 | (210 ILCS 115/2.2) (from Ch. 111 1/2, par. 712.2)
| ||||||
2 | Sec. 2.2. Permanent habitation.
"Permanent habitation" | ||||||
3 | means
habitation for a period of 2 or more months.
| ||||||
4 | (Source: P.A. 77-1472; revised 10-11-05.)
| ||||||
5 | Section 655. The Illinois Insurance Code is amended by | ||||||
6 | changing Sections 155.21, 238, 238.1, 299.1a, 299.1b, 337.1, | ||||||
7 | 352, 356b, 356r, 367b, 370c, 416, 500-135, 512-3, 531.06, and | ||||||
8 | 1204, by setting forth and renumbering multiple versions of | ||||||
9 | Sections 155.39, 356z.2, and 356z.4, and by renumbering Section | ||||||
10 | 370r as follows:
| ||||||
11 | (215 ILCS 5/155.21) (from Ch. 73, par. 767.21)
| ||||||
12 | Sec. 155.21. A company writing medical liability insurance | ||||||
13 | shall not refuse
to offer insurance to a physician, hospital or | ||||||
14 | other health care provider
on the grounds that the physician, | ||||||
15 | hospital or health care provider has
entered or intends to | ||||||
16 | enter an arbitration agreement pursuant to the Health Care
| ||||||
17 | "Malpractice
Arbitration Act " .
| ||||||
18 | As used in this Section, medical liability insurance means | ||||||
19 | insurance on
risks based upon negligence by a physician, | ||||||
20 | hospital or other health care provider.
| ||||||
21 | (Source: P.A. 79-1435; revised 10-11-05.)
| ||||||
22 | (215 ILCS 5/155.39)
| ||||||
23 | Sec. 155.39. Vehicle protection products.
|
| |||||||
| |||||||
1 | (a) As used in this Section:
| ||||||
2 | "Administrator" means a third party other than the | ||||||
3 | warrantor who is
designated by the warrantor to be responsible | ||||||
4 | for the administration of
vehicle protection product | ||||||
5 | warranties.
| ||||||
6 | "Incidental costs" means expenses specified in the vehicle | ||||||
7 | protection
product warranty incurred by the warranty holder | ||||||
8 | related to the failure of the
vehicle protection product to | ||||||
9 | perform as provided in the warranty.
Incidental costs may | ||||||
10 | include, without limitation, insurance policy
deductibles, | ||||||
11 | rental vehicle charges, the difference between the actual value
| ||||||
12 | of the stolen vehicle at the time of theft and the cost of a | ||||||
13 | replacement
vehicle, sales taxes, registration fees, | ||||||
14 | transaction fees, and mechanical
inspection fees.
| ||||||
15 | "Vehicle protection product" means a vehicle protection | ||||||
16 | device,
system, or service that is (i) installed on or applied | ||||||
17 | to a vehicle, (ii) is
designed to prevent loss or damage to a | ||||||
18 | vehicle from a specific cause, (iii)
includes a written | ||||||
19 | warranty by a warrantor that provides if the vehicle
protection | ||||||
20 | product fails to prevent loss or damage to a vehicle from a
| ||||||
21 | specific cause, that the warranty holder shall be paid | ||||||
22 | specified incidental
costs by the warrantor as a result of the | ||||||
23 | failure of the vehicle protection
product to perform pursuant | ||||||
24 | to the terms of the warranty, and (iv) the
warrantor's | ||||||
25 | liability is covered by a warranty reimbursement insurance
| ||||||
26 | policy. The term "vehicle protection product"
shall include, |
| |||||||
| |||||||
1 | without limitation, alarm systems, body part marking products,
| ||||||
2 | steering locks, window etch products, pedal and ignition locks, | ||||||
3 | fuel and
ignition kill switches, and electronic, radio, and | ||||||
4 | satellite tracking devices.
| ||||||
5 | "Vehicle protection product warrantor" or "warrantor"
| ||||||
6 | means a person who is contractually obligated to the
warranty | ||||||
7 | holder under the terms of the vehicle protection product.
| ||||||
8 | Warrantor does not include an authorized insurer.
| ||||||
9 | "Warranty reimbursement insurance policy" means a policy | ||||||
10 | of
insurance
issued to the vehicle protection product warrantor
| ||||||
11 | to pay on behalf of the warrantor
all covered contractual | ||||||
12 | obligations incurred by the warrantor under the terms
and | ||||||
13 | conditions of the insured vehicle protection product | ||||||
14 | warranties sold by
the warrantor. The warranty reimbursement | ||||||
15 | insurance policy shall be issued by
an insurer authorized to do | ||||||
16 | business in this State that has filed its policy
form with the | ||||||
17 | Department.
| ||||||
18 | (b) No vehicle protection product sold or offered for sale | ||||||
19 | in this State
shall be subject to the provisions of this | ||||||
20 | Code.
Vehicle protection product warrantors and related | ||||||
21 | vehicle protection
product sellers and warranty administrators | ||||||
22 | complying with this Section are
not required to comply with and | ||||||
23 | are not subject to any other provision of this
Code. The | ||||||
24 | vehicle protection products' written warranties are express
| ||||||
25 | warranties and not insurance.
| ||||||
26 | (c) This Section applies to all vehicle protection products |
| |||||||
| |||||||
1 | sold or
offered for sale prior to, on, or after the effective | ||||||
2 | date of this amendatory
Act
of the 93rd General Assembly. The | ||||||
3 | enactment of this Section does not
imply that vehicle | ||||||
4 | protection products should have been subject to regulation
| ||||||
5 | under this Code prior to the enactment of this Section.
| ||||||
6 | (Source: P.A. 93-218, eff. 7-18-03.)
| ||||||
7 | (215 ILCS 5/155.40)
| ||||||
8 | Sec. 155.40
155.39 . Auto insurance; application; false | ||||||
9 | address.
| ||||||
10 | (a) An applicant for a policy of insurance that insures | ||||||
11 | against any loss or
liability resulting from or incident to the | ||||||
12 | ownership, maintenance, or use of a
motor vehicle shall not | ||||||
13 | provide to the insurer to which the application for
coverage is | ||||||
14 | made any address for the applicant other than the address
at | ||||||
15 | which the applicant resides.
| ||||||
16 | (b) A person who knowingly violates this Section is guilty | ||||||
17 | of a business
offense. The penalty is a fine of not less than | ||||||
18 | $1,001 and not more than
$1,200.
| ||||||
19 | (Source: P.A. 93-269, eff. 1-1-04; revised 9-19-03.)
| ||||||
20 | (215 ILCS 5/155.41)
| ||||||
21 | Sec. 155.41
155.39 . Slave era policies.
| ||||||
22 | (a) The General Assembly finds and declares all of the
| ||||||
23 | following:
| ||||||
24 | (1) Insurance policies from the slavery era have been |
| |||||||
| |||||||
1 | discovered
in the archives of several insurance companies, | ||||||
2 | documenting insurance
coverage for slaveholders for damage | ||||||
3 | to or death of their slaves,
issued by a predecessor | ||||||
4 | insurance firm. These documents provide the
first evidence | ||||||
5 | of ill-gotten profits from slavery, which profits in
part | ||||||
6 | capitalized insurers whose successors remain in existence | ||||||
7 | today.
| ||||||
8 | (2) Legislation has been introduced in Congress for the | ||||||
9 | past 10
years demanding an inquiry into slavery and its | ||||||
10 | continuing legacies.
| ||||||
11 | (3) The Director of Insurance and the Department of | ||||||
12 | Insurance are
entitled to seek information from the files | ||||||
13 | of insurers licensed and
doing business in this State, | ||||||
14 | including licensed Illinois
subsidiaries of international | ||||||
15 | insurance corporations, regarding
insurance policies | ||||||
16 | issued to slaveholders by predecessor
corporations. The | ||||||
17 | people of Illinois are entitled to significant
historical | ||||||
18 | information of this nature.
| ||||||
19 | (b) The Department shall request and obtain information | ||||||
20 | from
insurers licensed and doing business in this State | ||||||
21 | regarding any
records of slaveholder insurance policies issued | ||||||
22 | by any predecessor
corporation during the slavery era.
| ||||||
23 | (c) The Department shall obtain the names of any
| ||||||
24 | slaveholders or slaves described in those insurance records, | ||||||
25 | and
shall make the information available to the public and the
| ||||||
26 | General Assembly.
|
| |||||||
| |||||||
1 | (d) Any insurer licensed and doing business in this State
| ||||||
2 | shall research and report to the Department with respect to any
| ||||||
3 | records within the insurer's possession or knowledge relating | ||||||
4 | to
insurance policies issued to slaveholders that provided | ||||||
5 | coverage for
damage to or death of their slaves.
| ||||||
6 | (e) Descendants of slaves, whose ancestors were defined as
| ||||||
7 | private property, dehumanized, divided from their families, | ||||||
8 | forced to
perform labor without appropriate compensation or | ||||||
9 | benefits, and
whose ancestors' owners were compensated for | ||||||
10 | damages by insurers, are
entitled to full disclosure.
| ||||||
11 | (Source: P.A. 93-333, eff. 1-1-04; revised 9-19-03.)
| ||||||
12 | (215 ILCS 5/238) (from Ch. 73, par. 850)
| ||||||
13 | Sec. 238. Exemption.
| ||||||
14 | (a) All proceeds payable because of the death of the | ||||||
15 | insured and the
aggregate net cash value of any or all life and | ||||||
16 | endowment policies and
annuity contracts payable to a wife or | ||||||
17 | husband of the insured, or to a
child, parent or other person | ||||||
18 | dependent upon the insured, whether the power
to change the | ||||||
19 | beneficiary is reserved to the insured or not, and whether
the | ||||||
20 | insured or his estate is a contingent beneficiary or not, shall | ||||||
21 | be
exempt from execution, attachment, garnishment or other | ||||||
22 | process, for the
debts or liabilities of the insured incurred | ||||||
23 | subsequent to the effective
date of this Code, except as to | ||||||
24 | premiums paid in fraud of creditors within
the period limited | ||||||
25 | by law for the recovery thereof.
|
| |||||||
| |||||||
1 | (b) Any insurance company doing business
in this State and | ||||||
2 | governed by this Code shall encumber or surrender
accounts as | ||||||
3 | defined in Section 10-24 of the Illinois Public Aid Code held | ||||||
4 | by
the insurance company owned by any responsible relative who | ||||||
5 | is subject to a
child support lien, upon notice of the lien or | ||||||
6 | levy by the Department of Healthcare and Family Services
| ||||||
7 | (formerly Illinois Department
of Public Aid ) or its successor | ||||||
8 | agency
pursuant to Section 10-25.5 of the Illinois Public Aid | ||||||
9 | Code, or upon
notice of interstate lien from any other state's | ||||||
10 | agency responsible for
implementing the child support | ||||||
11 | enforcement program set forth in Title IV, Part
D of the
Social | ||||||
12 | Security Act.
| ||||||
13 | This Section does not prohibit the furnishing of | ||||||
14 | information in accordance
with the federal Personal | ||||||
15 | Responsibility and Work Opportunity Reconciliation
Act of | ||||||
16 | 1996. Any insurance company governed by this Code shall enter | ||||||
17 | into an
agreement for data exchanges with the Department of | ||||||
18 | Healthcare and Family Services
Public Aid provided the
| ||||||
19 | Department of Healthcare and Family Services
Public Aid
pays to | ||||||
20 | the insurance company a reasonable fee not to exceed its
actual | ||||||
21 | cost incurred. An insurance company providing
information in | ||||||
22 | accordance with this item shall not be liable to any owner of | ||||||
23 | an
account as defined in Section 10-24 of the Illinois Public | ||||||
24 | Aid Code or other
person for any disclosure of information to | ||||||
25 | the Department of Healthcare and Family Services (formerly
| ||||||
26 | Department of Public Aid ) , for
encumbering or surrendering any |
| |||||||
| |||||||
1 | accounts as defined in Section 10-24 of the
Illinois Public Aid | ||||||
2 | Code held by the insurance company
in response to a lien
or | ||||||
3 | order to withhold and deliver issued by a State agency, or for | ||||||
4 | any other
action taken pursuant to this item, including | ||||||
5 | individual or mechanical errors,
provided the action does not | ||||||
6 | constitute gross negligence or willful misconduct.
An | ||||||
7 | insurance company shall have no obligation to hold, encumber, | ||||||
8 | or
surrender any accounts as defined in Section 10-24 of the | ||||||
9 | Illinois Public Aid
Code until
it has been served with a | ||||||
10 | subpoena, summons, warrant, court or administrative
order, | ||||||
11 | lien, or levy requiring that action.
| ||||||
12 | (Source: P.A. 90-18, eff. 7-1-97; revised 12-15-05.)
| ||||||
13 | (215 ILCS 5/238.1)
| ||||||
14 | Sec. 238.1. Data exchanges;
administrative liens.
| ||||||
15 | (a) Any insurance company
doing business in the State and | ||||||
16 | governed by
this Code shall enter into an agreement for data | ||||||
17 | exchanges
with the Illinois Department of Healthcare and Family | ||||||
18 | Services
Public Aid
for the purpose of locating accounts as | ||||||
19 | defined in Section 10-24 of the
Illinois Public Aid Code of | ||||||
20 | responsible relatives to
satisfy past-due child support owed by | ||||||
21 | responsible
relatives under an order for support entered by a | ||||||
22 | court or
administrative body of this or any other State on | ||||||
23 | behalf
of resident or non-resident persons.
| ||||||
24 | (b) Notwithstanding any provisions in this Code to the
| ||||||
25 | contrary, an insurance company shall not be liable to any |
| |||||||
| |||||||
1 | person:
| ||||||
2 | (1) for any disclosure of information to the Department | ||||||
3 | of Healthcare and Family Services (formerly Illinois
| ||||||
4 | Department of Public Aid ) under subsection (a);
| ||||||
5 | (2) for encumbering or surrendering any accounts as | ||||||
6 | defined in Section
10-24 of the Illinois Public Aid Code | ||||||
7 | held by such
insurance company in response to a
notice of | ||||||
8 | lien or levy issued by the Department of Healthcare and | ||||||
9 | Family Services (formerly Illinois
Department of Public | ||||||
10 | Aid ) ,
or by any other state's child support enforcement
| ||||||
11 | agency, as provided for in Section 238 of this
Code; or
| ||||||
12 | (3) for any other action taken in good faith to comply
| ||||||
13 | with the requirements of subsection (a).
| ||||||
14 | (Source: P.A. 90-18, eff. 7-1-97; revised 12-15-05.)
| ||||||
15 | (215 ILCS 5/299.1a) (from Ch. 73, par. 911.1a)
| ||||||
16 | Sec. 299.1a. Benefits not Attachable.
| ||||||
17 | (a) No money or other charity, relief
or aid to be paid, | ||||||
18 | provided or rendered by any society shall be liable to
| ||||||
19 | attachment, garnishment or other process or to be seized, | ||||||
20 | taken,
appropriated or applied by any legal or equitable | ||||||
21 | process or operation of
law to pay any debt or liability of a | ||||||
22 | member or beneficiary, or any other
person who may have a right | ||||||
23 | thereunder, either before or after payment by the
society.
| ||||||
24 | (b) Any benefit association doing
business in
this State | ||||||
25 | and governed by this Article XVII shall encumber or surrender
|
| |||||||
| |||||||
1 | accounts as defined in Section 10-24 of the Illinois Public Aid | ||||||
2 | Code
held by the benefit
association owned by any responsible | ||||||
3 | relative who is subject to a child
support lien,
upon notice of | ||||||
4 | the lien or levy by the Department of Healthcare and Family | ||||||
5 | Services (formerly Illinois Department of Public Aid )
or its | ||||||
6 | successor agency pursuant to Section 10-25.5 of the Illinois | ||||||
7 | Public Aid
Code, or upon notice of interstate lien from any | ||||||
8 | other state's agency
responsible for implementing the child | ||||||
9 | support enforcement program set forth in
Title IV, Part D of | ||||||
10 | the Social Security Act.
| ||||||
11 | This Section shall not prohibit the furnishing of | ||||||
12 | information in
accordance
with the federal
Personal | ||||||
13 | Responsibility and Work Opportunity Reconciliation Act of | ||||||
14 | 1996.
Any benefit association governed by this Article XVII | ||||||
15 | shall enter into an
agreement for data
exchanges with the | ||||||
16 | Department of Healthcare and Family Services
Public Aid
| ||||||
17 | provided the Department of Healthcare and Family Services
| ||||||
18 | Public
Aid pays to the benefit association a reasonable fee not | ||||||
19 | to exceed its
actual cost incurred. A benefit association | ||||||
20 | providing
information in accordance with this item shall not be | ||||||
21 | liable to any account
holder or other person for any disclosure | ||||||
22 | of information to a State agency, for
encumbering or | ||||||
23 | surrendering any accounts as defined in Section 10-24 of the
| ||||||
24 | Illinois Public Aid Code held by the benefit association
in | ||||||
25 | response to a lien
or order to withhold and deliver issued by a | ||||||
26 | State agency, or for any other
action taken pursuant to this |
| |||||||
| |||||||
1 | item, including individual or mechanical errors,
provided the | ||||||
2 | action does not constitute gross negligence or willful | ||||||
3 | misconduct.
A benefit association shall have no obligation to | ||||||
4 | hold, encumber, or
surrender accounts until
it has been served | ||||||
5 | with a subpoena, summons, warrant, court or administrative
| ||||||
6 | order, lien, or levy requiring that action.
| ||||||
7 | (Source: P.A. 90-18, eff. 7-1-97; revised 12-15-05.)
| ||||||
8 | (215 ILCS 5/299.1b)
| ||||||
9 | Sec. 299.1b. Data exchanges;
administrative liens.
| ||||||
10 | (a) Any benefit
association doing business in the State and | ||||||
11 | governed by
this Code shall enter into an agreement for data | ||||||
12 | exchanges
with the Illinois Department of Healthcare and Family | ||||||
13 | Services
Public Aid
for the purpose of locating accounts as | ||||||
14 | defined in Section 10-24 of the
Illinois Public Aid Code of | ||||||
15 | responsible relatives to
satisfy past-due child support owed by | ||||||
16 | responsible
relatives under an order for support entered by a | ||||||
17 | court or
administrative body of this or any other State on | ||||||
18 | behalf
of resident or non-resident persons.
| ||||||
19 | (b) Notwithstanding any provisions in this Code to the
| ||||||
20 | contrary, a benefit association
shall not be liable to any | ||||||
21 | person:
| ||||||
22 | (1) for any disclosure of information to the Department | ||||||
23 | of Healthcare and Family Services (formerly Illinois
| ||||||
24 | Department of Public Aid )
under subsection (a);
| ||||||
25 | (2) for encumbering or surrendering any accounts
as |
| |||||||
| |||||||
1 | defined in Section 10-24 of the Illinois Public Aid Code | ||||||
2 | held by such
benefit association in response to a
notice of | ||||||
3 | lien or levy issued by the Department of Healthcare and | ||||||
4 | Family Services (formerly Illinois
Department of Public | ||||||
5 | Aid ) ,
or by any other state's child support enforcement
| ||||||
6 | agency, as provided for in Section 299.1a of this
Code; or
| ||||||
7 | (3) for any other action taken in good faith to comply
| ||||||
8 | with the requirements of subsection (a).
| ||||||
9 | (Source: P.A. 90-18, eff. 7-1-97; revised 12-15-05.)
| ||||||
10 | (215 ILCS 5/337.1)
| ||||||
11 | Sec. 337.1. Data exchanges;
administrative liens.
| ||||||
12 | (a) Any benefit association governed by this Article XVIII | ||||||
13 | shall
encumber or surrender accounts as defined in Section | ||||||
14 | 10-24 of the Illinois
Public Aid Code held by the
benefit | ||||||
15 | association on behalf of any responsible relative who is
| ||||||
16 | subject to a child support lien, upon notice of the lien or | ||||||
17 | levy by the Department of Healthcare and Family Services | ||||||
18 | (formerly
Illinois Department of Public Aid ) or its successor | ||||||
19 | agency pursuant to Section
10-25.5 of the Illinois Public Aid | ||||||
20 | Code, or upon notice of
interstate lien from any other state's | ||||||
21 | agency responsible
for implementing the child support | ||||||
22 | enforcement program set
forth in Title IV, Part D of the Social | ||||||
23 | Security Act.
| ||||||
24 | (b) This Section shall not prohibit the furnishing of | ||||||
25 | information in
accordance
with the federal
Personal |
| |||||||
| |||||||
1 | Responsibility and Work Opportunity Reconciliation Act of | ||||||
2 | 1996.
Any benefit association governed by this Article XVIII | ||||||
3 | shall enter into an
agreement for data
exchanges with the | ||||||
4 | Department of Healthcare and Family Services
Public Aid
| ||||||
5 | provided the Department of Healthcare and Family Services
| ||||||
6 | Public
Aid pays to the benefit association a reasonable fee not | ||||||
7 | to exceed its
actual cost incurred. A benefit association | ||||||
8 | providing
information in accordance with this item shall not be | ||||||
9 | liable to any owner of an
account as defined in Section 10-24 | ||||||
10 | of the Illinois Public Aid Code or other
person for any | ||||||
11 | disclosure of information to the Department of Healthcare and | ||||||
12 | Family Services (formerly Department of Public Aid ) , for
| ||||||
13 | encumbering or surrendering any accounts held by the benefit | ||||||
14 | association in
response to a lien
or order to withhold and | ||||||
15 | deliver issued by the Department of Healthcare and Family | ||||||
16 | Services (formerly Department of Public Aid ) , or for
any other
| ||||||
17 | action taken pursuant to this item, including individual or | ||||||
18 | mechanical errors,
provided the action does not constitute | ||||||
19 | gross negligence or willful misconduct.
A benefit association | ||||||
20 | shall have no obligation to hold, encumber, or
surrender the | ||||||
21 | accounts or portions thereof as defined in Section 10-24 of the
| ||||||
22 | Illinois Public Aid Code until it has been served with a | ||||||
23 | subpoena, summons,
warrant, court or administrative order,
| ||||||
24 | lien, or levy.
| ||||||
25 | (Source: P.A. 90-18, eff. 7-1-97; revised 12-15-05.)
|
| |||||||
| |||||||
1 | (215 ILCS 5/352) (from Ch. 73, par. 964)
| ||||||
2 | Sec. 352. Scope of Article.
| ||||||
3 | (a) Except as provided in subsections (b), (c), (d), and | ||||||
4 | (e),
this Article shall
apply to all companies transacting in | ||||||
5 | this State the kinds of business
enumerated in clause (b) of | ||||||
6 | Class 1 and clause (a) of Class 2 of section 4.
Nothing in this | ||||||
7 | Article shall apply to, or in any way affect policies or
| ||||||
8 | contracts described in clause (a) of Class 1 of Section 4; | ||||||
9 | however, this
Article shall apply to policies and contracts | ||||||
10 | which contain benefits
providing reimbursement for the | ||||||
11 | expenses of long term health care which are
certified or | ||||||
12 | ordered by a physician including but not limited to
| ||||||
13 | professional nursing care, custodial nursing care, and | ||||||
14 | non-nursing
custodial care provided in a nursing home or at a | ||||||
15 | residence of the insured.
| ||||||
16 | (b) This Article does not apply to policies of accident and | ||||||
17 | health
insurance issued in compliance with Article XIXB of this | ||||||
18 | Code.
| ||||||
19 | (c) A policy issued and delivered in this State
that | ||||||
20 | provides coverage under that policy for
certificate holders who | ||||||
21 | are neither residents of nor employed in this State
does not | ||||||
22 | need to provide to those nonresident
certificate holders who | ||||||
23 | are not employed in this State the coverages or
services | ||||||
24 | mandated by this Article.
| ||||||
25 | (d) Stop-loss insurance is exempt from all Sections
of this | ||||||
26 | Article, except this Section and Sections 353a, 354, 357.30, |
| |||||||
| |||||||
1 | and
370. For purposes of this exemption, stop-loss insurance is | ||||||
2 | further defined as
follows:
| ||||||
3 | (1) The policy must be issued to and insure an | ||||||
4 | employer, trustee, or other
sponsor of the plan, or the | ||||||
5 | plan itself, but not employees, members, or
participants.
| ||||||
6 | (2) Payments by the insurer must be made to the | ||||||
7 | employer, trustee, or
other sponsors of the plan, or the | ||||||
8 | plan itself, but not to the employees,
members, | ||||||
9 | participants, or health care providers.
| ||||||
10 | (e) A policy issued or delivered in this State to the | ||||||
11 | Department of Healthcare and Family Services (formerly
| ||||||
12 | Illinois Department
of Public Aid ) and providing coverage, | ||||||
13 | under clause (b) of Class 1 or clause (a)
of Class 2 as | ||||||
14 | described in Section 4, to persons who are enrolled under | ||||||
15 | Article V of the Illinois
Public Aid Code or under the | ||||||
16 | Children's Health Insurance Program Act is
exempt from all | ||||||
17 | restrictions, limitations,
standards, rules, or regulations | ||||||
18 | respecting benefits imposed by or under
authority of this Code, | ||||||
19 | except those specified by subsection (1) of Section
143. | ||||||
20 | Nothing in this subsection, however, affects the total medical | ||||||
21 | services
available to persons eligible for medical assistance | ||||||
22 | under the Illinois Public
Aid Code.
| ||||||
23 | (Source: P.A. 92-370, eff. 8-15-01; revised 12-15-05.)
| ||||||
24 | (215 ILCS 5/356b) (from Ch. 73, par. 968b)
| ||||||
25 | Sec. 356b. (a) This Section applies to the hospital and |
| |||||||
| |||||||
1 | medical expense
provisions of an accident or health insurance | ||||||
2 | policy.
| ||||||
3 | (b) If a policy provides that coverage of a dependent | ||||||
4 | person terminates
upon attainment of the limiting age for | ||||||
5 | dependent persons specified in the
policy, the attainment of | ||||||
6 | such limiting age
does not operate to terminate the hospital | ||||||
7 | and medical coverage of a person
who, because of a handicapped | ||||||
8 | condition that occurred before
attainment of the limiting age, | ||||||
9 | is incapable of self-sustaining employment and
is dependent on | ||||||
10 | his or her parents or other care providers for lifetime
care | ||||||
11 | and supervision.
| ||||||
12 | (c) For purposes of subsection (b), "dependent on other | ||||||
13 | care providers" is
defined as requiring a Community Integrated | ||||||
14 | Living Arrangement, group home,
supervised apartment, or other | ||||||
15 | residential services licensed or certified by
the Department of | ||||||
16 | Human Services (as successor to the Department of Mental
Health | ||||||
17 | and Developmental Disabilities), the Department of Public | ||||||
18 | Health, or
the Department of Healthcare and Family Services | ||||||
19 | (formerly Department of Public Aid ) .
| ||||||
20 | (d) The insurer may inquire of the policyholder 2 months | ||||||
21 | prior to
attainment by a dependent of the limiting age set | ||||||
22 | forth in the policy, or at
any reasonable time thereafter, | ||||||
23 | whether such dependent is in fact a disabled
and dependent | ||||||
24 | person and, in the absence of proof submitted within 60 days of
| ||||||
25 | such inquiry that such dependent is a disabled and dependent | ||||||
26 | person may
terminate coverage of such person at or after |
| |||||||
| |||||||
1 | attainment of the limiting age.
In the absence of such inquiry, | ||||||
2 | coverage of any disabled and dependent person
shall continue | ||||||
3 | through the term of such policy or any extension or renewal
| ||||||
4 | thereof.
| ||||||
5 | (e) This amendatory Act of 1969 is applicable to policies | ||||||
6 | issued or
renewed
more than 60 days after the effective date of | ||||||
7 | this amendatory Act of 1969.
| ||||||
8 | (Source: P.A. 88-309; 89-507, eff. 7-1-97; revised 12-15-05.)
| ||||||
9 | (215 ILCS 5/356r)
| ||||||
10 | Sec. 356r. Woman's principal health care provider.
| ||||||
11 | (a) An individual or group policy of accident and health | ||||||
12 | insurance or a
managed care plan amended, delivered, issued, or | ||||||
13 | renewed in this State after
November 14, 1996 that
requires an | ||||||
14 | insured or enrollee to designate an individual to coordinate | ||||||
15 | care
or to control access to health care services shall also | ||||||
16 | permit a female insured
or enrollee to designate a | ||||||
17 | participating woman's principal health care
provider,
and the | ||||||
18 | insurer or managed care plan shall provide the following | ||||||
19 | written
notice to all female insureds or enrollees no later | ||||||
20 | than 120 days after the
effective date of this amendatory Act | ||||||
21 | of 1998; to all new enrollees at the
time of enrollment;
and | ||||||
22 | thereafter to all existing enrollees at least annually, as a | ||||||
23 | part of a
regular publication or informational mailing:
| ||||||
24 | "NOTICE TO ALL FEMALE PLAN MEMBERS:
| ||||||
25 | YOUR RIGHT TO SELECT A WOMAN'S PRINCIPAL
|
| |||||||
| |||||||
1 | HEALTH CARE PROVIDER.
| ||||||
2 | Illinois law allows you to select "a woman's principal | ||||||
3 | health
care provider" in addition to your selection of a | ||||||
4 | primary care
physician. A woman's principal health care | ||||||
5 | provider is a
physician licensed to practice medicine in | ||||||
6 | all its branches specializing in
obstetrics or gynecology | ||||||
7 | or specializing in family practice. A woman's
principal | ||||||
8 | health care provider may be seen for care without referrals | ||||||
9 | from your
primary care
physician. If you have not already | ||||||
10 | selected a woman's principal health care
provider, you may | ||||||
11 | do so now or at any other time.
You are not required to | ||||||
12 | have or to select a woman's principal health
care provider.
| ||||||
13 | Your woman's principal health care provider must be a | ||||||
14 | part
of your plan. You may get the list of participating | ||||||
15 | obstetricians,
gynecologists, and family practice | ||||||
16 | specialists from your
employer's employee benefits | ||||||
17 | coordinator, or for your own copy of
the current list, you | ||||||
18 | may call [insert plan's toll free number]. The list
will
be | ||||||
19 | sent to you within 10 days after your call. To designate a
| ||||||
20 | woman's principal health care provider from the list, call | ||||||
21 | [insert plan's
toll free number] and tell our staff the | ||||||
22 | name of the physician you
have selected.".
| ||||||
23 | If the insurer or managed care plan exercises the option set | ||||||
24 | forth in
subsection
(a-5), the notice shall also state:
| ||||||
25 | "Your plan requires that your primary care physician | ||||||
26 | and your
woman's principal health care provider have a |
| |||||||
| |||||||
1 | referral arrangement with one
another. If the woman's | ||||||
2 | principal health care provider that you
select does not | ||||||
3 | have a referral arrangement with your primary care
| ||||||
4 | physician, you will have to select a new primary care
| ||||||
5 | physician who has a referral arrangement with your woman's | ||||||
6 | principal health
care
provider or you may select a woman's | ||||||
7 | principal health care provider who has a
referral | ||||||
8 | arrangement with your primary care physician. The list of | ||||||
9 | woman's
principal health care
providers will also have the | ||||||
10 | names of the primary care physicians and their
referral | ||||||
11 | arrangements.".
| ||||||
12 | No later than 120 days after the effective date of this | ||||||
13 | amendatory Act of
1998, the insurer or managed
care plan shall | ||||||
14 | provide each employer who has a policy of insurance or a
| ||||||
15 | managed
care plan with the insurer or managed care plan with a | ||||||
16 | list of physicians
licensed to practice medicine in all its | ||||||
17 | branches specializing in obstetrics or
gynecology or | ||||||
18 | specializing in family practice who have contracted with the
| ||||||
19 | plan. At the time of enrollment and thereafter within 10 days | ||||||
20 | after a request
by an insured or enrollee, the insurer or | ||||||
21 | managed care plan also shall provide
this list directly to the | ||||||
22 | insured or enrollee.
The list shall include each physician's | ||||||
23 | address, telephone
number, and specialty. No insurer or plan | ||||||
24 | formal or informal
policy may restrict a female insured's or | ||||||
25 | enrollee's right to designate a
woman's
principal health care | ||||||
26 | provider, except as set forth in subsection (a-5).
If the
|
| |||||||
| |||||||
1 | female enrollee is an enrollee of a managed care plan under | ||||||
2 | contract with the
Department of Healthcare and Family Services
| ||||||
3 | Public Aid , the physician chosen by the enrollee as her woman's
| ||||||
4 | principal health care provider must be a Medicaid-enrolled | ||||||
5 | provider.
This requirement does not require a female insured or | ||||||
6 | enrollee to make a
selection of a woman's principal health care | ||||||
7 | provider.
The female insured or enrollee may designate a | ||||||
8 | physician licensed to practice
medicine in
all its branches | ||||||
9 | specializing in family practice as her woman's principal
health | ||||||
10 | care provider.
| ||||||
11 | (a-5) The insured or enrollee may be required by the | ||||||
12 | insurer or managed care
plan to select a woman's principal | ||||||
13 | health care provider who has a
referral
arrangement with the | ||||||
14 | insured's or enrollee's individual who coordinates care or
| ||||||
15 | controls access to health care services
if such referral | ||||||
16 | arrangement exists
or to
select a new individual to coordinate | ||||||
17 | care or to control access to health care
services who has a | ||||||
18 | referral arrangement with the
woman's principal health care | ||||||
19 | provider chosen by the insured or enrollee, if
such referral | ||||||
20 | arrangement exists. If an
insurer or a managed care plan | ||||||
21 | requires an insured or enrollee to select a new
physician under | ||||||
22 | this subsection (a-5), the insurer or managed care plan must
| ||||||
23 | provide the insured or enrollee with both options to select a | ||||||
24 | new physician
provided in this subsection
(a-5).
| ||||||
25 | Notwithstanding a plan's restrictions of the frequency or | ||||||
26 | timing of making
designations of primary care providers, a |
| |||||||
| |||||||
1 | female enrollee or insured who is
subject to the selection | ||||||
2 | requirements of this subsection, may, at any time,
effect a | ||||||
3 | change in primary care physicians in order to make a
selection | ||||||
4 | of a woman's principal health care provider.
| ||||||
5 | (a-6) If an insurer or managed care plan exercises the | ||||||
6 | option in
subsection (a-5), the list to be provided under | ||||||
7 | subsection (a) shall identify
the referral arrangements that | ||||||
8 | exist between the individual who
coordinates
care or controls | ||||||
9 | access to health care services and the woman's principal
health | ||||||
10 | care provider in order to assist the female insured or enrollee | ||||||
11 | to make
a selection within the insurer's or managed care plan's | ||||||
12 | requirement.
| ||||||
13 | (b) If a female insured or enrollee has designated a | ||||||
14 | woman's principal
health care provider, then the insured or | ||||||
15 | enrollee must be given direct access
to the woman's principal | ||||||
16 | health care provider for services covered by the
policy or plan | ||||||
17 | without the need
for a referral or prior approval. Nothing | ||||||
18 | shall prohibit the insurer or
managed care plan from requiring | ||||||
19 | prior authorization or approval from either a
primary care | ||||||
20 | provider or the woman's principal health care provider for
| ||||||
21 | referrals for additional care or services.
| ||||||
22 | (c) For the purposes of this Section the following terms | ||||||
23 | are defined:
| ||||||
24 | (1) "Woman's principal health care provider" means a | ||||||
25 | physician licensed to
practice medicine in all of its | ||||||
26 | branches specializing in obstetrics or
gynecology or |
| |||||||
| |||||||
1 | specializing in family practice.
| ||||||
2 | (2) "Managed care entity" means any entity including a | ||||||
3 | licensed insurance
company, hospital or medical service | ||||||
4 | plan, health maintenance organization,
limited health | ||||||
5 | service organization, preferred provider organization, | ||||||
6 | third
party administrator, an employer or employee | ||||||
7 | organization, or any person or
entity that establishes, | ||||||
8 | operates, or maintains a network of participating
| ||||||
9 | providers.
| ||||||
10 | (3) "Managed care plan" means a plan operated by a | ||||||
11 | managed care entity
that provides for the financing of | ||||||
12 | health care services to persons enrolled in
the plan | ||||||
13 | through:
| ||||||
14 | (A) organizational arrangements for ongoing | ||||||
15 | quality assurance,
utilization review programs, or | ||||||
16 | dispute resolution; or
| ||||||
17 | (B) financial incentives for persons enrolled in | ||||||
18 | the plan to use the
participating providers and | ||||||
19 | procedures covered by the plan.
| ||||||
20 | (4) "Participating provider" means a physician who has | ||||||
21 | contracted with an
insurer or managed care plan to provide | ||||||
22 | services to insureds or enrollees as
defined by the | ||||||
23 | contract.
| ||||||
24 | (d) The original provisions of this Section became law on | ||||||
25 | July 17,
1996 and took effect November 14, 1996, which is 120 | ||||||
26 | days after
becoming law.
|
| |||||||
| |||||||
1 | (Source: P.A. 89-514; 90-14, eff. 7-1-97; 90-741, eff. 8-13-98; | ||||||
2 | revised 12-15-05.)
| ||||||
3 | (215 ILCS 5/356z.2)
| ||||||
4 | Sec. 356z.2. Coverage for adjunctive services in dental | ||||||
5 | care.
| ||||||
6 | (a) An individual or group policy of accident and health | ||||||
7 | insurance
amended, delivered, issued, or renewed after the | ||||||
8 | effective date of this
amendatory Act of the 92nd General | ||||||
9 | Assembly shall cover
charges incurred, and anesthetics | ||||||
10 | provided, in
conjunction with dental care that is provided to a | ||||||
11 | covered individual in a
hospital or
an ambulatory surgical | ||||||
12 | treatment center
if any of the
following
applies:
| ||||||
13 | (1) the individual is a child age 6 or under;
| ||||||
14 | (2) the individual has a medical condition that | ||||||
15 | requires
hospitalization or general anesthesia for dental | ||||||
16 | care; or
| ||||||
17 | (3) the individual is disabled.
| ||||||
18 | (b) For purposes of this Section, "ambulatory surgical | ||||||
19 | treatment center"
has the meaning given to that term in Section | ||||||
20 | 3 of the Ambulatory
Surgical Treatment Center Act.
| ||||||
21 | For purposes of this Section, "disabled" means a person, | ||||||
22 | regardless of age,
with a chronic
disability if the chronic | ||||||
23 | disability meets all of the following conditions:
| ||||||
24 | (1) It is attributable to a mental or physical | ||||||
25 | impairment or
combination of mental and physical |
| |||||||
| |||||||
1 | impairments.
| ||||||
2 | (2) It is likely to continue.
| ||||||
3 | (3) It results in substantial functional limitations | ||||||
4 | in one or more of
the following areas of major life | ||||||
5 | activity:
| ||||||
6 | (A) self-care;
| ||||||
7 | (B) receptive and expressive language;
| ||||||
8 | (C) learning;
| ||||||
9 | (D) mobility;
| ||||||
10 | (E) capacity for independent living; or
| ||||||
11 | (F) economic self-sufficiency.
| ||||||
12 | (c) The coverage required under this Section may be subject | ||||||
13 | to any
limitations, exclusions, or cost-sharing provisions | ||||||
14 | that apply generally under
the insurance policy.
| ||||||
15 | (d) This Section does not apply to a policy that covers | ||||||
16 | only dental care.
| ||||||
17 | (e) Nothing in this Section requires that the dental | ||||||
18 | services be
covered.
| ||||||
19 | (f) The provisions of this Section do not apply to | ||||||
20 | short-term travel,
accident-only, limited, or specified | ||||||
21 | disease policies, nor to policies or
contracts designed for | ||||||
22 | issuance to persons eligible for coverage under Title
XVIII of | ||||||
23 | the Social Security Act, known as Medicare, or any other | ||||||
24 | similar
coverage under State or federal governmental plans.
| ||||||
25 | (Source: P.A. 92-764, eff. 1-1-03.)
|
| |||||||
| |||||||
1 | (215 ILCS 5/356z.3)
| ||||||
2 | Sec. 356z.3
356z.2 . Disclosure of limited benefit. An | ||||||
3 | insurer that
issues,
delivers,
amends, or
renews an individual | ||||||
4 | or group policy of accident and health insurance in this
State | ||||||
5 | after the
effective date of this amendatory Act of the 92nd | ||||||
6 | General Assembly and
arranges, contracts
with, or administers | ||||||
7 | contracts with a provider whereby beneficiaries are
provided an | ||||||
8 | incentive to
use the services of such provider must include the | ||||||
9 | following disclosure on its
contracts and
evidences of | ||||||
10 | coverage: "WARNING, LIMITED BENEFITS WILL BE PAID WHEN
| ||||||
11 | NON-PARTICIPATING PROVIDERS ARE USED. You should be aware that | ||||||
12 | when you elect
to
utilize the services of a non-participating | ||||||
13 | provider for a covered service in non-emergency
situations, | ||||||
14 | benefit payments to such non-participating provider are not | ||||||
15 | based upon the amount
billed. The basis of your benefit payment | ||||||
16 | will be determined according to your policy's fee
schedule, | ||||||
17 | usual and customary charge (which is determined by comparing | ||||||
18 | charges for similar
services adjusted to the geographical area | ||||||
19 | where the services are performed), or other method as
defined | ||||||
20 | by the policy. YOU CAN EXPECT TO PAY MORE THAN THE COINSURANCE
| ||||||
21 | AMOUNT DEFINED IN THE POLICY AFTER THE PLAN HAS PAID ITS | ||||||
22 | REQUIRED
PORTION. Non-participating providers may bill members | ||||||
23 | for any amount up to the
billed
charge after the plan has paid | ||||||
24 | its portion of the bill. Participating providers
have agreed to | ||||||
25 | accept
discounted payments for services with no additional | ||||||
26 | billing to the member other
than co-insurance and deductible |
| |||||||
| |||||||
1 | amounts. You may obtain further information
about the
| ||||||
2 | participating
status of professional providers and information | ||||||
3 | on out-of-pocket expenses by
calling the toll
free telephone | ||||||
4 | number on your identification card.".
| ||||||
5 | (Source: P.A. 92-579, eff. 1-1-03; revised 9-3-02.)
| ||||||
6 | (215 ILCS 5/356z.4)
| ||||||
7 | Sec. 356z.4. Coverage for contraceptives.
| ||||||
8 | (a) An individual or group policy of accident and health | ||||||
9 | insurance amended,
delivered, issued, or renewed in this State | ||||||
10 | after the effective date of this
amendatory Act of the 93rd | ||||||
11 | General Assembly that provides coverage for
outpatient | ||||||
12 | services and outpatient prescription drugs or devices must | ||||||
13 | provide
coverage for the insured and any
dependent of the
| ||||||
14 | insured covered by the policy for all outpatient contraceptive | ||||||
15 | services and
all outpatient contraceptive drugs and devices | ||||||
16 | approved by the Food and
Drug Administration. Coverage required | ||||||
17 | under this Section may not impose any
deductible, coinsurance, | ||||||
18 | waiting period, or other cost-sharing or limitation
that is | ||||||
19 | greater than that required for any outpatient service or | ||||||
20 | outpatient
prescription drug or device otherwise covered by the | ||||||
21 | policy.
| ||||||
22 | (b) As used in this Section, "outpatient contraceptive | ||||||
23 | service" means
consultations, examinations, procedures, and | ||||||
24 | medical services, provided on an
outpatient basis and related | ||||||
25 | to the use of contraceptive methods (including
natural family |
| |||||||
| |||||||
1 | planning) to prevent an unintended pregnancy.
| ||||||
2 | (c) Nothing in this Section shall be construed to require | ||||||
3 | an insurance
company to cover services related to an abortion | ||||||
4 | as the term "abortion" is
defined in the Illinois Abortion Law | ||||||
5 | of 1975.
| ||||||
6 | (d) Nothing in this Section shall be construed to require | ||||||
7 | an insurance
company to cover services related to permanent | ||||||
8 | sterilization that requires a
surgical procedure.
| ||||||
9 | (Source: P.A. 93-102, eff. 1-1-04.)
| ||||||
10 | (215 ILCS 5/356z.5)
| ||||||
11 | Sec. 356z.5
356z.4 . Prescription inhalants. A group or | ||||||
12 | individual
policy of
accident and health insurance or managed | ||||||
13 | care plan amended, delivered, issued,
or renewed
after the | ||||||
14 | effective date of this amendatory Act of the 93rd General | ||||||
15 | Assembly
that provides
coverage for prescription drugs may not | ||||||
16 | deny or limit coverage
for prescription inhalants to enable | ||||||
17 | persons to breathe when suffering from
asthma or other | ||||||
18 | life-threatening bronchial ailments based upon any restriction
| ||||||
19 | on the number of days before an inhaler refill may be obtained | ||||||
20 | if, contrary to
those restrictions, the inhalants have been | ||||||
21 | ordered or prescribed by the
treating physician and are | ||||||
22 | medically appropriate.
| ||||||
23 | (Source: P.A. 93-529, eff. 8-14-03; revised 9-25-03.)
| ||||||
24 | (215 ILCS 5/356z.7) (was 215 ILCS 5/370r)
|
| |||||||
| |||||||
1 | Sec. 356z.7
370r . Prescription drugs; cancer treatment. No | ||||||
2 | group policy of
accident or health insurance that provides | ||||||
3 | coverage for prescribed
drugs approved by the federal Food and | ||||||
4 | Drug Administration for the
treatment of certain types of | ||||||
5 | cancer shall exclude coverage of any drug on
the basis that the | ||||||
6 | drug has been prescribed for the treatment of a type of
cancer | ||||||
7 | for which the drug has not been approved by the federal Food | ||||||
8 | and
Drug Administration. The drug, however, must be approved by | ||||||
9 | the federal
Food and Drug Administration and must be recognized | ||||||
10 | for the treatment of the
specific type of cancer for which the | ||||||
11 | drug has been prescribed in any
one of the following | ||||||
12 | established reference compendia:
| ||||||
13 | (a) the American Medical Association Drug Evaluations;
| ||||||
14 | (b) the American Hospital Formulary Service Drug | ||||||
15 | Information; or
| ||||||
16 | (c) the United States Pharmacopeia Drug Information;
| ||||||
17 | or if not in the compendia, recommended for that particular | ||||||
18 | type of cancer
in formal clinical studies, the results of which | ||||||
19 | have been published in at
least two peer reviewed professional | ||||||
20 | medical journals published in the
United States or Great | ||||||
21 | Britain.
| ||||||
22 | Any coverage required by this Section shall also include | ||||||
23 | those medically
necessary services associated with the | ||||||
24 | administration of a drug.
| ||||||
25 | Despite the provisions of this Section, coverage shall
not | ||||||
26 | be required for any experimental or investigational drugs or |
| |||||||
| |||||||
1 | any drug
that the federal Food and Drug Administration has | ||||||
2 | determined to be
contraindicated for treatment of the specific | ||||||
3 | type of cancer for which the
drug has been prescribed. This | ||||||
4 | Section shall apply only to cancer drugs.
Nothing in this | ||||||
5 | Section shall be construed, expressly or by implication, to
| ||||||
6 | create, impair, alter, limit, notify, enlarge, abrogate or | ||||||
7 | prohibit
reimbursement for drugs used in the treatment of any | ||||||
8 | other disease or
condition.
| ||||||
9 | (Source: P.A. 87-980; revised 10-19-05.)
| ||||||
10 | (215 ILCS 5/367b) (from Ch. 73, par. 979b)
| ||||||
11 | Sec. 367b. (a) This Section applies to the hospital and | ||||||
12 | medical expense
provisions of a group accident or health | ||||||
13 | insurance policy.
| ||||||
14 | (b) If a policy
provides that coverage of a dependent of an | ||||||
15 | employee or other member of the
covered group terminates upon | ||||||
16 | attainment of the limiting age for dependent
persons specified | ||||||
17 | in the policy, the
attainment of such limiting age does not | ||||||
18 | operate to terminate the hospital
and medical coverage of a | ||||||
19 | person who, because of a handicapped
condition that occurred | ||||||
20 | before attainment of the limiting age, is incapable of
| ||||||
21 | self-sustaining employment and is dependent on his or her | ||||||
22 | parents or other
care providers for lifetime care and | ||||||
23 | supervision.
| ||||||
24 | (c) For purposes of subsection (b), "dependent on other | ||||||
25 | care providers" is
defined as requiring a Community Integrated |
| |||||||
| |||||||
1 | Living Arrangement, group home,
supervised apartment, or other | ||||||
2 | residential services licensed or certified by
the Department of | ||||||
3 | Human Services (as successor to the Department of Mental
Health | ||||||
4 | and Developmental Disabilities), the Department
of Public | ||||||
5 | Health, or the Department of Healthcare and Family Services | ||||||
6 | (formerly Department of Public Aid ) .
| ||||||
7 | (d) The insurer may inquire of the person insured 2 months | ||||||
8 | prior to
attainment by a dependent of the limiting age set | ||||||
9 | forth in the policy, or
at any reasonable time thereafter, | ||||||
10 | whether such dependent is in fact a
disabled and dependent | ||||||
11 | person and, in the absence of proof submitted within
31 days of | ||||||
12 | such inquiry that such dependent is a disabled and dependent
| ||||||
13 | person may terminate coverage of such person at or after | ||||||
14 | attainment of the
limiting age. In the absence of such inquiry, | ||||||
15 | coverage of any disabled and
dependent person shall continue | ||||||
16 | through the term of such policy or any
extension or renewal.
| ||||||
17 | (e) This amendatory Act of 1969 is applicable to policies | ||||||
18 | issued or
renewed
more than 60 days after the effective date of | ||||||
19 | this amendatory Act of 1969.
| ||||||
20 | (Source: P.A. 88-309; 89-507, eff. 7-1-97; revised 12-15-05.)
| ||||||
21 | (215 ILCS 5/370c) (from Ch. 73, par. 982c)
| ||||||
22 | Sec. 370c. Mental and emotional disorders.
| ||||||
23 | (a) (1) On and after the effective date of this Section,
| ||||||
24 | every insurer which delivers, issues for delivery or renews or | ||||||
25 | modifies
group A&H policies providing coverage for hospital or |
| |||||||
| |||||||
1 | medical treatment or
services for illness on an | ||||||
2 | expense-incurred basis shall offer to the
applicant or group | ||||||
3 | policyholder subject to the insurers standards of
| ||||||
4 | insurability, coverage for reasonable and necessary treatment | ||||||
5 | and services
for mental, emotional or nervous disorders or | ||||||
6 | conditions, other than serious
mental illnesses as defined in | ||||||
7 | item (2) of subsection (b), up to the limits
provided in the | ||||||
8 | policy for other disorders or conditions, except (i) the
| ||||||
9 | insured may be required to pay up to 50% of expenses incurred | ||||||
10 | as a result
of the treatment or services, and (ii) the annual | ||||||
11 | benefit limit may be
limited to the lesser of $10,000 or 25% of | ||||||
12 | the lifetime policy limit.
| ||||||
13 | (2) Each insured that is covered for mental, emotional or | ||||||
14 | nervous
disorders or conditions shall be free to select the | ||||||
15 | physician licensed to
practice medicine in all its branches, | ||||||
16 | licensed clinical psychologist,
licensed clinical social | ||||||
17 | worker, or licensed clinical professional counselor of
his | ||||||
18 | choice to treat such disorders, and
the insurer shall pay the | ||||||
19 | covered charges of such physician licensed to
practice medicine | ||||||
20 | in all its branches, licensed clinical psychologist,
licensed | ||||||
21 | clinical social worker, or licensed clinical professional | ||||||
22 | counselor up
to the limits of coverage, provided (i)
the | ||||||
23 | disorder or condition treated is covered by the policy, and | ||||||
24 | (ii) the
physician, licensed psychologist, licensed clinical | ||||||
25 | social worker, or licensed
clinical professional counselor is
| ||||||
26 | authorized to provide said services under the statutes of this |
| |||||||
| |||||||
1 | State and in
accordance with accepted principles of his | ||||||
2 | profession.
| ||||||
3 | (3) Insofar as this Section applies solely to licensed | ||||||
4 | clinical social
workers and licensed clinical professional | ||||||
5 | counselors, those persons who may
provide services to | ||||||
6 | individuals shall do so
after the licensed clinical social | ||||||
7 | worker or licensed clinical professional
counselor has | ||||||
8 | informed the patient of the
desirability of the patient | ||||||
9 | conferring with the patient's primary care
physician and the | ||||||
10 | licensed clinical social worker or licensed clinical
| ||||||
11 | professional counselor has
provided written
notification to | ||||||
12 | the patient's primary care physician, if any, that services
are | ||||||
13 | being provided to the patient. That notification may, however, | ||||||
14 | be
waived by the patient on a written form. Those forms shall | ||||||
15 | be retained by
the licensed clinical social worker or licensed | ||||||
16 | clinical professional counselor
for a period of not less than 5 | ||||||
17 | years.
| ||||||
18 | (b) (1) An insurer that provides coverage for hospital or | ||||||
19 | medical
expenses under a group policy of accident and health | ||||||
20 | insurance or
health care plan amended, delivered, issued, or | ||||||
21 | renewed after the effective
date of this amendatory Act of the | ||||||
22 | 92nd General Assembly shall provide coverage
under the policy | ||||||
23 | for treatment of serious mental illness under the same terms
| ||||||
24 | and conditions as coverage for hospital or medical expenses | ||||||
25 | related to other
illnesses and diseases. The coverage required | ||||||
26 | under this Section must provide
for same durational limits, |
| |||||||
| |||||||
1 | amount limits, deductibles, and co-insurance
requirements for | ||||||
2 | serious mental illness as are provided for other illnesses
and | ||||||
3 | diseases. This subsection does not apply to coverage provided | ||||||
4 | to
employees by employers who have 50 or fewer employees.
| ||||||
5 | (2) "Serious mental illness" means the following | ||||||
6 | psychiatric illnesses as
defined in the most current edition of | ||||||
7 | the Diagnostic and Statistical Manual
(DSM) published by the | ||||||
8 | American Psychiatric Association:
| ||||||
9 | (A) schizophrenia;
| ||||||
10 | (B) paranoid and other psychotic disorders;
| ||||||
11 | (C) bipolar disorders (hypomanic, manic, depressive, | ||||||
12 | and mixed);
| ||||||
13 | (D) major depressive disorders (single episode or | ||||||
14 | recurrent);
| ||||||
15 | (E) schizoaffective disorders (bipolar or depressive);
| ||||||
16 | (F) pervasive developmental disorders;
| ||||||
17 | (G) obsessive-compulsive disorders;
| ||||||
18 | (H) depression in childhood and adolescence;
| ||||||
19 | (I) panic disorder; and | ||||||
20 | (J) post-traumatic stress disorders (acute, chronic, | ||||||
21 | or with delayed onset).
| ||||||
22 | (3) Upon request of the reimbursing insurer, a provider of | ||||||
23 | treatment of
serious mental illness shall furnish medical | ||||||
24 | records or other necessary data
that substantiate that initial | ||||||
25 | or continued treatment is at all times medically
necessary. An | ||||||
26 | insurer shall provide a mechanism for the timely review by a
|
| |||||||
| |||||||
1 | provider holding the same license and practicing in the same | ||||||
2 | specialty as the
patient's provider, who is unaffiliated with | ||||||
3 | the insurer, jointly selected by
the patient (or the patient's | ||||||
4 | next of kin or legal representative if the
patient is unable to | ||||||
5 | act for himself or herself), the patient's provider, and
the | ||||||
6 | insurer in the event of a dispute between the insurer and | ||||||
7 | patient's
provider regarding the medical necessity of a | ||||||
8 | treatment proposed by a patient's
provider. If the reviewing | ||||||
9 | provider determines the treatment to be medically
necessary, | ||||||
10 | the insurer shall provide reimbursement for the treatment. | ||||||
11 | Future
contractual or employment actions by the insurer | ||||||
12 | regarding the patient's
provider may not be based on the | ||||||
13 | provider's participation in this procedure.
Nothing prevents
| ||||||
14 | the insured from agreeing in writing to continue treatment at | ||||||
15 | his or her
expense. When making a determination of the medical | ||||||
16 | necessity for a treatment
modality for serous mental illness, | ||||||
17 | an insurer must make the determination in a
manner that is | ||||||
18 | consistent with the manner used to make that determination with
| ||||||
19 | respect to other diseases or illnesses covered under the | ||||||
20 | policy, including an
appeals process.
| ||||||
21 | (4) A group health benefit plan:
| ||||||
22 | (A) shall provide coverage based upon medical | ||||||
23 | necessity for the following
treatment of mental illness in | ||||||
24 | each calendar year:
| ||||||
25 | (i) 45 days of inpatient treatment; and
| ||||||
26 | (ii) beginning on June 26, 2006 ( the effective date |
| |||||||
| |||||||
1 | of Public Act 94-921)
this amendatory Act of the 94th | ||||||
2 | General Assembly , 60 visits for outpatient treatment | ||||||
3 | including group and individual
outpatient treatment; | ||||||
4 | and | ||||||
5 | (iii) for plans or policies delivered, issued for | ||||||
6 | delivery, renewed, or modified after January 1, 2007 | ||||||
7 | ( the effective date of Public Act 94-906)
this | ||||||
8 | amendatory Act of the 94th General Assembly ,
20 | ||||||
9 | additional outpatient visits for speech therapy for | ||||||
10 | treatment of pervasive developmental disorders that | ||||||
11 | will be in addition to speech therapy provided pursuant | ||||||
12 | to item (ii) of this subparagraph (A);
| ||||||
13 | (B) may not include a lifetime limit on the number of | ||||||
14 | days of inpatient
treatment or the number of outpatient | ||||||
15 | visits covered under the plan; and
| ||||||
16 | (C) shall include the same amount limits, deductibles, | ||||||
17 | copayments, and
coinsurance factors for serious mental | ||||||
18 | illness as for physical illness.
| ||||||
19 | (5) An issuer of a group health benefit plan may not count | ||||||
20 | toward the number
of outpatient visits required to be covered | ||||||
21 | under this Section an outpatient
visit for the purpose of | ||||||
22 | medication management and shall cover the outpatient
visits | ||||||
23 | under the same terms and conditions as it covers outpatient | ||||||
24 | visits for
the treatment of physical illness.
| ||||||
25 | (6) An issuer of a group health benefit
plan may provide or | ||||||
26 | offer coverage required under this Section through a
managed |
| |||||||
| |||||||
1 | care plan.
| ||||||
2 | (7) This Section shall not be interpreted to require a | ||||||
3 | group health benefit
plan to provide coverage for treatment of:
| ||||||
4 | (A) an addiction to a controlled substance or cannabis | ||||||
5 | that is used in
violation of law; or
| ||||||
6 | (B) mental illness resulting from the use of a | ||||||
7 | controlled substance or
cannabis in violation of law.
| ||||||
8 | (8)
(Blank).
| ||||||
9 | (Source: P.A. 94-402, eff. 8-2-05; 94-584, eff. 8-15-05; | ||||||
10 | 94-906, eff. 1-1-07; 94-921, eff. 6-26-06; revised 8-3-06.)
| ||||||
11 | (215 ILCS 5/416)
| ||||||
12 | Sec. 416. Illinois Workers' Compensation
Commission | ||||||
13 | Operations Fund Surcharge.
| ||||||
14 | (a) As of July 30, 2004 ( the effective date of Public Act | ||||||
15 | 93-840)
this amendatory Act of 2004 , every company licensed or
| ||||||
16 | authorized by the Illinois Department of Insurance and insuring | ||||||
17 | employers'
liabilities arising under the Workers' Compensation | ||||||
18 | Act or the Workers'
Occupational Diseases Act shall remit to | ||||||
19 | the Director a surcharge based upon
the annual direct written | ||||||
20 | premium, as reported under Section 136 of this Act,
of the | ||||||
21 | company in the manner provided in this
Section. Such
proceeds | ||||||
22 | shall
be deposited into the Illinois Workers' Compensation
| ||||||
23 | Commission Operations Fund as
established in
the Workers' | ||||||
24 | Compensation Act. If a company
survives or
was formed by a | ||||||
25 | merger, consolidation, reorganization, or reincorporation, the
|
| |||||||
| |||||||
1 | direct
written premiums of all companies party to the merger, | ||||||
2 | consolidation,
reorganization, or
reincorporation shall, for | ||||||
3 | purposes of determining the amount of the fee
imposed by this
| ||||||
4 | Section, be regarded as those of the surviving or new company.
| ||||||
5 | (b)(1) Except as provided in subsection (b)(2) of this | ||||||
6 | Section, beginning on
July 30, 2004 ( the effective date of | ||||||
7 | Public Act 93-840)
this amendatory Act of 2004 and on July 1 of | ||||||
8 | each year thereafter,
the
Director shall
charge an annual | ||||||
9 | Illinois Workers' Compensation Commission Operations Fund | ||||||
10 | Surcharge from every
company subject to subsection (a) of this | ||||||
11 | Section equal to 1.01% of its direct
written
premium for | ||||||
12 | insuring employers' liabilities arising under the Workers'
| ||||||
13 | Compensation Act or Workers' Occupational Diseases Act as | ||||||
14 | reported in each
company's
annual
statement filed for the | ||||||
15 | previous year as required by Section 136. The
Illinois Workers' | ||||||
16 | Compensation Commission Operations Fund Surcharge shall be | ||||||
17 | collected by companies
subject to subsection (a) of this | ||||||
18 | Section as a separately stated surcharge on
insured employers | ||||||
19 | at the rate of 1.01% of direct written premium. The
Illinois | ||||||
20 | Workers' Compensation
Industrial Commission Operations Fund | ||||||
21 | Surcharge shall not be collected by companies
subject to | ||||||
22 | subsection (a) of this Section from any employer that | ||||||
23 | self-insures its liabilities arising under the Workers' | ||||||
24 | Compensation Act or Workers' Occupational Diseases Act, | ||||||
25 | provided that the employer has paid the Illinois Workers' | ||||||
26 | Compensation
Industrial Commission Operations Fund Fee |
| |||||||
| |||||||
1 | pursuant to Section 4d of the Workers' Compensation Act. All | ||||||
2 | sums
collected by
the Department of Insurance under the | ||||||
3 | provisions of this Section shall be paid
promptly
after the | ||||||
4 | receipt of the same, accompanied by a detailed statement | ||||||
5 | thereof,
into the
Illinois Workers' Compensation Commission | ||||||
6 | Operations Fund in the State treasury.
| ||||||
7 | (b)(2) The surcharge due pursuant to Public Act 93-840
this | ||||||
8 | amendatory Act of 2004 shall be collected instead of the | ||||||
9 | surcharge due on July 1, 2004 under Public Act 93-32. Payment | ||||||
10 | of the surcharge due under Public Act 93-840
this amendatory | ||||||
11 | Act of 2004 shall discharge the employer's obligations due on | ||||||
12 | July 1, 2004.
| ||||||
13 | (c) In addition to the authority specifically granted under | ||||||
14 | Article XXV of
this
Code, the Director shall have such | ||||||
15 | authority to adopt rules or establish forms
as may be
| ||||||
16 | reasonably necessary for purposes of enforcing this Section. | ||||||
17 | The Director shall
also have
authority to defer, waive, or | ||||||
18 | abate the surcharge or any penalties imposed by
this
Section if | ||||||
19 | in
the Director's opinion the company's solvency and ability to | ||||||
20 | meet its insured
obligations
would be immediately threatened by | ||||||
21 | payment of the surcharge due.
| ||||||
22 | (d) When a company fails to pay the full amount of any | ||||||
23 | annual
Illinois Workers' Compensation
Commission Operations | ||||||
24 | Fund Surcharge of $100 or more due under this Section,
there
| ||||||
25 | shall be
added to the amount due as a penalty the greater of | ||||||
26 | $1,000 or an amount equal
to 5% of
the deficiency for each |
| |||||||
| |||||||
1 | month or part of a month that the deficiency remains
unpaid.
| ||||||
2 | (e) The Department of Insurance may enforce the collection | ||||||
3 | of any delinquent
payment, penalty, or portion thereof by legal | ||||||
4 | action or in any other manner by
which the
collection of debts | ||||||
5 | due the State of Illinois may be enforced under the laws of
| ||||||
6 | this State.
| ||||||
7 | (f) Whenever it appears to the satisfaction of the Director | ||||||
8 | that a company
has
paid
pursuant to this Act an Illinois | ||||||
9 | Workers' Compensation Commission Operations Fund Surcharge in
| ||||||
10 | an amount
in excess of the amount legally collectable from the | ||||||
11 | company, the Director
shall issue a
credit memorandum for an | ||||||
12 | amount equal to the amount of such overpayment. A
credit
| ||||||
13 | memorandum may be applied for the 2-year period from the date | ||||||
14 | of issuance,
against the
payment of any amount due during that | ||||||
15 | period under the surcharge imposed by
this
Section or,
subject | ||||||
16 | to reasonable rule of the Department of Insurance including | ||||||
17 | requirement
of
notification, may be assigned to any other | ||||||
18 | company subject to regulation under
this Act.
Any application | ||||||
19 | of credit memoranda after the period provided for in this
| ||||||
20 | Section is void.
| ||||||
21 | (g) Annually, the Governor may direct a transfer of up to | ||||||
22 | 2% of all moneys
collected under this Section to the Insurance | ||||||
23 | Financial Regulation Fund.
| ||||||
24 | (Source: P.A. 93-32, eff. 6-20-03; 93-721, eff. 1-1-05; 93-840, | ||||||
25 | eff. 7-30-04; revised 12-29-04.)
|
| |||||||
| |||||||
1 | (215 ILCS 5/500-135)
| ||||||
2 | Sec. 500-135. Fees.
| ||||||
3 | (a) The fees required by this Article are as follows:
| ||||||
4 | (1) a fee of $180 for a person who is a resident of | ||||||
5 | Illinois, and $250
for a person who is not a resident of | ||||||
6 | Illinois, payable once every 2
years for an insurance
| ||||||
7 | producer
license;
| ||||||
8 | (2) a fee of $50 for the issuance of a temporary | ||||||
9 | insurance
producer
license;
| ||||||
10 | (3) a fee of $150 payable once every 2 years for a | ||||||
11 | business
entity;
| ||||||
12 | (4) an annual $50 fee for a limited
line producer | ||||||
13 | license issued under items (1)
through (7) of subsection | ||||||
14 | (a) of Section 500-100;
| ||||||
15 | (5) a $50 application fee for the processing of a | ||||||
16 | request to
take the
written
examination for an insurance | ||||||
17 | producer license;
| ||||||
18 | (6) an annual registration fee of $1,000 for | ||||||
19 | registration of
an
education provider;
| ||||||
20 | (7) a certification fee of $50 for each certified
| ||||||
21 | pre-licensing or
continuing
education course and an annual | ||||||
22 | fee of $20 for renewing the
certification of
each such
| ||||||
23 | course;
| ||||||
24 | (8) a fee of $180 for a person who is a resident of | ||||||
25 | Illinois, and $250
for a person who is not a resident of | ||||||
26 | Illinois, payable once every 2
years for a car rental
|
| |||||||
| |||||||
1 | limited line
license;
| ||||||
2 | (9) a fee of $200 payable once every 2 years for a | ||||||
3 | limited
lines license
other
than the licenses issued under | ||||||
4 | items (1) through (7) of subsection (a) of
Section
500-100, | ||||||
5 | a
car rental limited line license, or a self-service | ||||||
6 | storage facility limited
line license;
| ||||||
7 | (10) a fee of $50 payable once every 2 years for a | ||||||
8 | self-service storage
facility limited line license.
| ||||||
9 | (b) Except as otherwise provided, all
fees paid to and | ||||||
10 | collected by the Director under
this Section shall be paid | ||||||
11 | promptly after receipt thereof, together with a
detailed | ||||||
12 | statement of
such fees, into a special fund in the State | ||||||
13 | Treasury to be known as the
Insurance Producer
Administration | ||||||
14 | Fund. The moneys deposited into the Insurance Producer
| ||||||
15 | Administration Fund
may be used only for payment of the | ||||||
16 | expenses of the Department in the
execution,
administration, | ||||||
17 | and enforcement of the insurance laws of this State, and shall
| ||||||
18 | be appropriated as
otherwise provided by law for the payment of | ||||||
19 | those expenses with first priority
being any
expenses incident | ||||||
20 | to or associated with the administration and enforcement of
| ||||||
21 | this Article.
| ||||||
22 | (Source: P.A. 92-386, eff. 1-1-02; 93-32, eff. 7-1-03; 93-288, | ||||||
23 | eff. 1-1-04;
revised 9-12-03.)
| ||||||
24 | (215 ILCS 5/512-3) (from Ch. 73, par. 1065.59-3)
| ||||||
25 | Sec. 512-3. Definitions. For the purposes of this Article, |
| |||||||
| |||||||
1 | unless the
context otherwise requires, the terms defined in | ||||||
2 | this Article have the meanings
ascribed
to them herein:
| ||||||
3 | (a) "Third party prescription program" or "program" means | ||||||
4 | any system of
providing for the reimbursement of pharmaceutical | ||||||
5 | services and prescription
drug products offered or operated in | ||||||
6 | this State under a contractual arrangement
or agreement between | ||||||
7 | a provider of such services and another party who is
not the | ||||||
8 | consumer of those services and products. Such programs may | ||||||
9 | include, but need not be limited to, employee benefit
plans | ||||||
10 | whereby a consumer receives prescription drugs or other | ||||||
11 | pharmaceutical
services and those services are paid for by
an | ||||||
12 | agent of the employer or others.
| ||||||
13 | (b) "Third party program administrator" or "administrator" | ||||||
14 | means any person,
partnership or corporation who issues or | ||||||
15 | causes to be issued any payment
or reimbursement to a provider | ||||||
16 | for services rendered pursuant to a third
party prescription | ||||||
17 | program, but does not include the Director of Healthcare and | ||||||
18 | Family Services
Public
Aid or any agent authorized by
the | ||||||
19 | Director to reimburse a provider of services rendered pursuant | ||||||
20 | to a
program of which the Department of Healthcare and Family | ||||||
21 | Services
Public Aid is the third party.
| ||||||
22 | (Source: P.A. 90-372, eff. 7-1-98; revised 12-15-05.)
| ||||||
23 | (215 ILCS 5/531.06) (from Ch. 73, par. 1065.80-6)
| ||||||
24 | Sec. 531.06. Creation of the Association. There is created | ||||||
25 | a
non-profit legal entity to be known as the Illinois Life and |
| |||||||
| |||||||
1 | Health
Insurance Guaranty Association. All member insurers are | ||||||
2 | and must remain
members of the Association as a condition of | ||||||
3 | their authority to transact
insurance in this State. The | ||||||
4 | Association must perform its functions under
the plan of | ||||||
5 | operation established and approved under Section 531.10 and | ||||||
6 | must
exercise its powers through a board of directors | ||||||
7 | established under
Section 531.07. For purposes of | ||||||
8 | administration and assessment, the Association
must maintain 2 | ||||||
9 | accounts:
| ||||||
10 | (1) The life insurance and annuity account which includes | ||||||
11 | the following
subaccounts:
| ||||||
12 | (a) Life Insurance Account;
| ||||||
13 | (b) Annuity account; and
| ||||||
14 | (c) Unallocated Annuity Account which shall include | ||||||
15 | contracts qualified
under Section 403(b) of the United States
| ||||||
16 | State Internal Revenue Code.
| ||||||
17 | (2) The health insurance account.
| ||||||
18 | The Association shall be supervised by the Director
and is | ||||||
19 | subject to the applicable provisions of the Illinois Insurance
| ||||||
20 | Code.
| ||||||
21 | (Source: P.A. 86-753; revised 10-11-05.)
| ||||||
22 | (215 ILCS 5/1204) (from Ch. 73, par. 1065.904)
| ||||||
23 | Sec. 1204. (A) The Secretary shall promulgate rules and | ||||||
24 | regulations
which shall require each insurer licensed to write | ||||||
25 | property or casualty
insurance in the State and each syndicate |
| |||||||
| |||||||
1 | doing business on the Illinois
Insurance Exchange to record and | ||||||
2 | report its loss and expense experience
and other data as may be | ||||||
3 | necessary to assess the relationship of
insurance premiums and | ||||||
4 | related income as compared to insurance costs and
expenses. The | ||||||
5 | Secretary may designate one or more rate service
organizations | ||||||
6 | or advisory organizations to gather and compile such
experience | ||||||
7 | and data. The Secretary shall require each insurer licensed to
| ||||||
8 | write property or casualty insurance in this State and each | ||||||
9 | syndicate doing
business on the Illinois Insurance Exchange to | ||||||
10 | submit a report, on
a form furnished by the Secretary, showing | ||||||
11 | its direct writings in this
State and companywide.
| ||||||
12 | (B) Such report required by subsection (A) of this Section | ||||||
13 | may include,
but not be limited to, the following specific | ||||||
14 | types of insurance written by
such insurer:
| ||||||
15 | (1) Political subdivision liability insurance reported | ||||||
16 | separately in the
following categories:
| ||||||
17 | (a) municipalities;
| ||||||
18 | (b) school districts;
| ||||||
19 | (c) other political subdivisions;
| ||||||
20 | (2) Public official liability insurance;
| ||||||
21 | (3) Dram shop liability insurance;
| ||||||
22 | (4) Day care center liability insurance;
| ||||||
23 | (5) Labor, fraternal or religious organizations | ||||||
24 | liability insurance;
| ||||||
25 | (6) Errors and omissions liability insurance;
| ||||||
26 | (7) Officers and directors liability insurance |
| |||||||
| |||||||
1 | reported separately as
follows:
| ||||||
2 | (a) non-profit entities;
| ||||||
3 | (b) for-profit entities;
| ||||||
4 | (8) Products liability insurance;
| ||||||
5 | (9) Medical malpractice insurance;
| ||||||
6 | (10) Attorney malpractice insurance;
| ||||||
7 | (11) Architects and engineers malpractice insurance; | ||||||
8 | and
| ||||||
9 | (12) Motor vehicle insurance reported separately for | ||||||
10 | commercial and
private passenger vehicles as follows:
| ||||||
11 | (a) motor vehicle physical damage insurance;
| ||||||
12 | (b) motor vehicle liability insurance.
| ||||||
13 | (C) Such report may include, but need not be limited to the | ||||||
14 | following data,
both
specific to this State and companywide, in | ||||||
15 | the aggregate or by type of
insurance for the previous year on | ||||||
16 | a calendar year basis:
| ||||||
17 | (1) Direct premiums written;
| ||||||
18 | (2) Direct premiums earned;
| ||||||
19 | (3) Number of policies;
| ||||||
20 | (4) Net investment income, using appropriate estimates | ||||||
21 | where necessary;
| ||||||
22 | (5) Losses paid;
| ||||||
23 | (6) Losses incurred;
| ||||||
24 | (7) Loss reserves:
| ||||||
25 | (a) Losses unpaid on reported claims;
| ||||||
26 | (b) Losses unpaid on incurred but not reported |
| |||||||
| |||||||
1 | claims;
| ||||||
2 | (8) Number of claims:
| ||||||
3 | (a) Paid claims;
| ||||||
4 | (b) Arising claims;
| ||||||
5 | (9) Loss adjustment expenses:
| ||||||
6 | (a) Allocated loss adjustment expenses;
| ||||||
7 | (b) Unallocated loss adjustment expenses;
| ||||||
8 | (10) Net underwriting gain or loss;
| ||||||
9 | (11) Net operation gain or loss, including net | ||||||
10 | investment income;
| ||||||
11 | (12) Any other information requested by the Secretary.
| ||||||
12 | (C-3)
(C-5) Additional information by an advisory | ||||||
13 | organization as defined in Section 463 of this Code. | ||||||
14 | (1) An advisory organization as defined in Section 463 | ||||||
15 | of this Code shall report annually the following | ||||||
16 | information in such format as may be prescribed by the | ||||||
17 | Secretary: | ||||||
18 | (a) paid and incurred losses for each of the past | ||||||
19 | 10 years; | ||||||
20 | (b) medical payments and medical charges, if | ||||||
21 | collected, for each of the past 10 years; | ||||||
22 | (c) the following indemnity payment information:
| ||||||
23 | cumulative payments by accident year by calendar year | ||||||
24 | of
development. This array will show payments made and | ||||||
25 | frequency of claims in the following categories: | ||||||
26 | medical only, permanent partial disability (PPD), |
| |||||||
| |||||||
1 | permanent total
disability (PTD), temporary total | ||||||
2 | disability (TTD), and fatalities; | ||||||
3 | (d) injuries by frequency and severity; | ||||||
4 | (e) by class of employee. | ||||||
5 | (2) The report filed with the Secretary of Financial | ||||||
6 | and Professional Regulation under paragraph (1) of this
| ||||||
7 | subsection (C-3)
(C-5) shall be made available, on an | ||||||
8 | aggregate basis, to the General
Assembly and to the general | ||||||
9 | public. The identity of the petitioner, the respondent, the | ||||||
10 | attorneys, and the insurers shall not be disclosed.
| ||||||
11 | (3) Reports required under this
subsection (C-3)
(C-5)
| ||||||
12 | shall be filed with the Secretary no later than September 1 | ||||||
13 | in 2006 and no later than September 1 of each year | ||||||
14 | thereafter.
| ||||||
15 | (C-5) Additional information required from medical | ||||||
16 | malpractice insurers. | ||||||
17 | (1) In addition to the other requirements of this | ||||||
18 | Section, the following information shall be included in the | ||||||
19 | report required by subsection (A) of this Section in such | ||||||
20 | form and under such terms and conditions as may be | ||||||
21 | prescribed by the Secretary: | ||||||
22 | (a) paid and incurred losses by county for each of | ||||||
23 | the past 10 policy years; | ||||||
24 | (b) earned exposures by ISO code, policy type, and | ||||||
25 | policy year by county for each of the past 10 years; | ||||||
26 | and |
| |||||||
| |||||||
1 | (c) the following actuarial information: | ||||||
2 | (i) Base class and territory equivalent | ||||||
3 | exposures by report year by relative accident | ||||||
4 | year. | ||||||
5 | (ii) Cumulative loss array by accident year by | ||||||
6 | calendar year of development. This array will show | ||||||
7 | frequency of claims in the following categories: | ||||||
8 | open, closed with indemnity (CWI), closed with | ||||||
9 | expense (CWE), and closed no pay (CNP); paid | ||||||
10 | severity in the following categories: indemnity | ||||||
11 | and allocated loss adjustment expenses (ALAE) on | ||||||
12 | closed claims;
and indemnity and expense reserves | ||||||
13 | on pending claims. | ||||||
14 | (iii) Cumulative loss array by report year by | ||||||
15 | calendar year of development. This array will show | ||||||
16 | frequency of claims in the following categories: | ||||||
17 | open, closed with indemnity (CWI), closed with | ||||||
18 | expense (CWE), and closed no pay (CNP); paid | ||||||
19 | severity in the following categories: indemnity | ||||||
20 | and allocated loss adjustment expenses (ALAE) on | ||||||
21 | closed claims; and indemnity and expense reserves | ||||||
22 | on pending claims. | ||||||
23 | (iv) Maturity year and tail factors. | ||||||
24 | (v) Any expense, contingency ddr (death, | ||||||
25 | disability, and retirement), commission, tax, | ||||||
26 | and/or off-balance factors. |
| |||||||
| |||||||
1 | (2) The following information must also be annually | ||||||
2 | provided to the Department:
| ||||||
3 | (a) copies of the company's reserve and surplus | ||||||
4 | studies; and | ||||||
5 | (b) consulting actuarial report and data | ||||||
6 | supporting the company's rate
filing. | ||||||
7 | (3) All information collected by the Secretary under | ||||||
8 | paragraphs (1) and (2) shall be made available, on a | ||||||
9 | company-by-company basis, to the General Assembly and the | ||||||
10 | general public. This provision shall supersede any other | ||||||
11 | provision of State law that may otherwise protect such | ||||||
12 | information from public disclosure as confidential.
| ||||||
13 | (D) In addition to the information which may be requested | ||||||
14 | under
subsection (C), the Secretary may also request on a | ||||||
15 | companywide, aggregate
basis, Federal Income Tax recoverable, | ||||||
16 | net realized capital gain or loss,
net unrealized capital gain | ||||||
17 | or loss, and all other expenses not requested
in subsection (C) | ||||||
18 | above.
| ||||||
19 | (E) Violations - Suspensions - Revocations.
| ||||||
20 | (1) Any company or person
subject to this Article, who | ||||||
21 | willfully or repeatedly fails to observe or who
otherwise | ||||||
22 | violates any of the provisions of this Article or any rule | ||||||
23 | or
regulation promulgated by the Secretary under authority | ||||||
24 | of this Article or any
final order of the Secretary entered | ||||||
25 | under the authority of this Article shall
by civil penalty | ||||||
26 | forfeit to the State of Illinois a sum not to exceed
|
| |||||||
| |||||||
1 | $2,000. Each day during which a violation occurs | ||||||
2 | constitutes a
separate
offense.
| ||||||
3 | (2) No forfeiture liability under paragraph (1) of this | ||||||
4 | subsection may
attach unless a written notice of apparent | ||||||
5 | liability has been issued by the
Secretary and received by | ||||||
6 | the respondent, or the Secretary sends written
notice of | ||||||
7 | apparent liability by registered or certified mail, return
| ||||||
8 | receipt requested, to the last known address of the | ||||||
9 | respondent. Any
respondent so notified must be granted an | ||||||
10 | opportunity to request a hearing
within 10 days from | ||||||
11 | receipt of notice, or to show in writing, why he should
not | ||||||
12 | be held liable. A notice issued under this Section must set | ||||||
13 | forth the
date, facts and nature of the act or omission | ||||||
14 | with which the respondent is
charged and must specifically | ||||||
15 | identify the particular provision of this
Article, rule, | ||||||
16 | regulation or order of which a violation is charged.
| ||||||
17 | (3) No forfeiture liability under paragraph (1) of this | ||||||
18 | subsection may
attach for any violation occurring more than | ||||||
19 | 2 years prior to the date of
issuance of the notice of | ||||||
20 | apparent liability and in no event may the total
civil | ||||||
21 | penalty forfeiture imposed for the acts or omissions set | ||||||
22 | forth in any
one notice of apparent liability exceed | ||||||
23 | $100,000.
| ||||||
24 | (4) All administrative hearings conducted pursuant to | ||||||
25 | this Article are
subject to 50 Ill. Adm. Code 2402 and all | ||||||
26 | administrative hearings are
subject to the Administrative |
| |||||||
| |||||||
1 | Review Law.
| ||||||
2 | (5) The civil penalty forfeitures provided for in this | ||||||
3 | Section are
payable to the General Revenue Fund of the | ||||||
4 | State of Illinois, and may be
recovered in a civil suit in | ||||||
5 | the name of the State of Illinois brought in
the Circuit | ||||||
6 | Court in Sangamon County or in the Circuit Court of the | ||||||
7 | county
where the respondent is domiciled or has its | ||||||
8 | principal operating office.
| ||||||
9 | (6) In any case where the Secretary issues a notice of | ||||||
10 | apparent liability
looking toward the imposition of a civil | ||||||
11 | penalty forfeiture under this
Section that fact may not be | ||||||
12 | used in any other proceeding before the
Secretary to the | ||||||
13 | prejudice of the respondent to whom the notice was issued,
| ||||||
14 | unless (a) the civil penalty forfeiture has been paid, or | ||||||
15 | (b) a court has
ordered payment of the civil penalty | ||||||
16 | forfeiture and that order has become
final.
| ||||||
17 | (7) When any person or company has a license or | ||||||
18 | certificate of authority
under this Code and knowingly | ||||||
19 | fails or refuses to comply with a lawful
order of the | ||||||
20 | Secretary requiring compliance with this Article, entered | ||||||
21 | after
notice and hearing, within the period of time | ||||||
22 | specified in the order, the
Secretary may, in addition to | ||||||
23 | any other penalty or authority
provided, revoke or refuse | ||||||
24 | to renew the license or certificate of authority
of such | ||||||
25 | person
or company, or may suspend the license or | ||||||
26 | certificate of authority
of such
person or company until |
| |||||||
| |||||||
1 | compliance with such order has been obtained.
| ||||||
2 | (8) When any person or company has a license or | ||||||
3 | certificate of authority
under this Code and knowingly | ||||||
4 | fails or refuses to comply with any
provisions of this | ||||||
5 | Article, the Secretary may, after notice and hearing, in
| ||||||
6 | addition to any other penalty provided, revoke or refuse to | ||||||
7 | renew the
license or certificate of authority of such | ||||||
8 | person or company, or may
suspend the license or | ||||||
9 | certificate of authority of such person or company,
until | ||||||
10 | compliance with such provision of this Article has been | ||||||
11 | obtained.
| ||||||
12 | (9) No suspension or revocation under this Section may | ||||||
13 | become effective
until 5 days from the date that the notice | ||||||
14 | of suspension or revocation has
been personally delivered | ||||||
15 | or delivered by registered or certified mail to
the company | ||||||
16 | or person. A suspension or revocation under this Section is
| ||||||
17 | stayed upon the filing, by the company or person, of a | ||||||
18 | petition for
judicial review under the Administrative | ||||||
19 | Review Law.
| ||||||
20 | (Source: P.A. 93-32, eff. 7-1-03; 94-277, eff. 7-20-05; 94-677, | ||||||
21 | eff. 8-25-05; revised 8-29-05.)
| ||||||
22 | Section 660. The Comprehensive Health Insurance Plan Act is | ||||||
23 | amended by setting forth and renumbering multiple versions of | ||||||
24 | Section 15 as follows: |
| |||||||
| |||||||
1 | (215 ILCS 105/14.05)
| ||||||
2 | Sec. 14.05
15 . Alternative portable coverage for federally | ||||||
3 | eligible individuals.
| ||||||
4 | (a) Notwithstanding the requirements of subsection a. of | ||||||
5 | Section 7 and
except as otherwise provided in this Section, any
| ||||||
6 | federally eligible individual for whom a Plan
application, and | ||||||
7 | such enclosures and supporting documentation as the Board may
| ||||||
8 | require, is received by the Board within 90 days after the
| ||||||
9 | termination of prior
creditable coverage shall qualify to | ||||||
10 | enroll in the Plan under the
portability provisions of this | ||||||
11 | Section.
| ||||||
12 | A federally eligible person who has
been certified as | ||||||
13 | eligible pursuant to the federal Trade
Act of 2002
and whose | ||||||
14 | Plan application and enclosures and supporting
documentation | ||||||
15 | as the Board may require is received by the Board within 63 | ||||||
16 | days
after the termination of previous creditable coverage | ||||||
17 | shall qualify to enroll
in the Plan under the portability | ||||||
18 | provisions of this Section.
| ||||||
19 | (b) Any federally eligible individual seeking Plan | ||||||
20 | coverage under this
Section must submit with his or her | ||||||
21 | application evidence, including acceptable
written | ||||||
22 | certification of previous creditable coverage, that will | ||||||
23 | establish to
the Board's satisfaction, that he or she meets all | ||||||
24 | of the requirements to be a
federally eligible individual and | ||||||
25 | is currently and
permanently residing in this State (as of the | ||||||
26 | date his or her application was
received by the Board).
|
| |||||||
| |||||||
1 | (c) Except as otherwise provided in this Section, a period | ||||||
2 | of creditable
coverage shall not be counted, with respect to
| ||||||
3 | qualifying an applicant for Plan coverage as a federally | ||||||
4 | eligible individual
under this Section, if after such period | ||||||
5 | and before the application for Plan
coverage was received by | ||||||
6 | the Board, there was at least a 90 day
period during
all of | ||||||
7 | which the individual was not covered under any creditable | ||||||
8 | coverage.
| ||||||
9 | For a federally eligible person who has
been certified as | ||||||
10 | eligible
pursuant to the federal Trade Act of 2002, a period of | ||||||
11 | creditable
coverage shall not be counted, with respect to | ||||||
12 | qualifying an applicant for Plan
coverage as a federally | ||||||
13 | eligible individual under this Section, if after such
period | ||||||
14 | and before the application for Plan coverage was received by | ||||||
15 | the Board,
there was at
least a 63 day period during all of | ||||||
16 | which the individual was not covered under
any creditable | ||||||
17 | coverage.
| ||||||
18 | (d) Any federally eligible individual who the Board | ||||||
19 | determines qualifies for
Plan coverage under this Section shall | ||||||
20 | be offered his or her choice of
enrolling in one of alternative | ||||||
21 | portability health benefit plans which the
Board
is authorized | ||||||
22 | under this Section to establish for these federally eligible
| ||||||
23 | individuals
and their dependents.
| ||||||
24 | (e) The Board shall offer a choice of health care coverages | ||||||
25 | consistent with
major medical coverage under the alternative | ||||||
26 | health benefit plans authorized by
this Section to every |
| |||||||
| |||||||
1 | federally eligible individual.
The coverages to be offered | ||||||
2 | under the plans, the schedule of
benefits, deductibles, | ||||||
3 | co-payments, exclusions, and other limitations shall be
| ||||||
4 | approved by the Board. One optional form of coverage shall be | ||||||
5 | comparable to
comprehensive health insurance coverage offered | ||||||
6 | in the individual market in
this State or a standard option of | ||||||
7 | coverage available under the group or
individual health | ||||||
8 | insurance laws of the State. The standard benefit plan that
is
| ||||||
9 | authorized by Section 8 of this Act may be used for this | ||||||
10 | purpose. The Board
may also offer a preferred provider option | ||||||
11 | and such other options as the Board
determines may be | ||||||
12 | appropriate for these federally eligible individuals who
| ||||||
13 | qualify for Plan coverage pursuant to this Section.
| ||||||
14 | (f) Notwithstanding the requirements of subsection f. of | ||||||
15 | Section 8, any
plan coverage
that is issued to federally | ||||||
16 | eligible individuals who qualify for the Plan
pursuant
to the | ||||||
17 | portability provisions of this Section shall not be subject to | ||||||
18 | any
preexisting conditions exclusion, waiting period, or other | ||||||
19 | similar limitation
on coverage.
| ||||||
20 | (g) Federally eligible individuals who qualify and enroll | ||||||
21 | in the Plan
pursuant
to this Section shall be required to pay | ||||||
22 | such premium rates as the Board shall
establish and approve in | ||||||
23 | accordance with the requirements of Section 7.1 of
this Act.
| ||||||
24 | (h) A federally eligible individual who qualifies and | ||||||
25 | enrolls in the Plan
pursuant to this Section must satisfy on an | ||||||
26 | ongoing basis all of the other
eligibility requirements of this |
| |||||||
| |||||||
1 | Act to the extent not inconsistent with the
federal Health | ||||||
2 | Insurance Portability and Accountability Act of 1996 in order | ||||||
3 | to
maintain continued eligibility
for coverage under the Plan.
| ||||||
4 | (Source: P.A. 92-153, eff. 7-25-01; 93-33, eff. 6-23-03; 93-34, | ||||||
5 | eff. 6-23-03; 93-622, eff. 12-18-03; revised 3-22-06.)
| ||||||
6 | (215 ILCS 105/15)
| ||||||
7 | Sec. 15. This Act takes effect July 1, 1987. | ||||||
8 | (Source: P.A. 84-1478.)
| ||||||
9 | Section 665. The Children's Health Insurance Program Act is | ||||||
10 | amended by changing Sections 10 and 15 as follows:
| ||||||
11 | (215 ILCS 106/10)
| ||||||
12 | Sec. 10. Definitions. As used in this Act:
| ||||||
13 | "Benchmarking" means health benefits coverage as defined | ||||||
14 | in Section
2103 of the Social Security Act.
| ||||||
15 | "Child" means a person under the age of 19.
| ||||||
16 | "Department" means the Department of Healthcare and Family | ||||||
17 | Services
Public Aid .
| ||||||
18 | "Medical assistance" means health care benefits provided | ||||||
19 | under Article V
of the Illinois Public Aid Code.
| ||||||
20 | "Medical visit" means a hospital, dental, physician, | ||||||
21 | optical, or other
health care visit where services are provided | ||||||
22 | pursuant to this Act.
| ||||||
23 | "Program" means the Children's Health Insurance Program, |
| |||||||
| |||||||
1 | which includes
subsidizing the cost of privately sponsored | ||||||
2 | health insurance and purchasing
or providing health care | ||||||
3 | benefits for eligible children.
| ||||||
4 | "Resident" means a person who meets the residency | ||||||
5 | requirements as
defined in Section 5-3 of the Illinois Public | ||||||
6 | Aid Code.
| ||||||
7 | (Source: P.A. 90-736, eff. 8-12-98; revised 12-15-05.)
| ||||||
8 | (215 ILCS 106/15)
| ||||||
9 | Sec. 15. Operation of the Program. There is hereby created | ||||||
10 | a
Children's Health Insurance Program. The Program shall | ||||||
11 | operate subject
to appropriation and shall be administered by | ||||||
12 | the Department of Healthcare and Family Services
Public
Aid . | ||||||
13 | The Department shall have the powers and authority granted to | ||||||
14 | the
Department under the Illinois Public Aid Code. The | ||||||
15 | Department may contract
with a Third Party Administrator or | ||||||
16 | other entities to administer and oversee
any portion of this | ||||||
17 | Program.
| ||||||
18 | (Source: P.A. 90-736, eff. 8-12-98; revised 12-15-05.)
| ||||||
19 | Section 670. The Health Maintenance Organization Act is | ||||||
20 | amended by changing Sections 2-1, 4-9.1, 4-17, and 6-8 as | ||||||
21 | follows:
| ||||||
22 | (215 ILCS 125/2-1) (from Ch. 111 1/2, par. 1403)
| ||||||
23 | Sec. 2-1. Certificate of authority - Exception for |
| |||||||
| |||||||
1 | corporate employee
programs - Applications - Material | ||||||
2 | modification of operation.
| ||||||
3 | (a) No organization shall establish or operate a Health | ||||||
4 | Maintenance
Organization in this State without obtaining a | ||||||
5 | certificate of authority
under this Act. No person other than | ||||||
6 | an organization may lawfully
establish or operate a Health | ||||||
7 | Maintenance Organization in this State.
This Act shall not | ||||||
8 | apply to the establishment and operation
of a Health | ||||||
9 | Maintenance Organization exclusively providing or arranging
| ||||||
10 | for health care services to employees of a corporate affiliate | ||||||
11 | of such
Health Maintenance Organization. This exclusion shall | ||||||
12 | be available
only to those Health Maintenance Organizations | ||||||
13 | which require employee
contributions which equal less than 50% | ||||||
14 | of the total cost of the health
care plan, with the remainder | ||||||
15 | of the cost being paid by the corporate
affiliate which is the | ||||||
16 | employer of the participants in the plan.
This Act shall not | ||||||
17 | apply to the establishment and operation of a Health
| ||||||
18 | Maintenance Organization exclusively providing or arranging | ||||||
19 | health care
services under contract with the State to persons | ||||||
20 | committed to the custody
of the Illinois Department of | ||||||
21 | Corrections.
| ||||||
22 | This Act does not apply to the establishment and operation | ||||||
23 | of
managed care community networks that are certified as | ||||||
24 | risk-bearing entities
under Section 5-11 of the Illinois Public | ||||||
25 | Aid Code and that contract with the
Department of Healthcare | ||||||
26 | and Family Services (formerly Illinois Department of Public |
| |||||||
| |||||||
1 | Aid ) pursuant to that Section.
| ||||||
2 | (b) Any organization may apply to the Director for and | ||||||
3 | obtain a
certificate of authority to establish and operate a | ||||||
4 | Health Maintenance
Organization in compliance with this Act. A | ||||||
5 | foreign corporation may
qualify under this Act, subject to its | ||||||
6 | registration to do business in
this State as a foreign | ||||||
7 | corporation.
| ||||||
8 | (c) Each application for a certificate of authority shall | ||||||
9 | be
filed in triplicate and verified by an officer or authorized | ||||||
10 | representative
of the applicant, shall be in a form prescribed | ||||||
11 | by the Director, and shall
set forth, without limiting what may | ||||||
12 | be required by the Director, the
following:
| ||||||
13 | (1) A copy of the organizational document;
| ||||||
14 | (2) A copy of the bylaws, rules and regulations, or | ||||||
15 | similar document
regulating the conduct of the internal | ||||||
16 | affairs of the applicant, which
shall include a mechanism | ||||||
17 | to afford the enrollees an opportunity to
participate in an | ||||||
18 | advisory capacity in matters of policy and operations;
| ||||||
19 | (3) A list of the names, addresses, and official | ||||||
20 | positions of the persons
who are to be responsible for the | ||||||
21 | conduct of the affairs of the applicant;
including, but not | ||||||
22 | limited to, all members of the board of directors,
| ||||||
23 | executive committee, the principal officers, and any | ||||||
24 | person or entity
owning or having the right to acquire 10% | ||||||
25 | or more of the voting securities
or subordinated debt of | ||||||
26 | the applicant;
|
| |||||||
| |||||||
1 | (4) A statement generally describing the applicant, | ||||||
2 | geographic area to
be served, its facilities, personnel and | ||||||
3 | the health care services to be
offered;
| ||||||
4 | (5) A copy of the form of any contract made or to be | ||||||
5 | made between the
applicant and any providers regarding the | ||||||
6 | provision of health
care services to enrollees;
| ||||||
7 | (6) A copy of the form of any contract made or to be | ||||||
8 | made between the
applicant and any person listed in | ||||||
9 | paragraph (3) of this subsection;
| ||||||
10 | (7) A copy of the form of any contract made or to be | ||||||
11 | made between the
applicant and any person, corporation, | ||||||
12 | partnership or other entity for the
performance on the | ||||||
13 | applicant's behalf of any functions including, but not
| ||||||
14 | limited to, marketing, administration, enrollment, | ||||||
15 | investment management
and subcontracting for the provision | ||||||
16 | of health services to enrollees;
| ||||||
17 | (8) A copy of the form of any group contract which is | ||||||
18 | to be issued to
employers, unions, trustees, or other | ||||||
19 | organizations and a copy of any form
of evidence of | ||||||
20 | coverage to be issued to any enrollee or subscriber and any
| ||||||
21 | advertising material;
| ||||||
22 | (9) Descriptions of the applicant's procedures for | ||||||
23 | resolving
enrollee grievances which must include | ||||||
24 | procedures providing for enrollees
participation in the | ||||||
25 | resolution of grievances;
| ||||||
26 | (10) A copy of the applicant's most recent financial |
| |||||||
| |||||||
1 | statements
audited by an independent certified public | ||||||
2 | accountant. If the financial
affairs of the applicant's | ||||||
3 | parent company are audited by an independent
certified | ||||||
4 | public accountant but those of the applicant are not, then | ||||||
5 | a copy
of the most recent audited financial statement of | ||||||
6 | the applicant's parent,
attached to which shall be | ||||||
7 | consolidating financial statements of the parent
including | ||||||
8 | separate unaudited financial statements of the applicant, | ||||||
9 | unless
the Director determines that additional or more | ||||||
10 | recent financial
information is required for the proper | ||||||
11 | administration of this Act;
| ||||||
12 | (11) A copy of the applicant's financial plan, | ||||||
13 | including a three-year
projection of anticipated operating | ||||||
14 | results, a statement of the sources of
working capital, and | ||||||
15 | any other sources of funding and provisions for
| ||||||
16 | contingencies;
| ||||||
17 | (12) A description of rate methodology;
| ||||||
18 | (13) A description of the proposed method of marketing;
| ||||||
19 | (14) A copy of every filing made with the Illinois | ||||||
20 | Secretary of State
which relates to the applicant's | ||||||
21 | registered agent or registered office;
| ||||||
22 | (15) A description of the complaint procedures to be | ||||||
23 | established and
maintained as required under Section 4-6 of | ||||||
24 | this Act;
| ||||||
25 | (16) A description, in accordance with regulations | ||||||
26 | promulgated by the
Illinois Department of Public Health, of |
| |||||||
| |||||||
1 | the quality assessment and
utilization review procedures | ||||||
2 | to be utilized by the applicant;
| ||||||
3 | (17) The fee for filing an application for issuance of | ||||||
4 | a certificate of
authority provided in Section 408 of the | ||||||
5 | Illinois Insurance Code, as now or
hereafter amended; and
| ||||||
6 | (18) Such other information as the Director may | ||||||
7 | reasonably require to
make the determinations required by | ||||||
8 | this Act.
| ||||||
9 | (Source: P.A. 92-370, eff. 8-15-01; revised 12-15-05.)
| ||||||
10 | (215 ILCS 125/4-9.1) (from Ch. 111 1/2, par. 1409.2-1)
| ||||||
11 | Sec. 4-9.1. Dependent Coverage Termination.
| ||||||
12 | (a) The attainment of a limiting age under a group contract | ||||||
13 | or
evidence of coverage which provides that coverage of a | ||||||
14 | dependent person of
an enrollee shall terminate upon attainment | ||||||
15 | of the limiting age for
dependent persons does
not operate to | ||||||
16 | terminate the coverage of a person who, because
of a | ||||||
17 | handicapped condition that occurred before attainment of the | ||||||
18 | limiting age,
is incapable of self-sustaining employment and is | ||||||
19 | dependent on his
or her
parents or other care providers for | ||||||
20 | lifetime care and supervision.
| ||||||
21 | (b) For purposes of subsection (a), "dependent on other | ||||||
22 | care providers" is
defined as requiring a Community Integrated | ||||||
23 | Living Arrangement, group home,
supervised apartment, or other | ||||||
24 | residential services licensed or certified by
the Department of | ||||||
25 | Human Services (as successor to the Department of Mental
Health |
| |||||||
| |||||||
1 | and Developmental Disabilities), the Department
of Public | ||||||
2 | Health, or the Department of Healthcare and Family Services | ||||||
3 | (formerly Department of Public Aid ) .
| ||||||
4 | (c) Proof of such incapacity and dependency shall be | ||||||
5 | furnished to the health
maintenance organization by the | ||||||
6 | enrollee within
31 days of a request for the
information by the | ||||||
7 | health maintenance organization and subsequently as may
be | ||||||
8 | required by the health maintenance organization, but not more | ||||||
9 | frequently
than annually. In the absence of proof submitted | ||||||
10 | within 31 days of such
inquiry that such dependent is a | ||||||
11 | disabled and dependent person, the health
maintenance | ||||||
12 | organization may terminate coverage of such person at or
after | ||||||
13 | attainment of the limiting age. In the absence of such inquiry,
| ||||||
14 | coverage of any disabled and dependent person shall continue | ||||||
15 | through the
term of the group contract or evidence of coverage | ||||||
16 | or any extension or
renewal thereof.
| ||||||
17 | (Source: P.A. 88-309; 89-507, eff. 7-1-97; revised 12-15-05.)
| ||||||
18 | (215 ILCS 125/4-17)
| ||||||
19 | Sec. 4-17. Basic outpatient preventive and primary health | ||||||
20 | care services
for children. In order to attempt to address the | ||||||
21 | needs of children in Illinois
(i) without health care coverage, | ||||||
22 | either through a parent's employment, through
medical | ||||||
23 | assistance under the Illinois Public Aid Code, or any other | ||||||
24 | health plan
or (ii) who lose medical assistance if and when | ||||||
25 | their parents move from welfare
to work and do not find |
| |||||||
| |||||||
1 | employment that offers health care coverage, a
health | ||||||
2 | maintenance organization may undertake to provide or arrange | ||||||
3 | for and to
pay for or reimburse the cost of basic outpatient | ||||||
4 | preventive and primary health
care services. The Department | ||||||
5 | shall promulgate rules to establish minimum
coverage and | ||||||
6 | disclosure requirements. These requirements at a minimum shall
| ||||||
7 | include routine physical examinations and immunizations, sick | ||||||
8 | visits,
diagnostic x-rays and laboratory services, and | ||||||
9 | emergency outpatient services.
Coverage may also include | ||||||
10 | preventive dental services, vision screening and one
pair of | ||||||
11 | eyeglasses, prescription drugs, and mental health services.
| ||||||
12 | The coverage may include any
reasonable co-payments, | ||||||
13 | deductibles, and benefit maximums subject to
limitations | ||||||
14 | established by the Director by rule. Coverage shall be
limited | ||||||
15 | to children who are 18 years of age or under, who have resided
| ||||||
16 | in the State of Illinois for at least 30 days, and who do not | ||||||
17 | qualify for
medical assistance under the Illinois Public Aid | ||||||
18 | Code. Any such coverage
shall be made available to an adult on | ||||||
19 | behalf of such children
and shall not be funded through State | ||||||
20 | appropriations. In counties with
populations in excess of | ||||||
21 | 3,000,000, the Director shall not approve any
arrangement under | ||||||
22 | this Section unless and until an arrangement for at least one
| ||||||
23 | health maintenance organization under
contract with the | ||||||
24 | Department of Healthcare and Family Services (formerly
| ||||||
25 | Illinois Department of Public Aid ) for furnishing health
| ||||||
26 | services pursuant to Section 5-11 of the Illinois Public Aid |
| |||||||
| |||||||
1 | Code and for which
the requirements of 42 CFR 434.26(a) have | ||||||
2 | been waived is approved.
| ||||||
3 | (Source: P.A. 90-376, eff. 8-14-97; 90-655, eff. 7-30-98; | ||||||
4 | revised 12-15-05.)
| ||||||
5 | (215 ILCS 125/6-8) (from Ch. 111 1/2, par. 1418.8)
| ||||||
6 | Sec. 6-8. Powers and duties of the Association. In addition | ||||||
7 | to
the powers and duties enumerated in other Sections of this | ||||||
8 | Article, the
Association shall have the powers set forth in | ||||||
9 | this Section.
| ||||||
10 | (1) If a domestic organization is an impaired organization, | ||||||
11 | the Association
may, subject to any conditions imposed by the | ||||||
12 | Association other than
those which impair the contractual | ||||||
13 | obligations of the impaired organization,
and approved by the | ||||||
14 | impaired organization and the Director:
| ||||||
15 | (a) guarantee or reinsure, or cause to be guaranteed, | ||||||
16 | assumed or
reinsured, any or all of the covered health care | ||||||
17 | plan certificates of
covered persons of the impaired | ||||||
18 | organization;
| ||||||
19 | (b) provide such monies, pledges, notes, guarantees, | ||||||
20 | or other means
as are proper to effectuate paragraph (a), | ||||||
21 | and assure payment of the
contractual obligations of the | ||||||
22 | impaired organization pending action under
paragraph (a); | ||||||
23 | and
| ||||||
24 | (c) loan money to the impaired organization.
| ||||||
25 | (2) If a domestic, foreign, or alien organization is an |
| |||||||
| |||||||
1 | insolvent
organization, the Association shall, subject to the | ||||||
2 | approval of the Director:
| ||||||
3 | (a) guarantee, assume, indemnify or reinsure or cause | ||||||
4 | to be guaranteed,
assumed, indemnified or reinsured the | ||||||
5 | covered health care plan benefits
of covered persons of the | ||||||
6 | insolvent organization; however, in the event
that the | ||||||
7 | Director of Healthcare and Family Services (formerly
| ||||||
8 | Director of the Department of Public Aid )
assigns | ||||||
9 | individuals that are recipients of public aid from an | ||||||
10 | insolvent
organization to another organization, the | ||||||
11 | Director of Healthcare and Family Services
the Department | ||||||
12 | of
Public Aid shall, before fixing the rates to be paid by | ||||||
13 | the Department of
Healthcare and Family Services
Public Aid
| ||||||
14 | to the transferee organization on account of such | ||||||
15 | individuals,
consult with the Director of the Department of | ||||||
16 | Insurance as to the
reasonableness of such rates in light | ||||||
17 | of the health care needs of such
individuals and the costs | ||||||
18 | of providing health care services to such
individuals;
| ||||||
19 | (b) assure payment of the contractual obligations of | ||||||
20 | the insolvent
organization to covered persons;
| ||||||
21 | (c) make payments to providers of health care, or | ||||||
22 | indemnity payments
to covered persons, so as to assure the | ||||||
23 | continued payment of benefits
substantially similar to | ||||||
24 | those provided for under covered health care plan
| ||||||
25 | certificate issued by the insolvent organization to | ||||||
26 | covered persons; and
|
| |||||||
| |||||||
1 | (d) provide such monies, pledges, notes, guaranties, | ||||||
2 | or other means
as are reasonably necessary to discharge | ||||||
3 | such duties.
| ||||||
4 | This subsection (2) shall not apply when the
Director has | ||||||
5 | determined that the foreign or alien organization's
| ||||||
6 | domiciliary jurisdiction or state of entry provides, by | ||||||
7 | statute, protection
substantially similar to that provided by | ||||||
8 | this Article for residents of
this State and such protection | ||||||
9 | will be provided in a timely manner.
| ||||||
10 | (3) There shall be no liability on the part of and no cause | ||||||
11 | of action
shall arise against the Association or against any | ||||||
12 | transferee from the
Association in connection with the transfer | ||||||
13 | by reinsurance or otherwise of
all or any part of an impaired | ||||||
14 | or insolvent organization's business by
reason of any action | ||||||
15 | taken or any failure to take any action by the
impaired or | ||||||
16 | insolvent organization at any time.
| ||||||
17 | (4) If the Association fails to act within a reasonable | ||||||
18 | period of
time as provided in subsection (2) of this Section | ||||||
19 | with respect to an
insolvent organization, the Director shall | ||||||
20 | have the powers and duties of
the Association under this | ||||||
21 | Article with regard to such insolvent organization.
| ||||||
22 | (5) The Association or its designated representatives may | ||||||
23 | render
assistance and advice to the Director, upon his request, | ||||||
24 | concerning
rehabilitation, payment of claims, continuations of | ||||||
25 | coverage, or the
performance of other contractual obligations | ||||||
26 | of any impaired or insolvent
organization.
|
| |||||||
| |||||||
1 | (6) The Association has standing to appear before any court | ||||||
2 | concerning
all matters germane to the powers and duties of
the | ||||||
3 | Association, including, but not limited to, proposals for | ||||||
4 | reinsuring
or guaranteeing the covered health care plan | ||||||
5 | certificates of the impaired
or insolvent organization and the | ||||||
6 | determination of the covered health care plan
certificates and | ||||||
7 | contractual obligations.
| ||||||
8 | (7) (a) Any person receiving benefits under this Article is | ||||||
9 | deemed
to have assigned the rights under the covered health | ||||||
10 | care plan
certificates to the Association to the extent of the | ||||||
11 | benefits received
because of this Article whether the benefits | ||||||
12 | are payments of contractual
obligations or continuation of | ||||||
13 | coverage. The Association may require an
assignment to it of | ||||||
14 | such rights by any payee, enrollee or beneficiary as a
| ||||||
15 | condition precedent to the receipt of any rights or benefits | ||||||
16 | conferred by
this Article upon such person. The Association is | ||||||
17 | subrogated to these
rights against the assets of any insolvent | ||||||
18 | organization and against any
other party who may be liable to | ||||||
19 | such payee, enrollee or beneficiary.
| ||||||
20 | (b) The subrogation rights of the Association under this | ||||||
21 | subsection
have the same priority against the assets of the | ||||||
22 | insolvent organization as
that possessed by the person entitled | ||||||
23 | to receive benefits under this
Article.
| ||||||
24 | (8) (a) The contractual obligations of the insolvent | ||||||
25 | organization for
which the Association becomes or may become | ||||||
26 | liable are as great as but no
greater than the contractual |
| |||||||
| |||||||
1 | obligations of the insolvent organization would
have been in | ||||||
2 | the absence of an insolvency unless such obligations are
| ||||||
3 | reduced as permitted by subsection (3), but the aggregate | ||||||
4 | liability of the
Association shall not exceed $300,000 with | ||||||
5 | respect to any one natural person.
| ||||||
6 | (b) Furthermore, the Association shall not be required to | ||||||
7 | pay, and shall
have no liability to, any provider of health | ||||||
8 | care services to an enrollee:
| ||||||
9 | (i) if such provider, or his or its affiliates or | ||||||
10 | members of his
immediate family, at any time within the one | ||||||
11 | year prior to the date of the
issuance of the first order, | ||||||
12 | by a court of competent jurisdiction, of
conservation, | ||||||
13 | rehabilitation or liquidation pertaining to the health
| ||||||
14 | maintenance organization:
| ||||||
15 | (A) was a securityholder of such organization (but | ||||||
16 | excluding any
securityholder holding an equity | ||||||
17 | interest of 5% or less);
| ||||||
18 | (B) exercised control over the organization by | ||||||
19 | means such as serving as
an officer or director, | ||||||
20 | through a management agreement or as a principal
member | ||||||
21 | of a not-for-profit organization;
| ||||||
22 | (C) had a representative serving by virtue or his | ||||||
23 | or her official
position as a representative of such | ||||||
24 | provider on the board of any entity
which exercised | ||||||
25 | control over the organization;
| ||||||
26 | (D) received provider payments made by such |
| |||||||
| |||||||
1 | organization pursuant to a
contract which was not a | ||||||
2 | product of arms-length bargaining; or
| ||||||
3 | (E) received distributions other than for | ||||||
4 | physician services from a
not-for-profit organization | ||||||
5 | on account of such provider's status as a
member of | ||||||
6 | such organization.
| ||||||
7 | For purposes of this subparagraph (i), the terms | ||||||
8 | "affiliate," "person,"
"control" and "securityholder" | ||||||
9 | shall have the meanings ascribed to such
terms in Section | ||||||
10 | 131.1 of the Illinois Insurance Code; or
| ||||||
11 | (ii) if and to the extent such a provider has agreed by | ||||||
12 | contract not
to seek payment from the enrollee for services | ||||||
13 | provided to such enrollee
or if, and to the extent, as a | ||||||
14 | matter of law such provider may not seek
payment from the | ||||||
15 | enrollee for services provided to such enrollee.
| ||||||
16 | (c) In no event shall the Association be required to pay | ||||||
17 | any provider
participating in the insolvent organization
any | ||||||
18 | amount for in-plan services rendered by such provider prior to | ||||||
19 | the
insolvency of the organization in excess of (1) the amount
| ||||||
20 | provided by a capitation contract between a physician provider | ||||||
21 | and the
insolvent organization for such services; or (2) the
| ||||||
22 | amounts provided by contract between a hospital provider and | ||||||
23 | the Department of Healthcare and Family Services (formerly
| ||||||
24 | Department of
Public Aid ) for similar services to recipients of | ||||||
25 | public aid; or (3) in the
event neither (1) nor (2) above is | ||||||
26 | applicable, then the amounts paid under
the Medicare area |
| |||||||
| |||||||
1 | prevailing rate for the area where the services were
provided, | ||||||
2 | or if no such rate exists with respect to such services, then | ||||||
3 | 80%
of the usual and customary rates established by the Health | ||||||
4 | Insurance
Association of America. The payments required to be | ||||||
5 | made by the Association
under this Section shall constitute | ||||||
6 | full and complete payment for such
provider services to the | ||||||
7 | enrollee.
| ||||||
8 | (d) The Association shall not be required to pay more than | ||||||
9 | an
aggregate of $300,000 for any organization which is declared | ||||||
10 | to be
insolvent prior to July 1, 1987, and such funds shall be | ||||||
11 | distributed first
to enrollees who are not public aid | ||||||
12 | recipients pursuant to a plan
recommended by the Association | ||||||
13 | and approved by the Director and the court
having jurisdiction | ||||||
14 | over the liquidation.
| ||||||
15 | (9) The Association may:
| ||||||
16 | (a) Enter into such contracts as are necessary or | ||||||
17 | proper to carry
out the provisions and purposes of this | ||||||
18 | Article.
| ||||||
19 | (b) Sue or be sued, including taking any legal actions | ||||||
20 | necessary or
proper for recovery of any unpaid assessments | ||||||
21 | under Section 6-9. The
Association shall not be liable for | ||||||
22 | punitive or exemplary damages.
| ||||||
23 | (c) Borrow money to effect the purposes of this | ||||||
24 | Article. Any notes
or other evidence of indebtedness of the | ||||||
25 | Association not in default are
legal investments for | ||||||
26 | domestic organizations and may be carried as admitted
|
| |||||||
| |||||||
1 | assets.
| ||||||
2 | (d) Employ or retain such persons as are necessary to | ||||||
3 | handle the
financial transactions of the Association, and | ||||||
4 | to perform such other
functions as become necessary or | ||||||
5 | proper under this Article.
| ||||||
6 | (e) Negotiate and contract with any liquidator, | ||||||
7 | rehabilitator,
conservator, or ancillary receiver to carry | ||||||
8 | out the powers and duties of
the Association.
| ||||||
9 | (f) Take such legal action as may be necessary to avoid | ||||||
10 | payment of
improper claims.
| ||||||
11 | (g) Exercise, for the purposes of this Article and to | ||||||
12 | the extent
approved by the Director, the powers of a | ||||||
13 | domestic
organization, but in no case may the Association | ||||||
14 | issue evidence of coverage
other than that issued to | ||||||
15 | perform the contractual
obligations of the impaired or | ||||||
16 | insolvent organization.
| ||||||
17 | (h) Exercise all the rights of the Director under | ||||||
18 | Section 193(4) of
the Illinois Insurance Code with respect | ||||||
19 | to covered health care plan
certificates after the | ||||||
20 | association becomes obligated by statute.
| ||||||
21 | (10) The obligations of the Association under this Article | ||||||
22 | shall not
relieve any reinsurer, insurer or other person of its | ||||||
23 | obligations to the
insolvent organization (or its conservator, | ||||||
24 | rehabilitator, liquidator or
similar official) or its | ||||||
25 | enrollees, including without limitation any
reinsurer, insurer | ||||||
26 | or other person liable to the insolvent insurer (or its
|
| |||||||
| |||||||
1 | conservator, rehabilitator, liquidator or similar official) or | ||||||
2 | its
enrollees under any contract of reinsurance, any contract | ||||||
3 | providing stop
loss coverage or similar coverage or any health | ||||||
4 | care contract. With
respect to covered health care plan | ||||||
5 | certificates for which the
Association becomes obligated after | ||||||
6 | an entry of an order of liquidation
or rehabilitation, the | ||||||
7 | Association may elect to succeed to the rights of
the insolvent | ||||||
8 | organization arising after the date of the order of
liquidation | ||||||
9 | or rehabilitation under any contract of reinsurance, any
| ||||||
10 | contract providing stop loss coverage or similar coverages or | ||||||
11 | any health
care service contract to which the insolvent | ||||||
12 | organization was a party, on
the terms set forth under such | ||||||
13 | contract, to the extent that such contract
provides coverage | ||||||
14 | for health care services provided after the date of the
order | ||||||
15 | of liquidation or rehabilitation. As a condition to making this
| ||||||
16 | election, the Association must pay premiums for coverage | ||||||
17 | relating to
periods after the date of the order of liquidation | ||||||
18 | or rehabilitation.
| ||||||
19 | (11) The Association shall be entitled to collect premiums | ||||||
20 | due under or with
respect to covered health care certificates | ||||||
21 | for a period from the date on which
the domestic, foreign, or | ||||||
22 | alien organization became an insolvent organization
until the | ||||||
23 | Association no longer has obligations under subsection (2) of
| ||||||
24 | this Section with respect to such certificates. The | ||||||
25 | Association's
obligations under subsection (2) of this Section | ||||||
26 | with respect to
any covered health care plan certificates shall |
| |||||||
| |||||||
1 | terminate in the event that
all such premiums due under or with | ||||||
2 | respect to such covered health care plan
certificates are not | ||||||
3 | paid to the Association (i) within 30 days of the
Association's | ||||||
4 | demand therefor, or (ii) in the event that such certificates
| ||||||
5 | provide for a longer grace period for payment of premiums after | ||||||
6 | notice of
non-payment or demand therefor, within the lesser of | ||||||
7 | (A) the period provided
for in such certificates or (B) 60 | ||||||
8 | days.
| ||||||
9 | (Source: P.A. 90-655, eff. 7-30-98; revised 12-15-05.)
| ||||||
10 | Section 675. The Voluntary Health Services Plans Act is | ||||||
11 | amended by changing Sections 2, 10, 15a, and 25 as follows:
| ||||||
12 | (215 ILCS 165/2) (from Ch. 32, par. 596)
| ||||||
13 | Sec. 2. For the purposes of this Act, the following terms | ||||||
14 | have the respective
meanings set forth in this section, unless | ||||||
15 | different meanings are plainly
indicated by the context:
| ||||||
16 | (a) "Health Services Plan Corporation" means a corporation | ||||||
17 | organized under
the terms of this Act for the purpose of | ||||||
18 | establishing and operating a voluntary
health services plan and | ||||||
19 | providing other medically related services.
| ||||||
20 | (b) "Voluntary health services plan" means either a plan or | ||||||
21 | system under which
medical, hospital, nursing and relating | ||||||
22 | health services may
be rendered to a subscriber or beneficiary | ||||||
23 | at the expense of a health
services plan corporation, or any | ||||||
24 | contractual arrangement to provide,
either directly or through |
| |||||||
| |||||||
1 | arrangements with others, dental care services
to subscribers | ||||||
2 | and beneficiaries.
| ||||||
3 | (c) "Subscriber" means a natural person to whom a | ||||||
4 | subscription certificate
has been issued by a health services | ||||||
5 | plan corporation. Persons eligible
under Section 5-2 of the | ||||||
6 | Illinois Public Aid Code may be subscribers if
a written | ||||||
7 | agreement exists, as specified in Section 25 of this Act, | ||||||
8 | between
the Health Services Plan Corporation and the Department | ||||||
9 | of Healthcare and Family Services
Public Aid .
A subscription | ||||||
10 | certificate may be issued to such persons at no cost.
| ||||||
11 | (d) "Beneficiary" means a person designated in a | ||||||
12 | subscription certificate
as one entitled to receive health | ||||||
13 | services.
| ||||||
14 | (e) "Health services" means those services ordinarily | ||||||
15 | rendered by physicians
licensed in Illinois to practice | ||||||
16 | medicine in all of its branches, by podiatrists
licensed in | ||||||
17 | Illinois to practice podiatric medicine, by dentists and dental
| ||||||
18 | surgeons licensed to practice in Illinois, by nurses registered | ||||||
19 | in Illinois,
by dental hygienists licensed to practice in | ||||||
20 | Illinois, and by assistants
and technicians acting under | ||||||
21 | professional supervision; it likewise means
hospital services | ||||||
22 | as usually and customarily rendered in Illinois, and the
| ||||||
23 | compounding and dispensing of drugs and medicines by | ||||||
24 | pharmacists and assistant
pharmacists registered in Illinois.
| ||||||
25 | (f) "Subscription certificate" means a certificate issued | ||||||
26 | to a subscriber
by a health services plan corporation, setting |
| |||||||
| |||||||
1 | forth the terms and conditions
upon which health services shall | ||||||
2 | be rendered to a subscriber or a beneficiary.
| ||||||
3 | (g) "Physician rendering service for a plan" means a | ||||||
4 | physician licensed
in Illinois to practice medicine in all of | ||||||
5 | its branches who has undertaken
or agreed, upon terms and | ||||||
6 | conditions acceptable both to himself and to the
health | ||||||
7 | services plan corporation involved, to furnish medical service | ||||||
8 | to
the plan's subscribers and beneficiaries.
| ||||||
9 | (h) "Dentist or dental surgeon rendering service for a | ||||||
10 | plan" means a dentist
or dental surgeon licensed in Illinois to | ||||||
11 | practice dentistry or dental surgery
who has undertaken or | ||||||
12 | agreed, upon terms and conditions acceptable both
to himself | ||||||
13 | and to the health services plan corporation involved, to | ||||||
14 | furnish
dental or dental surgical services to the plan's | ||||||
15 | subscribers and beneficiaries.
| ||||||
16 | (i) "Director" means the Director of Insurance of the State | ||||||
17 | of Illinois.
| ||||||
18 | (j) "Person" means any of the following: a natural person, | ||||||
19 | corporation,
partnership or unincorporated association.
| ||||||
20 | (k) "Podiatrist or podiatric surgeon rendering service for | ||||||
21 | a plan" means
any podiatrist or podiatric surgeon licensed in | ||||||
22 | Illinois to practice podiatry,
who has undertaken or agreed, | ||||||
23 | upon terms and conditions acceptable both
to himself and to the | ||||||
24 | health services plan corporation involved, to furnish
| ||||||
25 | podiatric or podiatric surgical services to the plan's | ||||||
26 | subscribers and beneficiaries.
|
| |||||||
| |||||||
1 | (Source: P.A. 83-254; revised 12-15-05.)
| ||||||
2 | (215 ILCS 165/10) (from Ch. 32, par. 604)
| ||||||
3 | Sec. 10. Application of Insurance Code provisions. Health | ||||||
4 | services
plan corporations and all persons interested therein | ||||||
5 | or dealing therewith
shall be subject to the provisions of | ||||||
6 | Articles IIA and XII 1/2 and Sections
3.1, 133, 140, 143, 143c, | ||||||
7 | 149, 155.37, 354, 355.2, 356r, 356t, 356u, 356v,
356w, 356x, | ||||||
8 | 356y, 356z.1, 356z.2, 356z.4, 356z.5, 356z.6, 364.01, 367.2, | ||||||
9 | 368a, 401, 401.1,
402,
403, 403A, 408,
408.2, and 412, and | ||||||
10 | paragraphs (7) and (15) of Section 367 of the Illinois
| ||||||
11 | Insurance Code.
| ||||||
12 | (Source: P.A. 92-130, eff. 7-20-01; 92-440, eff. 8-17-01; | ||||||
13 | 92-651, eff. 7-11-02; 92-764, eff. 1-1-03; 93-102, eff. 1-1-04; | ||||||
14 | 93-529, eff. 8-14-03; 93-853, eff. 1-1-05; 93-1000, eff. | ||||||
15 | 1-1-05; revised 10-14-04.)
| ||||||
16 | (215 ILCS 165/15a) (from Ch. 32, par. 609a)
| ||||||
17 | Sec. 15a. Dependent Coverage Termination.
| ||||||
18 | (a) The attainment of a limiting age under a voluntary | ||||||
19 | health services
plan which provides that coverage of
a | ||||||
20 | dependent of a subscriber terminates upon attainment of the | ||||||
21 | limiting age
for dependent persons specified in the | ||||||
22 | subscription certificate does not
operate to terminate
the | ||||||
23 | coverage of a person who, because of a handicapped condition
| ||||||
24 | that occurred before attainment of the limiting age, is |
| |||||||
| |||||||
1 | incapable of
self-sustaining employment and is dependent on his | ||||||
2 | or her parents or other
care providers for lifetime care and | ||||||
3 | supervision.
| ||||||
4 | (b) For purposes of subsection (a), "dependent on other | ||||||
5 | care providers" is
defined as requiring a Community Integrated | ||||||
6 | Living Arrangement, group home,
supervised apartment, or other | ||||||
7 | residential services licensed or certified by
the Department of | ||||||
8 | Human Services (as successor to the Department of Mental
Health | ||||||
9 | and Developmental Disabilities), the Department
of Public | ||||||
10 | Health, or the Department of Healthcare and Family Services | ||||||
11 | (formerly Department of Public Aid ) .
| ||||||
12 | (c) The corporation may require, at reasonable intervals | ||||||
13 | from the date
of the first claim filed on behalf of the | ||||||
14 | disabled and dependent person or from
the date the corporation | ||||||
15 | receives notice of a covered person's disability and
| ||||||
16 | dependency, proof of the person's disability and dependency.
| ||||||
17 | (d) This amendatory Act of 1969 is applicable to | ||||||
18 | subscription
certificates
issued or renewed after October 27, | ||||||
19 | 1969.
| ||||||
20 | (Source: P.A. 88-309; 89-507, eff. 7-1-97; revised 12-15-05.)
| ||||||
21 | (215 ILCS 165/25) (from Ch. 32, par. 619)
| ||||||
22 | Sec. 25. A health services plan corporation may receive and | ||||||
23 | accept
from governmental or private agencies or from other | ||||||
24 | persons as defined
in this Act, payments covering all or part | ||||||
25 | of the cost of subscriptions
to provide health services for |
| |||||||
| |||||||
1 | needy and other individuals. However, all
contracts for health | ||||||
2 | services concerning persons other than recipients of
public aid | ||||||
3 | shall be between the corporation and the person to receive such
| ||||||
4 | services. No payments shall be made by the Department of | ||||||
5 | Healthcare and Family Services
Public Aid to
any Health | ||||||
6 | Services Plan Corporation except where the payment is made for
| ||||||
7 | a covered service included in the Medical Assistance Program at | ||||||
8 | the rate
established by the Department of Healthcare and Family | ||||||
9 | Services
Public Aid , and where the service was rendered
to a | ||||||
10 | public aid recipient, and where there was in full force and | ||||||
11 | effect,
at the time the service was rendered, a written | ||||||
12 | agreement governing such
provision of services between such | ||||||
13 | Health Services Plan Corporation
and the Department.
| ||||||
14 | (Source: P.A. 81-1203; revised 12-15-05.)
| ||||||
15 | Section 680. The Public Utilities Act is amended by | ||||||
16 | changing Sections 5-109, 8-206, 13-301.1, and 16-111 as | ||||||
17 | follows:
| ||||||
18 | (220 ILCS 5/5-109) (from Ch. 111 2/3, par. 5-109)
| ||||||
19 | Sec. 5-109. Reports; false reports; penalty. Each public | ||||||
20 | utility in the
State, other than a commercial
mobile radio | ||||||
21 | service provider, shall each year furnish to
the Commission, in | ||||||
22 | such form as the Commission shall require, annual
reports as to | ||||||
23 | all the items mentioned in the preceding Sections of this
| ||||||
24 | Article, and in addition such other items, whether of a nature |
| |||||||
| |||||||
1 | similar
to those therein enumerated or otherwise, as the | ||||||
2 | Commission may
prescribe. Such annual reports shall contain all | ||||||
3 | the required information
for the period of 12 months ending on
| ||||||
4 | June 30 in each year, or ending on December 31 in
each year, as | ||||||
5 | the Commission may by order prescribe for each class of
public | ||||||
6 | utilities, except commercial mobile radio service providers,
| ||||||
7 | and shall be filed with the Commission at its office in | ||||||
8 | Springfield
within 3 months after the close of the year for | ||||||
9 | which
the report is made. The Commission shall have authority | ||||||
10 | to require any
public utility to file monthly reports of | ||||||
11 | earnings and expenses of such
utility, and to file other | ||||||
12 | periodical or special, or both periodical and
special reports | ||||||
13 | concerning any matter about which the Commission is
authorized | ||||||
14 | by law to keep itself informed. All reports shall be under | ||||||
15 | oath.
| ||||||
16 | When any report is erroneous or defective or appears to the | ||||||
17 | Commission
to be erroneous or defective, the Commission may | ||||||
18 | notify the public
utility to amend such report within 30 days, | ||||||
19 | and before
or after the termination of such period the | ||||||
20 | Commission may examine the
officers, agents, or employees, and | ||||||
21 | books, records, accounts, vouchers,
plant, equipment and | ||||||
22 | property of such public utility, and correct such
items in the | ||||||
23 | report as upon such examination the Commission may find
| ||||||
24 | defective or erroneous.
| ||||||
25 | All reports made to the Commission by any public utility | ||||||
26 | and the contents
thereof shall be open to public inspection, |
| |||||||
| |||||||
1 | unless otherwise ordered by the
Commission. Such reports shall | ||||||
2 | be preserved in the office of the Commission.
| ||||||
3 | Any public utility which fails to make and file any report | ||||||
4 | called for by
the Commission within the time specified; or to | ||||||
5 | make specific answer to any
question propounded by the | ||||||
6 | Commission within 30 days from the
time it is lawfully required | ||||||
7 | to do so, or within such further time, not
to exceed 90 days, | ||||||
8 | as may in its discretion be allowed by the
Commission, shall | ||||||
9 | forfeit up to $100 for each and every day it may so be in
| ||||||
10 | default if the utility collects less than $100,000 annually in | ||||||
11 | gross revenue;
and if the utility collects $100,000 or more | ||||||
12 | annually in gross revenue,
it shall forfeit $1,000 per day for | ||||||
13 | each and every day it is in default.
| ||||||
14 | Any person who willfully makes any false return or report | ||||||
15 | to the
Commission or to any member, officer, or employee | ||||||
16 | thereof,
any
person who willfully, in a
return or report, | ||||||
17 | withholds or fails to provide material information to which
the | ||||||
18 | Commission
is entitled under this Act and which information is | ||||||
19 | either required to be filed
by statute, rule, regulation, | ||||||
20 | order, or decision of the Commission or has been
requested by | ||||||
21 | the Commission,
and any
person who willfully aids or abets such | ||||||
22 | person shall be guilty of a Class A
misdemeanor.
| ||||||
23 | (Source: P.A. 93-132, eff. 7-10-03; 93-457, eff. 8-8-03; | ||||||
24 | revised 9-12-03.)
| ||||||
25 | (220 ILCS 5/8-206) (from Ch. 111 2/3, par. 8-206)
|
| |||||||
| |||||||
1 | Sec. 8-206. Winter termination for nonpayment.
| ||||||
2 | (a) Notwithstanding any other provision of this Act, no
| ||||||
3 | electric or gas public utility shall disconnect service to any | ||||||
4 | residential
customer or mastermetered apartment building for | ||||||
5 | nonpayment of a bill or
deposit where gas or electricity is | ||||||
6 | used as the primary source of space
heating or is used to | ||||||
7 | control or operate the primary source of space heating
| ||||||
8 | equipment at the premises during the period of time from | ||||||
9 | December 1 through
and including March 31 of the immediately | ||||||
10 | succeeding calendar year, unless:
| ||||||
11 | (1) The utility (i) has offered the customer a deferred | ||||||
12 | payment arrangement
allowing for payment of past due amounts | ||||||
13 | over a period of not less than
4 months not to extend beyond | ||||||
14 | the following November and the option to enter
into a levelized | ||||||
15 | payment plan for the payment of future bills. The maximum
down | ||||||
16 | payment requirements shall not exceed 10% of the amount past | ||||||
17 | due and
owing at the time of entering into the agreement; and | ||||||
18 | (ii) has provided
the customer with the names, addresses and | ||||||
19 | telephone numbers of governmental
and private agencies which | ||||||
20 | may provide assistance to customers of public
utilities in | ||||||
21 | paying their utility bills; the utility shall obtain the | ||||||
22 | approval
of an agency before placing the name of that agency on | ||||||
23 | any list which will
be used to provide such information to | ||||||
24 | customers;
| ||||||
25 | (2) The customer has refused or failed to enter into a | ||||||
26 | deferred payment
arrangement as described in paragraph (1) of |
| |||||||
| |||||||
1 | this subsection (a); and
| ||||||
2 | (3) All notice requirements as provided by law and rules or | ||||||
3 | regulations
of the Commission have been met.
| ||||||
4 | (b) Prior to termination of service for any residential | ||||||
5 | customer or
mastermetered apartment building during the period | ||||||
6 | from December 1 through
and including March 31 of the | ||||||
7 | immediately succeeding calendar year, all
electric and gas | ||||||
8 | public utilities shall, in addition to all other notices:
| ||||||
9 | (1) Notify the customer or an adult residing at the | ||||||
10 | customer's premises by
telephone, a personal visit to the | ||||||
11 | customer's premises or by first class
mail, informing the | ||||||
12 | customer that:
| ||||||
13 | (i) the customer's account is in arrears and the customer's | ||||||
14 | service is
subject to termination for nonpayment of a bill;
| ||||||
15 | (ii) the customer can avoid disconnection of service by | ||||||
16 | entering into
a deferred payment agreement to pay past due | ||||||
17 | amounts over a period not to
extend beyond the following | ||||||
18 | November and the customer has the option to
enter into a | ||||||
19 | levelized payment plan for the payment of future bills;
| ||||||
20 | (iii) the customer may apply for any available assistance | ||||||
21 | to aid in the
payment of utility bills from any governmental or | ||||||
22 | private agencies from
the list of such agencies provided to the | ||||||
23 | customer by the utility.
| ||||||
24 | Provided, however, that a public utility shall be required | ||||||
25 | to make only
one such contact with the customer during any such | ||||||
26 | period from December
1 through and including March 31 of the |
| |||||||
| |||||||
1 | immediately succeeding calendar year.
| ||||||
2 | (2) Each public utility shall maintain records which shall | ||||||
3 | include, but
not necessarily be limited to, the manner by which | ||||||
4 | the customer was notified
and the time, date and manner by | ||||||
5 | which any prior but unsuccessful attempts
to contact were made. | ||||||
6 | These records shall also describe the terms of the
deferred | ||||||
7 | payment arrangements offered to the customer and those entered
| ||||||
8 | into by the utility and customers. These records shall indicate | ||||||
9 | the total
amount past due, the down payment, the amount | ||||||
10 | remaining to be paid and the
number of months allowed to pay | ||||||
11 | the outstanding balance. No public utility
shall be required to | ||||||
12 | retain records pertaining to unsuccessful attempts to
contact | ||||||
13 | or deferred payment arrangements rejected by the customer after | ||||||
14 | such
customer has entered into a deferred payment arrangement | ||||||
15 | with such utility.
| ||||||
16 | (c) No public utility shall disconnect service for | ||||||
17 | nonpayment of a bill
until the lapse of 6 business days after | ||||||
18 | making the notification required by
paragraph (1) of subsection | ||||||
19 | (b) so as to allow the customer an opportunity to:
| ||||||
20 | (1) Enter into a deferred payment arrangement and the | ||||||
21 | option to enter
into a levelized payment plan for the payment | ||||||
22 | of future bills.
| ||||||
23 | (2) Contact a governmental or private agency that may | ||||||
24 | provide assistance
to customers for the payment of public | ||||||
25 | utility bills.
| ||||||
26 | (d) Any residential customer who enters into a deferred |
| |||||||
| |||||||
1 | payment arrangement
pursuant to this Act, and subsequently | ||||||
2 | during that period of time set forth
in subsection (a) becomes | ||||||
3 | subject to termination, shall be given notice
as required by | ||||||
4 | law and any rule or regulation of the Commission prior to
| ||||||
5 | termination of service.
| ||||||
6 | (e) During that time period set forth in subsection (a), a | ||||||
7 | utility shall
not require a down payment for a deposit from a | ||||||
8 | residential customer in
excess of 20% of the total deposit | ||||||
9 | requested. An additional 4 months shall
be allowed to pay the | ||||||
10 | remainder of the deposit. This provision shall not
apply to | ||||||
11 | mastermetered apartment buildings or other nonresidential | ||||||
12 | customers.
| ||||||
13 | (f) During that period of time set forth in subsection (a), | ||||||
14 | no utility
may refuse to offer a deferred payment agreement to | ||||||
15 | a residential customer
who has defaulted on such an agreement | ||||||
16 | within the past 12 months. However,
no utility shall be | ||||||
17 | required to enter into more than one deferred payment
| ||||||
18 | arrangement under this Section with any residential customer or
| ||||||
19 | mastermetered apartment building during the period from | ||||||
20 | December 1 through
and including March 31 of the immediately | ||||||
21 | succeeding calendar year.
| ||||||
22 | (g) In order to enable customers to take advantage of | ||||||
23 | energy assistance
programs, customers who can demonstrate that | ||||||
24 | their applications for a local,
state or federal energy | ||||||
25 | assistance program have been approved may request
that the | ||||||
26 | amount they will be entitled to receive as a regular energy |
| |||||||
| |||||||
1 | assistance
payment be deducted and set aside from the amount | ||||||
2 | past due on which they
make deferred payment arrangements. | ||||||
3 | Payment on the set-aside amount shall
be credited when the | ||||||
4 | energy assistance voucher or check is received, according
to | ||||||
5 | the utility's common business practice.
| ||||||
6 | (h) In no event shall any utility send a final notice to | ||||||
7 | any customer
who has entered into a current deferred payment | ||||||
8 | agreement and has not defaulted
on that deferred payment | ||||||
9 | agreement, unless the final notice pertains to
a deposit | ||||||
10 | request.
| ||||||
11 | (i) Each utility shall include with each disconnection | ||||||
12 | notice sent during
the period for December 1 through and | ||||||
13 | including March 31 of the immediately
succeeding calendar year | ||||||
14 | to a residential customer an insert explaining the
above | ||||||
15 | provisions and providing a telephone number of the utility | ||||||
16 | company
which the consumer may call to receive further | ||||||
17 | information.
| ||||||
18 | (j) Each utility shall file with the Commission prior to | ||||||
19 | December 1 of
each year a plan detailing the implementation of | ||||||
20 | this Section. This plan
shall contain, but not be limited to:
| ||||||
21 | (1) a description of the methods to be used to notify | ||||||
22 | residential customers
as required in this Section, including | ||||||
23 | the forms of written and oral notices
which shall be required | ||||||
24 | to include all the information contained in subsection
(b) of | ||||||
25 | this Section.
| ||||||
26 | (2) a listing of the names, addresses and telephone numbers |
| |||||||
| |||||||
1 | of governmental
and private agencies which may provide | ||||||
2 | assistance to residential customers
in paying their utility | ||||||
3 | bills;
| ||||||
4 | (3) the program of employee education and information which | ||||||
5 | shall be used
by the company in the implementation of this | ||||||
6 | Section.
| ||||||
7 | (4) a description of methods to be utilized to inform | ||||||
8 | residential customers
of those governmental and private | ||||||
9 | agencies and current and planned methods
of cooperation with | ||||||
10 | those agencies to identify the customers who qualify
for | ||||||
11 | assistance in paying their utility bills.
| ||||||
12 | A utility which has a plan on file with the Commission need | ||||||
13 | not resubmit
a new plan each year. However, any alteration of | ||||||
14 | the plan on file must
be submitted and approved prior to | ||||||
15 | December 1 of any year.
| ||||||
16 | All plans are subject to review and approval by the | ||||||
17 | Commission. The
Commission may direct a utility to alter its | ||||||
18 | plan to comply with the
requirements of this Section.
| ||||||
19 | (k) Notwithstanding any other provision of this Act, no
| ||||||
20 | electric or gas public utility shall disconnect service to any | ||||||
21 | residential
customer who is a participant under Section 6 of | ||||||
22 | the Energy
Assistance Act of 1989 for nonpayment of a bill or
| ||||||
23 | deposit where gas or electricity is used as the primary source | ||||||
24 | of space
heating or is used to control or operate the primary | ||||||
25 | source of space heating
equipment at the premises during the | ||||||
26 | period of time from December 1 through
and including March 31 |
| |||||||
| |||||||
1 | of the immediately succeeding calendar year.
| ||||||
2 | (Source: P.A. 93-289, eff. 7-22-03; revised 9-20-06.)
| ||||||
3 | (220 ILCS 5/13-301.1) (from Ch. 111 2/3, par. 13-301.1)
| ||||||
4 | (Section scheduled to be repealed on July 1, 2007)
| ||||||
5 | Sec. 13-301.1. Universal Telephone Service Assistance | ||||||
6 | Program.
| ||||||
7 | (a) The Commission shall by rule or regulation establish a | ||||||
8 | Universal
Telephone Service Assistance Program for low income | ||||||
9 | residential customers.
The program shall provide for a | ||||||
10 | reduction of access line charges, a
reduction of connection | ||||||
11 | charges, or any other alternative to increase
accessibility to | ||||||
12 | telephone service that the Commission deems advisable
subject | ||||||
13 | to the availability of funds for the program as provided in
| ||||||
14 | subsection (d). The Commission shall establish eligibility
| ||||||
15 | requirements
for benefits under the program.
| ||||||
16 | (b) The Commission shall adopt rules providing for enhanced | ||||||
17 | enrollment for
eligible consumers to receive lifeline service. | ||||||
18 | Enhanced enrollment may
include, but is not limited to, joint | ||||||
19 | marketing, joint application, or joint
processing with the | ||||||
20 | Low-Income Home Energy Assistance Program, the Medicaid
| ||||||
21 | Program, and the Food Stamp Program. The Department of Human | ||||||
22 | Services, the
Department of Healthcare and Family Services
| ||||||
23 | Public Aid , and the Department of Commerce and Economic | ||||||
24 | Opportunity,
upon request of the Commission, shall assist in | ||||||
25 | the adoption and implementation
of those rules. The Commission |
| |||||||
| |||||||
1 | and the Department of Human Services, the
Department of | ||||||
2 | Healthcare and Family Services
Public Aid , and the Department | ||||||
3 | of Commerce and Economic Opportunity
may enter into memoranda | ||||||
4 | of understanding establishing the respective duties of
the | ||||||
5 | Commission and the Departments in relation to enhanced | ||||||
6 | enrollment.
| ||||||
7 | (c) In this Section, "lifeline service" means a retail | ||||||
8 | local service
offering described by 47 C.F.R. Section | ||||||
9 | 54.401(a), as amended.
| ||||||
10 | (d) The Commission shall require by rule or regulation that | ||||||
11 | each
telecommunications carrier providing local exchange | ||||||
12 | telecommunications
services notify its customers that if the | ||||||
13 | customer wishes to participate in
the funding of the Universal | ||||||
14 | Telephone Service Assistance Program he may do
so by electing | ||||||
15 | to contribute, on a monthly basis, a fixed amount that will
be | ||||||
16 | included in the customer's monthly bill. The customer may cease
| ||||||
17 | contributing at any time upon providing notice to the | ||||||
18 | telecommunications
carrier providing local exchange | ||||||
19 | telecommunications services. The notice
shall state that any | ||||||
20 | contribution made will not reduce the customer's bill
for | ||||||
21 | telecommunications services. Failure to remit the amount of | ||||||
22 | increased
payment will reduce the contribution accordingly. | ||||||
23 | The Commission shall
specify the monthly fixed amount or | ||||||
24 | amounts that customers wishing to
contribute to the funding of | ||||||
25 | the Universal Telephone Service Assistance
Program may choose | ||||||
26 | from in making their contributions. Every
telecommunications |
| |||||||
| |||||||
1 | carrier providing local exchange telecommunications
services | ||||||
2 | shall remit the amounts contributed in accordance with the | ||||||
3 | terms
of the Universal Telephone Service Assistance Program.
| ||||||
4 | (Source: P.A. 94-793, eff. 5-19-06; revised 8-24-06.)
| ||||||
5 | (220 ILCS 5/16-111)
| ||||||
6 | Sec. 16-111. Rates and restructuring transactions during
| ||||||
7 | mandatory transition period.
| ||||||
8 | (a) During the mandatory transition period,
| ||||||
9 | notwithstanding any provision of Article IX of this Act, and
| ||||||
10 | except as provided in subsections (b), (d), (e), and (f)
of | ||||||
11 | this Section, the Commission shall not (i) initiate,
authorize | ||||||
12 | or order any change by way of increase (other than in | ||||||
13 | connection with
a request for rate increase which was filed | ||||||
14 | after September 1, 1997 but prior
to October 15, 1997, by an | ||||||
15 | electric utility serving less than 12,500 customers
in this | ||||||
16 | State), (ii)
initiate or, unless requested by the electric | ||||||
17 | utility,
authorize or order any change by way of decrease,
| ||||||
18 | restructuring or unbundling (except as provided in Section | ||||||
19 | 16-109A), in the
rates of any electric
utility that were in | ||||||
20 | effect on October 1, 1996, or (iii) in any order approving
any | ||||||
21 | application for a merger pursuant to Section 7-204 that was | ||||||
22 | pending as of
May 16, 1997, impose any condition requiring any | ||||||
23 | filing for an increase,
decrease, or change in, or other review | ||||||
24 | of, an electric utility's rates or
enforce any such condition | ||||||
25 | of any such order;
provided,
however, that this subsection |
| |||||||
| |||||||
1 | shall not prohibit the
Commission from:
| ||||||
2 | (1) approving the application of an electric utility
to | ||||||
3 | implement an alternative to rate of return regulation
or a | ||||||
4 | regulatory mechanism that rewards or penalizes the
| ||||||
5 | electric utility through adjustment of rates based on
| ||||||
6 | utility performance, pursuant to Section 9-244;
| ||||||
7 | (2) authorizing an electric utility to eliminate its
| ||||||
8 | fuel adjustment clause and adjust its base rate tariffs
in | ||||||
9 | accordance with subsection (b), (d), or (f) of Section
| ||||||
10 | 9-220 of this Act, to fix its fuel adjustment factor in
| ||||||
11 | accordance with subsection (c) of Section 9-220 of this
| ||||||
12 | Act, or to eliminate its fuel adjustment clause in | ||||||
13 | accordance with subsection
(e) of Section 9-220 of this | ||||||
14 | Act;
| ||||||
15 | (3) ordering into effect tariffs for delivery
services | ||||||
16 | and transition charges in accordance with
Sections 16-104 | ||||||
17 | and 16-108, for real-time pricing in
accordance with | ||||||
18 | Section 16-107, or the options required
by Section 16-110 | ||||||
19 | and subsection (n) of 16-112,
allowing a billing experiment | ||||||
20 | in accordance with
Section 16-106, or modifying delivery | ||||||
21 | services tariffs in accordance with
Section 16-109; or
| ||||||
22 | (4) ordering or allowing into effect any tariff to
| ||||||
23 | recover charges pursuant to Sections 9-201.5, 9-220.1,
| ||||||
24 | 9-221, 9-222 (except as provided in Section 9-222.1), | ||||||
25 | 16-108, and 16-114 of
this
Act, Section 5-5 of the | ||||||
26 | Electricity Infrastructure Maintenance Fee Law, Section
|
| |||||||
| |||||||
1 | 6-5 of the Renewable Energy, Energy Efficiency, and Coal | ||||||
2 | Resources Development
Law of 1997, and Section 13 of the | ||||||
3 | Energy Assistance Act.
| ||||||
4 | After December 31, 2004, the provisions of this subsection | ||||||
5 | (a) shall not
apply to an electric utility whose average | ||||||
6 | residential retail rate was less
than or equal to 90% of the | ||||||
7 | average residential retail rate for the "Midwest
Utilities", as | ||||||
8 | that term is defined in subsection (b) of this Section, based | ||||||
9 | on
data reported on Form 1 to the Federal Energy Regulatory | ||||||
10 | Commission for
calendar year 1995, and which served between | ||||||
11 | 150,000 and 250,000 retail
customers in this State on January | ||||||
12 | 1, 1995
unless the electric utility or its holding company has | ||||||
13 | been acquired by or
merged with an affiliate of another | ||||||
14 | electric utility subsequent to January 1,
2002. This exemption | ||||||
15 | shall be limited to
this subsection (a) and shall not extend to | ||||||
16 | any other provisions of this Act.
| ||||||
17 | (b) Notwithstanding the provisions of subsection (a), each | ||||||
18 | Illinois electric
utility serving more than 12,500 customers in | ||||||
19 | Illinois shall file tariffs (i)
reducing, effective August 1, | ||||||
20 | 1998, each component of its base rates to
residential retail
| ||||||
21 | customers by 15% from the base rates in effect immediately | ||||||
22 | prior to January 1,
1998 and (ii) if the public utility | ||||||
23 | provides electric service to (A) more
than
500,000
customers | ||||||
24 | but less than 1,000,000 customers in this State on January 1,
| ||||||
25 | 1999,
reducing, effective May 1, 2002, each component of its
| ||||||
26 | base rates to residential retail customers by an additional 5% |
| |||||||
| |||||||
1 | from the base
rates in effect immediately prior to January 1, | ||||||
2 | 1998, or (B) at least
1,000,000 customers in this State on | ||||||
3 | January 1, 1999,
reducing, effective October 1, 2001, each | ||||||
4 | component of its
base rates to residential retail customers by | ||||||
5 | an additional
5% from the base rates in effect immediately | ||||||
6 | prior to
January 1, 1998.
Provided, however, that (A) if an | ||||||
7 | electric utility's average residential
retail
rate is less than | ||||||
8 | or equal to the average residential retail
rate for a group
of | ||||||
9 | Midwest Utilities (consisting of all investor-owned electric | ||||||
10 | utilities with
annual system peaks in excess of 1000 megawatts | ||||||
11 | in the States of Illinois,
Indiana, Iowa, Kentucky, Michigan, | ||||||
12 | Missouri, Ohio, and Wisconsin), based on
data
reported on Form | ||||||
13 | 1 to the Federal Energy Regulatory Commission for calendar
year | ||||||
14 | 1995,
then it shall only be required to file tariffs (i) | ||||||
15 | reducing, effective August
1, 1998, each component of its base | ||||||
16 | rates to residential
retail customers by
5% from the base rates | ||||||
17 | in effect immediately prior to January 1, 1998, (ii)
reducing, | ||||||
18 | effective October 1, 2000, each component of its base
rates to | ||||||
19 | residential retail customers by the lesser of 5% of the base | ||||||
20 | rates in
effect immediately prior to January 1, 1998 or the
| ||||||
21 | percentage by which the electric utility's average residential | ||||||
22 | retail rate
exceeds the average residential retail rate of the | ||||||
23 | Midwest Utilities,
based on data
reported on Form 1 to the | ||||||
24 | Federal Energy Regulatory Commission for calendar
year 1999, | ||||||
25 | and (iii) reducing, effective October 1, 2002, each component | ||||||
26 | of its
base rates to
residential retail customers by an
|
| |||||||
| |||||||
1 | additional amount equal to the lesser of 5% of the base rates | ||||||
2 | in effect
immediately prior to January 1, 1998 or the | ||||||
3 | percentage by which
the electric utility's average residential | ||||||
4 | retail rate exceeds the average
residential retail rate of the | ||||||
5 | Midwest Utilities,
based on data reported on Form
1 to the | ||||||
6 | Federal Energy Regulatory Commission for calendar year 2001; | ||||||
7 | and (B)
if the average residential retail rate of an electric | ||||||
8 | utility serving between
150,000
and 250,000 retail customers in | ||||||
9 | this State on January 1, 1995 is less than or
equal to 90% of
| ||||||
10 | the average residential retail rate for the Midwest Utilities, | ||||||
11 | based on data
reported
on Form 1 to the Federal Energy | ||||||
12 | Regulatory Commission for calendar year 1995,
then it shall | ||||||
13 | only be required to file tariffs (i) reducing, effective August
| ||||||
14 | 1,
1998, each component of its base rates to residential retail | ||||||
15 | customers by 2%
from the base rates in effect immediately prior | ||||||
16 | to January 1, 1998; (ii)
reducing, effective October 1, 2000, | ||||||
17 | each component of its base rates to
residential retail | ||||||
18 | customers by 2% from the base rate in effect immediately
prior | ||||||
19 | to January 1, 1998; and (iii) reducing, effective October 1, | ||||||
20 | 2002, each
component of its base rates to residential retail | ||||||
21 | customers by 1% from the base
rates in effect immediately prior | ||||||
22 | to January 1, 1998.
Provided,
further, that any electric | ||||||
23 | utility for which a decrease in base rates has been
or is | ||||||
24 | placed into effect between October 1, 1996 and the dates | ||||||
25 | specified in the
preceding sentences of this subsection, other | ||||||
26 | than pursuant to the requirements
of this subsection,
shall be |
| |||||||
| |||||||
1 | entitled to reduce the amount of any reduction or reductions in | ||||||
2 | its
base rates required by this subsection by the amount of | ||||||
3 | such other decrease.
The tariffs required under this
subsection | ||||||
4 | shall be filed 45 days in advance of
the effective date.
| ||||||
5 | Notwithstanding anything to the contrary in Section 9-220 of | ||||||
6 | this Act, no
restatement of base rates in conjunction with the | ||||||
7 | elimination of a fuel
adjustment clause under that Section | ||||||
8 | shall result in a lesser decrease in base
rates than customers | ||||||
9 | would otherwise receive under this subsection had the
electric | ||||||
10 | utility's fuel adjustment clause not been eliminated.
| ||||||
11 | (c) Any utility reducing its base rates by 15% on August 1, | ||||||
12 | 1998 pursuant
to
subsection
(b)
shall include the following | ||||||
13 | statement on its bills for residential customers
from August 1 | ||||||
14 | through December 31, 1998: "Effective August 1, 1998, your | ||||||
15 | rates
have been
reduced by 15% by the Electric Service
Customer | ||||||
16 | Choice and Rate Relief Law of 1997 passed by the Illinois | ||||||
17 | General
Assembly.". Any utility reducing its base rates by 5% | ||||||
18 | on August 1, 1998,
pursuant to subsection (b) shall include the | ||||||
19 | following statement on its bills
for residential customers from | ||||||
20 | August 1 through December 31, 1998: "Effective
August 1,
1998, | ||||||
21 | your rates have been reduced by 5% by the Electric Service | ||||||
22 | Customer
Choice and Rate Relief Law of 1997 passed by the | ||||||
23 | Illinois General Assembly.".
| ||||||
24 | Any utility reducing its base rates by 2% on August 1, 1998 | ||||||
25 | pursuant to
subsection (b) shall include the following | ||||||
26 | statement on its bills for
residential customers from August 1 |
| |||||||
| |||||||
1 | through December 31, 1998: "Effective
August 1, 1998, your | ||||||
2 | rates have been reduced by 2% by the Electric Service
Customer | ||||||
3 | Choice and Rate Relief Law of 1997 passed by the Illinois | ||||||
4 | General
Assembly.".
| ||||||
5 | (d) During the mandatory transition period, but not before | ||||||
6 | January 1, 2000,
and notwithstanding
the provisions of | ||||||
7 | subsection (a), an electric
utility may request an increase in | ||||||
8 | its base rates if the
electric utility demonstrates that the | ||||||
9 | 2-year average of its
earned rate of return on common equity, | ||||||
10 | calculated as its net
income applicable to common stock divided | ||||||
11 | by the average of
its beginning and ending balances of common | ||||||
12 | equity using data
reported in the electric utility's Form 1 | ||||||
13 | report to the
Federal Energy Regulatory Commission but adjusted | ||||||
14 | to remove
the effects of accelerated depreciation or | ||||||
15 | amortization or
other transition or mitigation measures | ||||||
16 | implemented by the
electric utility pursuant to subsection (g) | ||||||
17 | of this Section
and the effect of any refund paid pursuant to | ||||||
18 | subsection (e)
of this Section, is
below the 2-year average for | ||||||
19 | the same 2 years of the monthly average yields of
30-year
U.S. | ||||||
20 | Treasury bonds published by the Board of Governors of the
| ||||||
21 | Federal Reserve System in its weekly H.15 Statistical Release | ||||||
22 | or
successor publication.
The Commission shall review the | ||||||
23 | electric utility's request, and may review the
justness and | ||||||
24 | reasonableness of all rates for tariffed services, in
| ||||||
25 | accordance with the provisions of Article IX of this Act, | ||||||
26 | provided that the
Commission shall consider any special or |
| |||||||
| |||||||
1 | negotiated adjustments to the
revenue requirement agreed to | ||||||
2 | between the electric utility and the other
parties to the | ||||||
3 | proceeding. In setting rates under this Section, the Commission
| ||||||
4 | shall exclude the costs and revenues that are associated with | ||||||
5 | competitive
services and any billing or pricing experiments | ||||||
6 | conducted under Section 16-106.
| ||||||
7 | (e) For the purposes of this subsection (e) all | ||||||
8 | calculations and
comparisons shall be performed for the | ||||||
9 | Illinois operations
of
multijurisdictional utilities. During | ||||||
10 | the mandatory transition period,
notwithstanding the | ||||||
11 | provisions
of subsection (a), if the 2-year
average of an | ||||||
12 | electric utility's earned rate of return on
common equity, | ||||||
13 | calculated as its net income applicable to
common stock divided | ||||||
14 | by the average of its beginning and
ending balances of common | ||||||
15 | equity using data reported in
the electric utility's Form 1 | ||||||
16 | report to the Federal
Energy Regulatory Commission but adjusted | ||||||
17 | to remove the
effect of any refund paid under this subsection | ||||||
18 | (e),
and further adjusted to include the annual amortization of | ||||||
19 | any difference
between the consideration received by an | ||||||
20 | affiliated interest of the electric
utility in the sale of an | ||||||
21 | asset which had been sold or transferred by the
electric | ||||||
22 | utility to the affiliated interest subsequent to the effective | ||||||
23 | date of
this
amendatory Act of 1997 and the consideration for | ||||||
24 | which such asset had been sold
or transferred to the affiliated | ||||||
25 | interest, with such difference to be amortized
ratably from the | ||||||
26 | date of the sale by the affiliated interest to December 31,
|
| |||||||
| |||||||
1 | 2006,
exceeds the 2-year average of the Index for the same 2
| ||||||
2 | years by 1.5 or more percentage points, the electric
utility | ||||||
3 | shall make refunds to customers beginning the
first billing day | ||||||
4 | of April in the following year in the
manner described in | ||||||
5 | paragraph (3) of this subsection.
For purposes of this | ||||||
6 | subsection (e),
the "Index" shall be the sum of (A) the average | ||||||
7 | for
the 12 months ended September 30
of the monthly average | ||||||
8 | yields of 30-year U.S. Treasury
bonds published by the Board of | ||||||
9 | Governors of the Federal
Reserve System in its weekly H.15 | ||||||
10 | Statistical Release or
successor publication for each year 1998 | ||||||
11 | through 2006, and (B) (i)
4.00
percentage points for
each of | ||||||
12 | the 12-month periods ending September 30, 1998 through
| ||||||
13 | September 30, 1999 or
8.00 percentage points if the electric | ||||||
14 | utility's average
residential retail rate is less than or equal | ||||||
15 | to 90% of the average residential
retail rate
for the "Midwest | ||||||
16 | Utilities", as that term is defined in subsection (b) of this
| ||||||
17 | Section, based on data reported on Form 1 to the Federal Energy | ||||||
18 | Regulatory
Commission for calendar year 1995, and the electric | ||||||
19 | utility served between
150,000 and 250,000 retail customers on | ||||||
20 | January 1, 1995,
(ii) 7.00
percentage points for each of the | ||||||
21 | 12-month periods ending September 30, 2000
through September | ||||||
22 | 30, 2006 if the electric utility was providing
service to
at | ||||||
23 | least 1,000,000 customers in this State on January 1, 1999,
or | ||||||
24 | 9.00 percentage points if the
electric
utility's
average | ||||||
25 | residential retail rate is less than or equal to 90% of the | ||||||
26 | average
residential retail rate for the "Midwest Utilities", as |
| |||||||
| |||||||
1 | that term is defined in
subsection (b) of this Section, based | ||||||
2 | on data reported on Form 1 to the Federal
Energy Regulatory | ||||||
3 | Commission for calendar year 1995 and the electric utility
| ||||||
4 | served between 150,000 and 250,000 retail customers in this | ||||||
5 | State on January
1, 1995, (iii) 11.00 percentage points for | ||||||
6 | each of the
12-month periods ending
September 30, 2000 through | ||||||
7 | September 30, 2006, but only if the
electric
utility's average | ||||||
8 | residential retail rate is less than or equal to 90% of the
| ||||||
9 | average residential retail rate for the "Midwest Utilities", as | ||||||
10 | that term is
defined in subsection (b) of this Section, based | ||||||
11 | on data reported on Form 1 to
the Federal Energy Regulatory | ||||||
12 | Commission for calendar year 1995, the electric
utility served | ||||||
13 | between 150,000 and 250,000 retail customers in this State on
| ||||||
14 | January 1, 1995, and the electric utility offers delivery | ||||||
15 | services on or before
June 1, 2000 to retail customers whose | ||||||
16 | annual electric energy use comprises 33%
of the kilowatt hour | ||||||
17 | sales to that group of retail
customers that are classified | ||||||
18 | under Division D, Groups 20 through 39 of the
Standard | ||||||
19 | Industrial Classifications set forth in the Standard | ||||||
20 | Industrial
Classification Manual published by the United | ||||||
21 | States Office of Management and
Budget, excluding the kilowatt | ||||||
22 | hour sales to those customers that are eligible
for delivery | ||||||
23 | services pursuant to Section 16-104(a)(1)(i), and offers | ||||||
24 | delivery
services to its remaining retail customers classified | ||||||
25 | under Division D, Groups
20 through 39 on or before October 1, | ||||||
26 | 2000, and, provided further, that the
electric
utility commits |
| |||||||
| |||||||
1 | not to petition pursuant to Section 16-108(f) for entry of an
| ||||||
2 | order by the Commission authorizing the electric utility to | ||||||
3 | implement
transition charges for an additional period after | ||||||
4 | December 31, 2006, or (iv)
5.00 percentage points for each of | ||||||
5 | the 12-month periods
ending September 30, 2000 through | ||||||
6 | September 30, 2006 for all other
electric
utilities or 7.00 | ||||||
7 | percentage points for such utilities for
each of the 12-month | ||||||
8 | periods ending September 30, 2000 through September 30,
2006 | ||||||
9 | for any such utility that commits not to petition pursuant to
| ||||||
10 | Section
16-108(f) for entry of an order by the Commission | ||||||
11 | authorizing the electric
utility to implement transition | ||||||
12 | charges for an additional period after December
31, 2006 or | ||||||
13 | 11.00 percentage points for each of the
12-month periods ending | ||||||
14 | September 30, 2005 and September 30, 2006 for each
electric | ||||||
15 | utility providing service to fewer than 6,500, or between | ||||||
16 | 75,000 and
150,000, electric
retail customers in this State
on | ||||||
17 | January 1, 1995 if such utility commits not to petition | ||||||
18 | pursuant to Section
16-108(f) for entry of an order by the | ||||||
19 | Commission authorizing the electric
utility to implement | ||||||
20 | transition charges for an additional period after December
31, | ||||||
21 | 2006.
| ||||||
22 | (1) For purposes of this subsection (e), "excess
| ||||||
23 | earnings" means the difference between (A) the 2-year
| ||||||
24 | average of the electric utility's earned rate of return
on | ||||||
25 | common equity, less (B) the 2-year average of the sum
of | ||||||
26 | (i) the Index applicable to each of the 2 years and
(ii) |
| |||||||
| |||||||
1 | 1.5 percentage points; provided, that "excess
earnings" | ||||||
2 | shall never be less than zero.
| ||||||
3 | (2) On or before March 31 of each year 2000 through | ||||||
4 | 2007 each
electric
utility shall
file a report with the | ||||||
5 | Commission showing its earned rate
of return on common | ||||||
6 | equity, calculated in accordance with
this subsection, for | ||||||
7 | the preceding calendar year and the
average for the | ||||||
8 | preceding 2 calendar years.
| ||||||
9 | (3) If an electric utility has excess earnings,
| ||||||
10 | determined in accordance with paragraphs (1) and (2) of
| ||||||
11 | this subsection, the refunds which the electric utility
| ||||||
12 | shall pay to its customers beginning the first billing
day | ||||||
13 | of April in the following year shall be calculated
and | ||||||
14 | applied as follows:
| ||||||
15 | (i) The electric utility's excess earnings
shall | ||||||
16 | be multiplied by the average of the beginning
and | ||||||
17 | ending balances of the electric utility's common
| ||||||
18 | equity for the 2-year period in which excess
earnings | ||||||
19 | occurred.
| ||||||
20 | (ii) The result of the calculation in (i) shall
be | ||||||
21 | multiplied by 0.50 and then divided by a number
equal | ||||||
22 | to 1 minus the electric utility's composite
federal and | ||||||
23 | State income tax rate.
| ||||||
24 | (iii) The result of the calculation in (ii)
shall | ||||||
25 | be divided by the sum of the electric
utility's | ||||||
26 | projected total kilowatt-hour sales to
retail |
| |||||||
| |||||||
1 | customers plus projected kilowatt-hours to be
| ||||||
2 | delivered to delivery services customers over a one
| ||||||
3 | year period beginning with the first billing date in
| ||||||
4 | April in the succeeding year to determine a cents
per | ||||||
5 | kilowatt-hour refund factor.
| ||||||
6 | (iv) The cents per kilowatt-hour refund factor
| ||||||
7 | calculated in (iii) shall be credited to the
electric | ||||||
8 | utility's customers by applying the factor
on the | ||||||
9 | customer's monthly bills to each kilowatt-hour sold or | ||||||
10 | delivered until
the total amount
calculated in (ii) has | ||||||
11 | been paid to customers.
| ||||||
12 | (f) During the mandatory transition period, an electric
| ||||||
13 | utility may file revised tariffs reducing the price of any
| ||||||
14 | tariffed service offered by the electric utility for all
| ||||||
15 | customers taking that tariffed service, which shall be
| ||||||
16 | effective 7 days after filing.
| ||||||
17 | (g) During the mandatory transition period, an electric
| ||||||
18 | utility may, without obtaining any approval of the Commission | ||||||
19 | other than that
provided for in this subsection and
| ||||||
20 | notwithstanding any other provision of this Act or any rule or
| ||||||
21 | regulation of the Commission that would require such approval:
| ||||||
22 | (1) implement a reorganization, other than a merger of | ||||||
23 | 2 or
more public utilities as defined in Section 3-105 or | ||||||
24 | their
holding companies;
| ||||||
25 | (2) retire generating plants from service;
| ||||||
26 | (3) sell, assign, lease or otherwise transfer assets to |
| |||||||
| |||||||
1 | an
affiliated or unaffiliated entity and as part of such
| ||||||
2 | transaction enter into service agreements, power purchase
| ||||||
3 | agreements, or other agreements with the transferee; | ||||||
4 | provided,
however, that the prices, terms and conditions of | ||||||
5 | any power
purchase agreement must be approved or allowed | ||||||
6 | into effect by
the Federal Energy Regulatory Commission; or
| ||||||
7 | (4) use any
accelerated cost recovery method including | ||||||
8 | accelerated depreciation,
accelerated amortization or | ||||||
9 | other capital recovery
methods, or record reductions to the | ||||||
10 | original cost of its
assets.
| ||||||
11 | In order to implement a reorganization, retire
generating | ||||||
12 | plants from service, or sell, assign, lease or
otherwise | ||||||
13 | transfer assets pursuant to this Section, the
electric utility | ||||||
14 | shall comply with subsections (c) and (d) of Section
16-128, if | ||||||
15 | applicable, and subsection (k) of this Section, if applicable,
| ||||||
16 | and provide the Commission with at
least 30 days notice of the | ||||||
17 | proposed reorganization or
transaction, which notice shall | ||||||
18 | include the following
information:
| ||||||
19 | (i) a complete statement of the entries that the
| ||||||
20 | electric utility will make on its books and records of
| ||||||
21 | account to implement the proposed reorganization or
| ||||||
22 | transaction together with a certification from an
| ||||||
23 | independent certified public accountant that such | ||||||
24 | entries
are in accord with generally accepted | ||||||
25 | accounting
principles and, if the Commission has | ||||||
26 | previously approved
guidelines for cost allocations |
| |||||||
| |||||||
1 | between the utility and
its affiliates, a | ||||||
2 | certification from the chief accounting
officer of the | ||||||
3 | utility that such entries are in accord
with those cost | ||||||
4 | allocation guidelines;
| ||||||
5 | (ii) a description of how the electric utility will
| ||||||
6 | use proceeds of any sale, assignment, lease or transfer
| ||||||
7 | to retire debt or otherwise reduce or recover the costs
| ||||||
8 | of services provided by such electric utility;
| ||||||
9 | (iii) a list of all federal approvals or approvals
| ||||||
10 | required from departments and agencies of this State,
| ||||||
11 | other than the Commission, that the electric utility | ||||||
12 | has
or will obtain before implementing the | ||||||
13 | reorganization or
transaction;
| ||||||
14 | (iv) an irrevocable commitment by the electric
| ||||||
15 | utility that it will not, as a result of the | ||||||
16 | transaction,
impose any stranded cost charges that it | ||||||
17 | might otherwise
be allowed to charge retail customers | ||||||
18 | under federal law
or increase the transition charges | ||||||
19 | that it is otherwise
entitled to collect under this | ||||||
20 | Article XVI; and
| ||||||
21 | (v) if the electric utility proposes to sell,
| ||||||
22 | assign, lease or otherwise transfer a generating plant
| ||||||
23 | that brings the amount of net dependable generating
| ||||||
24 | capacity transferred pursuant to this subsection to an
| ||||||
25 | amount equal to or greater than 15% of the electric
| ||||||
26 | utility's net dependable capacity as of the effective
|
| |||||||
| |||||||
1 | date of this amendatory Act of 1997, and enters into a
| ||||||
2 | power purchase agreement with the entity to which such
| ||||||
3 | generating plant is sold, assigned, leased, or | ||||||
4 | otherwise
transferred, the electric utility also | ||||||
5 | agrees, if its
fuel adjustment clause has not already | ||||||
6 | been eliminated,
to eliminate its fuel adjustment | ||||||
7 | clause in accordance
with subsection (b) of Section | ||||||
8 | 9-220 for a period of time
equal to the length of any | ||||||
9 | such power purchase agreement
or successor agreement, | ||||||
10 | or until January 1, 2005,
whichever is longer; if the | ||||||
11 | capacity of the generating
plant so transferred and | ||||||
12 | related power purchase agreement
does not result in the | ||||||
13 | elimination of the fuel adjustment
clause under this | ||||||
14 | subsection, and the fuel adjustment clause has not | ||||||
15 | already
been eliminated, the electric utility shall
| ||||||
16 | agree that the costs associated with the transferred
| ||||||
17 | plant that are included in the calculation of the rate
| ||||||
18 | per kilowatt-hour to be applied pursuant to the | ||||||
19 | electric
utility's fuel adjustment clause during such | ||||||
20 | period shall
not exceed the per kilowatt-hour cost | ||||||
21 | associated with
such generating plant included in the | ||||||
22 | electric utility's
fuel adjustment clause during the | ||||||
23 | full calendar year
preceding the transfer, with such | ||||||
24 | limit to be adjusted
each year thereafter by the Gross | ||||||
25 | Domestic Product
Implicit Price Deflator.
| ||||||
26 | (vi) In addition, if the electric utility proposes |
| |||||||
| |||||||
1 | to sell, assign, or
lease, (A) either (1) an amount of | ||||||
2 | generating plant that brings the amount of
net | ||||||
3 | dependable generating capacity transferred pursuant to | ||||||
4 | this subsection to
an amount equal to or greater than | ||||||
5 | 15% of its net dependable capacity on the
effective | ||||||
6 | date of this amendatory Act of 1997, or (2) one or more | ||||||
7 | generating
plants with a total net dependable capacity | ||||||
8 | of 1100 megawatts, or (B)
transmission and | ||||||
9 | distribution facilities that either (1) bring the | ||||||
10 | amount of
transmission and distribution facilities | ||||||
11 | transferred pursuant to this
subsection to an amount | ||||||
12 | equal to or greater than 15% of the electric utility's
| ||||||
13 | total depreciated original cost investment in such | ||||||
14 | facilities, or (2) represent
an investment of | ||||||
15 | $25,000,000 in terms of total depreciated original | ||||||
16 | cost, the
electric utility shall provide, in
addition | ||||||
17 | to the information listed in subparagraphs
(i) through | ||||||
18 | (v), the following information: (A) a description of | ||||||
19 | how the
electric utility will meet its service | ||||||
20 | obligations under this Act in a safe and
reliable | ||||||
21 | manner and (B) the electric utility's projected earned | ||||||
22 | rate of
return on common equity, calculated in | ||||||
23 | accordance with subsection (d) of this
Section, for | ||||||
24 | each year from the date of the notice through December | ||||||
25 | 31,
2006
both with and without the proposed | ||||||
26 | transaction. If
the Commission has not issued an order |
| |||||||
| |||||||
1 | initiating a hearing on the proposed
transaction | ||||||
2 | within 30 days after the date the electric utility's | ||||||
3 | notice is
filed, the transaction shall be deemed | ||||||
4 | approved. The Commission may, after
notice and | ||||||
5 | hearing,
prohibit the proposed transaction if it makes | ||||||
6 | either or both of the following
findings: (1) that the | ||||||
7 | proposed transaction will render the electric utility
| ||||||
8 | unable to provide its tariffed services in a safe and | ||||||
9 | reliable manner, or (2)
that there is a strong | ||||||
10 | likelihood that consummation of the proposed | ||||||
11 | transaction
will result in the electric utility being | ||||||
12 | entitled to request an increase in
its base rates | ||||||
13 | during the mandatory transition period pursuant to | ||||||
14 | subsection
(d) of this Section. Any hearing initiated | ||||||
15 | by the Commission into the proposed
transaction shall | ||||||
16 | be completed, and the Commission's final order | ||||||
17 | approving or
prohibiting the proposed transaction | ||||||
18 | shall be entered, within 90 days after the
date the | ||||||
19 | electric utility's notice was filed.
Provided, | ||||||
20 | however, that a sale, assignment, or lease of | ||||||
21 | transmission facilities
to an independent system | ||||||
22 | operator that meets the requirements of Section 16-126
| ||||||
23 | shall not be subject to Commission approval under this | ||||||
24 | Section.
| ||||||
25 | In any proceeding conducted by the Commission | ||||||
26 | pursuant to this
subparagraph
(vi), intervention shall |
| |||||||
| |||||||
1 | be limited to parties with a direct interest in the
| ||||||
2 | transaction which is the subject of the hearing and any | ||||||
3 | statutory consumer
protection agency as defined in | ||||||
4 | subsection (d) of Section 9-102.1.
Notwithstanding the | ||||||
5 | provisions of Section 10-113 of this Act, any | ||||||
6 | application
seeking rehearing of an order issued under | ||||||
7 | this subparagraph (vi), whether
filed by the electric | ||||||
8 | utility or by an intervening party, shall be filed | ||||||
9 | within
10 days after service of the order.
| ||||||
10 | The Commission shall not in any subsequent proceeding or
| ||||||
11 | otherwise, review such a reorganization or other transaction
| ||||||
12 | authorized by this Section, but shall retain the authority to | ||||||
13 | allocate costs as
stated in Section 16-111(i). An entity to | ||||||
14 | which an electric
utility sells, assigns, leases or transfers | ||||||
15 | assets pursuant to
this subsection (g) shall not, as a result | ||||||
16 | of the transactions
specified in this subsection (g), be deemed | ||||||
17 | a public utility
as defined in Section 3-105. Nothing in this | ||||||
18 | subsection (g)
shall change any requirement under the | ||||||
19 | jurisdiction of the
Illinois Department of Nuclear Safety | ||||||
20 | including, but not
limited to, the payment of fees. Nothing in | ||||||
21 | this subsection
(g) shall exempt a utility from obtaining a | ||||||
22 | certificate
pursuant to Section 8-406 of this Act for the | ||||||
23 | construction of
a new electric generating facility. Nothing in | ||||||
24 | this
subsection (g) is intended to exempt the transactions | ||||||
25 | hereunder from the
operation of the federal or State antitrust
| ||||||
26 | laws. Nothing in this subsection (g) shall require an electric
|
| |||||||
| |||||||
1 | utility to use the procedures specified in this subsection for
| ||||||
2 | any of the transactions specified herein. Any other procedure
| ||||||
3 | available under this Act may, at the electric utility's
| ||||||
4 | election, be used for any such transaction.
| ||||||
5 | (h) During the mandatory transition period, the
Commission | ||||||
6 | shall not establish or use any rates of
depreciation, which for | ||||||
7 | purposes of this subsection shall
include amortization, for any | ||||||
8 | electric utility other than
those established pursuant to | ||||||
9 | subsection (c) of Section 5-104
of this Act or utilized | ||||||
10 | pursuant to subsection (g) of this
Section. Provided, however, | ||||||
11 | that in any proceeding to review an electric
utility's rates | ||||||
12 | for tariffed services pursuant to Section 9-201, 9-202, 9-250
| ||||||
13 | or
16-111(d) of this Act, the Commission may establish new | ||||||
14 | rates
of depreciation for the electric utility in the same | ||||||
15 | manner provided in
subsection (d) of Section 5-104 of this Act.
| ||||||
16 | An electric utility implementing an accelerated cost
recovery | ||||||
17 | method including accelerated depreciation,
accelerated | ||||||
18 | amortization or other capital recovery methods, or
recording | ||||||
19 | reductions to the original cost of its assets,
pursuant to | ||||||
20 | subsection (g) of this Section, shall file a
statement with the | ||||||
21 | Commission describing the accelerated cost
recovery method to | ||||||
22 | be implemented or the reduction in the
original cost of its | ||||||
23 | assets to be recorded. Upon the filing
of such statement, the | ||||||
24 | accelerated cost recovery method or the
reduction in the | ||||||
25 | original cost of assets shall be deemed to be
approved by the | ||||||
26 | Commission as though an order had been entered
by the |
| |||||||
| |||||||
1 | Commission.
| ||||||
2 | (i) Subsequent to the mandatory transition period, the
| ||||||
3 | Commission, in any proceeding to establish rates and charges
| ||||||
4 | for tariffed services offered by an electric utility, shall
| ||||||
5 | consider only (1) the then current or projected revenues,
| ||||||
6 | costs, investments and cost of capital directly or
indirectly | ||||||
7 | associated with the provision of such tariffed
services; (2) | ||||||
8 | collection of transition charges in accordance
with Sections | ||||||
9 | 16-102 and 16-108 of this Act; (3) recovery of
any employee | ||||||
10 | transition costs as described in Section 16-128
which the | ||||||
11 | electric utility is continuing to incur, including
recovery of | ||||||
12 | any unamortized portion of such costs previously
incurred or | ||||||
13 | committed, with such costs to be equitably
allocated among | ||||||
14 | bundled services, delivery services, and
contracts with | ||||||
15 | alternative retail electric suppliers; and (4)
recovery of the | ||||||
16 | costs associated with the electric utility's
compliance with | ||||||
17 | decommissioning funding requirements; and
shall not consider | ||||||
18 | any other revenues, costs, investments
or cost of capital of | ||||||
19 | either the electric utility or of any
affiliate of the electric | ||||||
20 | utility that are not associated with the provision of
tariffed | ||||||
21 | services. In setting rates for tariffed services, the | ||||||
22 | Commission
shall equitably allocate joint and common costs and | ||||||
23 | investments between the
electric utility's competitive and | ||||||
24 | tariffed services. In determining the
justness and
| ||||||
25 | reasonableness of the electric power and energy component of
an | ||||||
26 | electric utility's rates for tariffed services subsequent
to |
| |||||||
| |||||||
1 | the mandatory transition period and prior to the time that
the | ||||||
2 | provision of such electric power and energy is declared
| ||||||
3 | competitive, the Commission shall consider the extent to which
| ||||||
4 | the electric utility's tariffed rates for such component for
| ||||||
5 | each customer class exceed the market value determined
pursuant | ||||||
6 | to Section 16-112, and, if the electric power and
energy | ||||||
7 | component of such tariffed rate exceeds the market
value by | ||||||
8 | more than 10% for any customer class, may
establish such | ||||||
9 | electric power and energy component at a rate
equal to the | ||||||
10 | market value plus 10%.
In any such case, the Commission may | ||||||
11 | also elect to extend the provisions of
Section 16-111(e) for | ||||||
12 | any period in which the electric utility is collecting
| ||||||
13 | transition charges, using information applicable to such | ||||||
14 | period.
| ||||||
15 | (j) During the mandatory transition period, an electric
| ||||||
16 | utility may elect to transfer to a non-operating income
account | ||||||
17 | under the Commission's Uniform System of Accounts
either or | ||||||
18 | both of (i) an amount of unamortized investment tax
credit that | ||||||
19 | is in addition to the ratable amount which is
credited to the | ||||||
20 | electric utility's operating income account
for the year in | ||||||
21 | accordance with Section 46(f)(2) of the
federal Internal | ||||||
22 | Revenue Code of 1986, as in effect prior to P.L. 101-508, or
| ||||||
23 | (ii) "excess tax reserves",
as that term is defined in Section | ||||||
24 | 203(e)(2)(A) of the federal
Tax Reform Act of 1986, provided | ||||||
25 | that (A) the amount
transferred may not exceed the amount of | ||||||
26 | the electric
utility's assets that were created pursuant to |
| |||||||
| |||||||
1 | Statement of
Financial Accounting Standards No. 71 which the | ||||||
2 | electric
utility has written off during the mandatory | ||||||
3 | transition
period, and (B) the transfer shall not be effective | ||||||
4 | until
approved by the Internal Revenue Service. An electric | ||||||
5 | utility
electing to make such a transfer shall file a statement | ||||||
6 | with
the Commission stating the amount and timing of the | ||||||
7 | transfer
for which it intends to request approval of the | ||||||
8 | Internal
Revenue Service, along with a copy of its proposed | ||||||
9 | request to
the Internal Revenue Service for a ruling. The | ||||||
10 | Commission
shall issue an order within 14 days after the | ||||||
11 | electric
utility's filing approving, subject to receipt of | ||||||
12 | approval
from the Internal Revenue Service, the proposed | ||||||
13 | transfer.
| ||||||
14 | (k) If an electric utility is selling or transferring
to a | ||||||
15 | single buyer 5 or more generating plants located in this State | ||||||
16 | with a
total net dependable capacity of 5000 megawatts or more
| ||||||
17 | pursuant to subsection (g) of this Section and has obtained
a | ||||||
18 | sale price or consideration that exceeds 200% of
the book value | ||||||
19 | of such plants, the electric utility must
provide to the | ||||||
20 | Governor, the President of the Illinois
Senate, the Minority | ||||||
21 | Leader of the Illinois Senate, the
Speaker of the Illinois | ||||||
22 | House of Representatives, and the
Minority Leader of the | ||||||
23 | Illinois House of Representatives no
later than 15 days after | ||||||
24 | filing its notice under subsection
(g) of this Section or 5 | ||||||
25 | days after the date on which this
subsection (k) becomes law, | ||||||
26 | whichever is later, a written
commitment in which such electric |
| |||||||
| |||||||
1 | utility agrees to expend
$2 billion outside the corporate | ||||||
2 | limits of any municipality
with 1,000,000 or more inhabitants | ||||||
3 | within such electric
utility's service area, over a 6-year | ||||||
4 | period beginning
with the calendar year in which the notice is | ||||||
5 | filed, on
projects, programs, and improvements within its | ||||||
6 | service area
relating to transmission and distribution | ||||||
7 | including, without
limitation, infrastructure expansion, | ||||||
8 | repair and
replacement, capital investments, operations and
| ||||||
9 | maintenance, and vegetation management.
| ||||||
10 | (Source: P.A. 91-50, eff. 6-30-99; 92-537, eff. 6-6-02; 92-690, | ||||||
11 | eff. 7-18-02;
revised 9-10-02.)
| ||||||
12 | Section 685. The Illinois Dental Practice Act is amended by | ||||||
13 | changing Section 23a as follows:
| ||||||
14 | (225 ILCS 25/23a) (from Ch. 111, par. 2323a)
| ||||||
15 | (Section scheduled to be repealed on January 1, 2016)
| ||||||
16 | Sec. 23a. The Director of the Department may, upon receipt | ||||||
17 | of a written
communication from the Secretary of Human Services | ||||||
18 | or the Director of
the Department of Healthcare and Family | ||||||
19 | Services (formerly
Department of Public Aid ) or Department of | ||||||
20 | Public Health, that continuation
of practice of a person | ||||||
21 | licensed under this Act constitutes an immediate
danger to the | ||||||
22 | public, immediately suspend the license of such person
without | ||||||
23 | a hearing. In instances in which the Director
immediately | ||||||
24 | suspends a license under this Section, a hearing upon such
|
| |||||||
| |||||||
1 | person's license must be convened by the Board within 15 days | ||||||
2 | after such
suspension and completed without appreciable delay, | ||||||
3 | such hearing held to
determine whether to recommend to the
| ||||||
4 | Director that the person's license be revoked, suspended, | ||||||
5 | placed on
probationary status or reinstated, or such person be | ||||||
6 | subject to other
disciplinary action. In such hearing, the | ||||||
7 | written communication and any other
evidence
submitted | ||||||
8 | therewith may be introduced as evidence against such person;
| ||||||
9 | provided however, the person, or his counsel, shall have the | ||||||
10 | opportunity to
discredit or impeach such evidence and submit | ||||||
11 | evidence rebutting same.
| ||||||
12 | (Source: P.A. 89-507, eff. 7-1-97; revised 12-15-05.)
| ||||||
13 | Section 690. The Illinois Funeral or Burial Funds Act is | ||||||
14 | amended by changing Section 4 as follows:
| ||||||
15 | (225 ILCS 45/4) (from Ch. 111 1/2, par. 73.104)
| ||||||
16 | Sec. 4. Withdrawal of funds; revocability of contract.
| ||||||
17 | (a) The amount or amounts so deposited into trust, with | ||||||
18 | interest thereon, if
any, shall not be withdrawn until the | ||||||
19 | death of the person or persons for whose
funeral or burial such | ||||||
20 | funds were paid, unless sooner withdrawn and repaid to
the | ||||||
21 | person who originally paid the money under or in connection | ||||||
22 | with the
pre-need contract or to his or her legal | ||||||
23 | representative. The life insurance
policies or tax-deferred | ||||||
24 | annuities shall not be surrendered until the death of
the |
| |||||||
| |||||||
1 | person or persons for whose funeral or burial the policies or | ||||||
2 | annuities
were purchased, unless sooner surrendered and repaid | ||||||
3 | to the owner of the policy
purchased under or in connection | ||||||
4 | with the pre-need contract or to his or her
legal | ||||||
5 | representative. If, however, the agreement or series of | ||||||
6 | agreements
provides for forfeiture and retention of any or all | ||||||
7 | payments as and for
liquidated damages as provided in Section | ||||||
8 | 6, then the trustee may withdraw
the deposits. In addition, | ||||||
9 | nothing in this Section (i) prohibits the
change of depositary | ||||||
10 | by the trustee and the transfer of trust funds
from one | ||||||
11 | depositary to another or (ii) prohibits a contract purchaser | ||||||
12 | who is or
may become eligible for public assistance under any | ||||||
13 | applicable federal or
State law or local ordinance including, | ||||||
14 | but not limited to, eligibility
under 24 C.F.R., Part 913 | ||||||
15 | relating to family insurance under federal
Housing and Urban | ||||||
16 | Development Policy from irrevocably waiving, in writing,
and | ||||||
17 | renouncing the right to cancel a pre-need contract for funeral | ||||||
18 | services
in an amount prescribed by rule of the Illinois
| ||||||
19 | Department of Healthcare and Family Services
Public Aid .
No | ||||||
20 | guaranteed price pre-need funeral contract may prohibit a | ||||||
21 | purchaser
from making a contract irrevocable to the extent that | ||||||
22 | federal law or
regulations require that such a contract be | ||||||
23 | irrevocable for purposes of the
purchaser's eligibility for | ||||||
24 | Supplemental Security Income benefits, Medicaid, or
another | ||||||
25 | public assistance program, as permitted under federal law.
| ||||||
26 | (b) If for any reason a seller or provider who has engaged |
| |||||||
| |||||||
1 | in pre-need
sales has refused, cannot, or does not comply with | ||||||
2 | the terms of the
pre-need contract within a reasonable time | ||||||
3 | after he or she is required to
do so, the purchaser or his or | ||||||
4 | her heirs or assigns or duly authorized
representative shall | ||||||
5 | have the right to a refund of an amount equal
to the sales | ||||||
6 | price paid for undelivered merchandise or
services
plus | ||||||
7 | otherwise earned undistributed interest amounts held in trust
| ||||||
8 | attributable to the contract, within 30 days of the filing of a
| ||||||
9 | sworn affidavit with the trustee setting forth the existence of | ||||||
10 | the
contract and the fact of breach. A copy of this affidavit | ||||||
11 | shall be
filed with the Comptroller and the seller. In the | ||||||
12 | event a
seller
is prevented from performing by strike, shortage | ||||||
13 | of materials,
civil disorder, natural disaster, or any like | ||||||
14 | occurrence beyond the
control of the seller or provider, the | ||||||
15 | seller or provider's time for
performance shall be extended by | ||||||
16 | the length of the delay. Nothing in this
Section shall relieve | ||||||
17 | the seller or provider from any liability for
non-performance | ||||||
18 | of his or her obligations under the pre-need contract.
| ||||||
19 | (c) After final payment on a pre-need contract, any
| ||||||
20 | purchaser
may, upon written demand to a seller,
demand that the
| ||||||
21 | pre-need contract with the seller be terminated. The
seller | ||||||
22 | shall, within 30
days, initiate a refund to the purchaser
of | ||||||
23 | the entire amount held in trust attributable to
undelivered | ||||||
24 | merchandise and unperformed services, including
otherwise | ||||||
25 | earned undistributed interest earned thereon
or
the cash | ||||||
26 | surrender value of a life insurance policy
or tax-deferred |
| |||||||
| |||||||
1 | annuity.
| ||||||
2 | (c-5) If no funeral merchandise or services are provided or | ||||||
3 | if the
funeral
is
conducted by another person, the seller may | ||||||
4 | keep no more than 10% of the
payments made under the pre-need | ||||||
5 | contract or $300, whichever sum is less. The
remainder of the | ||||||
6 | trust funds or insurance or annuity proceeds shall be
forwarded | ||||||
7 | to the legal heirs of the deceased or as determined by probate
| ||||||
8 | action.
| ||||||
9 | (d) The placement and retention of all or a portion of a | ||||||
10 | casket,
combination
casket-vault, urn, or outer burial | ||||||
11 | container comprised of materials which are
designed to | ||||||
12 | withstand prolonged storage in the manner set forth in this
| ||||||
13 | paragraph without adversely affecting the structural integrity | ||||||
14 | or aesthetic
characteristics of such merchandise in a specific | ||||||
15 | burial space in which the
person or persons for whose funeral | ||||||
16 | or burial the merchandise was intended
has a right of | ||||||
17 | interment, or the placement of the merchandise in a specific
| ||||||
18 | mausoleum crypt or lawn crypt in which such person has a right | ||||||
19 | of entombment,
or the placement of the merchandise in a | ||||||
20 | specific niche in which such person
has a right of inurnment, | ||||||
21 | or delivery to such person and retention by such
person until | ||||||
22 | the time of need shall constitute actual delivery to the person
| ||||||
23 | who originally paid the money under or in connection with said | ||||||
24 | agreement or
series of agreements. Actual delivery shall | ||||||
25 | eliminate, from and after the date
of actual delivery, any | ||||||
26 | requirement under this Act to place or retain in trust
any |
| |||||||
| |||||||
1 | funds received for the sale of such merchandise. The delivery, | ||||||
2 | prior to
the time of need, of any funeral or burial merchandise | ||||||
3 | in any manner other than
authorized by this Section shall not | ||||||
4 | constitute actual delivery and shall not
eliminate any | ||||||
5 | requirement under this Act to place or retain in trust any | ||||||
6 | funds
received for the sale of such merchandise.
| ||||||
7 | (Source: P.A. 92-419, eff. 1-1-02; revised 12-15-05.)
| ||||||
8 | Section 695. The Health Care Worker Background Check Act is | ||||||
9 | amended by changing Sections 15, 65, and 70 as follows:
| ||||||
10 | (225 ILCS 46/15)
| ||||||
11 | Sec. 15. Definitions. For the purposes of this Act, the | ||||||
12 | following
definitions apply:
| ||||||
13 | "Applicant" means an individual seeking employment with a | ||||||
14 | health care
employer who has received a bona fide conditional | ||||||
15 | offer of employment.
| ||||||
16 | "Conditional offer of employment" means a bona fide offer | ||||||
17 | of employment by a
health care employer to an applicant, which | ||||||
18 | is contingent upon the receipt of a
report from the Department | ||||||
19 | of State Police indicating that the applicant does
not have a | ||||||
20 | record of conviction of any of the criminal offenses enumerated | ||||||
21 | in
Section 25.
| ||||||
22 | "Direct care" means the provision of nursing care or | ||||||
23 | assistance with feeding,
dressing, movement, bathing, | ||||||
24 | toileting, or other personal needs, including home services as |
| |||||||
| |||||||
1 | defined in the Home Health, Home Services, and Home Nursing | ||||||
2 | Agency Licensing Act. The entity
responsible for inspecting and | ||||||
3 | licensing, certifying, or registering the
health care employer | ||||||
4 | may, by administrative rule, prescribe guidelines for
| ||||||
5 | interpreting this definition with regard to the health care | ||||||
6 | employers that it
licenses.
| ||||||
7 | "Health care employer" means:
| ||||||
8 | (1) the owner or licensee of any of the
following:
| ||||||
9 | (i) a community living facility, as defined in the | ||||||
10 | Community Living
Facilities Act;
| ||||||
11 | (ii) a life care facility, as defined in the Life | ||||||
12 | Care Facilities Act;
| ||||||
13 | (iii) a long-term care facility, as defined in the | ||||||
14 | Nursing Home Care Act;
| ||||||
15 | (iv) a home health agency, home services agency, or | ||||||
16 | home nursing agency as defined in the Home Health, Home | ||||||
17 | Services, and Home Nursing Agency Licensing
Act;
| ||||||
18 | (v) a comprehensive hospice program or volunteer | ||||||
19 | hospice program, as defined in the Hospice Program | ||||||
20 | Licensing Act;
| ||||||
21 | (vi) a hospital, as defined in the Hospital | ||||||
22 | Licensing Act;
| ||||||
23 | (vii) a community residential alternative, as | ||||||
24 | defined in the Community
Residential Alternatives | ||||||
25 | Licensing Act;
| ||||||
26 | (viii) a nurse agency, as defined in the Nurse |
| |||||||
| |||||||
1 | Agency Licensing Act;
| ||||||
2 | (ix) a respite care provider, as defined in the | ||||||
3 | Respite Program Act;
| ||||||
4 | (ix-a) an establishment licensed under the | ||||||
5 | Assisted Living and Shared
Housing Act;
| ||||||
6 | (x) a supportive living program, as defined in the | ||||||
7 | Illinois Public Aid
Code;
| ||||||
8 | (xi) early childhood intervention programs as | ||||||
9 | described in 59 Ill. Adm.
Code 121;
| ||||||
10 | (xii) the University of Illinois Hospital, | ||||||
11 | Chicago;
| ||||||
12 | (xiii) programs funded by the Department on Aging | ||||||
13 | through the Community
Care Program;
| ||||||
14 | (xiv) programs certified to participate in the | ||||||
15 | Supportive Living Program
authorized pursuant to | ||||||
16 | Section 5-5.01a of the Illinois Public Aid Code;
| ||||||
17 | (xv) programs listed by the Emergency Medical | ||||||
18 | Services (EMS) Systems Act
as
Freestanding Emergency | ||||||
19 | Centers;
| ||||||
20 | (xvi) locations licensed under the Alternative | ||||||
21 | Health Care Delivery
Act;
| ||||||
22 | (2) a day training program certified by the Department | ||||||
23 | of Human Services;
| ||||||
24 | (3) a community integrated living arrangement operated | ||||||
25 | by a community
mental health and developmental service | ||||||
26 | agency, as defined in the
Community-Integrated Living |
| |||||||
| |||||||
1 | Arrangements Licensing and Certification Act; or
| ||||||
2 | (4) the State Long Term Care Ombudsman Program, | ||||||
3 | including any regional long term care ombudsman programs | ||||||
4 | under Section 4.04 of the Illinois Act on the Aging, only | ||||||
5 | for the purpose of securing background checks.
| ||||||
6 | "Initiate" means the obtaining of the authorization for a | ||||||
7 | record check from
a student, applicant, or employee. The | ||||||
8 | educational entity or health care
employer or its designee | ||||||
9 | shall transmit all necessary information and fees
to the | ||||||
10 | Illinois State Police within 10 working days after receipt of | ||||||
11 | the
authorization.
| ||||||
12 | "Long-term care facility" means a facility licensed by the | ||||||
13 | State or certified under federal law as a long-term care | ||||||
14 | facility, a supportive living facility, an assisted living | ||||||
15 | establishment, or a shared housing establishment or registered | ||||||
16 | as a board and care home.
| ||||||
17 | (Source: P.A. 93-878, eff. 1-1-05; 94-379, eff. 1-1-06; 94-570, | ||||||
18 | eff. 8-12-05; 94-665, eff. 1-1-06; revised 8-29-05.)
| ||||||
19 | (225 ILCS 46/65)
| ||||||
20 | Sec. 65. Health Care Worker Task Force. A Health Care | ||||||
21 | Worker Task Force
shall be appointed to study and make | ||||||
22 | recommendations on statutory changes to
this Act.
| ||||||
23 | (a) The Task Force shall monitor the status of the | ||||||
24 | implementation of this
Act and monitor complaint | ||||||
25 | investigations relating to this Act by the Department
on Aging, |
| |||||||
| |||||||
1 | Department of Public Health, Department of Professional | ||||||
2 | Regulation,
and the Department of Human Services to determine | ||||||
3 | the criminal background, if
any, of health care workers who | ||||||
4 | have had findings of abuse, theft, or
exploitation.
| ||||||
5 | (b) The Task Force shall make recommendations concerning | ||||||
6 | modifications to
the list of offenses enumerated in Section 25, | ||||||
7 | including time limits on all or
some of the disqualifying | ||||||
8 | offenses, and any other necessary or desirable
changes to the | ||||||
9 | Act.
| ||||||
10 | (c) The Task Force shall issue an interim report to the | ||||||
11 | Governor and General
Assembly no later than January 1, 2004. | ||||||
12 | The final report shall be issued no
later than September 30, | ||||||
13 | 2005, and shall include specific statutory changes
| ||||||
14 | recommended, if any.
| ||||||
15 | (d) The Task Force shall be composed of the following | ||||||
16 | members, who shall
serve without pay:
| ||||||
17 | (1) a chairman knowledgeable about health care issues, | ||||||
18 | who shall be
appointed by the Governor;
| ||||||
19 | (2) the Director of Public Health or his or her | ||||||
20 | designee;
| ||||||
21 | (3) the Director of State Police or his or her | ||||||
22 | designee;
| ||||||
23 | (3.5) the Director of Healthcare and Family Services
| ||||||
24 | Public Aid or his or her designee;
| ||||||
25 | (3.6) the Secretary of Human Services or his or her | ||||||
26 | designee;
|
| |||||||
| |||||||
1 | (3.7) the Director of Aging or his or her designee;
| ||||||
2 | (4) 2 representatives of health care providers, who | ||||||
3 | shall be appointed
by the Governor;
| ||||||
4 | (5) 2 representatives of health care employees, who | ||||||
5 | shall be appointed
by the Governor;
| ||||||
6 | (5.5) a representative of a Community Care homemaker | ||||||
7 | program, who shall
be appointed by the Governor;
| ||||||
8 | (6) a representative of the general public who has an | ||||||
9 | interest in health
care, who shall be appointed by the | ||||||
10 | Governor; and
| ||||||
11 | (7) 4 members of the General Assembly, one appointed by | ||||||
12 | the Speaker of
the House, one appointed by the House | ||||||
13 | Minority Leader, one appointed by the
President of the | ||||||
14 | Senate, and one appointed by the Senate Minority Leader.
| ||||||
15 | (Source: P.A. 93-224, eff. 7-18-03; revised 12-15-05.)
| ||||||
16 | (225 ILCS 46/70) | ||||||
17 | Sec. 70. Centers for Medicare and Medicaid Services (CMMS) | ||||||
18 | grant. | ||||||
19 | (a) In this Section:
| ||||||
20 | "Centers for Medicare and Medicaid Services (CMMS) grant" | ||||||
21 | means the grant awarded to and distributed by the Department of | ||||||
22 | Public Health to enhance the conduct of criminal history | ||||||
23 | records checks of certain health care employees. The CMMS grant | ||||||
24 | is authorized by Section 307 of the federal Medicare | ||||||
25 | Prescription Drug, Improvement, and Modernization Act of 2003, |
| |||||||
| |||||||
1 | which establishes the framework for a program to evaluate | ||||||
2 | national and state background checks on prospective employees | ||||||
3 | with direct access to patients of long-term care facilities or | ||||||
4 | providers. | ||||||
5 | "Selected health care employer" means any of the following | ||||||
6 | selected to participate in the CMMS grant: | ||||||
7 | (1) a community living facility as defined in the | ||||||
8 | Community Living Facility Act; | ||||||
9 | (2) a long-term care facility as defined in the Nursing | ||||||
10 | Home Care Act; | ||||||
11 | (3) a home health agency as defined in the Home Health , | ||||||
12 | Home Services, and Home Nursing Agency Licensing Act; | ||||||
13 | (4) a full hospice as defined in the Hospice Licensing | ||||||
14 | Act; | ||||||
15 | (5) an establishment licensed under the Assisted | ||||||
16 | Living and Shared Housing Act; | ||||||
17 | (6) a supportive living facility as defined in the | ||||||
18 | Illinois Public Aid Code; | ||||||
19 | (7) a day training program certified by the Department | ||||||
20 | of Human Services; | ||||||
21 | (8) a community integrated living arrangement operated | ||||||
22 | by a community mental health and developmental service | ||||||
23 | agency as defined in the Community Integrated Living | ||||||
24 | Arrangements Licensing and Certification Act; or
| ||||||
25 | (9) a long-term care hospital or hospital with swing | ||||||
26 | beds.
|
| |||||||
| |||||||
1 | (b) Selected health care employers shall be phased in to | ||||||
2 | participate in the CMMS grant between January 1, 2006 and | ||||||
3 | January 1, 2007, as prescribed by the Department of Public | ||||||
4 | Health by rule. | ||||||
5 | (c) With regards to individuals hired on or after January | ||||||
6 | 1, 2006 who have direct access to residents, patients, or | ||||||
7 | clients of the selected health care employer, selected health | ||||||
8 | care employers must comply with Section 25 of this Act. | ||||||
9 | "Individuals who have direct access" includes, but is not | ||||||
10 | limited to, (i) direct care workers as described in subsection | ||||||
11 | (a) of Section 25; (ii) individuals licensed by the Department | ||||||
12 | of Financial and Professional Regulation, such as nurses, | ||||||
13 | social workers, physical therapists, occupational therapists, | ||||||
14 | and pharmacists; (iii) individuals who provide services on | ||||||
15 | site, through contract; and (iv) non-direct care workers, such | ||||||
16 | as those who work in environmental services, food service, and | ||||||
17 | administration. | ||||||
18 | "Individuals who have direct access" does not include | ||||||
19 | physicians or volunteers. | ||||||
20 | The Department of Public Health may further define | ||||||
21 | "individuals who have direct access" by rule.
| ||||||
22 | (d) Each applicant seeking employment in a position | ||||||
23 | described in subsection (c) of this Section with a selected | ||||||
24 | health care employer shall, as a condition of employment, have | ||||||
25 | his or her fingerprints submitted to the Department of State | ||||||
26 | Police in an electronic format that complies with the form and |
| |||||||
| |||||||
1 | manner for requesting and furnishing criminal history record | ||||||
2 | information by the Department of State Police and the Federal | ||||||
3 | Bureau of Investigation criminal history record databases now | ||||||
4 | and hereafter filed. The Department of State Police shall | ||||||
5 | forward the fingerprints to the Federal Bureau of Investigation | ||||||
6 | for a national criminal history records check. The Department | ||||||
7 | of State Police shall charge a fee for conducting the criminal | ||||||
8 | history records check, which shall not exceed the actual cost | ||||||
9 | of the records check and shall be deposited into the State | ||||||
10 | Police Services Fund. The Department of State Police shall | ||||||
11 | furnish, pursuant to positive identification, records of | ||||||
12 | Illinois convictions to the Department of Public Health. | ||||||
13 | (e) A selected health care employer who makes a conditional | ||||||
14 | offer of employment to an applicant shall: | ||||||
15 | (1) ensure that the applicant has complied with the | ||||||
16 | fingerprinting requirements of this Section; | ||||||
17 | (2) complete documentation relating to any criminal | ||||||
18 | history record, as revealed by the applicant, as prescribed | ||||||
19 | by rule by the Department of Public Health; | ||||||
20 | (3) complete documentation of the applicant's personal | ||||||
21 | identifiers as prescribed by rule by the Department of | ||||||
22 | Public Health; and | ||||||
23 | (4) provide supervision, as prescribed by rule by the | ||||||
24 | licensing agency, if the applicant is hired and allowed to | ||||||
25 | work prior to the results of the criminal history records | ||||||
26 | check being obtained. |
| |||||||
| |||||||
1 | (f) A selected health care employer having actual knowledge | ||||||
2 | from a source that an individual with direct access to a | ||||||
3 | resident, patient, or client has been convicted of committing | ||||||
4 | or attempting to commit one of the offenses enumerated in | ||||||
5 | Section 25 of this Act shall contact the licensing agency or | ||||||
6 | follow other instructions as prescribed by administrative | ||||||
7 | rule. | ||||||
8 | (g) A fingerprint-based criminal history records check | ||||||
9 | submitted in accordance with subsection (d) of this Section | ||||||
10 | must be submitted as a fee applicant inquiry in the form and | ||||||
11 | manner prescribed by the Department of State Police.
| ||||||
12 | (h) This Section shall be inapplicable upon the conclusion | ||||||
13 | of the CMMS grant.
| ||||||
14 | (Source: P.A. 94-665, eff. 1-1-06; 94-931, eff. 6-26-06; | ||||||
15 | revised 10-19-06.) | ||||||
16 | Section 700. The Medical Practice Act of 1987 is amended by | ||||||
17 | changing Sections 22 and 25 as follows:
| ||||||
18 | (225 ILCS 60/22) (from Ch. 111, par. 4400-22)
| ||||||
19 | (Section scheduled to be repealed on January 1, 2007)
| ||||||
20 | Sec. 22. Disciplinary action.
| ||||||
21 | (A) The Department may revoke, suspend, place on | ||||||
22 | probationary
status, refuse to renew, or take any other | ||||||
23 | disciplinary action as the Department may deem proper
with | ||||||
24 | regard to the license or visiting professor permit of any |
| |||||||
| |||||||
1 | person issued
under this Act to practice medicine, or to treat | ||||||
2 | human ailments without the use
of drugs and without operative | ||||||
3 | surgery upon any of the following grounds:
| ||||||
4 | (1) Performance of an elective abortion in any place, | ||||||
5 | locale,
facility, or
institution other than:
| ||||||
6 | (a) a facility licensed pursuant to the Ambulatory | ||||||
7 | Surgical Treatment
Center Act;
| ||||||
8 | (b) an institution licensed under the Hospital | ||||||
9 | Licensing Act; or
| ||||||
10 | (c) an ambulatory surgical treatment center or | ||||||
11 | hospitalization or care
facility maintained by the | ||||||
12 | State or any agency thereof, where such department
or | ||||||
13 | agency has authority under law to establish and enforce | ||||||
14 | standards for the
ambulatory surgical treatment | ||||||
15 | centers, hospitalization, or care facilities
under its | ||||||
16 | management and control; or
| ||||||
17 | (d) ambulatory surgical treatment centers, | ||||||
18 | hospitalization or care
facilities maintained by the | ||||||
19 | Federal Government; or
| ||||||
20 | (e) ambulatory surgical treatment centers, | ||||||
21 | hospitalization or care
facilities maintained by any | ||||||
22 | university or college established under the laws
of | ||||||
23 | this State and supported principally by public funds | ||||||
24 | raised by
taxation.
| ||||||
25 | (2) Performance of an abortion procedure in a wilful | ||||||
26 | and wanton
manner on a
woman who was not pregnant at the |
| |||||||
| |||||||
1 | time the abortion procedure was
performed.
| ||||||
2 | (3) The conviction of a felony in this or any other
| ||||||
3 | jurisdiction, except as
otherwise provided in subsection B | ||||||
4 | of this Section, whether or not related to
practice under | ||||||
5 | this Act, or the entry of a guilty or nolo contendere plea | ||||||
6 | to a
felony charge.
| ||||||
7 | (4) Gross negligence in practice under this Act.
| ||||||
8 | (5) Engaging in dishonorable, unethical or | ||||||
9 | unprofessional
conduct of a
character likely to deceive, | ||||||
10 | defraud or harm the public.
| ||||||
11 | (6) Obtaining any fee by fraud, deceit, or
| ||||||
12 | misrepresentation.
| ||||||
13 | (7) Habitual or excessive use or abuse of drugs defined | ||||||
14 | in law
as
controlled substances, of alcohol, or of any | ||||||
15 | other substances which results in
the inability to practice | ||||||
16 | with reasonable judgment, skill or safety.
| ||||||
17 | (8) Practicing under a false or, except as provided by | ||||||
18 | law, an
assumed
name.
| ||||||
19 | (9) Fraud or misrepresentation in applying for, or | ||||||
20 | procuring, a
license
under this Act or in connection with | ||||||
21 | applying for renewal of a license under
this Act.
| ||||||
22 | (10) Making a false or misleading statement regarding | ||||||
23 | their
skill or the
efficacy or value of the medicine, | ||||||
24 | treatment, or remedy prescribed by them at
their direction | ||||||
25 | in the treatment of any disease or other condition of the | ||||||
26 | body
or mind.
|
| |||||||
| |||||||
1 | (11) Allowing another person or organization to use | ||||||
2 | their
license, procured
under this Act, to practice.
| ||||||
3 | (12) Disciplinary action of another state or | ||||||
4 | jurisdiction
against a license
or other authorization to | ||||||
5 | practice as a medical doctor, doctor of osteopathy,
doctor | ||||||
6 | of osteopathic medicine or
doctor of chiropractic, a | ||||||
7 | certified copy of the record of the action taken by
the | ||||||
8 | other state or jurisdiction being prima facie evidence | ||||||
9 | thereof.
| ||||||
10 | (13) Violation of any provision of this Act or of the | ||||||
11 | Medical
Practice Act
prior to the repeal of that Act, or | ||||||
12 | violation of the rules, or a final
administrative action of | ||||||
13 | the Secretary, after consideration of the
recommendation | ||||||
14 | of the Disciplinary Board.
| ||||||
15 | (14) Dividing with anyone other than physicians with | ||||||
16 | whom the
licensee
practices in a partnership, Professional | ||||||
17 | Association, limited liability
company, or Medical or | ||||||
18 | Professional
Corporation any fee, commission, rebate or | ||||||
19 | other form of compensation for any
professional services | ||||||
20 | not actually and personally rendered. Nothing contained
in | ||||||
21 | this subsection prohibits persons holding valid and | ||||||
22 | current licenses under
this Act from practicing medicine in | ||||||
23 | partnership under a partnership
agreement, including a | ||||||
24 | limited liability partnership, in a limited liability
| ||||||
25 | company under the Limited Liability Company Act, in a | ||||||
26 | corporation authorized by
the Medical Corporation Act, as |
| |||||||
| |||||||
1 | an
association authorized by the Professional Association | ||||||
2 | Act, or in a
corporation under the
Professional Corporation | ||||||
3 | Act or from pooling, sharing, dividing or
apportioning the | ||||||
4 | fees and monies received by them or by the partnership,
| ||||||
5 | corporation or association in accordance with the | ||||||
6 | partnership agreement or the
policies of the Board of | ||||||
7 | Directors of the corporation or association. Nothing
| ||||||
8 | contained in this subsection prohibits 2 or more | ||||||
9 | corporations authorized by the
Medical Corporation Act, | ||||||
10 | from forming a partnership or joint venture of such
| ||||||
11 | corporations, and providing medical, surgical and | ||||||
12 | scientific research and
knowledge by employees of these | ||||||
13 | corporations if such employees are licensed
under this Act, | ||||||
14 | or from pooling, sharing, dividing, or apportioning the | ||||||
15 | fees
and monies received by the partnership or joint | ||||||
16 | venture in accordance with the
partnership or joint venture | ||||||
17 | agreement. Nothing contained in this subsection
shall | ||||||
18 | abrogate the right of 2 or more persons, holding valid and | ||||||
19 | current
licenses under this Act, to each receive adequate | ||||||
20 | compensation for concurrently
rendering professional | ||||||
21 | services to a patient and divide a fee; provided, the
| ||||||
22 | patient has full knowledge of the division, and, provided, | ||||||
23 | that the division is
made in proportion to the services | ||||||
24 | performed and responsibility assumed by
each.
| ||||||
25 | (15) A finding by the Medical Disciplinary Board that | ||||||
26 | the
registrant after
having his or her license placed on |
| |||||||
| |||||||
1 | probationary status or subjected to
conditions or | ||||||
2 | restrictions violated the terms of the probation or failed | ||||||
3 | to
comply with such terms or conditions.
| ||||||
4 | (16) Abandonment of a patient.
| ||||||
5 | (17) Prescribing, selling, administering, | ||||||
6 | distributing, giving
or
self-administering any drug | ||||||
7 | classified as a controlled substance (designated
product) | ||||||
8 | or narcotic for other than medically accepted therapeutic
| ||||||
9 | purposes.
| ||||||
10 | (18) Promotion of the sale of drugs, devices, | ||||||
11 | appliances or
goods provided
for a patient in such manner | ||||||
12 | as to exploit the patient for financial gain of
the | ||||||
13 | physician.
| ||||||
14 | (19) Offering, undertaking or agreeing to cure or treat
| ||||||
15 | disease by a secret
method, procedure, treatment or | ||||||
16 | medicine, or the treating, operating or
prescribing for any | ||||||
17 | human condition by a method, means or procedure which the
| ||||||
18 | licensee refuses to divulge upon demand of the Department.
| ||||||
19 | (20) Immoral conduct in the commission of any act | ||||||
20 | including,
but not limited to, commission of an act of | ||||||
21 | sexual misconduct related to the
licensee's
practice.
| ||||||
22 | (21) Wilfully making or filing false records or reports | ||||||
23 | in his
or her
practice as a physician, including, but not | ||||||
24 | limited to, false records to
support claims against the | ||||||
25 | medical assistance program of the Department of Healthcare | ||||||
26 | and Family Services (formerly Department of
Public Aid )
|
| |||||||
| |||||||
1 | under the Illinois Public Aid Code.
| ||||||
2 | (22) Wilful omission to file or record, or wilfully | ||||||
3 | impeding
the filing or
recording, or inducing another | ||||||
4 | person to omit to file or record, medical
reports as | ||||||
5 | required by law, or wilfully failing to report an instance | ||||||
6 | of
suspected abuse or neglect as required by law.
| ||||||
7 | (23) Being named as a perpetrator in an indicated | ||||||
8 | report by
the Department
of Children and Family Services | ||||||
9 | under the Abused and Neglected Child Reporting
Act, and | ||||||
10 | upon proof by clear and convincing evidence that the | ||||||
11 | licensee has
caused a child to be an abused child or | ||||||
12 | neglected child as defined in the
Abused and Neglected | ||||||
13 | Child Reporting Act.
| ||||||
14 | (24) Solicitation of professional patronage by any
| ||||||
15 | corporation, agents or
persons, or profiting from those | ||||||
16 | representing themselves to be agents of the
licensee.
| ||||||
17 | (25) Gross and wilful and continued overcharging for
| ||||||
18 | professional services,
including filing false statements | ||||||
19 | for collection of fees for which services are
not rendered, | ||||||
20 | including, but not limited to, filing such false statements | ||||||
21 | for
collection of monies for services not rendered from the | ||||||
22 | medical assistance
program of the Department of Healthcare | ||||||
23 | and Family Services (formerly Department of Public Aid )
| ||||||
24 | under the Illinois Public Aid
Code.
| ||||||
25 | (26) A pattern of practice or other behavior which
| ||||||
26 | demonstrates
incapacity
or incompetence to practice under |
| |||||||
| |||||||
1 | this Act.
| ||||||
2 | (27) Mental illness or disability which results in the
| ||||||
3 | inability to
practice under this Act with reasonable | ||||||
4 | judgment, skill or safety.
| ||||||
5 | (28) Physical illness, including, but not limited to,
| ||||||
6 | deterioration through
the aging process, or loss of motor | ||||||
7 | skill which results in a physician's
inability to practice | ||||||
8 | under this Act with reasonable judgment, skill or
safety.
| ||||||
9 | (29) Cheating on or attempt to subvert the licensing
| ||||||
10 | examinations
administered under this Act.
| ||||||
11 | (30) Wilfully or negligently violating the | ||||||
12 | confidentiality
between
physician and patient except as | ||||||
13 | required by law.
| ||||||
14 | (31) The use of any false, fraudulent, or deceptive | ||||||
15 | statement
in any
document connected with practice under | ||||||
16 | this Act.
| ||||||
17 | (32) Aiding and abetting an individual not licensed | ||||||
18 | under this
Act in the
practice of a profession licensed | ||||||
19 | under this Act.
| ||||||
20 | (33) Violating state or federal laws or regulations | ||||||
21 | relating
to controlled
substances, legend
drugs, or | ||||||
22 | ephedra, as defined in the Ephedra Prohibition Act.
| ||||||
23 | (34) Failure to report to the Department any adverse | ||||||
24 | final
action taken
against them by another licensing | ||||||
25 | jurisdiction (any other state or any
territory of the | ||||||
26 | United States or any foreign state or country), by any peer
|
| |||||||
| |||||||
1 | review body, by any health care institution, by any | ||||||
2 | professional society or
association related to practice | ||||||
3 | under this Act, by any governmental agency, by
any law | ||||||
4 | enforcement agency, or by any court for acts or conduct | ||||||
5 | similar to acts
or conduct which would constitute grounds | ||||||
6 | for action as defined in this
Section.
| ||||||
7 | (35) Failure to report to the Department surrender of a
| ||||||
8 | license or
authorization to practice as a medical doctor, a | ||||||
9 | doctor of osteopathy, a
doctor of osteopathic medicine, or | ||||||
10 | doctor
of chiropractic in another state or jurisdiction, or | ||||||
11 | surrender of membership on
any medical staff or in any | ||||||
12 | medical or professional association or society,
while | ||||||
13 | under disciplinary investigation by any of those | ||||||
14 | authorities or bodies,
for acts or conduct similar to acts | ||||||
15 | or conduct which would constitute grounds
for action as | ||||||
16 | defined in this Section.
| ||||||
17 | (36) Failure to report to the Department any adverse | ||||||
18 | judgment,
settlement,
or award arising from a liability | ||||||
19 | claim related to acts or conduct similar to
acts or conduct | ||||||
20 | which would constitute grounds for action as defined in | ||||||
21 | this
Section.
| ||||||
22 | (37) Failure to transfer copies of medical records as | ||||||
23 | required
by law.
| ||||||
24 | (38) Failure to furnish the Department, its | ||||||
25 | investigators or
representatives, relevant information, | ||||||
26 | legally requested by the Department
after consultation |
| |||||||
| |||||||
1 | with the Chief Medical Coordinator or the Deputy Medical
| ||||||
2 | Coordinator.
| ||||||
3 | (39) Violating the Health Care Worker Self-Referral
| ||||||
4 | Act.
| ||||||
5 | (40) Willful failure to provide notice when notice is | ||||||
6 | required
under the
Parental Notice of Abortion Act of 1995.
| ||||||
7 | (41) Failure to establish and maintain records of | ||||||
8 | patient care and
treatment as required by this law.
| ||||||
9 | (42) Entering into an excessive number of written | ||||||
10 | collaborative
agreements with licensed advanced practice | ||||||
11 | nurses resulting in an inability to
adequately collaborate | ||||||
12 | and provide medical direction.
| ||||||
13 | (43) Repeated failure to adequately collaborate with | ||||||
14 | or provide medical
direction to a licensed advanced | ||||||
15 | practice nurse.
| ||||||
16 | Except
for actions involving the ground numbered (26), all | ||||||
17 | proceedings to suspend,
revoke, place on probationary status, | ||||||
18 | or take any
other disciplinary action as the Department may | ||||||
19 | deem proper, with regard to a
license on any of the foregoing | ||||||
20 | grounds, must be commenced within 5 years next
after receipt by | ||||||
21 | the Department of a complaint alleging the commission of or
| ||||||
22 | notice of the conviction order for any of the acts described | ||||||
23 | herein. Except
for the grounds numbered (8), (9), (26), and | ||||||
24 | (29), no action shall be commenced more
than 10 years after the | ||||||
25 | date of the incident or act alleged to have violated
this | ||||||
26 | Section. For actions involving the ground numbered (26), a |
| |||||||
| |||||||
1 | pattern of practice or other behavior includes all incidents | ||||||
2 | alleged to be part of the pattern of practice or other behavior | ||||||
3 | that occurred or a report pursuant to Section 23 of this Act | ||||||
4 | received within the 10-year period preceding the filing of the | ||||||
5 | complaint. In the event of the settlement of any claim or cause | ||||||
6 | of action
in favor of the claimant or the reduction to final | ||||||
7 | judgment of any civil action
in favor of the plaintiff, such | ||||||
8 | claim, cause of action or civil action being
grounded on the | ||||||
9 | allegation that a person licensed under this Act was negligent
| ||||||
10 | in providing care, the Department shall have an additional | ||||||
11 | period of 2 years
from the date of notification to the | ||||||
12 | Department under Section 23 of this Act
of such settlement or | ||||||
13 | final judgment in which to investigate and
commence formal | ||||||
14 | disciplinary proceedings under Section 36 of this Act, except
| ||||||
15 | as otherwise provided by law. The time during which the holder | ||||||
16 | of the license
was outside the State of Illinois shall not be | ||||||
17 | included within any period of
time limiting the commencement of | ||||||
18 | disciplinary action by the Department.
| ||||||
19 | The entry of an order or judgment by any circuit court | ||||||
20 | establishing that any
person holding a license under this Act | ||||||
21 | is a person in need of mental treatment
operates as a | ||||||
22 | suspension of that license. That person may resume their
| ||||||
23 | practice only upon the entry of a Departmental order based upon | ||||||
24 | a finding by
the Medical Disciplinary Board that they have been | ||||||
25 | determined to be recovered
from mental illness by the court and | ||||||
26 | upon the Disciplinary Board's
recommendation that they be |
| |||||||
| |||||||
1 | permitted to resume their practice.
| ||||||
2 | The Department may refuse to issue or take disciplinary | ||||||
3 | action concerning the license of any person
who fails to file a | ||||||
4 | return, or to pay the tax, penalty or interest shown in a
filed | ||||||
5 | return, or to pay any final assessment of tax, penalty or | ||||||
6 | interest, as
required by any tax Act administered by the | ||||||
7 | Illinois Department of Revenue,
until such time as the | ||||||
8 | requirements of any such tax Act are satisfied as
determined by | ||||||
9 | the Illinois Department of Revenue.
| ||||||
10 | The Department, upon the recommendation of the | ||||||
11 | Disciplinary Board, shall
adopt rules which set forth standards | ||||||
12 | to be used in determining:
| ||||||
13 | (a) when a person will be deemed sufficiently | ||||||
14 | rehabilitated to warrant the
public trust;
| ||||||
15 | (b) what constitutes dishonorable, unethical or | ||||||
16 | unprofessional conduct of
a character likely to deceive, | ||||||
17 | defraud, or harm the public;
| ||||||
18 | (c) what constitutes immoral conduct in the commission | ||||||
19 | of any act,
including, but not limited to, commission of an | ||||||
20 | act of sexual misconduct
related
to the licensee's | ||||||
21 | practice; and
| ||||||
22 | (d) what constitutes gross negligence in the practice | ||||||
23 | of medicine.
| ||||||
24 | However, no such rule shall be admissible into evidence in | ||||||
25 | any civil action
except for review of a licensing or other | ||||||
26 | disciplinary action under this Act.
|
| |||||||
| |||||||
1 | In enforcing this Section, the Medical Disciplinary Board,
| ||||||
2 | upon a showing of a possible violation, may compel any | ||||||
3 | individual licensed to
practice under this Act, or who has | ||||||
4 | applied for licensure or a permit
pursuant to this Act, to | ||||||
5 | submit to a mental or physical examination, or both,
as | ||||||
6 | required by and at the expense of the Department. The examining | ||||||
7 | physician
or physicians shall be those specifically designated | ||||||
8 | by the Disciplinary Board.
The Medical Disciplinary Board or | ||||||
9 | the Department may order the examining
physician to present | ||||||
10 | testimony concerning this mental or physical examination
of the | ||||||
11 | licensee or applicant. No information shall be excluded by | ||||||
12 | reason of
any common
law or statutory privilege relating to | ||||||
13 | communication between the licensee or
applicant and
the | ||||||
14 | examining physician.
The individual to be examined may have, at | ||||||
15 | his or her own expense, another
physician of his or her choice | ||||||
16 | present during all aspects of the examination.
Failure of any | ||||||
17 | individual to submit to mental or physical examination, when
| ||||||
18 | directed, shall be grounds for suspension of his or her license | ||||||
19 | until such time
as the individual submits to the examination if | ||||||
20 | the Disciplinary Board finds,
after notice and hearing, that | ||||||
21 | the refusal to submit to the examination was
without reasonable | ||||||
22 | cause. If the Disciplinary Board finds a physician unable
to | ||||||
23 | practice because of the reasons set forth in this Section, the | ||||||
24 | Disciplinary
Board shall require such physician to submit to | ||||||
25 | care, counseling, or treatment
by physicians approved or | ||||||
26 | designated by the Disciplinary Board, as a condition
for |
| |||||||
| |||||||
1 | continued, reinstated, or renewed licensure to practice. Any | ||||||
2 | physician,
whose license was granted pursuant to Sections 9, | ||||||
3 | 17, or 19 of this Act, or,
continued, reinstated, renewed, | ||||||
4 | disciplined or supervised, subject to such
terms, conditions or | ||||||
5 | restrictions who shall fail to comply with such terms,
| ||||||
6 | conditions or restrictions, or to complete a required program | ||||||
7 | of care,
counseling, or treatment, as determined by the Chief | ||||||
8 | Medical Coordinator or
Deputy Medical Coordinators, shall be | ||||||
9 | referred to the Secretary for a
determination as to whether the | ||||||
10 | licensee shall have their license suspended
immediately, | ||||||
11 | pending a hearing by the Disciplinary Board. In instances in
| ||||||
12 | which the Secretary immediately suspends a license under this | ||||||
13 | Section, a hearing
upon such person's license must be convened | ||||||
14 | by the Disciplinary Board within 15
days after such suspension | ||||||
15 | and completed without appreciable delay. The
Disciplinary | ||||||
16 | Board shall have the authority to review the subject | ||||||
17 | physician's
record of treatment and counseling regarding the | ||||||
18 | impairment, to the extent
permitted by applicable federal | ||||||
19 | statutes and regulations safeguarding the
confidentiality of | ||||||
20 | medical records.
| ||||||
21 | An individual licensed under this Act, affected under this | ||||||
22 | Section, shall be
afforded an opportunity to demonstrate to the | ||||||
23 | Disciplinary Board that they can
resume practice in compliance | ||||||
24 | with acceptable and prevailing standards under
the provisions | ||||||
25 | of their license.
| ||||||
26 | The Department may promulgate rules for the imposition of |
| |||||||
| |||||||
1 | fines in
disciplinary cases, not to exceed
$10,000 for each | ||||||
2 | violation of this Act. Fines
may be imposed in conjunction with | ||||||
3 | other forms of disciplinary action, but
shall not be the | ||||||
4 | exclusive disposition of any disciplinary action arising out
of | ||||||
5 | conduct resulting in death or injury to a patient. Any funds | ||||||
6 | collected from
such fines shall be deposited in the Medical | ||||||
7 | Disciplinary Fund.
| ||||||
8 | (B) The Department shall revoke the license or visiting
| ||||||
9 | permit of any person issued under this Act to practice medicine | ||||||
10 | or to treat
human ailments without the use of drugs and without | ||||||
11 | operative surgery, who
has been convicted a second time of | ||||||
12 | committing any felony under the
Illinois Controlled Substances | ||||||
13 | Act or the Methamphetamine Control and Community Protection | ||||||
14 | Act, or who has been convicted a second time of
committing a | ||||||
15 | Class 1 felony under Sections 8A-3 and 8A-6 of the Illinois | ||||||
16 | Public
Aid Code. A person whose license or visiting permit is | ||||||
17 | revoked
under
this subsection B of Section 22 of this Act shall | ||||||
18 | be prohibited from practicing
medicine or treating human | ||||||
19 | ailments without the use of drugs and without
operative | ||||||
20 | surgery.
| ||||||
21 | (C) The Medical Disciplinary Board shall recommend to the
| ||||||
22 | Department civil
penalties and any other appropriate | ||||||
23 | discipline in disciplinary cases when the
Board finds that a | ||||||
24 | physician willfully performed an abortion with actual
| ||||||
25 | knowledge that the person upon whom the abortion has been | ||||||
26 | performed is a minor
or an incompetent person without notice as |
| |||||||
| |||||||
1 | required under the Parental Notice
of Abortion Act of 1995. | ||||||
2 | Upon the Board's recommendation, the Department shall
impose, | ||||||
3 | for the first violation, a civil penalty of $1,000 and for a | ||||||
4 | second or
subsequent violation, a civil penalty of $5,000.
| ||||||
5 | (Source: P.A. 94-556, eff. 9-11-05; 94-677, eff. 8-25-05; | ||||||
6 | revised 12-15-05.)
| ||||||
7 | (225 ILCS 60/25) (from Ch. 111, par. 4400-25)
| ||||||
8 | (Section scheduled to be repealed on January 1, 2007)
| ||||||
9 | Sec. 25. The Director of the Department may, upon receipt | ||||||
10 | of a written
communication from the Secretary of Human | ||||||
11 | Services, the Director of Healthcare and Family Services | ||||||
12 | (formerly Director of
Public Aid ) , or the Director of Public | ||||||
13 | Health
that continuation of practice of a person licensed under
| ||||||
14 | this Act constitutes an immediate danger to the public, and
| ||||||
15 | after consultation with the Chief Medical Coordinator or
Deputy | ||||||
16 | Medical Coordinator, immediately suspend the license
of such | ||||||
17 | person without a hearing. In instances in which the
Director | ||||||
18 | immediately suspends a license under this Section,
a hearing | ||||||
19 | upon such person's license must be convened by the
Disciplinary | ||||||
20 | Board within 15 days after such suspension and
completed | ||||||
21 | without appreciable delay. Such hearing is to be
held to | ||||||
22 | determine whether to recommend to the Director that
the | ||||||
23 | person's license be revoked, suspended, placed on
probationary | ||||||
24 | status or reinstated, or whether such person
should be subject | ||||||
25 | to other disciplinary action. In the
hearing, the written |
| |||||||
| |||||||
1 | communication and any other evidence
submitted therewith may be | ||||||
2 | introduced as evidence against
such person; provided however, | ||||||
3 | the person, or their
counsel, shall have the opportunity to | ||||||
4 | discredit, impeach
and submit evidence rebutting such | ||||||
5 | evidence.
| ||||||
6 | (Source: P.A. 89-507, eff. 7-1-97; revised 12-15-05.)
| ||||||
7 | Section 705. The Naprapathic Practice Act is amended by | ||||||
8 | changing Section 110 as follows:
| ||||||
9 | (225 ILCS 63/110)
| ||||||
10 | (Section scheduled to be repealed on January 1, 2013)
| ||||||
11 | Sec. 110. Grounds for disciplinary action; refusal, | ||||||
12 | revocation,
suspension.
| ||||||
13 | (a) The Department may refuse to issue or to renew, or may | ||||||
14 | revoke, suspend,
place on probation, reprimand or take other | ||||||
15 | disciplinary action as
the
Department may deem proper, | ||||||
16 | including fines not to exceed $5,000 for each
violation, with | ||||||
17 | regard to any licensee or license for any one or
combination of
| ||||||
18 | the
following causes:
| ||||||
19 | (1) Violations of this Act or its rules.
| ||||||
20 | (2) Material misstatement in furnishing information to | ||||||
21 | the Department.
| ||||||
22 | (3) Conviction of any crime under the laws of any U.S. | ||||||
23 | jurisdiction
that is (i) a felony, (ii) a misdemeanor, an | ||||||
24 | essential element of which is
dishonesty, or (iii) directly |
| |||||||
| |||||||
1 | related to the practice of the profession.
| ||||||
2 | (4) Making any misrepresentation for the purpose of | ||||||
3 | obtaining
a license.
| ||||||
4 | (5) Professional incompetence or gross negligence.
| ||||||
5 | (6) Gross malpractice.
| ||||||
6 | (7) Aiding or assisting another person in violating any
| ||||||
7 | provision of
this Act or its rules.
| ||||||
8 | (8) Failing to provide information within 60 days in | ||||||
9 | response
to a
written request made by the Department.
| ||||||
10 | (9) Engaging in dishonorable, unethical, or | ||||||
11 | unprofessional
conduct of a
character likely to deceive, | ||||||
12 | defraud, or harm the public.
| ||||||
13 | (10) Habitual or excessive use or addiction to alcohol,
| ||||||
14 | narcotics,
stimulants, or any other chemical agent or drug | ||||||
15 | that results in the
inability to practice with reasonable | ||||||
16 | judgment, skill, or safety.
| ||||||
17 | (11) Discipline by another U.S. jurisdiction or | ||||||
18 | foreign
nation if at
least one of the grounds for the | ||||||
19 | discipline is the same or substantially
equivalent to those | ||||||
20 | set forth in this Act.
| ||||||
21 | (12) Directly or indirectly giving to or receiving from | ||||||
22 | any
person, firm,
corporation, partnership, or association | ||||||
23 | any fee, commission, rebate, or
other form of compensation | ||||||
24 | for any professional services not actually or
personally | ||||||
25 | rendered. This shall not be deemed to include rent or other
| ||||||
26 | remunerations paid to an individual, partnership, or |
| |||||||
| |||||||
1 | corporation by a
naprapath for the lease, rental, or use of | ||||||
2 | space, owned or controlled by
the individual, partnership, | ||||||
3 | corporation or association.
| ||||||
4 | (13) Using the title "Doctor" or its abbreviation | ||||||
5 | without further
clarifying that title or abbreviation with | ||||||
6 | the word "naprapath" or "naprapathy"
or the designation | ||||||
7 | "D.N.".
| ||||||
8 | (14) A finding by the Department that the licensee, | ||||||
9 | after
having his
or her license placed on probationary | ||||||
10 | status, has violated the terms of
probation.
| ||||||
11 | (15) Abandonment of a patient without cause.
| ||||||
12 | (16) Willfully making or filing false records or | ||||||
13 | reports
relating to a licensee's
practice, including but | ||||||
14 | not limited to, false records filed with State
agencies or | ||||||
15 | departments.
| ||||||
16 | (17) Willfully failing to report an instance of | ||||||
17 | suspected
child abuse or
neglect as required by the Abused | ||||||
18 | and Neglected Child Reporting Act.
| ||||||
19 | (18) Physical illness, including but not limited to,
| ||||||
20 | deterioration
through the aging process or loss of motor | ||||||
21 | skill that results in the
inability to practice the | ||||||
22 | profession with reasonable judgment, skill,
or safety.
| ||||||
23 | (19) Solicitation of professional services by means | ||||||
24 | other
than
permitted advertising.
| ||||||
25 | (20) Failure to provide a patient with a copy of his or | ||||||
26 | her
record
upon the written request of the patient.
|
| |||||||
| |||||||
1 | (21) Conviction by any court of competent | ||||||
2 | jurisdiction,
either within or
without this State, of any | ||||||
3 | violation of any law governing the practice of
naprapathy, | ||||||
4 | conviction in this or another state of any crime which is a
| ||||||
5 | felony under the laws of this State or conviction of a | ||||||
6 | felony in a federal
court, if the Department determines, | ||||||
7 | after investigation, that the person
has not been | ||||||
8 | sufficiently rehabilitated to warrant the public trust.
| ||||||
9 | (22) A finding that licensure has been applied for or
| ||||||
10 | obtained by
fraudulent means.
| ||||||
11 | (23) Continued practice by a person knowingly having an
| ||||||
12 | infectious or
contagious disease.
| ||||||
13 | (24) Being named as a perpetrator in an indicated | ||||||
14 | report by
the
Department of Children and Family Services | ||||||
15 | under the Abused and Neglected
Child Reporting Act and upon | ||||||
16 | proof by clear and convincing evidence that the
licensee | ||||||
17 | has caused a child to be an abused child or a neglected | ||||||
18 | child as
defined in the Abused and Neglected Child | ||||||
19 | Reporting Act.
| ||||||
20 | (25) Practicing or attempting to practice under a name | ||||||
21 | other
than the
full name shown on the license.
| ||||||
22 | (26) Immoral conduct in the commission of any act, such | ||||||
23 | as
sexual abuse,
sexual misconduct, or sexual | ||||||
24 | exploitation, related to the licensee's practice.
| ||||||
25 | (27) Maintaining a professional relationship with any | ||||||
26 | person,
firm, or
corporation when the naprapath knows, or |
| |||||||
| |||||||
1 | should know, that the person,
firm, or corporation is | ||||||
2 | violating this Act.
| ||||||
3 | (28) Promotion of the sale of food supplements, | ||||||
4 | devices,
appliances, or
goods provided for a client or | ||||||
5 | patient in such manner as to exploit the
patient or client | ||||||
6 | for financial gain of the licensee.
| ||||||
7 | (29) Having treated ailments of human beings other than | ||||||
8 | by
the
practice of naprapathy as defined in this Act, or | ||||||
9 | having treated ailments
of human beings as a licensed | ||||||
10 | naprapath independent of a documented
referral or | ||||||
11 | documented current and relevant diagnosis from a | ||||||
12 | physician,
dentist, or podiatrist, or having failed to | ||||||
13 | notify the physician, dentist,
or podiatrist who | ||||||
14 | established a documented current and relevant
diagnosis | ||||||
15 | that the patient is receiving naprapathic treatment | ||||||
16 | pursuant to
that diagnosis.
| ||||||
17 | (30) Use by a registered naprapath of the word | ||||||
18 | "infirmary",
"hospital",
"school", "university", in | ||||||
19 | English or any other language, in connection
with the place | ||||||
20 | where naprapathy may be practiced or demonstrated.
| ||||||
21 | (31) Continuance of a naprapath in the employ of any | ||||||
22 | person,
firm, or
corporation, or as an assistant to any | ||||||
23 | naprapath or naprapaths, directly or
indirectly, after his | ||||||
24 | or her employer or superior has been found guilty of
| ||||||
25 | violating or has been enjoined from violating the laws of | ||||||
26 | the State of
Illinois relating to the practice of |
| |||||||
| |||||||
1 | naprapathy when the employer or
superior persists in that | ||||||
2 | violation.
| ||||||
3 | (32) The performance of naprapathic service in | ||||||
4 | conjunction
with a scheme
or plan with another person, | ||||||
5 | firm, or corporation known to be advertising in
a manner | ||||||
6 | contrary to this Act or otherwise violating the laws of the | ||||||
7 | State
of Illinois concerning the practice of naprapathy.
| ||||||
8 | (33) Failure to provide satisfactory proof of having
| ||||||
9 | participated in
approved continuing education programs as | ||||||
10 | determined by the Committee and
approved by the Director. | ||||||
11 | Exceptions for extreme hardships are to be
defined by the | ||||||
12 | rules of the Department.
| ||||||
13 | (34) Willfully making or filing false records or | ||||||
14 | reports in
the practice
of naprapathy, including, but not | ||||||
15 | limited to, false records to support
claims against the | ||||||
16 | medical assistance program of the Department of Healthcare | ||||||
17 | and Family Services (formerly Department of Public
Aid )
| ||||||
18 | under the Illinois Public Aid Code.
| ||||||
19 | (35) Gross or willful overcharging for
professional | ||||||
20 | services
including
filing false statements for collection | ||||||
21 | of fees for which services are not
rendered, including, but | ||||||
22 | not limited to, filing false statements for
collection of | ||||||
23 | monies for services not rendered from the medical | ||||||
24 | assistance
program of the Department of Healthcare and | ||||||
25 | Family Services (formerly Department of Public Aid ) under | ||||||
26 | the Illinois Public Aid Code.
|
| |||||||
| |||||||
1 | (36) Mental illness, including, but not limited to, | ||||||
2 | deterioration
through
the aging process or loss of motor | ||||||
3 | skill that results in the inability to
practice the | ||||||
4 | profession with reasonable judgment, skill, or safety.
| ||||||
5 | The Department may refuse to issue or may suspend the | ||||||
6 | license of any
person who fails to (i) file a return or to pay | ||||||
7 | the tax, penalty or interest
shown in a filed return or (ii) | ||||||
8 | pay any final assessment of the tax, penalty,
or interest as | ||||||
9 | required by any tax Act administered by the Illinois
Department | ||||||
10 | of Revenue, until the time that the requirements of that tax
| ||||||
11 | Act are satisfied.
| ||||||
12 | (b) The determination by a circuit court that a licensee is | ||||||
13 | subject to
involuntary admission or judicial admission as | ||||||
14 | provided in the Mental
Health and Developmental Disabilities | ||||||
15 | Code operates as an
automatic suspension. The suspension will | ||||||
16 | end only upon a finding by a
court that the patient is no | ||||||
17 | longer subject to involuntary admission or
judicial admission, | ||||||
18 | the issuance of an order so finding and discharging the
| ||||||
19 | patient, and the recommendation of the Committee to the | ||||||
20 | Director that
the licensee be allowed to resume his or her | ||||||
21 | practice.
| ||||||
22 | (c) In enforcing this Section, the Department, upon a | ||||||
23 | showing of a
possible
violation, may compel any person licensed | ||||||
24 | to practice under this Act or who has
applied
for licensure or | ||||||
25 | certification pursuant to this Act to submit to a mental or
| ||||||
26 | physical
examination, or both, as required by and at the |
| |||||||
| |||||||
1 | expense of the Department. The
examining physicians shall be | ||||||
2 | those specifically designated by the Department.
The
| ||||||
3 | Department may order the examining physician to present | ||||||
4 | testimony concerning
this
mental or physical examination of the | ||||||
5 | licensee or applicant. No information
shall be
excluded by | ||||||
6 | reason of any common law or statutory privilege relating to
| ||||||
7 | communications
between the licensee or applicant and the | ||||||
8 | examining physician. The person to be
examined may have, at his | ||||||
9 | or her own expense, another physician of his or her
choice
| ||||||
10 | present during all aspects of the examination. Failure of any | ||||||
11 | person to submit
to a mental
or physical examination, when | ||||||
12 | directed, shall be grounds for suspension of a
license until
| ||||||
13 | the person submits to the examination if the Department finds, | ||||||
14 | after notice and
hearing,
that the refusal to submit to the | ||||||
15 | examination was without reasonable cause.
| ||||||
16 | If the Department finds an individual unable to practice | ||||||
17 | because of the
reasons set
forth in this Section, the | ||||||
18 | Department may require that individual to submit to
care,
| ||||||
19 | counseling, or treatment by physicians approved or designated | ||||||
20 | by the
Department, as a
condition, term, or restriction for | ||||||
21 | continued, reinstated, or renewed licensure
to practice
or, in | ||||||
22 | lieu of care, counseling, or treatment, the Department may file | ||||||
23 | a
complaint to
immediately suspend, revoke, or otherwise | ||||||
24 | discipline the license of the
individual.
| ||||||
25 | Any person whose license was granted, continued, | ||||||
26 | reinstated, renewed,
disciplined, or supervised subject to |
| |||||||
| |||||||
1 | such terms, conditions, or restrictions
and
who fails to comply | ||||||
2 | with such terms, conditions, or restrictions shall be
referred | ||||||
3 | to
the Director for a determination as to whether the person | ||||||
4 | shall have his or her
license suspended immediately, pending a | ||||||
5 | hearing by the Department.
| ||||||
6 | In instances in which the Director immediately suspends a | ||||||
7 | person's license
under this Section, a hearing on that person's | ||||||
8 | license must be convened by the
Department within 15 days after | ||||||
9 | the suspension and completed without
appreciable delay. The | ||||||
10 | Department shall have the authority to review the
subject
| ||||||
11 | person's record of treatment and counseling regarding the | ||||||
12 | impairment, to the
extent permitted by applicable federal | ||||||
13 | statutes and regulations safeguarding
the
confidentiality of | ||||||
14 | medical records.
| ||||||
15 | A person licensed under this Act and affected under this | ||||||
16 | Section shall be
afforded an opportunity to demonstrate to the | ||||||
17 | Department that he or she can
resume practice in compliance | ||||||
18 | with acceptable and prevailing standards under
the
provisions | ||||||
19 | of his or her license.
| ||||||
20 | (Source: P.A. 92-655, eff. 7-16-02; revised 12-15-05.)
| ||||||
21 | Section 710. The Nursing and Advanced Practice Nursing Act | ||||||
22 | is amended by changing Sections 10-45, 20-40, and 20-55 as | ||||||
23 | follows:
| ||||||
24 | (225 ILCS 65/10-45)
|
| |||||||
| |||||||
1 | (Section scheduled to be repealed on January 1, 2008)
| ||||||
2 | Sec. 10-45. Grounds for disciplinary action.
| ||||||
3 | (a) The Department may, upon recommendation of the Board, | ||||||
4 | refuse to issue or
to renew, or may revoke, suspend, place on
| ||||||
5 | probation, reprimand, or take other disciplinary action as the | ||||||
6 | Department
may deem appropriate with regard to a license for | ||||||
7 | any one or combination
of the causes set forth in subsection | ||||||
8 | (b) below. Fines up to
$2,500 may be imposed
in conjunction | ||||||
9 | with other forms of disciplinary action for those violations
| ||||||
10 | that result in monetary gain for the licensee. Fines shall not | ||||||
11 | be
the
exclusive disposition of any disciplinary action arising | ||||||
12 | out of conduct
resulting in death or injury to a patient. Fines | ||||||
13 | shall not be assessed in
disciplinary actions involving mental | ||||||
14 | or physical illness or impairment.
All fines collected under | ||||||
15 | this Section shall be deposited in the Nursing
Dedicated and | ||||||
16 | Professional Fund.
| ||||||
17 | (b) Grounds for disciplinary action include the following:
| ||||||
18 | (1) Material deception in furnishing information to | ||||||
19 | the
Department.
| ||||||
20 | (2) Material violations of any provision of this Act or | ||||||
21 | violation of the rules of or final administrative action of
| ||||||
22 | the Director, after consideration of the recommendation of | ||||||
23 | the Board.
| ||||||
24 | (3) Conviction of any crime under the laws of any | ||||||
25 | jurisdiction
of the
United States: (i) which is a felony; | ||||||
26 | or (ii) which is a misdemeanor, an
essential element of |
| |||||||
| |||||||
1 | which is dishonesty, or (iii) of any crime which is
| ||||||
2 | directly related to the practice of the profession.
| ||||||
3 | (4) A pattern of practice or other behavior which | ||||||
4 | demonstrates
incapacity
or incompetency to practice under | ||||||
5 | this Act.
| ||||||
6 | (5) Knowingly aiding or assisting another person in | ||||||
7 | violating
any
provision of this Act or rules.
| ||||||
8 | (6) Failing, within 90 days, to provide a response to a | ||||||
9 | request
for
information in response to a written request | ||||||
10 | made by the Department by
certified mail.
| ||||||
11 | (7) Engaging in dishonorable, unethical or | ||||||
12 | unprofessional
conduct of a
character likely to deceive, | ||||||
13 | defraud or harm the public, as defined by
rule.
| ||||||
14 | (8) Unlawful sale or distribution of any drug, | ||||||
15 | narcotic, or
prescription
device, or unlawful conversion | ||||||
16 | of any drug, narcotic or prescription
device.
| ||||||
17 | (9) Habitual or excessive use or addiction to alcohol,
| ||||||
18 | narcotics,
stimulants, or any other chemical agent or drug | ||||||
19 | which results in a licensee's
inability to practice with | ||||||
20 | reasonable judgment, skill or safety.
| ||||||
21 | (10) Discipline by another U.S. jurisdiction or | ||||||
22 | foreign
nation, if at
least one of the grounds for the | ||||||
23 | discipline is the same or substantially
equivalent to those | ||||||
24 | set forth in this Section.
| ||||||
25 | (11) A finding that the licensee, after having her or | ||||||
26 | his
license placed on
probationary status, has violated the |
| |||||||
| |||||||
1 | terms of probation.
| ||||||
2 | (12) Being named as a perpetrator in an indicated | ||||||
3 | report by
the
Department of Children and Family Services | ||||||
4 | and under the Abused and
Neglected Child Reporting Act, and | ||||||
5 | upon proof by clear and
convincing evidence that the | ||||||
6 | licensee has caused a child to be an abused
child or | ||||||
7 | neglected child as defined in the Abused and Neglected | ||||||
8 | Child
Reporting Act.
| ||||||
9 | (13) Willful omission to file or record, or willfully | ||||||
10 | impeding
the
filing or recording or inducing another person | ||||||
11 | to omit to file or record
medical reports as required by | ||||||
12 | law or willfully failing to report an
instance of suspected | ||||||
13 | child abuse or neglect as required by the Abused and
| ||||||
14 | Neglected Child Reporting Act.
| ||||||
15 | (14) Gross negligence in the practice of nursing.
| ||||||
16 | (15) Holding oneself out to be practicing nursing under | ||||||
17 | any
name other
than one's own.
| ||||||
18 | (16) Fraud, deceit or misrepresentation in applying | ||||||
19 | for or
procuring
a license under this Act or in connection | ||||||
20 | with applying for renewal of a
license under this Act.
| ||||||
21 | (17) Allowing another person or organization to use the
| ||||||
22 | licensees'
license to deceive the public.
| ||||||
23 | (18) Willfully making or filing false records or | ||||||
24 | reports in
the
licensee's practice, including but not | ||||||
25 | limited to false
records to support claims against the | ||||||
26 | medical assistance program of the
Department of Healthcare |
| |||||||
| |||||||
1 | and Family Services (formerly Department of Public Aid )
| ||||||
2 | under the Illinois Public Aid Code.
| ||||||
3 | (19) Attempting to subvert or cheat on a nurse | ||||||
4 | licensing
examination
administered under this Act.
| ||||||
5 | (20) Immoral conduct in the commission of an act, such | ||||||
6 | as sexual abuse,
sexual misconduct, or sexual | ||||||
7 | exploitation, related to the licensee's practice.
| ||||||
8 | (21) Willfully or negligently violating the | ||||||
9 | confidentiality
between nurse
and patient except as | ||||||
10 | required by law.
| ||||||
11 | (22) Practicing under a false or assumed name, except | ||||||
12 | as provided by law.
| ||||||
13 | (23) The use of any false, fraudulent, or deceptive | ||||||
14 | statement
in any
document connected with the licensee's | ||||||
15 | practice.
| ||||||
16 | (24) Directly or indirectly giving to or receiving from | ||||||
17 | a person, firm,
corporation, partnership, or association a | ||||||
18 | fee, commission, rebate, or other
form of compensation for | ||||||
19 | professional services not actually or personally
rendered.
| ||||||
20 | (25) Failure of a licensee to report to the Department | ||||||
21 | any
adverse final
action taken against such licensee by | ||||||
22 | another licensing jurisdiction (any other
jurisdiction of | ||||||
23 | the United States or any foreign state or country), by any
| ||||||
24 | peer review body, by any health care institution, by any | ||||||
25 | professional or
nursing society or association, by any | ||||||
26 | governmental agency, by any law
enforcement agency, or by |
| |||||||
| |||||||
1 | any court or a nursing liability claim related to
acts or | ||||||
2 | conduct similar to acts or conduct that would constitute
| ||||||
3 | grounds
for action as defined in this Section.
| ||||||
4 | (26) Failure of a licensee to report to the Department
| ||||||
5 | surrender by the
licensee of a license or authorization to | ||||||
6 | practice nursing in another state
or jurisdiction, or | ||||||
7 | current surrender by the licensee of membership on any
| ||||||
8 | nursing staff or in any nursing or professional association | ||||||
9 | or society
while under disciplinary investigation by any of | ||||||
10 | those authorities or
bodies for acts or conduct similar to | ||||||
11 | acts or conduct that would
constitute grounds for action as | ||||||
12 | defined by this Section.
| ||||||
13 | (27) A violation of the Health Care Worker | ||||||
14 | Self-Referral Act.
| ||||||
15 | (28) Physical illness, including but not limited to | ||||||
16 | deterioration
through
the aging process or loss of motor | ||||||
17 | skill, mental illness, or disability that
results in the | ||||||
18 | inability to practice the profession with reasonable | ||||||
19 | judgment,
skill, or safety.
| ||||||
20 | (c) The determination by a circuit court that a licensee is
| ||||||
21 | subject to
involuntary admission or judicial admission as | ||||||
22 | provided in the Mental
Health and Developmental Disabilities | ||||||
23 | Code, as amended, operates as an
automatic suspension. The | ||||||
24 | suspension will end only upon a finding
by a
court that the | ||||||
25 | patient is no longer subject to involuntary admission or
| ||||||
26 | judicial admission and issues an order so finding and |
| |||||||
| |||||||
1 | discharging the
patient; and upon the recommendation of the | ||||||
2 | Board to the
Director that
the licensee be allowed to resume | ||||||
3 | his or her practice.
| ||||||
4 | (d) The Department may refuse to issue or may suspend the
| ||||||
5 | license of any
person who fails to file a return, or to pay the | ||||||
6 | tax, penalty or interest
shown in a filed return, or to pay any | ||||||
7 | final assessment of the tax,
penalty, or interest as required | ||||||
8 | by any tax Act administered by the
Illinois Department of | ||||||
9 | Revenue, until such time as the requirements of any
such tax | ||||||
10 | Act are satisfied.
| ||||||
11 | (e) In enforcing this Section, the Department or Board upon | ||||||
12 | a showing of a
possible
violation may compel an individual | ||||||
13 | licensed to practice under this Act, or
who has applied for | ||||||
14 | licensure under this Act, to submit
to a mental or physical | ||||||
15 | examination, or both, as required by and at the expense
of the | ||||||
16 | Department. The Department or Board may order the examining | ||||||
17 | physician to
present
testimony concerning the mental or | ||||||
18 | physical examination of the licensee or
applicant. No | ||||||
19 | information shall be excluded by reason of any common law or
| ||||||
20 | statutory privilege relating to communications between the | ||||||
21 | licensee or
applicant and the examining physician. The | ||||||
22 | examining
physicians
shall be specifically designated by the | ||||||
23 | Board or Department.
The individual to be examined may have, at | ||||||
24 | his or her own expense, another
physician of his or her choice | ||||||
25 | present during all
aspects of this examination. Failure of an | ||||||
26 | individual to submit to a mental
or
physical examination, when |
| |||||||
| |||||||
1 | directed, shall be grounds for suspension of his or
her
license | ||||||
2 | until the individual submits to the examination if the | ||||||
3 | Department
finds,
after notice and hearing, that the refusal to | ||||||
4 | submit to the examination was
without reasonable cause.
| ||||||
5 | If the Department or Board finds an individual unable to | ||||||
6 | practice because
of
the
reasons
set forth in this Section, the | ||||||
7 | Department or Board may require that individual
to submit
to
| ||||||
8 | care, counseling, or treatment by physicians approved
or | ||||||
9 | designated by the Department or Board, as a condition, term, or | ||||||
10 | restriction
for continued,
reinstated, or
renewed licensure to | ||||||
11 | practice; or, in lieu of care, counseling, or treatment,
the | ||||||
12 | Department may file, or
the Board may recommend to the | ||||||
13 | Department to file, a complaint to immediately
suspend, revoke, | ||||||
14 | or otherwise discipline the license of the individual.
An | ||||||
15 | individual whose
license was granted, continued, reinstated, | ||||||
16 | renewed, disciplined or supervised
subject to such terms, | ||||||
17 | conditions, or restrictions, and who fails to comply
with
such | ||||||
18 | terms, conditions, or restrictions, shall be referred to the | ||||||
19 | Director for
a
determination as to whether the individual shall | ||||||
20 | have his or her license
suspended immediately, pending a | ||||||
21 | hearing by the Department.
| ||||||
22 | In instances in which the Director immediately suspends a | ||||||
23 | person's license
under this Section, a hearing on that person's | ||||||
24 | license must be convened by
the Department within 15 days after | ||||||
25 | the suspension and completed without
appreciable
delay.
The | ||||||
26 | Department and Board shall have the authority to review the |
| |||||||
| |||||||
1 | subject
individual's record of
treatment and counseling | ||||||
2 | regarding the impairment to the extent permitted by
applicable | ||||||
3 | federal statutes and regulations safeguarding the | ||||||
4 | confidentiality of
medical records.
| ||||||
5 | An individual licensed under this Act and affected under | ||||||
6 | this Section shall
be
afforded an opportunity to demonstrate to | ||||||
7 | the Department or Board that he or
she can resume
practice in | ||||||
8 | compliance with acceptable and prevailing standards under the
| ||||||
9 | provisions of his or her license.
| ||||||
10 | (Source: P.A. 90-742, eff. 8-13-98; revised 12-15-05.)
| ||||||
11 | (225 ILCS 65/20-40)
| ||||||
12 | (Section scheduled to be repealed on January 1, 2008)
| ||||||
13 | Sec. 20-40. Fund. There is hereby created within the State | ||||||
14 | Treasury the
Nursing Dedicated and Professional Fund. The | ||||||
15 | monies in the Fund may be
used by and at the direction of the | ||||||
16 | Department for the administration and
enforcement of this Act, | ||||||
17 | including but not limited to:
| ||||||
18 | (a) Distribution and publication of the Nursing and | ||||||
19 | Advanced Practice
Nursing Act and the rules at the time of | ||||||
20 | renewal to all persons licensed by
the Department under | ||||||
21 | this Act.
| ||||||
22 | (b) Employment of secretarial, nursing, | ||||||
23 | administrative, enforcement, and
other staff for the | ||||||
24 | administration of this Act.
| ||||||
25 | (c) Conducting a survey, as prescribed by rule of the |
| |||||||
| |||||||
1 | Department, once
every 4 years during the license renewal | ||||||
2 | period.
| ||||||
3 | (d) Conducting of training seminars for licensees | ||||||
4 | under this Act relating
to the obligations, | ||||||
5 | responsibilities, enforcement and other provisions of
the | ||||||
6 | Act and its rules.
| ||||||
7 | (e) Disposition of Fees:
| ||||||
8 | (i) (Blank).
| ||||||
9 | (ii) All of the fees and fines collected pursuant | ||||||
10 | to
this Act shall be deposited in the Nursing Dedicated | ||||||
11 | and Professional Fund.
| ||||||
12 | (iii) For the fiscal year beginning July 1, 1988, | ||||||
13 | the moneys deposited
in the Nursing Dedicated and | ||||||
14 | Professional Fund shall be appropriated to the
| ||||||
15 | Department for expenses of the Department and the Board | ||||||
16 | in the
administration of this Act. All earnings | ||||||
17 | received from investment of
moneys in the Nursing | ||||||
18 | Dedicated and Professional Fund shall be
deposited in | ||||||
19 | the Nursing Dedicated and Professional Fund and shall | ||||||
20 | be used
for the same purposes as fees deposited in the | ||||||
21 | Fund.
| ||||||
22 | (iv) For the fiscal year beginning July 1, 2004 and | ||||||
23 | for
each fiscal
year thereafter, $1,200,000 of the | ||||||
24 | moneys deposited in the
Nursing Dedicated
and | ||||||
25 | Professional Fund each year shall be set aside and | ||||||
26 | appropriated to the
Illinois
Department of Public |
| |||||||
| |||||||
1 | Health for nursing scholarships awarded pursuant to
| ||||||
2 | the Nursing Education Scholarship Law.
Representatives
| ||||||
3 | of the Department and the Nursing Education | ||||||
4 | Scholarship Program Advisory
Council shall review this | ||||||
5 | requirement and
the scholarship awards every 2 years.
| ||||||
6 | (v) Moneys in the Fund may be transferred to the | ||||||
7 | Professions
Indirect Cost Fund as authorized under | ||||||
8 | Section 2105-300 of the
Department of Professional | ||||||
9 | Regulation Law (20 ILCS 2105/2105-300).
| ||||||
10 | (f) Moneys set aside for nursing scholarships awarded | ||||||
11 | pursuant to
the Nursing Education Scholarship Law as | ||||||
12 | provided in item (iv) of subsection (e) of this Section may | ||||||
13 | not be transferred under Section 8h of the State Finance | ||||||
14 | Act. | ||||||
15 | (Source: P.A. 92-46, eff. 7-1-01; 93-806, eff. 7-24-04; | ||||||
16 | 93-1054, eff. 11-18-04; revised 12-1-04.)
| ||||||
17 | (225 ILCS 65/20-55)
| ||||||
18 | (Section scheduled to be repealed on January 1, 2008)
| ||||||
19 | Sec. 20-55. Suspension for imminent danger. The Director of | ||||||
20 | the
Department may, upon receipt of a written
communication | ||||||
21 | from the Secretary of Human Services, the Director of | ||||||
22 | Healthcare and Family Services (formerly Director of Public | ||||||
23 | Aid ) ,
or the Director of Public Health
that continuation of | ||||||
24 | practice of a person licensed under this
Act constitutes an | ||||||
25 | immediate danger to the public, immediately suspend the
license |
| |||||||
| |||||||
1 | of such person without a hearing. In instances in which the
| ||||||
2 | Director immediately suspends a license under this Section, a | ||||||
3 | hearing upon
such person's license must be convened by the | ||||||
4 | Department within 30
days
after such suspension and completed | ||||||
5 | without appreciable delay, such hearing
held to determine | ||||||
6 | whether to recommend to the Director that the person's
license | ||||||
7 | be revoked, suspended, placed on probationary status or | ||||||
8 | reinstated,
or such person be subject to other disciplinary | ||||||
9 | action. In such hearing,
the written communication and any | ||||||
10 | other evidence submitted therewith may be
introduced as | ||||||
11 | evidence against such person; provided, however, the person,
or | ||||||
12 | his or her counsel, shall have the opportunity to discredit or | ||||||
13 | impeach
and
submit evidence rebutting such evidence.
| ||||||
14 | (Source: P.A. 89-507, eff. 7-1-97; 90-61, eff. 12-30-97; | ||||||
15 | 90-742, eff.
8-13-98; revised 12-15-05.)
| ||||||
16 | Section 715. The Mail Order Contact Lens Act is amended by | ||||||
17 | changing Section 20 as follows:
| ||||||
18 | (225 ILCS 83/20)
| ||||||
19 | Sec. 20. Nonresident mail-order ophthalmic
opthalmic
| ||||||
20 | provider
registration. | ||||||
21 | (a) The Department shall require and provide for an annual | ||||||
22 | registration for
all mail-order ophthalmic providers located | ||||||
23 | outside of this State, including
those providing services via | ||||||
24 | the Internet, that dispense
contact lenses to Illinois |
| |||||||
| |||||||
1 | residents. A mail-order ophthalmic provider's
registration | ||||||
2 | shall be
granted by the Department upon the disclosure and | ||||||
3 | certification by a mail-order
ophthalmic provider of all of the | ||||||
4 | following:
| ||||||
5 | (1) That it is licensed or registered to distribute | ||||||
6 | contact lenses in the
state in which the dispensing
| ||||||
7 | facility is located and from which the contact lenses are | ||||||
8 | dispensed, if
required.
| ||||||
9 | (2) The location, names, and titles of all principal | ||||||
10 | corporate officers
and the person who is responsible for | ||||||
11 | overseeing the dispensing of contact
lenses to residents
of | ||||||
12 | this State.
| ||||||
13 | (3) That it complies with all lawful directions and | ||||||
14 | appropriate requests
for
information from the appropriate | ||||||
15 | agency of each state in which it is licensed
or
registered.
| ||||||
16 | (4) That it will respond directly to all communications | ||||||
17 | from
the Department concerning emergency circumstances | ||||||
18 | arising from the dispensing
of contact lenses to residents | ||||||
19 | of this State.
| ||||||
20 | (5) That it maintains its records of contact lenses | ||||||
21 | dispensed to
residents of this State so that the records | ||||||
22 | are readily retrievable.
| ||||||
23 | (6) That it cooperates with the Department in providing | ||||||
24 | information to the
appropriate agency of the state in which | ||||||
25 | it is licensed or registered
concerning matters related to | ||||||
26 | the dispensing of contact lenses to residents of
this |
| |||||||
| |||||||
1 | State.
| ||||||
2 | (7) That it conducts business in a manner that conforms | ||||||
3 | with Section 10 of
this Act.
| ||||||
4 | (8) That it provides a toll-free telephone service for | ||||||
5 | responding to
patient
questions and complaints during its | ||||||
6 | regular hours of operation.
The toll-free number shall
be
| ||||||
7 | included in literature provided with mailed contact | ||||||
8 | lenses. All questions
relating to eye care for the lenses | ||||||
9 | prescribed shall be referred back to the
contact lens | ||||||
10 | prescriber.
| ||||||
11 | (9) That it provides the following or a substantially | ||||||
12 | equivalent written
notification to the patient whenever | ||||||
13 | contact lenses are supplied: WARNING: IF
YOU ARE HAVING ANY | ||||||
14 | OF THE FOLLOWING SYMPTOMS REMOVE YOUR LENSES IMMEDIATELY | ||||||
15 | AND
CONSULT YOUR EYE CARE PRACTITIONER BEFORE WEARING YOUR | ||||||
16 | LENSES AGAIN:
UNEXPLAINED EYE DISCOMFORT, WATERING, VISION | ||||||
17 | CHANGE, OR
REDNESS.
| ||||||
18 | (b) The Department shall provide a copy of this Act and its | ||||||
19 | rules, and the
Illinois Optometric Practice Act of 1987 and its | ||||||
20 | rules, with each application
for
registration.
| ||||||
21 | (Source: P.A. 91-421, eff. 1-1-00; revised 10-13-05.)
| ||||||
22 | Section 720. The Pharmacy Practice Act of 1987 is amended | ||||||
23 | by changing Sections 30 and 33 as follows:
| ||||||
24 | (225 ILCS 85/30) (from Ch. 111, par. 4150)
|
| |||||||
| |||||||
1 | (Section scheduled to be repealed on January 1, 2008)
| ||||||
2 | Sec. 30. (a) In accordance with Section 11 of this Act, the | ||||||
3 | Department
may refuse to issue, restore, or renew, or may | ||||||
4 | revoke, suspend, place on
probation, reprimand or take other | ||||||
5 | disciplinary action as the Department
may deem proper with | ||||||
6 | regard to any license or certificate of registration
for any | ||||||
7 | one or combination of the following causes:
| ||||||
8 | 1. Material misstatement in furnishing information to | ||||||
9 | the Department.
| ||||||
10 | 2. Violations of this Act, or the rules promulgated | ||||||
11 | hereunder.
| ||||||
12 | 3. Making any misrepresentation for the purpose of | ||||||
13 | obtaining licenses.
| ||||||
14 | 4. A pattern of conduct which demonstrates | ||||||
15 | incompetence or unfitness
to practice.
| ||||||
16 | 5. Aiding or assisting another person in violating any | ||||||
17 | provision of
this Act or rules.
| ||||||
18 | 6. Failing, within 60 days, to respond to a written | ||||||
19 | request made by
the Department for information.
| ||||||
20 | 7. Engaging in dishonorable, unethical or | ||||||
21 | unprofessional conduct of
a character likely to deceive, | ||||||
22 | defraud or harm the public.
| ||||||
23 | 8. Discipline by another U.S. jurisdiction or foreign | ||||||
24 | nation, if at
least one of the grounds for the discipline | ||||||
25 | is the same or substantially
equivalent to those set forth | ||||||
26 | herein.
|
| |||||||
| |||||||
1 | 9. Directly or indirectly giving to or receiving from | ||||||
2 | any person, firm,
corporation, partnership or association | ||||||
3 | any fee, commission, rebate
or other form of compensation | ||||||
4 | for any professional services not actually
or personally | ||||||
5 | rendered.
| ||||||
6 | 10. A finding by the Department that the licensee, | ||||||
7 | after having his
license placed on probationary status has | ||||||
8 | violated the terms of probation.
| ||||||
9 | 11. Selling or engaging in the sale of drug samples | ||||||
10 | provided at no
cost by drug manufacturers.
| ||||||
11 | 12. Physical illness, including but not limited to, | ||||||
12 | deterioration through
the aging process, or loss of motor | ||||||
13 | skill which results in the inability
to practice the | ||||||
14 | profession with reasonable judgment, skill or safety.
| ||||||
15 | 13. A finding that licensure or registration has been | ||||||
16 | applied for or
obtained by fraudulent means.
| ||||||
17 | 14. The applicant, or licensee has been convicted in | ||||||
18 | state or federal
court of any crime which is a felony or | ||||||
19 | any misdemeanor related to
the practice of pharmacy, of | ||||||
20 | which an essential element is dishonesty.
| ||||||
21 | 15. Habitual or excessive use or addiction to alcohol, | ||||||
22 | narcotics, stimulants
or any other chemical agent or drug | ||||||
23 | which results in the inability
to practice with reasonable | ||||||
24 | judgment, skill or safety.
| ||||||
25 | 16. Willfully making or filing false records or reports | ||||||
26 | in the practice
of pharmacy, including, but not limited to |
| |||||||
| |||||||
1 | false records to support
claims against the medical | ||||||
2 | assistance program of the Department of Healthcare and | ||||||
3 | Family Services (formerly Department of
Public Aid ) under | ||||||
4 | the Public Aid Code.
| ||||||
5 | 17. Gross and willful overcharging for professional | ||||||
6 | services including
filing false statements for collection | ||||||
7 | of fees for which services are
not rendered, including, but | ||||||
8 | not limited to, filing false statements
for collection of | ||||||
9 | monies for services not rendered from the medical
| ||||||
10 | assistance program of the Department of Healthcare and | ||||||
11 | Family Services (formerly Department of Public Aid ) under | ||||||
12 | the Public Aid Code.
| ||||||
13 | 18. Repetitiously dispensing prescription drugs | ||||||
14 | without receiving a
written or oral prescription.
| ||||||
15 | 19. Upon a finding of a substantial discrepancy in a | ||||||
16 | Department audit
of a prescription drug, including | ||||||
17 | controlled substances, as that term
is defined in this Act | ||||||
18 | or in the Illinois Controlled Substances Act.
| ||||||
19 | 20. Physical illness which results in the inability to | ||||||
20 | practice with
reasonable judgment, skill or safety, or | ||||||
21 | mental incompetency as declared
by a court of competent | ||||||
22 | jurisdiction.
| ||||||
23 | 21. Violation of the Health Care Worker Self-Referral | ||||||
24 | Act.
| ||||||
25 | 22. Failing to sell or dispense any drug, medicine, or | ||||||
26 | poison in good
faith. "Good faith", for the purposes of |
| |||||||
| |||||||
1 | this Section, has the meaning
ascribed
to it in subsection | ||||||
2 | (u) of Section 102 of the Illinois Controlled Substances
| ||||||
3 | Act.
| ||||||
4 | 23. Interfering with the professional judgment of a | ||||||
5 | pharmacist by
any registrant under this Act, or his or her | ||||||
6 | agents or employees.
| ||||||
7 | (b) The Department may refuse to issue or may suspend the | ||||||
8 | license or
registration of any person who fails to file a | ||||||
9 | return, or to pay the tax,
penalty or interest shown in a filed | ||||||
10 | return, or to pay any final assessment
of tax, penalty or | ||||||
11 | interest, as required by any tax Act administered by the
| ||||||
12 | Illinois Department of Revenue, until such time as the | ||||||
13 | requirements of any
such tax Act are satisfied.
| ||||||
14 | (c) The Department shall revoke the license or certificate | ||||||
15 | of
registration issued under the provisions of this Act or any | ||||||
16 | prior Act of
this State of any person who has been convicted a | ||||||
17 | second time of committing
any felony under the Illinois | ||||||
18 | Controlled Substances Act, or who
has been convicted a second | ||||||
19 | time of committing a Class 1 felony under
Sections 8A-3 and | ||||||
20 | 8A-6 of the Illinois Public Aid Code. A
person whose license or | ||||||
21 | certificate of registration issued under the
provisions of this | ||||||
22 | Act or any prior Act of this State is revoked under this
| ||||||
23 | subsection (c) shall be prohibited from engaging in the | ||||||
24 | practice of
pharmacy in this State.
| ||||||
25 | (d) In any order issued in resolution of a disciplinary | ||||||
26 | proceeding,
the Board may request any licensee found guilty of |
| |||||||
| |||||||
1 | a charge involving a
significant violation of subsection (a) of | ||||||
2 | Section 5, or paragraph 19 of
Section 30 as it pertains to | ||||||
3 | controlled substances, to pay to the
Department a fine not to | ||||||
4 | exceed $2,000.
| ||||||
5 | (e) In any order issued in resolution of a disciplinary | ||||||
6 | proceeding, in
addition to any other disciplinary action, the | ||||||
7 | Board may request any
licensee found guilty of noncompliance | ||||||
8 | with the continuing education
requirements of Section 12 to pay | ||||||
9 | the Department a fine not to exceed $1000.
| ||||||
10 | (f) The Department shall issue quarterly to the Board a | ||||||
11 | status of all
complaints related to the profession received by | ||||||
12 | the Department.
| ||||||
13 | (Source: P.A. 92-880, eff. 1-1-04; revised 12-15-05.)
| ||||||
14 | (225 ILCS 85/33) (from Ch. 111, par. 4153)
| ||||||
15 | (Section scheduled to be repealed on January 1, 2008)
| ||||||
16 | Sec. 33. The Director of the Department may, upon receipt | ||||||
17 | of a
written communication from the Secretary of Human | ||||||
18 | Services, the Director of Healthcare and Family Services | ||||||
19 | (formerly Director of
Public Aid ) , or the Director of Public | ||||||
20 | Health
that continuation of practice of a person
licensed or | ||||||
21 | registered under this Act constitutes an immediate danger
to | ||||||
22 | the public, immediately suspend the license or registration of | ||||||
23 | such
person without a hearing. In instances in which the | ||||||
24 | Director immediately
suspends a license or registration under | ||||||
25 | this Act, a hearing
upon such person's license must be convened |
| |||||||
| |||||||
1 | by the Board within 15 days
after such suspension and completed | ||||||
2 | without appreciable delay, such
hearing held to determine | ||||||
3 | whether to recommend to the Director that
the person's license | ||||||
4 | be revoked, suspended, placed on probationary
status or | ||||||
5 | reinstated, or such person be subject to other disciplinary
| ||||||
6 | action. In such hearing, the written communication and any | ||||||
7 | other evidence
submitted therewith may be introduced as | ||||||
8 | evidence against such person;
provided however, the person, or | ||||||
9 | his counsel, shall have the opportunity
to discredit or impeach | ||||||
10 | such evidence and submit evidence rebutting
same.
| ||||||
11 | (Source: P.A. 89-507, eff. 7-1-97; 90-655, eff. 7-30-98; | ||||||
12 | revised 12-15-05.)
| ||||||
13 | Section 725. The Podiatric Medical Practice Act of 1987 is | ||||||
14 | amended by changing Section 24 as follows:
| ||||||
15 | (225 ILCS 100/24) (from Ch. 111, par. 4824)
| ||||||
16 | (Section scheduled to be repealed on January 1, 2008)
| ||||||
17 | Sec. 24. Refusal to issue or suspension or revocation of
| ||||||
18 | license; grounds. The Department may refuse to issue, may | ||||||
19 | refuse to renew,
may refuse to restore, may suspend, or may | ||||||
20 | revoke any license, or may place
on probation, reprimand or | ||||||
21 | take other disciplinary action as the
Department may deem | ||||||
22 | proper, including fines not to exceed $5,000
for each violation | ||||||
23 | upon anyone licensed under this Act for any of the
following | ||||||
24 | reasons:
|
| |||||||
| |||||||
1 | (1) Making a material misstatement in furnishing | ||||||
2 | information
to the
Department.
| ||||||
3 | (2) Violations of this Act, or of the rules or regulations
| ||||||
4 | promulgated
hereunder.
| ||||||
5 | (3) Conviction of any crime under the laws of any United | ||||||
6 | States
jurisdiction
that
is a felony or a misdemeanor, of which | ||||||
7 | an essential
element is
dishonesty, or of any crime that is | ||||||
8 | directly related to the
practice of the
profession.
| ||||||
9 | (4) Making any misrepresentation for the purpose of | ||||||
10 | obtaining
licenses, or
violating any provision of this Act or | ||||||
11 | the rules promulgated thereunder
pertaining to advertising.
| ||||||
12 | (5) Professional incompetence.
| ||||||
13 | (6) Gross or repeated malpractice or negligence.
| ||||||
14 | (7) Aiding or assisting another person in violating any | ||||||
15 | provision
of this Act or rules.
| ||||||
16 | (8) Failing, within 60 days, to provide information in | ||||||
17 | response
to a written
request made by the Department.
| ||||||
18 | (9) Engaging in dishonorable, unethical or unprofessional | ||||||
19 | conduct
of a
character likely to deceive, defraud or harm the | ||||||
20 | public.
| ||||||
21 | (10) Habitual or excessive use of alcohol, narcotics, | ||||||
22 | stimulants
or other
chemical agent or drug that results in the | ||||||
23 | inability to practice
podiatric
medicine with reasonable | ||||||
24 | judgment, skill or safety.
| ||||||
25 | (11) Discipline by another United States jurisdiction if at
| ||||||
26 | least one of
the grounds for the discipline is the same or |
| |||||||
| |||||||
1 | substantially equivalent to
those set forth in this Section.
| ||||||
2 | (12) Directly or indirectly giving to or receiving from any
| ||||||
3 | person, firm,
corporation, partnership or association any fee, | ||||||
4 | commission, rebate or
other form of compensation for any | ||||||
5 | professional services not actually or
personally rendered. | ||||||
6 | This shall not be deemed to include rent or other
remunerations | ||||||
7 | paid to an individual, partnership, or corporation, by a
| ||||||
8 | licensee, for the lease, rental or use of space, owned or | ||||||
9 | controlled, by
the individual, partnership or corporation.
| ||||||
10 | (13) A finding by the Podiatric Medical Licensing Board | ||||||
11 | that the
licensee,
after having his
or her
license placed on | ||||||
12 | probationary status, has violated the
terms of probation.
| ||||||
13 | (14) Abandonment of a patient.
| ||||||
14 | (15) Willfully making or filing false records or reports in | ||||||
15 | his
or her practice,
including but not limited to false records | ||||||
16 | filed with state agencies or
departments.
| ||||||
17 | (16) Willfully failing to report an instance of suspected | ||||||
18 | child
abuse or
neglect as required by the Abused and Neglected | ||||||
19 | Child Report Act.
| ||||||
20 | (17) Physical illness, including but not limited to,
| ||||||
21 | deterioration through
the aging process, or loss of motor skill
| ||||||
22 | that results in the inability to
practice the profession with | ||||||
23 | reasonable judgment, skill or safety.
| ||||||
24 | (18) Solicitation of professional services other than | ||||||
25 | permitted
advertising.
| ||||||
26 | (19) The determination by a circuit court that a licensed
|
| |||||||
| |||||||
1 | podiatric
physician is subject to involuntary admission or | ||||||
2 | judicial admission as
provided in the Mental Health and | ||||||
3 | Developmental Disabilities Code
operates as an automatic | ||||||
4 | suspension.
Such suspension will end only upon a finding by a | ||||||
5 | court that the
patient is no longer subject to involuntary | ||||||
6 | admission or judicial admission
and issues an order so finding | ||||||
7 | and discharging the patient; and upon the
recommendation of the | ||||||
8 | Podiatric Medical Licensing Board to the Director
that the | ||||||
9 | licensee be allowed to resume his or her practice.
| ||||||
10 | (20) Holding oneself out to treat human ailments under any | ||||||
11 | name
other
than his or her own, or the impersonation of any | ||||||
12 | other physician.
| ||||||
13 | (21) Revocation or suspension or other action taken with
| ||||||
14 | respect to a podiatric medical license in
another jurisdiction | ||||||
15 | that would constitute disciplinary action under this
Act.
| ||||||
16 | (22) Promotion of the sale of drugs, devices, appliances or
| ||||||
17 | goods
provided for a patient in such manner as to exploit the | ||||||
18 | patient for
financial gain of the podiatric physician.
| ||||||
19 | (23) Gross, willful, and continued overcharging for | ||||||
20 | professional
services
including filing false statements for | ||||||
21 | collection of fees for those
services, including, but not | ||||||
22 | limited to, filing false statement for
collection of monies for | ||||||
23 | services not rendered from the medical assistance
program of | ||||||
24 | the Department of Healthcare and Family Services (formerly
| ||||||
25 | Department of Public Aid ) under the Illinois Public Aid Code
or | ||||||
26 | other private or public third party payor.
|
| |||||||
| |||||||
1 | (24) Being named as a perpetrator in an indicated report by | ||||||
2 | the
Department of Children and Family Services under the Abused | ||||||
3 | and
Neglected Child Reporting Act, and upon
proof by clear and | ||||||
4 | convincing evidence that the licensee has caused a child
to be | ||||||
5 | an abused child or neglected child as defined in the Abused and
| ||||||
6 | Neglected Child Reporting Act.
| ||||||
7 | (25) Willfully making or filing false records or reports in | ||||||
8 | the
practice of podiatric medicine, including, but not limited | ||||||
9 | to, false
records to support claims against the medical | ||||||
10 | assistance program of the
Department of Healthcare and Family | ||||||
11 | Services (formerly Department of Public Aid ) under the Illinois | ||||||
12 | Public Aid Code.
| ||||||
13 | (26) Mental illness or disability that results in
the | ||||||
14 | inability
to
practice with reasonable judgment, skill or | ||||||
15 | safety.
| ||||||
16 | (27) Immoral conduct in the commission of any act
| ||||||
17 | including,
sexual
abuse, sexual misconduct, or sexual | ||||||
18 | exploitation, related to the licensee's
practice.
| ||||||
19 | (28) Violation of the Health Care Worker Self-Referral Act.
| ||||||
20 | (29) Failure to report to the Department any adverse final | ||||||
21 | action taken
against him or her by another licensing | ||||||
22 | jurisdiction (another state or a
territory of the United States | ||||||
23 | or a foreign state or country) by a peer
review
body, by any | ||||||
24 | health care institution, by a professional society or | ||||||
25 | association
related to practice under this Act, by a | ||||||
26 | governmental agency, by a law
enforcement agency, or by a court |
| |||||||
| |||||||
1 | for acts or conduct similar to acts or
conduct that would | ||||||
2 | constitute grounds for action as defined in this Section.
| ||||||
3 | The Department may refuse to issue or may suspend the | ||||||
4 | license of any
person who fails to file a return, or to pay the | ||||||
5 | tax, penalty or interest
shown in a filed return, or to pay any | ||||||
6 | final assessment of tax, penalty or
interest, as required by | ||||||
7 | any tax Act administered by the Illinois
Department of Revenue, | ||||||
8 | until such time as the requirements of any such tax
Act are | ||||||
9 | satisfied.
| ||||||
10 | Upon receipt of a written
communication from the Secretary | ||||||
11 | of Human Services, the Director of Healthcare and Family | ||||||
12 | Services (formerly Director of
Public Aid ) , or the Director of | ||||||
13 | Public Health that
continuation of practice of a person | ||||||
14 | licensed under
this Act constitutes an immediate danger to the | ||||||
15 | public, the Director may
immediately suspend
the license of | ||||||
16 | such person without a hearing. In instances in which the
| ||||||
17 | Director immediately suspends a license under this Section, a | ||||||
18 | hearing upon
such person's license must be convened by the | ||||||
19 | Board within 15 days after
such suspension and completed | ||||||
20 | without appreciable delay, such hearing held
to determine | ||||||
21 | whether to recommend to the Director that the person's license
| ||||||
22 | be revoked, suspended, placed on probationary status or | ||||||
23 | reinstated, or such
person be subject to other disciplinary | ||||||
24 | action. In such hearing, the
written communication and any | ||||||
25 | other evidence submitted therewith may be
introduced as | ||||||
26 | evidence against such person; provided, however, the person
or |
| |||||||
| |||||||
1 | his counsel shall have the opportunity to discredit or impeach | ||||||
2 | such
evidence and submit evidence rebutting the same.
| ||||||
3 | All proceedings to suspend, revoke, place on probationary | ||||||
4 | status, or take
any
other disciplinary action as the Department | ||||||
5 | may deem proper, with regard to a
license on any of the | ||||||
6 | foregoing grounds, must be commenced within 3 years after
| ||||||
7 | receipt by the Department of a complaint alleging the | ||||||
8 | commission of or notice
of the conviction order for any of the | ||||||
9 | acts described in this Section. Except
for fraud
in procuring a | ||||||
10 | license, no action shall be commenced more than 5 years after
| ||||||
11 | the date of the incident or act alleged to have
been a
| ||||||
12 | violation of this Section.
In the event of the settlement of | ||||||
13 | any claim or cause of action in favor of
the claimant or the | ||||||
14 | reduction to final judgment of any civil action in favor of
the | ||||||
15 | plaintiff, such claim, cause of action, or civil action being | ||||||
16 | grounded on
the allegation that a person licensed under this | ||||||
17 | Act was negligent in providing
care, the Department shall have | ||||||
18 | an additional period of one year from the date
of notification | ||||||
19 | to the Department under Section 26 of this Act of such
| ||||||
20 | settlement or final judgment in which to investigate and | ||||||
21 | commence formal
disciplinary proceedings under Section 24 of | ||||||
22 | this Act, except as otherwise
provided by law.
The
time during | ||||||
23 | which the holder of the license was outside the State of | ||||||
24 | Illinois
shall not be included within any period of time | ||||||
25 | limiting the commencement of
disciplinary action by the | ||||||
26 | Department.
|
| |||||||
| |||||||
1 | In enforcing this Section, the Department or Board upon a | ||||||
2 | showing of a
possible
violation may compel an individual | ||||||
3 | licensed to practice under this Act, or
who has applied for | ||||||
4 | licensure under this Act, to submit
to a mental or physical | ||||||
5 | examination, or both, as required by and at the expense
of the | ||||||
6 | Department. The Department or Board may order the examining | ||||||
7 | physician to
present
testimony concerning the mental or | ||||||
8 | physical examination of the licensee or
applicant. No | ||||||
9 | information shall be excluded by reason of any common law or
| ||||||
10 | statutory privilege relating to communications between the | ||||||
11 | licensee or
applicant and the examining physician. The | ||||||
12 | examining
physicians
shall be specifically designated by the | ||||||
13 | Board or Department.
The individual to be examined may have, at | ||||||
14 | his or her own expense, another
physician of his or her choice | ||||||
15 | present during all
aspects of this examination. Failure of an | ||||||
16 | individual to submit to a mental
or
physical examination, when | ||||||
17 | directed, shall be grounds for suspension of his or
her
license | ||||||
18 | until the individual submits to the examination if the | ||||||
19 | Department
finds,
after notice and hearing, that the refusal to | ||||||
20 | submit to the examination was
without reasonable cause.
| ||||||
21 | If the Department or Board finds an individual unable to | ||||||
22 | practice because of
the
reasons
set forth in this Section, the | ||||||
23 | Department or Board may require that individual
to submit
to
| ||||||
24 | care, counseling, or treatment by physicians approved
or | ||||||
25 | designated by the Department or Board, as a condition, term, or | ||||||
26 | restriction
for continued,
reinstated, or
renewed licensure to |
| |||||||
| |||||||
1 | practice; or, in lieu of care, counseling, or treatment,
the | ||||||
2 | Department may file, or
the Board may recommend to the | ||||||
3 | Department to file, a complaint to immediately
suspend, revoke, | ||||||
4 | or otherwise discipline the license of the individual.
An | ||||||
5 | individual whose
license was granted, continued, reinstated, | ||||||
6 | renewed, disciplined or supervised
subject to such terms, | ||||||
7 | conditions, or restrictions, and who fails to comply
with
such | ||||||
8 | terms, conditions, or restrictions, shall be referred to the | ||||||
9 | Director for
a
determination as to whether the individual shall | ||||||
10 | have his or her license
suspended immediately, pending a | ||||||
11 | hearing by the Department.
| ||||||
12 | In instances in which the Director immediately suspends a | ||||||
13 | person's license
under this Section, a hearing on that person's | ||||||
14 | license must be convened by
the Department within 15 days after | ||||||
15 | the suspension and completed without
appreciable
delay.
The | ||||||
16 | Department and Board shall have the authority to review the | ||||||
17 | subject
individual's record of
treatment and counseling | ||||||
18 | regarding the impairment to the extent permitted by
applicable | ||||||
19 | federal statutes and regulations safeguarding the | ||||||
20 | confidentiality of
medical records.
| ||||||
21 | An individual licensed under this Act and affected under | ||||||
22 | this Section shall
be
afforded an opportunity to demonstrate to | ||||||
23 | the Department or Board that he or
she can resume
practice in | ||||||
24 | compliance with acceptable and prevailing standards under the
| ||||||
25 | provisions of his or her license.
| ||||||
26 | (Source: P.A. 89-507, eff. 7-1-97; 90-76, eff. 12-30-97; |
| |||||||
| |||||||
1 | revised 12-15-05.)
| ||||||
2 | Section 730. The Illinois Speech-Language Pathology and
| ||||||
3 | Audiology Practice Act is amended by changing Section 16 as | ||||||
4 | follows:
| ||||||
5 | (225 ILCS 110/16) (from Ch. 111, par. 7916)
| ||||||
6 | (Section scheduled to be repealed on January 1, 2008)
| ||||||
7 | Sec. 16. Refusal, revocation or suspension of licenses.
| ||||||
8 | (1) The Department may refuse to issue or renew, or may | ||||||
9 | revoke, suspend,
place on probation, censure, reprimand or take | ||||||
10 | other disciplinary action as
the Department may deem proper, | ||||||
11 | including fines not to exceed $5,000 for
each violation, with | ||||||
12 | regard to any license for any one or
combination of the | ||||||
13 | following causes:
| ||||||
14 | (a) Fraud in procuring the license.
| ||||||
15 | (b) Habitual intoxication or addiction to the use of | ||||||
16 | drugs.
| ||||||
17 | (c) Willful or repeated violations of the rules of the | ||||||
18 | Department of
Public Health.
| ||||||
19 | (d) Division of fees or agreeing to split or divide the | ||||||
20 | fees received
for speech-language pathology or audiology | ||||||
21 | services with any person for
referring an individual, or | ||||||
22 | assisting in the care or treatment of an
individual, | ||||||
23 | without the knowledge of the individual or his or her legal
| ||||||
24 | representative.
|
| |||||||
| |||||||
1 | (e) Employing, procuring, inducing, aiding or abetting | ||||||
2 | a person not
licensed as a speech-language pathologist or | ||||||
3 | audiologist to engage in the
unauthorized practice of | ||||||
4 | speech-language pathology or audiology.
| ||||||
5 | (e-5) Employing, procuring, inducing, aiding, or | ||||||
6 | abetting a person not
licensed as a speech-language | ||||||
7 | pathology assistant to perform the
functions and duties of | ||||||
8 | a speech-language pathology assistant.
| ||||||
9 | (f) Making any misrepresentations or false promises, | ||||||
10 | directly or
indirectly, to influence, persuade or induce | ||||||
11 | patronage.
| ||||||
12 | (g) Professional connection or association with, or | ||||||
13 | lending his or her
name to
another for the illegal practice | ||||||
14 | of speech-language pathology or audiology
by another, or | ||||||
15 | professional connection or association with any person, | ||||||
16 | firm
or corporation holding itself out in any manner | ||||||
17 | contrary to this Act.
| ||||||
18 | (h) Obtaining or seeking to obtain checks, money, or | ||||||
19 | any other things
of value by false or fraudulent | ||||||
20 | representations, including but not limited
to, engaging in | ||||||
21 | such fraudulent practice to defraud the medical assistance
| ||||||
22 | program of the Department of Healthcare and Family Services | ||||||
23 | (formerly Department of Public Aid ) .
| ||||||
24 | (i) Practicing under a name other than his or her own.
| ||||||
25 | (j) Improper, unprofessional or dishonorable conduct | ||||||
26 | of a character likely
to deceive, defraud or harm the |
| |||||||
| |||||||
1 | public.
| ||||||
2 | (k) Conviction in this or another state of any crime | ||||||
3 | which is a felony
under the laws of this State or | ||||||
4 | conviction of a felony in a federal court,
if the | ||||||
5 | Department determines, after investigation, that such | ||||||
6 | person has
not been sufficiently rehabilitated to warrant | ||||||
7 | the public trust.
| ||||||
8 | (1) Permitting a person under his or her supervision to | ||||||
9 | perform any
function
not authorized by this Act.
| ||||||
10 | (m) A violation of any provision of this Act or rules | ||||||
11 | promulgated
thereunder.
| ||||||
12 | (n) Revocation by another state, the District of | ||||||
13 | Columbia, territory, or
foreign nation of a license to | ||||||
14 | practice speech-language pathology or audiology
or a | ||||||
15 | license to practice as a speech-language pathology | ||||||
16 | assistant in its
jurisdiction if at least one of the | ||||||
17 | grounds for that revocation is the
same as or the | ||||||
18 | equivalent of one of the grounds for revocation set forth
| ||||||
19 | herein.
| ||||||
20 | (o) Willfully failing to report an instance of | ||||||
21 | suspected child abuse or
neglect as required by the Abused | ||||||
22 | and Neglected Child Reporting Act.
| ||||||
23 | (p) Gross or repeated malpractice resulting in injury | ||||||
24 | or death of an
individual.
| ||||||
25 | (q) Willfully making or filing false records or reports | ||||||
26 | in his or her
practice
as a speech-language pathologist, |
| |||||||
| |||||||
1 | speech-language pathology assistant, or
audiologist, | ||||||
2 | including, but not limited
to, false records to support | ||||||
3 | claims against the public assistance program
of the | ||||||
4 | Department of Healthcare and Family Services (formerly
| ||||||
5 | Illinois Department of Public Aid ) .
| ||||||
6 | (r) Professional incompetence as manifested by poor | ||||||
7 | standards of care or
mental incompetence as declared by a | ||||||
8 | court of competent jurisdiction.
| ||||||
9 | (s) Repeated irregularities in billing a third party | ||||||
10 | for services
rendered to an individual. For purposes of | ||||||
11 | this Section, "irregularities
in billing" shall include:
| ||||||
12 | (i) reporting excessive charges for the purpose of | ||||||
13 | obtaining a total
payment in excess of that usually | ||||||
14 | received by the speech-language
pathologist, | ||||||
15 | speech-language pathology assistant, or audiologist | ||||||
16 | for the
services rendered;
| ||||||
17 | (ii) reporting charges for services not rendered; | ||||||
18 | or
| ||||||
19 | (iii) incorrectly reporting services rendered for | ||||||
20 | the purpose of
obtaining payment not earned.
| ||||||
21 | (t) (Blank).
| ||||||
22 | (u) Violation of the Health Care Worker Self-Referral | ||||||
23 | Act.
| ||||||
24 | (v) Physical illness, including but not limited to | ||||||
25 | deterioration
through the aging process or loss of motor | ||||||
26 | skill, mental illness, or
disability that results in the |
| |||||||
| |||||||
1 | inability to practice the profession with
reasonable | ||||||
2 | judgment, skill, or safety.
| ||||||
3 | (w) Violation of the Hearing Instrument Consumer | ||||||
4 | Protection Act.
| ||||||
5 | (x) Failure by a speech-language pathology assistant | ||||||
6 | and supervising
speech-language pathologist to comply with | ||||||
7 | the supervision
requirements set forth in Section 8.8.
| ||||||
8 | (y) Wilfully exceeding the scope of duties customarily | ||||||
9 | undertaken by
speech-language pathology assistants set | ||||||
10 | forth in Section 8.7
that results in, or may result in, | ||||||
11 | harm to the public.
| ||||||
12 | (2) The Department shall deny a license or renewal | ||||||
13 | authorized by this
Act to any person who has defaulted on an | ||||||
14 | educational loan guaranteed by
the Illinois State Scholarship | ||||||
15 | Commission; however, the Department may
issue a license or | ||||||
16 | renewal if the aforementioned persons have established a
| ||||||
17 | satisfactory repayment record as determined by the Illinois | ||||||
18 | State
Scholarship Commission.
| ||||||
19 | (3) The entry of an order by a circuit court establishing | ||||||
20 | that any
person holding a license under this Act is subject to | ||||||
21 | involuntary admission or
judicial admission as provided for in | ||||||
22 | the Mental Health and Developmental
Disabilities Code, | ||||||
23 | operates as an automatic suspension of that license. That
| ||||||
24 | person may have his or her license restored only upon the | ||||||
25 | determination by a
circuit court that the patient is no longer | ||||||
26 | subject to involuntary admission or
judicial admission and the |
| |||||||
| |||||||
1 | issuance of an order so finding and discharging the
patient, | ||||||
2 | and upon the Board's recommendation to the Department that the | ||||||
3 | license
be restored. Where the circumstances so indicate, the | ||||||
4 | Board may recommend to
the Department that it require an | ||||||
5 | examination prior to restoring any license
automatically | ||||||
6 | suspended under this subsection.
| ||||||
7 | (4) The Department may refuse to issue or may suspend the | ||||||
8 | license of any
person who fails to file a return, or to pay the | ||||||
9 | tax, penalty, or interest
shown
in a filed return, or to pay | ||||||
10 | any final assessment of the tax penalty or
interest, as | ||||||
11 | required by any tax Act administered by the Department of
| ||||||
12 | Revenue, until such time as the requirements of any such tax | ||||||
13 | Act are
satisfied.
| ||||||
14 | (5) In enforcing this Section, the Board upon a showing of | ||||||
15 | a possible
violation may compel an individual licensed to | ||||||
16 | practice under this Act, or
who has applied for licensure | ||||||
17 | pursuant to this Act, to submit
to a mental or physical | ||||||
18 | examination, or both, as required by and at the expense
of the | ||||||
19 | Department. The examining physicians or clinical psychologists
| ||||||
20 | shall be those specifically designated by the Board.
The | ||||||
21 | individual to be examined may have, at his or her own expense, | ||||||
22 | another
physician or clinical psychologist of his or her choice | ||||||
23 | present during all
aspects of this examination. Failure of any | ||||||
24 | individual to submit to a mental
or
physical examination, when | ||||||
25 | directed, shall be grounds for suspension of his or
her
license | ||||||
26 | until the individual submits to the examination if the Board |
| |||||||
| |||||||
1 | finds,
after notice and hearing, that the refusal to submit to | ||||||
2 | the examination was
without reasonable cause.
| ||||||
3 | If the Board finds an individual unable to practice because | ||||||
4 | of the reasons
set forth in this Section, the Board may require | ||||||
5 | that individual to submit to
care, counseling, or treatment by | ||||||
6 | physicians or clinical psychologists approved
or designated by | ||||||
7 | the Board, as a condition, term, or restriction for continued,
| ||||||
8 | reinstated, or
renewed licensure to practice; or, in lieu of | ||||||
9 | care, counseling, or treatment,
the
Board may recommend to the | ||||||
10 | Department to file a complaint to immediately
suspend, revoke, | ||||||
11 | or otherwise discipline the license of the individual.
Any | ||||||
12 | individual whose
license was granted, continued, reinstated, | ||||||
13 | renewed, disciplined or supervised
subject to such terms, | ||||||
14 | conditions, or restrictions, and who fails to comply
with
such | ||||||
15 | terms, conditions, or restrictions, shall be referred to the | ||||||
16 | Director for
a
determination as to whether the individual shall | ||||||
17 | have his or her license
suspended immediately, pending a | ||||||
18 | hearing by the Board.
| ||||||
19 | In instances in which the Director immediately suspends a | ||||||
20 | person's license
under this Section, a hearing on that person's | ||||||
21 | license must be convened by
the Board within 15 days after the | ||||||
22 | suspension and completed without appreciable
delay.
The Board | ||||||
23 | shall have the authority to review the subject individual's | ||||||
24 | record of
treatment and counseling regarding the impairment to | ||||||
25 | the extent permitted by
applicable federal statutes and | ||||||
26 | regulations safeguarding the confidentiality of
medical |
| |||||||
| |||||||
1 | records.
| ||||||
2 | An individual licensed under this Act and affected under | ||||||
3 | this Section shall
be
afforded an opportunity to demonstrate to | ||||||
4 | the Board that he or she can resume
practice in compliance with | ||||||
5 | acceptable and prevailing standards under the
provisions of his | ||||||
6 | or her license.
| ||||||
7 | (Source: P.A. 91-949, eff. 2-9-01; 92-510, eff. 6-1-02; revised | ||||||
8 | 12-15-05.)
| ||||||
9 | Section 735. The Pyrotechnic
Distributor and
Operator | ||||||
10 | Licensing Act is amended by changing Section 5 and by | ||||||
11 | renumbering Section 99 as follows:
| ||||||
12 | (225 ILCS 227/5)
| ||||||
13 | Sec. 5. Definitions. In this Act:
| ||||||
14 | "1.3G fireworks" means fireworks that are used for | ||||||
15 | professional outdoor displays and classified as fireworks | ||||||
16 | UN0333, UN0334, or UN0335 by the United States Department of | ||||||
17 | Transportation under 49 C.F.R. 172.101. | ||||||
18 | "BATFE" means the federal Bureau of Alcohol, Tobacco and | ||||||
19 | Firearms Enforcement. | ||||||
20 | "Consumer fireworks" means fireworks that must comply with | ||||||
21 | the construction, chemical composition, and labeling | ||||||
22 | regulations of the U.S. Consumer Products Safety Commission, as | ||||||
23 | set forth in 16 C.F.R. Parts 1500 and 1507, and classified as | ||||||
24 | fireworks UN0336 or UN0337 by the United States Department of |
| |||||||
| |||||||
1 | Transportation under 49 C.F.R. 172.101. "Consumer fireworks" | ||||||
2 | does not include a substance or article exempted under the | ||||||
3 | Fireworks Use Act.
| ||||||
4 | "Display fireworks" means
1.3G explosive or special | ||||||
5 | effects fireworks.
| ||||||
6 | "Facility" means an area being used for the conducting of a | ||||||
7 | pyrotechnic display business, but does not include residential | ||||||
8 | premises except for the portion of any residential premises | ||||||
9 | that is actually used in the conduct of a pyrotechnic display | ||||||
10 | business.
| ||||||
11 | "Flame effect" means the detonation, ignition, or | ||||||
12 | deflagration of flammable gases, liquids, or special materials | ||||||
13 | to produce a thermal, physical, visual, or audible effect | ||||||
14 | before the public, invitees, or licensees, regardless of | ||||||
15 | whether admission is charged in accordance with NFPA 160.
| ||||||
16 | "Lead pyrotechnic operator" means the individual with | ||||||
17 | overall
responsibility
for the safety, setup, discharge, and | ||||||
18 | supervision of a pyrotechnic display.
| ||||||
19 | "Office" means Office of the State Fire Marshal.
| ||||||
20 | "Person" means an individual, firm, corporation, | ||||||
21 | association,
partnership,
company, consortium, joint venture, | ||||||
22 | commercial entity, state,
municipality, or
political | ||||||
23 | subdivision of a state or any agency, department, or
| ||||||
24 | instrumentality of the
United States and any officer, agent, or | ||||||
25 | employee of these entities.
| ||||||
26 | "Pyrotechnic display" or "display" means the detonation, |
| |||||||
| |||||||
1 | ignition, or
deflagration of display fireworks or flame effects
| ||||||
2 | to produce a visual or audible effect of an
exhibitional nature | ||||||
3 | before the public, invitees, or licensees, regardless of
| ||||||
4 | whether admission is charged. | ||||||
5 | "Pyrotechnic distributor" means any person, company, | ||||||
6 | association, group of persons, or corporation who distributes | ||||||
7 | display fireworks for sale in the State of Illinois or provides | ||||||
8 | them as part of a pyrotechnic display service in the State of | ||||||
9 | Illinois or provides only pyrotechnic services. | ||||||
10 | "Special effects fireworks" means pyrotechnic devices used | ||||||
11 | for special effects by professionals in the performing arts in | ||||||
12 | conjunction with theatrical, musical, or other productions | ||||||
13 | that are similar to consumer fireworks in chemical compositions | ||||||
14 | and construction, but are not intended for consumer use and are | ||||||
15 | not labeled as such or identified as "intended for indoor use". | ||||||
16 | "Special effects fireworks" are classified as fireworks UN0431 | ||||||
17 | or UN0432 by the United States Department of Transportation | ||||||
18 | under 49 C.F.R. 172.101.
| ||||||
19 | (Source: P.A. 93-263, eff. 7-22-03; 94-385, eff. 7-29-05; | ||||||
20 | 94-658, eff. 1-1-06; revised 8-29-05.)
| ||||||
21 | (225 ILCS 227/999)
(was 225 ILCS 227/99)
| ||||||
22 | Sec. 999
99 . Effective date. This Act takes effect upon | ||||||
23 | becoming
law.
| ||||||
24 | (Source: P.A. 93-263, eff. 7-22-03; revised 9-19-03.)
|
| |||||||
| |||||||
1 | Section 740. The Illinois Plumbing License Law is amended | ||||||
2 | by changing Section 13.1 as follows:
| ||||||
3 | (225 ILCS 320/13.1)
| ||||||
4 | Sec. 13.1. Plumbing contractors; registration; | ||||||
5 | applications.
| ||||||
6 | (1) On and after May 1, 2002, all persons or corporations | ||||||
7 | desiring to
engage in
the
business of plumbing contractor, | ||||||
8 | other than any entity that maintains an
audited net worth of | ||||||
9 | shareholders' equity equal to or exceeding $100,000,000,
shall
| ||||||
10 | register in accordance with the
provisions of this
Act.
| ||||||
11 | (2) Application for registration shall be filed with the | ||||||
12 | Department each
year, on
or before the last day of
September, | ||||||
13 | in writing and on forms
prepared and
furnished by the | ||||||
14 | Department. All plumbing contractor registrations expire
on | ||||||
15 | the last
day of
September of each year.
| ||||||
16 | (3) Applications shall contain the name, address, and | ||||||
17 | telephone number of
the
person and the plumbing license of (i) | ||||||
18 | the individual, if a sole
proprietorship; (ii) the
partner, if | ||||||
19 | a partnership; or (iii) an officer, if a corporation. The
| ||||||
20 | application shall contain
the business name, address, and | ||||||
21 | telephone number, a current copy of the
plumbing
license, and | ||||||
22 | any other information the Department may require by rule.
| ||||||
23 | (4) Applicants shall submit an original certificate of | ||||||
24 | insurance
documenting that
the contractor carries general | ||||||
25 | liability insurance with a minimum of $100,000
per
occurrence, |
| |||||||
| |||||||
1 | a minimum of $300,000 aggregate
for bodily injury,
property | ||||||
2 | damage insurance with a minimum of $50,000 or a minimum of | ||||||
3 | $300,000
combined single limit, and workers compensation
| ||||||
4 | insurance with a minimum $500,000 employer's liability. No | ||||||
5 | registration
may be issued in the
absence of this
certificate. | ||||||
6 | Certificates must be in force at all times for registration to
| ||||||
7 | remain valid.
| ||||||
8 | (5) Applicants shall submit, on a form provided by the | ||||||
9 | Department, an
indemnification bond in the amount of $20,000 or | ||||||
10 | a letter of credit in the same
amount
for work performed in | ||||||
11 | accordance with this Act and the rules promulgated under
this | ||||||
12 | Act.
| ||||||
13 | (6) All employees of a registered
plumbing
contractor who | ||||||
14 | engage in plumbing work shall be licensed plumbers or | ||||||
15 | apprentice
plumbers in accordance with this Act.
| ||||||
16 | (7) Plumbing contractors shall submit an annual | ||||||
17 | registration fee in an
amount to
be established by rule.
| ||||||
18 | (8) The Department shall be notified in advance of any | ||||||
19 | changes in the
business
structure, name, or location or of the | ||||||
20 | addition or deletion of the owner or
officer who is the
| ||||||
21 | licensed plumber listed on the application. Failure to notify | ||||||
22 | the Department
of this
information is grounds for suspension or | ||||||
23 | revocation of the plumbing
contractor's
registration.
| ||||||
24 | (9) In the event that the plumber's license on the | ||||||
25 | application for
registration of a
plumbing contractor is a | ||||||
26 | license issued by the City of Chicago, it shall be the
|
| |||||||
| |||||||
1 | responsibility of the
applicant to forward a copy of the | ||||||
2 | plumber's license to the Department, noting
the name of the
| ||||||
3 | registered
plumbing contractor, when it is renewed.
| ||||||
4 | (Source: P.A. 94-55, eff. 6-17-05; 94-258, eff. 7-19-05; | ||||||
5 | revised 8-19-05.)
| ||||||
6 | Section 745. The Auction License Act is amended by changing | ||||||
7 | Sections 10-40 and 20-20 as follows:
| ||||||
8 | (225 ILCS 407/10-40)
| ||||||
9 | (Section scheduled to be repealed on January 1, 2010)
| ||||||
10 | Sec. 10-40. Restoration.
| ||||||
11 | (a) A licensee whose license has lapsed or expired shall | ||||||
12 | have 2 years from
the
expiration date
to restore his or her | ||||||
13 | license without examination. The expired licensee shall
make | ||||||
14 | application to the
OBRE on forms provided by the OBRE, | ||||||
15 | including a properly completed 45-day
permit sponsor card,
| ||||||
16 | provide evidence of successful completion of 12 hours of | ||||||
17 | approved continuing
education during the
period of time the | ||||||
18 | license had lapsed, and pay all lapsed fees and penalties as
| ||||||
19 | established by
administrative rule.
| ||||||
20 | (b) Notwithstanding any other provisions of this Act to the | ||||||
21 | contrary, any
licensee whose
license under this Act has expired | ||||||
22 | is eligible to restore such license without
paying any lapsed | ||||||
23 | fees
and penalties provided that the license expired while the | ||||||
24 | licensee was:
|
| |||||||
| |||||||
1 | (1) on active duty with the United States Army, United | ||||||
2 | States
State Marine Corps,
United
States Navy, United | ||||||
3 | States Air Force, United States Coast Guard, the State
| ||||||
4 | Militia called into service
or training;
| ||||||
5 | (2) engaged in training or education under the | ||||||
6 | supervision of the United
States
prior
to induction into | ||||||
7 | military service; or
| ||||||
8 | (3) serving as an employee of the OBRE, while the | ||||||
9 | employee was required to
surrender his or her license due | ||||||
10 | to a possible conflict of interest.
| ||||||
11 | A licensee shall be eligible to restore a license under the | ||||||
12 | provisions of
this subsection for a
period of 2 years following | ||||||
13 | the termination of the service, education, or
training by | ||||||
14 | providing a
properly completed application and 45-day permit | ||||||
15 | sponsor card, provided that
the termination was
by other than | ||||||
16 | dishonorable discharge and provided that the licensee | ||||||
17 | furnishes
the OBRE with an
affidavit specifying that the | ||||||
18 | licensee has been so engaged.
| ||||||
19 | (c) At any time after the suspension, revocation, placement | ||||||
20 | on probationary
status, or other
disciplinary action taken | ||||||
21 | under this Act with reference to any license, the
OBRE may | ||||||
22 | restore the
license to the licensee without examination upon | ||||||
23 | the order of the Commissioner,
if the licensee
submits a | ||||||
24 | properly completed application and 45-day permit sponsor card, | ||||||
25 | pays
appropriate fees, and
otherwise complies with the | ||||||
26 | conditions of the order.
|
| |||||||
| |||||||
1 | (Source: P.A. 91-603, eff. 1-1-00; revised 10-11-05.)
| ||||||
2 | (225 ILCS 407/20-20)
| ||||||
3 | (Section scheduled to be repealed on January 1, 2010)
| ||||||
4 | Sec. 20-20. Termination without hearing for failure to pay | ||||||
5 | taxes, child
support, or a
student loan. OBRE may terminate or | ||||||
6 | otherwise discipline any license issued
under this Act without
| ||||||
7 | hearing if the appropriate administering agency provides | ||||||
8 | adequate information
and proof that the
licensee has:
| ||||||
9 | (1) failed to file a return, to pay the tax, penalty, | ||||||
10 | or interest shown in
a filed return,
or to pay any final | ||||||
11 | assessment of tax, penalty, or interest, as required by any
| ||||||
12 | tax act administered by
the Illinois Department of Revenue | ||||||
13 | until the requirements of the tax act are
satisfied;
| ||||||
14 | (2) failed to pay any court ordered child support as | ||||||
15 | determined by a court
order or by
referral from the | ||||||
16 | Department of Healthcare and Family Services (formerly
| ||||||
17 | Illinois Department of Public Aid ) ; or
| ||||||
18 | (3) failed to repay any student loan or assistance as | ||||||
19 | determined by the
Illinois Student
Assistance | ||||||
20 | Commission.
If a license is terminated or otherwise | ||||||
21 | disciplined pursuant to this Section,
the licensee may
| ||||||
22 | request a hearing as provided by this Act within 30 days of | ||||||
23 | notice of
termination or discipline.
| ||||||
24 | (Source: P.A. 91-603, eff. 1-1-00; revised 12-15-05.)
|
| |||||||
| |||||||
1 | Section 750. The Home Inspector License Act is amended by | ||||||
2 | changing Section 15-50 as follows:
| ||||||
3 | (225 ILCS 441/15-50)
| ||||||
4 | (Section scheduled to be repealed on January 1, 2012)
| ||||||
5 | Sec. 15-50. Nonpayment of child support. In cases where the | ||||||
6 | Department of Healthcare and Family Services (formerly
| ||||||
7 | Department
of Public Aid ) has previously determined that a | ||||||
8 | licensee or a potential licensee
is more than 30 days | ||||||
9 | delinquent in the payment of child support
and has subsequently | ||||||
10 | certified the delinquency to OBRE, OBRE may refuse to
issue or | ||||||
11 | renew or may revoke or suspend that person's license or may | ||||||
12 | take other
disciplinary action against that person based solely | ||||||
13 | upon the certification of
delinquency made by the Department of | ||||||
14 | Healthcare and Family Services (formerly Department of Public | ||||||
15 | Aid ) . Redetermination of the
delinquency by
OBRE shall not be | ||||||
16 | required. In cases regarding the renewal of a license, OBRE
| ||||||
17 | shall not renew any license if the Department of Healthcare and | ||||||
18 | Family Services (formerly Department of Public Aid ) has | ||||||
19 | certified the
licensee to be more than 30 days delinquent in | ||||||
20 | the payment of child support
unless the licensee has arranged | ||||||
21 | for payment of past and current child support
obligations in a | ||||||
22 | manner satisfactory to the Department of Healthcare and Family | ||||||
23 | Services (formerly Department of Public Aid ) . OBRE may
impose
| ||||||
24 | conditions, restrictions, or disciplinary action upon that | ||||||
25 | renewal.
|
| |||||||
| |||||||
1 | (Source: P.A. 92-239, eff. 8-3-01; revised 12-15-05.)
| ||||||
2 | Section 755. The Private Detective, Private Alarm, Private | ||||||
3 | Security, and
Locksmith Act of 2004 is amended by changing | ||||||
4 | Sections 35-30 and 40-40 as follows:
| ||||||
5 | (225 ILCS 447/35-30)
| ||||||
6 | (Section scheduled to be repealed on January 1, 2014)
| ||||||
7 | Sec. 35-30. Employee requirements. All employees of a
| ||||||
8 | licensed agency, other than those exempted, shall apply for a
| ||||||
9 | permanent employee registration card. The holder of an agency
| ||||||
10 | license issued under this Act, known in this Section as
| ||||||
11 | "employer", may employ in the conduct of his or her business
| ||||||
12 | employees under the following provisions:
| ||||||
13 | (a)
(1) No person shall be issued a permanent employee
| ||||||
14 | registration card who:
| ||||||
15 | (1)
(A) Is younger than 18 years of age.
| ||||||
16 | (2)
(B) Is younger than 21 years of age if the
services | ||||||
17 | will include being armed.
| ||||||
18 | (3)
(C) Has been determined by the Department to
be | ||||||
19 | unfit by reason of conviction of an offense in this or
| ||||||
20 | another state, other than a traffic offense. The Department
| ||||||
21 | shall adopt rules for making those determinations that | ||||||
22 | shall
afford the applicant due process of law.
| ||||||
23 | (4)
(D) Has had a license or permanent employee
| ||||||
24 | registration card denied, suspended, or revoked under this |
| |||||||
| |||||||
1 | Act (i) within one
year before the date the
person's | ||||||
2 | application for permanent employee registration card
is | ||||||
3 | received by the Department; and (ii) that refusal, denial,
| ||||||
4 | suspension, or revocation was based on any provision of | ||||||
5 | this
Act other than Section 40-50,
item (6) or (8) of | ||||||
6 | subsection (a) of Section 15-10, subsection (b) of Section
| ||||||
7 | 15-10, item (6) or (8) of subsection (a) of Section 20-10, | ||||||
8 | subsection (b) of
Section 20-10, item (6) or (8) of | ||||||
9 | subsection (a) of Section 25-10, subsection
(b) of Section | ||||||
10 | 25-10, item (7) of subsection (a) of Section 30-10,
| ||||||
11 | subsection (b) of Section 30-10, or Section 10-40.
| ||||||
12 | (5)
(E) Has been declared incompetent by any court
of | ||||||
13 | competent jurisdiction by reason of mental disease or
| ||||||
14 | defect and has not been restored.
| ||||||
15 | (6)
(F) Has been dishonorably discharged from the
armed | ||||||
16 | services of the United States.
| ||||||
17 | (b)
(2) No person may be employed by a private
detective | ||||||
18 | agency, private security contractor agency, private
alarm | ||||||
19 | contractor agency, or locksmith agency under this
Section until | ||||||
20 | he or she has executed and furnished to the
employer, on forms | ||||||
21 | furnished by the Department, a verified
statement to be known | ||||||
22 | as "Employee's Statement" setting forth:
| ||||||
23 | (1)
(A) The person's full name, age, and residence
| ||||||
24 | address.
| ||||||
25 | (2)
(B) The business or occupation engaged in for
the 5 | ||||||
26 | years immediately before the date of the execution of
the |
| |||||||
| |||||||
1 | statement, the place where the business or occupation was
| ||||||
2 | engaged in, and the names of employers, if any.
| ||||||
3 | (3)
(C) That the person has not had a license or
| ||||||
4 | employee registration denied, revoked, or suspended under | ||||||
5 | this
Act (i) within one year before the date the person's | ||||||
6 | application
for permanent employee registration card is | ||||||
7 | received by the
Department; and (ii) that refusal, denial, | ||||||
8 | suspension, or
revocation was based on any provision of | ||||||
9 | this Act other than
Section 40-50,
item (6) or (8) of | ||||||
10 | subsection (a) of Section 15-10, subsection (b) of Section
| ||||||
11 | 15-10, item (6) or (8) of subsection (a) of Section 20-10, | ||||||
12 | subsection (b) of
Section 20-10, item (6) or (8) of | ||||||
13 | subsection (a) of Section 25-10, subsection
(b) of Section | ||||||
14 | 25-10, item (7) of subsection (a) of Section 30-10,
| ||||||
15 | subsection (b) of Section 30-10, or Section 10-40.
| ||||||
16 | (4)
(D) Any conviction of a felony or misdemeanor.
| ||||||
17 | (5)
(E) Any declaration of incompetence by a court
of | ||||||
18 | competent jurisdiction that has not been restored.
| ||||||
19 | (6)
(F) Any dishonorable discharge from the armed
| ||||||
20 | services of the United States.
| ||||||
21 | (7)
(G) Any other information as may be required by
any | ||||||
22 | rule of the Department to show the good character,
| ||||||
23 | competency, and integrity of the person executing the
| ||||||
24 | statement.
| ||||||
25 | (c) Each applicant for a permanent employee registration
| ||||||
26 | card shall have his or her fingerprints submitted to the
|
| |||||||
| |||||||
1 | Department of State Police in an electronic format that
| ||||||
2 | complies with the form and manner for requesting and
furnishing | ||||||
3 | criminal history record information as prescribed
by the | ||||||
4 | Department of State Police. These fingerprints shall
be checked | ||||||
5 | against the Department of State Police and Federal
Bureau of | ||||||
6 | Investigation criminal history record databases now
and | ||||||
7 | hereafter filed. The Department of State Police shall
charge | ||||||
8 | applicants a fee for conducting the criminal history
records | ||||||
9 | check, which shall be deposited in the State Police
Services | ||||||
10 | Fund and shall not exceed the actual cost of the
records check. | ||||||
11 | The Department of State Police shall furnish,
pursuant to | ||||||
12 | positive identification, records of Illinois
convictions to | ||||||
13 | the Department. The Department may require
applicants to pay a | ||||||
14 | separate fingerprinting fee, either to the
Department or | ||||||
15 | directly to the vendor. The Department, in
its discretion, may | ||||||
16 | allow an applicant who does not have
reasonable access to a | ||||||
17 | designated vendor to provide his or her
fingerprints in an | ||||||
18 | alternative manner. The
Department, in its discretion, may also | ||||||
19 | use other
procedures in performing or obtaining criminal | ||||||
20 | background
checks of applicants. Instead of submitting his or | ||||||
21 | her
fingerprints, an individual may submit proof that is
| ||||||
22 | satisfactory to the Department that an equivalent security
| ||||||
23 | clearance has been conducted. Also, an individual who has
| ||||||
24 | retired as a peace officer within 12 months of application may
| ||||||
25 | submit verification, on forms provided by the Department and
| ||||||
26 | signed by his or her employer, of his or her previous full-time |
| |||||||
| |||||||
1 | employment as a
peace officer.
| ||||||
2 | (d) The Department shall issue a permanent employee
| ||||||
3 | registration card, in a form the Department prescribes, to all
| ||||||
4 | qualified applicants.
The holder of a permanent employee | ||||||
5 | registration card shall
carry the card at all times while | ||||||
6 | actually engaged in the
performance of the duties of his or her | ||||||
7 | employment.
Expiration and requirements for renewal of | ||||||
8 | permanent employee
registration cards shall be established by | ||||||
9 | rule of the
Department. Possession of a permanent employee | ||||||
10 | registration
card does not in any way imply that the holder of | ||||||
11 | the card is
employed by an agency unless the permanent employee
| ||||||
12 | registration card is accompanied by the employee
| ||||||
13 | identification card required by subsection (f) of this
Section.
| ||||||
14 | (e) Each employer shall maintain a record of each
employee | ||||||
15 | that is accessible to the duly authorized
representatives of | ||||||
16 | the Department. The record shall contain
the following | ||||||
17 | information:
| ||||||
18 | (1) A photograph taken within 10 days of the date
that | ||||||
19 | the employee begins employment with the employer. The
| ||||||
20 | photograph shall be replaced with a current photograph | ||||||
21 | every 3
calendar years.
| ||||||
22 | (2) The Employee's Statement specified in
subsection | ||||||
23 | (b) of this Section.
| ||||||
24 | (3) All correspondence or documents relating to the
| ||||||
25 | character and integrity of the employee received by the
| ||||||
26 | employer from any official source or law enforcement |
| |||||||
| |||||||
1 | agency.
| ||||||
2 | (4) In the case of former employees, the employee
| ||||||
3 | identification card of that person issued under subsection | ||||||
4 | (f)
of this Section. Each employee record shall duly note | ||||||
5 | if the
employee is employed in an armed capacity. Armed | ||||||
6 | employee
files shall contain a copy of an active firearm | ||||||
7 | owner's
identification card and a copy of an active firearm
| ||||||
8 | authorization card. Each employer shall maintain a record | ||||||
9 | for
each armed employee of each instance in which the | ||||||
10 | employee's
weapon was discharged during the course of his | ||||||
11 | or her
professional duties or activities. The record shall | ||||||
12 | be
maintained on forms provided by the Department, a copy | ||||||
13 | of
which must be filed with the Department within 15 days | ||||||
14 | of an
instance. The record shall include the date and time | ||||||
15 | of the
occurrence, the circumstances involved in the | ||||||
16 | occurrence, and
any other information as the Department may | ||||||
17 | require. Failure
to provide this information to the | ||||||
18 | Department or failure to
maintain the record as a part of | ||||||
19 | each armed employee's
permanent file is grounds for | ||||||
20 | disciplinary action. The
Department, upon receipt of a | ||||||
21 | report, shall have the authority
to make any investigation | ||||||
22 | it considers appropriate into any
occurrence in which an | ||||||
23 | employee's weapon was discharged and to
take disciplinary | ||||||
24 | action as may be appropriate.
| ||||||
25 | (5) The Department may, by rule, prescribe further
| ||||||
26 | record requirements.
|
| |||||||
| |||||||
1 | (f) Every employer shall furnish an employee
| ||||||
2 | identification card to each of his or her employees. This
| ||||||
3 | employee identification card shall contain a recent photograph
| ||||||
4 | of the employee, the employee's name, the name and agency
| ||||||
5 | license number of the employer, the employee's personal
| ||||||
6 | description, the signature of the employer, the signature of
| ||||||
7 | that employee, the date of issuance, and an employee
| ||||||
8 | identification card number.
| ||||||
9 | (g) No employer may issue an employee identification
card | ||||||
10 | to any person who is not employed by the employer in
accordance | ||||||
11 | with this Section or falsely state or represent
that a person | ||||||
12 | is or has been in his or her employ. It is
unlawful for an | ||||||
13 | applicant for registered employment to file
with the Department | ||||||
14 | the fingerprints of a person other than
himself or herself.
| ||||||
15 | (h) Every employer shall obtain the identification card
of | ||||||
16 | every employee who terminates employment with him or her.
| ||||||
17 | (i) Every employer shall maintain a separate roster of
the | ||||||
18 | names of all employees currently working in an armed
capacity | ||||||
19 | and submit the roster to the Department on request.
| ||||||
20 | (j) No agency may employ any person to perform a
licensed | ||||||
21 | activity under this Act unless the person possesses a
valid | ||||||
22 | permanent employee registration card or a valid license
under | ||||||
23 | this Act, or is exempt pursuant to subsection (n).
| ||||||
24 | (k) Notwithstanding the provisions of subsection (j), an
| ||||||
25 | agency may employ a person in a temporary capacity if all of
| ||||||
26 | the following conditions are met:
|
| |||||||
| |||||||
1 | (1) The agency completes in its entirety and
submits to | ||||||
2 | the Department an application for a permanent
employee | ||||||
3 | registration card, including the required fingerprint
| ||||||
4 | receipt and fees.
| ||||||
5 | (2) The agency has verification from the Department
| ||||||
6 | that the applicant has no record of any criminal conviction
| ||||||
7 | pursuant to the criminal history check conducted by the
| ||||||
8 | Department of State Police. The agency shall maintain the
| ||||||
9 | verification of the results of the Department of State | ||||||
10 | Police
criminal history check as part of the employee | ||||||
11 | record as
required under subsection (e) of this Section.
| ||||||
12 | (3) The agency exercises due diligence to ensure
that | ||||||
13 | the person is qualified under the requirements of the Act
| ||||||
14 | to be issued a permanent employee registration card.
| ||||||
15 | (4) The agency maintains a separate roster of the
names | ||||||
16 | of all employees whose applications are currently
pending | ||||||
17 | with the Department and submits the roster to the
| ||||||
18 | Department on a monthly basis. Rosters are to be maintained
| ||||||
19 | by the agency for a period of at least 24 months.
| ||||||
20 | An agency may employ only a permanent employee applicant
| ||||||
21 | for which it either submitted a permanent employee application
| ||||||
22 | and all required forms and fees or it confirms with the
| ||||||
23 | Department that a permanent employee application and all
| ||||||
24 | required forms and fees have been submitted by another agency,
| ||||||
25 | licensee or the permanent employee and all other requirements
| ||||||
26 | of this Section are met.
|
| |||||||
| |||||||
1 | The Department shall have the authority to revoke,
without | ||||||
2 | a hearing, the temporary authority of an individual to
work | ||||||
3 | upon receipt of Federal Bureau of Investigation
fingerprint | ||||||
4 | data or a report of another official authority
indicating a | ||||||
5 | criminal conviction. If the Department has not
received a | ||||||
6 | temporary employee's Federal Bureau of
Investigation | ||||||
7 | fingerprint data within 120 days of the date the
Department | ||||||
8 | received the Department of State Police fingerprint
data, the | ||||||
9 | Department may, at its discretion, revoke the
employee's | ||||||
10 | temporary authority to work with 15 days written
notice to the | ||||||
11 | individual and the employing agency.
| ||||||
12 | An agency may not employ a person in a temporary capacity
| ||||||
13 | if it knows or reasonably should have known that the person
has | ||||||
14 | been convicted of a crime under the laws of this State,
has | ||||||
15 | been convicted in another state of any crime that is a
crime | ||||||
16 | under the laws of this State, has been convicted of any
crime | ||||||
17 | in a federal court, or has been posted as an unapproved
| ||||||
18 | applicant by the Department. Notice by the Department to the
| ||||||
19 | agency, via certified mail, personal delivery, electronic
| ||||||
20 | mail, or posting on the Department's Internet site accessible
| ||||||
21 | to the agency that the person has been convicted of a crime
| ||||||
22 | shall be deemed constructive knowledge of the conviction on
the | ||||||
23 | part of the agency. The Department may adopt rules to
implement | ||||||
24 | this
subsection (k).
| ||||||
25 | (l) No person may be employed under this Section in any
| ||||||
26 | capacity if:
|
| |||||||
| |||||||
1 | (1) the person, while so employed, is being paid by
the | ||||||
2 | United States or any political subdivision for the time so
| ||||||
3 | employed in addition to any payments he or she may receive
| ||||||
4 | from the employer; or
| ||||||
5 | (2) the person wears any portion of his or her
official | ||||||
6 | uniform, emblem of authority, or equipment while so
| ||||||
7 | employed.
| ||||||
8 | (m) If information is discovered affecting the
| ||||||
9 | registration of a person whose fingerprints were submitted
| ||||||
10 | under this Section, the Department shall so notify the agency
| ||||||
11 | that submitted the fingerprints on behalf of that person.
| ||||||
12 | (n) Peace officers shall be exempt from the requirements
of | ||||||
13 | this Section relating to permanent employee registration
| ||||||
14 | cards. The agency shall remain responsible for any peace
| ||||||
15 | officer employed under this exemption, regardless of whether
| ||||||
16 | the peace officer is compensated as an employee or as an
| ||||||
17 | independent contractor and as further defined by rule.
| ||||||
18 | (o) Persons who have no access to confidential or
security | ||||||
19 | information and who otherwise do not provide
traditional | ||||||
20 | security services are exempt from employee
registration. | ||||||
21 | Examples of exempt employees include, but are
not limited to, | ||||||
22 | employees working in the capacity of ushers,
directors, ticket | ||||||
23 | takers, cashiers, drivers, and reception
personnel. | ||||||
24 | Confidential or security information is that which
pertains to | ||||||
25 | employee files, scheduling, client contracts, or
technical | ||||||
26 | security and alarm data.
|
| |||||||
| |||||||
1 | (Source: P.A. 93-438, eff. 8-5-03; revised 10-18-05.)
| ||||||
2 | (225 ILCS 447/40-40)
| ||||||
3 | (Section scheduled to be repealed on January 1, 2014)
| ||||||
4 | Sec. 40-40. Nonpayment of child support. In cases where
the | ||||||
5 | Department of Healthcare and Family Services (formerly
| ||||||
6 | Department of Public Aid ) or any circuit court has
previously | ||||||
7 | determined that a licensee or a potential licensee
is more than | ||||||
8 | 30 days delinquent in the payment of child
support and has | ||||||
9 | subsequently certified the delinquency to the
Department, the | ||||||
10 | Department may refuse to issue or renew or may
revoke or | ||||||
11 | suspend that person's license or may take other
disciplinary | ||||||
12 | action against that person based solely upon the
certification | ||||||
13 | of delinquency made by the Department of Healthcare and Family | ||||||
14 | Services (formerly Department of Public
Aid ) or a circuit | ||||||
15 | court. Redetermination of the delinquency by
the Department | ||||||
16 | shall not be required. In cases regarding the
renewal of a | ||||||
17 | license, the Department shall not renew any
license if the | ||||||
18 | Department of Healthcare and Family Services (formerly
| ||||||
19 | Department of Public Aid ) or a circuit court has
certified the | ||||||
20 | licensee to be more than 30 days delinquent in
the payment of | ||||||
21 | child support, unless the licensee has arranged
for payment of | ||||||
22 | past and current child support obligations in a
manner | ||||||
23 | satisfactory to the Department of Healthcare and Family | ||||||
24 | Services (formerly Department of Public Aid ) or circuit
court. | ||||||
25 | The Department may impose conditions, restrictions or
|
| |||||||
| |||||||
1 | disciplinary action upon that renewal in accordance with
| ||||||
2 | Section 40-10 of this Act.
| ||||||
3 | (Source: P.A. 93-438, eff. 8-5-03; revised 12-15-05.)
| ||||||
4 | Section 760. The Illinois Public Accounting Act is amended | ||||||
5 | by changing Sections 14.1 and 28 as follows:
| ||||||
6 | (225 ILCS 450/14.1)
| ||||||
7 | (Section scheduled to be repealed on January 1, 2014)
| ||||||
8 | Sec. 14.1. Foreign accountants. The Department shall issue | ||||||
9 | a
license to a
holder of a foreign designation, granted in a | ||||||
10 | foreign country entitling the
holder thereof to engage in the | ||||||
11 | practice of public accounting, provided that :
| ||||||
12 | (a) the applicant is the holder of a certificate as a | ||||||
13 | certified public accountant from the Board or a | ||||||
14 | registration as a registered certified public accountant | ||||||
15 | from the Department
issued under
this Act; and
| ||||||
16 | (b) the foreign authority that granted the designation | ||||||
17 | makes similar
provision to allow a person who holds a valid | ||||||
18 | license issued by this State to
obtain a foreign | ||||||
19 | authority's comparable designation; and
| ||||||
20 | (c) the foreign designation (i) was duly issued by a | ||||||
21 | foreign authority that
regulates the practice of public | ||||||
22 | accounting and the foreign designation has not
expired or | ||||||
23 | been revoked or suspended; (ii) entitles the holder to | ||||||
24 | issue reports
upon financial statements; and (iii) was |
| |||||||
| |||||||
1 | issued upon the basis of educational,
examination, and | ||||||
2 | experience requirements established by the foreign | ||||||
3 | authority
or by law; and
| ||||||
4 | (d) the applicant (i) received the designation based on | ||||||
5 | standards
substantially equivalent to those in effect in | ||||||
6 | this State at the time the
foreign designation was granted; | ||||||
7 | and (ii) completed an experience requirement,
| ||||||
8 | substantially equivalent to the requirement set out in | ||||||
9 | Section 14, in the
jurisdiction that granted the foreign | ||||||
10 | designation or has completed 5 years of
experience in the | ||||||
11 | practice of public accounting in this State, or meets
| ||||||
12 | equivalent requirements prescribed by the Department by | ||||||
13 | rule,
within the 10
years immediately preceding the | ||||||
14 | application.
| ||||||
15 | (e) Applicants have 3 years from the date of application to | ||||||
16 | complete the application process. If the process has not been | ||||||
17 | completed in 3 years, the application shall be denied, the fee | ||||||
18 | shall be forfeited, and the applicant must reapply and meet the | ||||||
19 | requirements in effect at the time of reapplication.
| ||||||
20 | (Source: P.A. 92-457, eff. 7-1-04; 93-683, eff. 7-2-04; revised | ||||||
21 | 10-11-05.)
| ||||||
22 | (225 ILCS 450/28) (from Ch. 111, par. 5534)
| ||||||
23 | (Section scheduled to be repealed on January 1, 2014)
| ||||||
24 | Sec. 28. Penalties. Each of the following acts perpetrated | ||||||
25 | in the State
of Illinois is a Class B misdemeanor.
|
| |||||||
| |||||||
1 | (a) The practice of public accounting insofar as it | ||||||
2 | consists in
rendering service as described in Section 8, | ||||||
3 | without licensure, in
violation of the provisions of this | ||||||
4 | Act;
| ||||||
5 | (b) The obtaining or attempting to obtain licensure as | ||||||
6 | a licensed
certified public accountant
or registration as a | ||||||
7 | registered certified public accountant by fraud;
| ||||||
8 | (c) The use of the title "Certified Public Accountant" | ||||||
9 | or the abbreviation "C.P.A." or use of any similar words or | ||||||
10 | letters indicating the user is a certified public | ||||||
11 | accountant, the title "Registered Certified Public | ||||||
12 | Accountant", the abbreviation "R.C.P.A.", any similar | ||||||
13 | words or letters indicating the user is a certified public | ||||||
14 | accountant or a registered certified public accountant by | ||||||
15 | any person in contravention of this Act; | ||||||
16 | (c-5) The use of the title "Certified Public | ||||||
17 | Accountant" or "Licensed Certified Public Accountant" or | ||||||
18 | the abbreviation "C.P.A." or "L.C.P.A." or any similar | ||||||
19 | words or letters indicating the user is a certified public | ||||||
20 | accountant by any person in contravention with this Act;
| ||||||
21 | (d) The use of the title
"Certified Public Accountant" | ||||||
22 | or the
abbreviation "C.P.A." or any similar words or | ||||||
23 | letters indicating that the
members are certified public | ||||||
24 | accountants, by any partnership, limited liability | ||||||
25 | company, corporation, or other entity unless all
members | ||||||
26 | thereof personally engaged in the practice of public |
| |||||||
| |||||||
1 | accounting in
this State
are licensed as licensed certified | ||||||
2 | public
accountants by the
Department, and
are holders of an | ||||||
3 | effective unrevoked license, and the partnership, limited | ||||||
4 | liability company, corporation, or other entity
is | ||||||
5 | licensed as licensed certified public accountants by the
| ||||||
6 | Board
with an effective
unrevoked license;
| ||||||
7 | (e) The use of the title "Licensed Certified Public | ||||||
8 | Accountant", or the abbreviation
"L.C.P.A."
or any similar | ||||||
9 | words or letters indicating such person is a licensed
| ||||||
10 | certified public
accountant, by any person not licensed as | ||||||
11 | a licensed certified public
accountant by the
Department, | ||||||
12 | and holding an effective unrevoked license; provided
| ||||||
13 | nothing in
this Act shall prohibit the use of the title | ||||||
14 | "Accountant" or "Bookkeeper" by
any person;
| ||||||
15 | (f) The use of the title "Licensed Certified Public | ||||||
16 | Accountants",
"Public
Accountants" or the abbreviation | ||||||
17 | "P.A.'s"
or any similar words or letters indicating that | ||||||
18 | the members are public
accountants by any partnership, | ||||||
19 | limited liability company, corporation, or other entity
| ||||||
20 | unless all members thereof personally
engaged in the | ||||||
21 | practice of public accounting in this State are licensed
as | ||||||
22 | licensed certified public accountants by the
Department
| ||||||
23 | and are holders
of effective
unrevoked licenses, and the | ||||||
24 | partnership is licensed as a public
accounting
firm by
the | ||||||
25 | Department with an effective unrevoked license
licenses ;
| ||||||
26 | (g) Making false statements to the Department
|
| |||||||
| |||||||
1 | regarding
compliance with
continuing professional | ||||||
2 | education requirements;
| ||||||
3 | (h) The use of the title "Certified Public Accountant" | ||||||
4 | or the abbreviation "C.P.A." or any similar words or | ||||||
5 | letters indicating that the members are certified public | ||||||
6 | accountants, by any partnership unless all members thereof | ||||||
7 | personally engaged in the practice of public accounting in | ||||||
8 | this State have received certificates as certified public | ||||||
9 | accountants from the Board, are licensed as public | ||||||
10 | accountants by the Department, and are holders of an | ||||||
11 | effective unrevoked license, and the partnership is | ||||||
12 | licensed as public accountants by the Department with an | ||||||
13 | effective unrevoked license. | ||||||
14 | This Section does not prohibit a firm partnership, limited | ||||||
15 | liability company, corporation, or other entity who does not | ||||||
16 | practice public accounting as set forth in Section 8 of this | ||||||
17 | Act and whose members residing in Illinois are registered with | ||||||
18 | the Department from using the title "Certified Public | ||||||
19 | Accountant" or the abbreviation "C.P.A." or "CPA" or similar | ||||||
20 | words or letters indicating that the members are certified | ||||||
21 | public accountants.
| ||||||
22 | (Source: P.A. 92-457, eff. 7-1-04; 93-683, eff. 7-2-04; revised | ||||||
23 | 11-5-04.)
| ||||||
24 | Section 765. The Real Estate License Act of 2000 is amended | ||||||
25 | by changing Section 20-45 as follows:
|
| |||||||
| |||||||
1 | (225 ILCS 454/20-45)
| ||||||
2 | (Section scheduled to be repealed on January 1, 2010)
| ||||||
3 | Sec. 20-45. Nonpayment of child support. In cases in which | ||||||
4 | the Department of Healthcare and Family Services (formerly
| ||||||
5 | Department of Public Aid ) has previously determined that a
| ||||||
6 | licensee or a
potential licensee is more than 30 days | ||||||
7 | delinquent in the payment of child
support and has
subsequently | ||||||
8 | certified the delinquency to OBRE, OBRE may refuse to issue or
| ||||||
9 | renew or may
revoke or suspend that person's license or may | ||||||
10 | take other disciplinary action
against that person
based solely | ||||||
11 | upon the certification of delinquency made by the Department of | ||||||
12 | Healthcare and Family Services (formerly Department of
Public | ||||||
13 | Aid ) .
Redetermination of the delinquency by OBRE shall not be | ||||||
14 | required. In cases
regarding the renewal
of a license, OBRE | ||||||
15 | shall not renew any license if the Department of Healthcare and | ||||||
16 | Family Services (formerly Department of Public Aid )
has | ||||||
17 | certified the
licensee to be more than 30 days delinquent in | ||||||
18 | the payment of child support
unless the licensee has
arranged | ||||||
19 | for payment of past and current child support obligations in a | ||||||
20 | manner
satisfactory to the
Department of Healthcare and Family | ||||||
21 | Services (formerly Department of Public Aid ) . OBRE may impose | ||||||
22 | conditions, restrictions, or
disciplinary action upon
that | ||||||
23 | renewal.
| ||||||
24 | (Source: P.A. 91-245, eff. 12-31-99; revised 12-15-05.)
|
| |||||||
| |||||||
1 | Section 770. The Real Estate Appraiser Licensing Act of | ||||||
2 | 2002 is amended by changing Section 15-50 as follows:
| ||||||
3 | (225 ILCS 458/15-50)
| ||||||
4 | (Section scheduled to be repealed on January 1, 2012)
| ||||||
5 | Sec. 15-50. Nonpayment of child support. In cases where the | ||||||
6 | Department of Healthcare and Family Services (formerly
| ||||||
7 | Department of
Public Aid ) has
previously determined that a | ||||||
8 | licensee or a potential licensee is more than 30
days | ||||||
9 | delinquent in the
payment of child support and has subsequently | ||||||
10 | certified the delinquency to
OBRE, OBRE may refuse
to issue or | ||||||
11 | renew or may revoke or suspend that person's license or may | ||||||
12 | take
other disciplinary action
against that person based solely | ||||||
13 | upon the certification of delinquency made by
the Department of | ||||||
14 | Healthcare and Family Services (formerly Department of Public
| ||||||
15 | Aid ) . Redetermination of the delinquency by OBRE shall not be | ||||||
16 | required. In cases
regarding the renewal
of a license, OBRE | ||||||
17 | shall not renew any license if the Department of Healthcare and | ||||||
18 | Family Services (formerly Department of Public Aid )
has | ||||||
19 | certified the licensee
to be more than 30 days delinquent in | ||||||
20 | the payment of child support, unless the
licensee has arranged | ||||||
21 | for
payment of past and current child support obligations in a | ||||||
22 | manner satisfactory
to the Department of Healthcare and Family | ||||||
23 | Services (formerly Department of
Public Aid ) . OBRE may impose | ||||||
24 | conditions, restrictions, or disciplinary action
upon that | ||||||
25 | renewal.
|
| |||||||
| |||||||
1 | (Source: P.A. 92-180, eff. 7-1-02; revised 12-15-05.)
| ||||||
2 | Section 775. The Illinois Petroleum Education and | ||||||
3 | Marketing Act is amended by changing Section 10 as follows:
| ||||||
4 | (225 ILCS 728/10)
| ||||||
5 | (Section scheduled to be repealed on January 1, 2008)
| ||||||
6 | Sec. 10. Illinois Petroleum Resources Board.
| ||||||
7 | (a) There is hereby created until January 1, 2008, the | ||||||
8 | Illinois Petroleum
Resources Board which shall be subject to | ||||||
9 | the provisions of the Regulatory
Sunset Act. The purpose of the | ||||||
10 | Board is to coordinate a program designed to
demonstrate to the | ||||||
11 | general public the importance of the Illinois oil
exploration | ||||||
12 | and production industry, to encourage the wise and efficient | ||||||
13 | use of
energy, to promote environmentally
sound production | ||||||
14 | methods and technologies, to develop existing supplies of
State | ||||||
15 | oil resources, and to support research and educational | ||||||
16 | activities
concerning the oil exploration and production | ||||||
17 | industry.
| ||||||
18 | (b) The Board shall be composed of 12 members to be
| ||||||
19 | appointed by the Governor. The Governor shall make appointments | ||||||
20 | from a
list of names submitted by qualified producer | ||||||
21 | associations, of which 10 shall
be oil and gas producers.
| ||||||
22 | (c) A member of the Board shall:
| ||||||
23 | (1) be at least 25 years of age;
| ||||||
24 | (2) be a resident of the State of Illinois; and
|
| |||||||
| |||||||
1 | (3) have at least 5 years of active experience in the | ||||||
2 | oil industry.
| ||||||
3 | (d) Members shall serve for a term of 3 years, except that | ||||||
4 | of the initial
appointments, 4 members shall serve for one | ||||||
5 | year, 4 members for 2 years, and 4
members for 3 years.
| ||||||
6 | (e) Vacancies shall be filled for the unexpired term of | ||||||
7 | office in the same
manner as the original appointment.
| ||||||
8 | (f) The Board shall, at its first meeting, elect one of its | ||||||
9 | members as
chairperson, who shall preside over meetings of the | ||||||
10 | Board and perform
other duties that may be required by the | ||||||
11 | Board. The first meeting of the Board
shall be called by the | ||||||
12 | Governor.
| ||||||
13 | (g) No member of the Board shall receive a salary or | ||||||
14 | reimbursement for
duties performed as a member of the Board, | ||||||
15 | except that members are eligible to
receive
reimbursement for | ||||||
16 | travel expenses incurred in the performance of Board duties.
| ||||||
17 | (Source: P.A. 92-610, eff. 7-1-02; 92-651, eff. 7-11-02; | ||||||
18 | revised 8-12-02.)
| ||||||
19 | Section 780. The Illinois Horse Racing Act of 1975 is | ||||||
20 | amended by changing Section 1.3 as follows:
| ||||||
21 | (230 ILCS 5/1.3)
| ||||||
22 | Sec. 1.3. Legislative findings.
| ||||||
23 | (a) The General Assembly finds that the Illinois gaming | ||||||
24 | industry is a single
industry consisting of horse racing and |
| |||||||
| |||||||
1 | riverboat gambling. Reports issued by
the Economic and Fiscal | ||||||
2 | Commission (now Commission on Government Forecasting and | ||||||
3 | Accountability ) in 1992, 1994, and 1998 have
found that horse | ||||||
4 | racing and riverboat gambling:
| ||||||
5 | (1) "share many of the same characteristics" and are | ||||||
6 | "more alike than
different";
| ||||||
7 | (2) are planned events;
| ||||||
8 | (3) have similar odds of winning;
| ||||||
9 | (4) occur in similar settings; and
| ||||||
10 | (5) compete with each other for limited gaming dollars.
| ||||||
11 | (b) The General Assembly declares it to be the public | ||||||
12 | policy of this State
to ensure the viability of both horse | ||||||
13 | racing and riverboat aspects of the
Illinois gaming industry.
| ||||||
14 | (Source: P.A. 93-1067, eff. 1-15-05; revised 10-11-05.)
| ||||||
15 | Section 785. The Riverboat Gambling Act is amended by | ||||||
16 | changing Sections 4 and 13 as follows:
| ||||||
17 | (230 ILCS 10/4) (from Ch. 120, par. 2404)
| ||||||
18 | Sec. 4. Definitions. As used in this Act:
| ||||||
19 | (a) "Board" means the Illinois Gaming Board.
| ||||||
20 | (b) "Occupational license" means a license issued by the | ||||||
21 | Board to a
person or entity to perform an occupation which the | ||||||
22 | Board has identified as
requiring a license to engage in | ||||||
23 | riverboat gambling in Illinois.
| ||||||
24 | (c) "Gambling game" includes, but is not limited to, |
| |||||||
| |||||||
1 | baccarat,
twenty-one, poker, craps, slot machine, video game of | ||||||
2 | chance, roulette
wheel, klondike table, punchboard, faro | ||||||
3 | layout, keno layout, numbers
ticket, push card, jar ticket, or | ||||||
4 | pull tab which is authorized by the Board
as a wagering device | ||||||
5 | under this Act.
| ||||||
6 | (d) "Riverboat" means a self-propelled excursion boat, a
| ||||||
7 | permanently moored barge, or permanently moored barges that are | ||||||
8 | permanently
fixed together to operate as one vessel, on which | ||||||
9 | lawful gambling is
authorized and licensed as
provided in this | ||||||
10 | Act.
| ||||||
11 | (e) "Managers license" means a license issued by the Board | ||||||
12 | to a person or
entity
to manage gambling operations conducted | ||||||
13 | by the State pursuant to Section 7.3
7.2 .
| ||||||
14 | (f) "Dock" means the location where a riverboat moors for | ||||||
15 | the purpose of
embarking passengers for and disembarking | ||||||
16 | passengers from the riverboat.
| ||||||
17 | (g) "Gross receipts" means the total amount of money | ||||||
18 | exchanged for the
purchase of chips, tokens or electronic cards | ||||||
19 | by riverboat patrons.
| ||||||
20 | (h) "Adjusted gross receipts" means the gross receipts less
| ||||||
21 | winnings paid to wagerers.
| ||||||
22 | (i) "Cheat" means to alter the selection of criteria which | ||||||
23 | determine the
result of a gambling game or the amount or | ||||||
24 | frequency of payment in a gambling
game.
| ||||||
25 | (j) "Department" means the Department of Revenue.
| ||||||
26 | (k) "Gambling operation" means the conduct of authorized |
| |||||||
| |||||||
1 | gambling games
upon a riverboat.
| ||||||
2 | (l) "License bid" means the lump sum amount of money that | ||||||
3 | an applicant
bids and agrees to pay the State in return for an | ||||||
4 | owners license that is
re-issued on or after July 1, 2003.
| ||||||
5 | (m) The terms "minority person" and "female" shall have the | ||||||
6 | same meaning
as
defined in
Section 2 of the Business Enterprise | ||||||
7 | for Minorities, Females, and Persons with
Disabilities Act.
| ||||||
8 | (Source: P.A. 92-600, eff. 6-28-02; 93-28, eff. 6-20-03; | ||||||
9 | revised 1-28-04.)
| ||||||
10 | (230 ILCS 10/13) (from Ch. 120, par. 2413)
| ||||||
11 | Sec. 13. Wagering tax; rate; distribution.
| ||||||
12 | (a) Until January 1, 1998, a tax is imposed on the adjusted | ||||||
13 | gross
receipts received from gambling games authorized under | ||||||
14 | this Act at the rate of
20%.
| ||||||
15 | (a-1) From January 1, 1998 until July 1, 2002, a privilege | ||||||
16 | tax is
imposed on persons engaged in the business of conducting | ||||||
17 | riverboat gambling
operations, based on the adjusted gross | ||||||
18 | receipts received by a licensed owner
from gambling games | ||||||
19 | authorized under this Act at the following rates:
| ||||||
20 | 15% of annual adjusted gross receipts up to and | ||||||
21 | including $25,000,000;
| ||||||
22 | 20% of annual adjusted gross receipts in excess of | ||||||
23 | $25,000,000 but not
exceeding $50,000,000;
| ||||||
24 | 25% of annual adjusted gross receipts in excess of | ||||||
25 | $50,000,000 but not
exceeding $75,000,000;
|
| |||||||
| |||||||
1 | 30% of annual adjusted gross receipts in excess of | ||||||
2 | $75,000,000 but not
exceeding $100,000,000;
| ||||||
3 | 35% of annual adjusted gross receipts in excess of | ||||||
4 | $100,000,000.
| ||||||
5 | (a-2) From July 1, 2002 until July 1, 2003, a privilege tax | ||||||
6 | is imposed on
persons engaged in the business of conducting | ||||||
7 | riverboat gambling operations,
other than licensed managers | ||||||
8 | conducting riverboat gambling operations on behalf
of the | ||||||
9 | State, based on the adjusted gross receipts received by a | ||||||
10 | licensed
owner from gambling games authorized under this Act at | ||||||
11 | the following rates:
| ||||||
12 | 15% of annual adjusted gross receipts up to and | ||||||
13 | including $25,000,000;
| ||||||
14 | 22.5% of annual adjusted gross receipts in excess of | ||||||
15 | $25,000,000 but not
exceeding $50,000,000;
| ||||||
16 | 27.5% of annual adjusted gross receipts in excess of | ||||||
17 | $50,000,000 but not
exceeding $75,000,000;
| ||||||
18 | 32.5% of annual adjusted gross receipts in excess of | ||||||
19 | $75,000,000 but not
exceeding $100,000,000;
| ||||||
20 | 37.5% of annual adjusted gross receipts in excess of | ||||||
21 | $100,000,000 but not
exceeding $150,000,000;
| ||||||
22 | 45% of annual adjusted gross receipts in excess of | ||||||
23 | $150,000,000 but not
exceeding $200,000,000;
| ||||||
24 | 50% of annual adjusted gross receipts in excess of | ||||||
25 | $200,000,000.
| ||||||
26 | (a-3) Beginning July 1, 2003, a privilege tax is imposed on |
| |||||||
| |||||||
1 | persons engaged
in the business of conducting riverboat | ||||||
2 | gambling operations, other than
licensed managers conducting | ||||||
3 | riverboat gambling operations on behalf of the
State, based on | ||||||
4 | the adjusted gross receipts received by a licensed owner from
| ||||||
5 | gambling games authorized under this Act at the following | ||||||
6 | rates:
| ||||||
7 | 15% of annual adjusted gross receipts up to and | ||||||
8 | including $25,000,000;
| ||||||
9 | 27.5% of annual adjusted gross receipts in excess of | ||||||
10 | $25,000,000 but not
exceeding $37,500,000;
| ||||||
11 | 32.5% of annual adjusted gross receipts in excess of | ||||||
12 | $37,500,000 but not
exceeding $50,000,000;
| ||||||
13 | 37.5% of annual adjusted gross receipts in excess of | ||||||
14 | $50,000,000 but not
exceeding $75,000,000;
| ||||||
15 | 45% of annual adjusted gross receipts in excess of | ||||||
16 | $75,000,000 but not
exceeding $100,000,000;
| ||||||
17 | 50% of annual adjusted gross receipts in excess of | ||||||
18 | $100,000,000 but not
exceeding $250,000,000;
| ||||||
19 | 70% of annual adjusted gross receipts in excess of | ||||||
20 | $250,000,000.
| ||||||
21 | An amount equal to the amount of wagering taxes collected | ||||||
22 | under this
subsection (a-3) that are in addition to the amount | ||||||
23 | of wagering taxes that
would have been collected if the | ||||||
24 | wagering tax rates under subsection (a-2)
were in effect shall | ||||||
25 | be paid into the Common School Fund.
| ||||||
26 | The privilege tax imposed under this subsection (a-3) shall |
| |||||||
| |||||||
1 | no longer be
imposed beginning on the earlier of (i) July 1, | ||||||
2 | 2005; (ii) the first date
after June 20, 2003 that riverboat | ||||||
3 | gambling operations are conducted
pursuant to a dormant | ||||||
4 | license; or (iii) the first day that riverboat gambling
| ||||||
5 | operations are conducted under the authority of an owners | ||||||
6 | license that is in
addition to the 10 owners licenses initially | ||||||
7 | authorized under this Act.
For the purposes of this subsection | ||||||
8 | (a-3), the term "dormant license"
means an owners license that | ||||||
9 | is authorized by this Act under which no
riverboat gambling | ||||||
10 | operations are being conducted on June 20, 2003.
| ||||||
11 | (a-4) Beginning on the first day on which the tax imposed | ||||||
12 | under
subsection (a-3) is no longer imposed, a privilege tax is | ||||||
13 | imposed on persons
engaged in the business of conducting | ||||||
14 | riverboat gambling operations, other
than licensed managers | ||||||
15 | conducting riverboat gambling operations on behalf of
the | ||||||
16 | State, based on the adjusted gross receipts received by a | ||||||
17 | licensed owner
from gambling games authorized under this Act at | ||||||
18 | the following rates:
| ||||||
19 | 15% of annual adjusted gross receipts up to and | ||||||
20 | including $25,000,000;
| ||||||
21 | 22.5% of annual adjusted gross receipts in excess of | ||||||
22 | $25,000,000 but not
exceeding $50,000,000;
| ||||||
23 | 27.5% of annual adjusted gross receipts in excess of | ||||||
24 | $50,000,000 but not
exceeding $75,000,000;
| ||||||
25 | 32.5% of annual adjusted gross receipts in excess of | ||||||
26 | $75,000,000 but not
exceeding $100,000,000;
|
| |||||||
| |||||||
1 | 37.5% of annual adjusted gross receipts in excess of | ||||||
2 | $100,000,000 but not
exceeding $150,000,000;
| ||||||
3 | 45% of annual adjusted gross receipts in excess of | ||||||
4 | $150,000,000 but not
exceeding $200,000,000;
| ||||||
5 | 50% of annual adjusted gross receipts in excess of | ||||||
6 | $200,000,000.
| ||||||
7 | (a-8) Riverboat gambling operations conducted by a | ||||||
8 | licensed manager on
behalf of the State are not subject to the | ||||||
9 | tax imposed under this Section.
| ||||||
10 | (a-10) The taxes imposed by this Section shall be paid by | ||||||
11 | the licensed
owner to the Board not later than 3:00 o'clock | ||||||
12 | p.m. of the day after the day
when the wagers were made.
| ||||||
13 | (a-15) If the privilege tax imposed under subsection (a-3) | ||||||
14 | is no longer imposed pursuant to item (i) of the last paragraph | ||||||
15 | of subsection (a-3), then by June 15 of each year, each owners | ||||||
16 | licensee, other than an owners licensee that admitted 1,000,000 | ||||||
17 | persons or
fewer in calendar year 2004, must, in addition to | ||||||
18 | the payment of all amounts otherwise due under this Section, | ||||||
19 | pay to the Board a reconciliation payment in the amount, if | ||||||
20 | any, by which the licensed owner's base amount exceeds the | ||||||
21 | amount of net privilege tax paid by the licensed owner to the | ||||||
22 | Board in the then current State fiscal year. A licensed owner's | ||||||
23 | net privilege tax obligation due for the balance of the State | ||||||
24 | fiscal year shall be reduced up to the total of the amount paid | ||||||
25 | by the licensed owner in its June 15 reconciliation payment. | ||||||
26 | The obligation imposed by this subsection (a-15) is binding on |
| |||||||
| |||||||
1 | any person, firm, corporation, or other entity that acquires an | ||||||
2 | ownership interest in any such owners license. The obligation | ||||||
3 | imposed under this subsection (a-15) terminates on the earliest | ||||||
4 | of: (i) July 1, 2007, (ii) the first day after the effective | ||||||
5 | date of this amendatory Act of the 94th General Assembly that | ||||||
6 | riverboat gambling operations are conducted pursuant to a | ||||||
7 | dormant license, (iii) the first day that riverboat gambling | ||||||
8 | operations are conducted under the authority of an owners | ||||||
9 | license that is in addition to the 10 owners licenses initially | ||||||
10 | authorized under this Act, or (iv) the first day that a | ||||||
11 | licensee under the Illinois Horse Racing Act of 1975 conducts | ||||||
12 | gaming operations with slot machines or other electronic gaming | ||||||
13 | devices. The Board must reduce the obligation imposed under | ||||||
14 | this subsection (a-15) by an amount the Board deems reasonable | ||||||
15 | for any of the following reasons: (A) an act or acts of God, | ||||||
16 | (B) an act of bioterrorism or terrorism or a bioterrorism or | ||||||
17 | terrorism threat that was investigated by a law enforcement | ||||||
18 | agency, or (C) a condition beyond the control of the owners | ||||||
19 | licensee that does not result from any act or omission by the | ||||||
20 | owners licensee or any of its agents and that poses a hazardous | ||||||
21 | threat to the health and safety of patrons. If an owners | ||||||
22 | licensee pays an amount in excess of its liability under this | ||||||
23 | Section, the Board shall apply the overpayment to future | ||||||
24 | payments required under this Section. | ||||||
25 | For purposes of this subsection (a-15): | ||||||
26 | "Act of God" means an incident caused by the operation of |
| |||||||
| |||||||
1 | an extraordinary force that cannot be foreseen, that cannot be | ||||||
2 | avoided by the exercise of due care, and for which no person | ||||||
3 | can be held liable.
| ||||||
4 | "Base amount" means the following: | ||||||
5 | For a riverboat in Alton, $31,000,000.
| ||||||
6 | For a riverboat in East Peoria, $43,000,000.
| ||||||
7 | For the Empress riverboat in Joliet, $86,000,000.
| ||||||
8 | For a riverboat in Metropolis, $45,000,000.
| ||||||
9 | For the Harrah's riverboat in Joliet, $114,000,000.
| ||||||
10 | For a riverboat in Aurora, $86,000,000.
| ||||||
11 | For a riverboat in East St. Louis, $48,500,000.
| ||||||
12 | For a riverboat in Elgin, $198,000,000.
| ||||||
13 | "Dormant license" has the meaning ascribed to it in | ||||||
14 | subsection (a-3).
| ||||||
15 | "Net privilege tax" means all privilege taxes paid by a | ||||||
16 | licensed owner to the Board under this Section, less all | ||||||
17 | payments made from the State Gaming Fund pursuant to subsection | ||||||
18 | (b) of this Section. | ||||||
19 | The changes made to this subsection (a-15) by Public Act | ||||||
20 | 94-839
this amendatory Act of the 94th General Assembly are | ||||||
21 | intended to restate and clarify the intent of Public Act 94-673 | ||||||
22 | with respect to the amount of the payments required to be made | ||||||
23 | under this subsection by an owners licensee to the Board.
| ||||||
24 | (b) Until January 1, 1998, 25% of the tax revenue deposited | ||||||
25 | in the State
Gaming Fund under this Section shall be paid, | ||||||
26 | subject to appropriation by the
General Assembly, to the unit |
| |||||||
| |||||||
1 | of local government which is designated as the
home dock of the | ||||||
2 | riverboat. Beginning January 1, 1998, from the tax revenue
| ||||||
3 | deposited in the State Gaming Fund under this Section, an | ||||||
4 | amount equal to 5% of
adjusted gross receipts generated by a | ||||||
5 | riverboat shall be paid monthly, subject
to appropriation by | ||||||
6 | the General Assembly, to the unit of local government that
is | ||||||
7 | designated as the home dock of the riverboat. From the tax | ||||||
8 | revenue
deposited in the State Gaming Fund pursuant to | ||||||
9 | riverboat gambling operations
conducted by a licensed manager | ||||||
10 | on behalf of the State, an amount equal to 5%
of adjusted gross | ||||||
11 | receipts generated pursuant to those riverboat gambling
| ||||||
12 | operations shall be paid monthly,
subject to appropriation by | ||||||
13 | the General Assembly, to the unit of local
government that is | ||||||
14 | designated as the home dock of the riverboat upon which
those | ||||||
15 | riverboat gambling operations are conducted.
| ||||||
16 | (c) Appropriations, as approved by the General Assembly, | ||||||
17 | may be made
from the State Gaming Fund to the Department of | ||||||
18 | Revenue and the Department
of State Police for the | ||||||
19 | administration and enforcement of this Act, or to the
| ||||||
20 | Department of Human Services for the administration of programs | ||||||
21 | to treat
problem gambling.
| ||||||
22 | (c-5) Before May 26, 2006 ( the effective date of Public Act | ||||||
23 | 94-804)
this amendatory Act of the 94th General Assembly and | ||||||
24 | beginning 2 years after May 26, 2006 ( the effective date of | ||||||
25 | Public Act 94-804)
this amendatory Act of the 94th General | ||||||
26 | Assembly , after the payments required under subsections (b) and |
| |||||||
| |||||||
1 | (c) have been
made, an amount equal to 15% of the adjusted | ||||||
2 | gross receipts of (1) an owners
licensee that relocates | ||||||
3 | pursuant to Section 11.2,
(2) an owners licensee
conducting | ||||||
4 | riverboat gambling operations
pursuant to an
owners license | ||||||
5 | that is initially issued after June
25, 1999,
or (3) the first
| ||||||
6 | riverboat gambling operations conducted by a licensed manager | ||||||
7 | on behalf of the
State under Section 7.3,
whichever comes | ||||||
8 | first, shall be paid from the State
Gaming Fund into the Horse | ||||||
9 | Racing Equity Fund.
| ||||||
10 | (c-10) Each year the General Assembly shall appropriate | ||||||
11 | from the General
Revenue Fund to the Education Assistance Fund | ||||||
12 | an amount equal to the amount
paid into the Horse Racing Equity | ||||||
13 | Fund pursuant to subsection (c-5) in the
prior calendar year.
| ||||||
14 | (c-15) After the payments required under subsections (b), | ||||||
15 | (c), and (c-5)
have been made, an amount equal to 2% of the | ||||||
16 | adjusted gross receipts of (1)
an owners licensee that | ||||||
17 | relocates pursuant to Section 11.2, (2) an owners
licensee | ||||||
18 | conducting riverboat gambling operations pursuant to
an
owners | ||||||
19 | license that is initially issued after June 25, 1999,
or (3) | ||||||
20 | the first
riverboat gambling operations conducted by a licensed | ||||||
21 | manager on behalf of the
State under Section 7.3,
whichever | ||||||
22 | comes first, shall be paid, subject to appropriation
from the | ||||||
23 | General Assembly, from the State Gaming Fund to each home rule
| ||||||
24 | county with a population of over 3,000,000 inhabitants for the | ||||||
25 | purpose of
enhancing the county's criminal justice system.
| ||||||
26 | (c-20) Each year the General Assembly shall appropriate |
| |||||||
| |||||||
1 | from the General
Revenue Fund to the Education Assistance Fund | ||||||
2 | an amount equal to the amount
paid to each home rule county | ||||||
3 | with a population of over 3,000,000 inhabitants
pursuant to | ||||||
4 | subsection (c-15) in the prior calendar year.
| ||||||
5 | (c-25) After the payments required under subsections (b), | ||||||
6 | (c), (c-5) and
(c-15) have been made, an amount equal to 2% of | ||||||
7 | the
adjusted gross receipts of (1) an owners licensee
that
| ||||||
8 | relocates pursuant to Section 11.2, (2) an
owners
licensee | ||||||
9 | conducting riverboat gambling operations pursuant to
an
owners | ||||||
10 | license
that is initially issued after June 25, 1999,
or (3) | ||||||
11 | the first
riverboat gambling operations conducted by a licensed | ||||||
12 | manager on behalf of the
State under Section 7.3,
whichever
| ||||||
13 | comes first,
shall be paid from the State
Gaming Fund to | ||||||
14 | Chicago State University.
| ||||||
15 | (d) From time to time, the
Board shall transfer the | ||||||
16 | remainder of the funds
generated by this Act into the Education
| ||||||
17 | Assistance Fund, created by Public Act 86-0018, of the State of | ||||||
18 | Illinois.
| ||||||
19 | (e) Nothing in this Act shall prohibit the unit of local | ||||||
20 | government
designated as the home dock of the riverboat from | ||||||
21 | entering into agreements
with other units of local government | ||||||
22 | in this State or in other states to
share its portion of the | ||||||
23 | tax revenue.
| ||||||
24 | (f) To the extent practicable, the Board shall administer | ||||||
25 | and collect the
wagering taxes imposed by this Section in a | ||||||
26 | manner consistent with the
provisions of Sections 4, 5, 5a, 5b, |
| |||||||
| |||||||
1 | 5c, 5d, 5e, 5f, 5g, 5i, 5j, 6, 6a, 6b,
6c, 8, 9, and 10 of the | ||||||
2 | Retailers' Occupation Tax Act and Section 3-7 of the
Uniform | ||||||
3 | Penalty and Interest Act.
| ||||||
4 | (Source: P.A. 93-27, eff. 6-20-03; 93-28, eff. 6-20-03; 94-673, | ||||||
5 | eff. 8-23-05; 94-804, eff. 5-26-06; 94-839, eff. 6-6-06; | ||||||
6 | revised 8-3-06.)
| ||||||
7 | Section 790. The Liquor Control Act of 1934 is amended by | ||||||
8 | changing Sections 5-1, 6-2, 6-11, 6-16.2, 7-5, 7-6, and 12-4 | ||||||
9 | and by setting forth and renumbering multiple versions of | ||||||
10 | Section 6-33 as follows:
| ||||||
11 | (235 ILCS 5/5-1) (from Ch. 43, par. 115)
| ||||||
12 | Sec. 5-1. Licenses issued by the Illinois Liquor Control | ||||||
13 | Commission
shall be of the following classes:
| ||||||
14 | (a) Manufacturer's license - Class 1.
Distiller, Class 2. | ||||||
15 | Rectifier, Class 3. Brewer, Class 4. First Class Wine
| ||||||
16 | Manufacturer, Class 5. Second Class Wine Manufacturer,
Class 6. | ||||||
17 | First Class Winemaker, Class 7. Second Class Winemaker, Class | ||||||
18 | 8.
Limited Wine Manufacturer,
| ||||||
19 | (b) Distributor's license,
| ||||||
20 | (c) Importing Distributor's license,
| ||||||
21 | (d) Retailer's license,
| ||||||
22 | (e) Special Event Retailer's license (not-for-profit),
| ||||||
23 | (f) Railroad license,
| ||||||
24 | (g) Boat license,
|
| |||||||
| |||||||
1 | (h) Non-Beverage User's license,
| ||||||
2 | (i) Wine-maker's premises license,
| ||||||
3 | (j) Airplane license,
| ||||||
4 | (k) Foreign importer's license,
| ||||||
5 | (l) Broker's license,
| ||||||
6 | (m) Non-resident dealer's
license,
| ||||||
7 | (n) Brew Pub license,
| ||||||
8 | (o) Auction liquor license,
| ||||||
9 | (p) Caterer retailer license,
| ||||||
10 | (q) Special use permit license.
| ||||||
11 | No
person, firm, partnership, corporation, or other legal | ||||||
12 | business entity that is
engaged in the manufacturing of wine | ||||||
13 | may concurrently obtain and hold a
wine-maker's license and a | ||||||
14 | wine manufacturer's license.
| ||||||
15 | (a) A manufacturer's license shall allow the manufacture,
| ||||||
16 | importation in bulk, storage, distribution and sale of | ||||||
17 | alcoholic liquor
to persons without the State, as may be | ||||||
18 | permitted by law and to licensees
in this State as follows:
| ||||||
19 | Class 1. A Distiller may make sales and deliveries of | ||||||
20 | alcoholic liquor to
distillers, rectifiers, importing | ||||||
21 | distributors, distributors and
non-beverage users and to no | ||||||
22 | other licensees.
| ||||||
23 | Class 2. A Rectifier, who is not a distiller, as defined | ||||||
24 | herein, may make
sales and deliveries of alcoholic liquor to | ||||||
25 | rectifiers, importing distributors,
distributors, retailers | ||||||
26 | and non-beverage users and to no other licensees.
|
| |||||||
| |||||||
1 | Class 3. A Brewer may make sales and deliveries of beer to | ||||||
2 | importing
distributors, distributors, and to non-licensees, | ||||||
3 | and to
retailers provided the brewer obtains an importing | ||||||
4 | distributor's license or
distributor's license in accordance | ||||||
5 | with the provisions of this Act.
| ||||||
6 | Class 4. A first class wine-manufacturer may make sales and | ||||||
7 | deliveries of
up to 50,000 gallons of wine to manufacturers,
| ||||||
8 | importing
distributors and distributors, and to no other | ||||||
9 | licensees.
| ||||||
10 | Class 5. A second class Wine manufacturer may make sales | ||||||
11 | and deliveries
of more than 50,000 gallons of wine to | ||||||
12 | manufacturers, importing distributors
and distributors and to | ||||||
13 | no other licensees.
| ||||||
14 | Class 6. A first-class wine-maker's license shall allow the | ||||||
15 | manufacture
of up to 50,000 gallons of wine per year, and the
| ||||||
16 | storage
and sale of such
wine to distributors in the State and | ||||||
17 | to persons without the
State, as may be permitted by law. A | ||||||
18 | first-class wine-maker's license shall
allow the sale of no | ||||||
19 | more than 5,000
gallons of the licensee's wine to retailers. | ||||||
20 | The State Commission shall issue
only one first-class | ||||||
21 | wine-maker's license to any person, firm, partnership,
| ||||||
22 | corporation, or other legal business entity that is engaged in | ||||||
23 | the making of
less than 50,000 gallons of wine annually that | ||||||
24 | applies for a first-class
wine-maker's license. No subsidiary | ||||||
25 | or affiliate thereof, nor any officer,
associate, member, | ||||||
26 | partner, representative, employee, agent, or shareholder may
|
| |||||||
| |||||||
1 | be issued an additional wine-maker's license by the State | ||||||
2 | Commission.
| ||||||
3 | Class 7. A second-class wine-maker's license shall allow | ||||||
4 | the manufacture
of between 50,000 and 100,000 gallons of wine | ||||||
5 | per year, and
the
storage and sale of such wine
to distributors | ||||||
6 | in this State and to persons without the State, as may be
| ||||||
7 | permitted by law. A second-class wine-maker's license shall | ||||||
8 | allow the sale
of
no more than 10,000 gallons of the licensee's | ||||||
9 | wine directly to retailers.
The State Commission shall issue | ||||||
10 | only one second-class wine-maker's license
to any person, firm, | ||||||
11 | partnership, corporation, or other legal business entity
that | ||||||
12 | is engaged in the making of less than 100,000 gallons of wine | ||||||
13 | annually
that applies for a second-class wine-maker's license. | ||||||
14 | No subsidiary or
affiliate thereof, or any officer, associate, | ||||||
15 | member, partner, representative,
employee, agent, or | ||||||
16 | shareholder may be issued an additional wine-maker's
license by | ||||||
17 | the State Commission.
| ||||||
18 | Class 8. A limited wine-manufacturer may make sales and | ||||||
19 | deliveries not to
exceed 40,000 gallons of wine per year to | ||||||
20 | distributors, and to
non-licensees in accordance with the | ||||||
21 | provisions of this Act.
| ||||||
22 | (a-1) A manufacturer which is licensed in this State to | ||||||
23 | make sales or
deliveries of alcoholic liquor and which enlists | ||||||
24 | agents, representatives, or
individuals acting on its behalf | ||||||
25 | who contact licensed retailers on a regular
and continual basis | ||||||
26 | in this State must register those agents, representatives,
or |
| |||||||
| |||||||
1 | persons acting on its behalf with the State Commission.
| ||||||
2 | Registration of agents, representatives, or persons acting | ||||||
3 | on behalf of a
manufacturer is fulfilled by submitting a form | ||||||
4 | to the Commission. The form
shall be developed by the | ||||||
5 | Commission and shall include the name and address of
the | ||||||
6 | applicant, the name and address of the manufacturer he or she | ||||||
7 | represents,
the territory or areas assigned to sell to or | ||||||
8 | discuss pricing terms of
alcoholic liquor, and any other | ||||||
9 | questions deemed appropriate and necessary.
All statements in | ||||||
10 | the forms required to be made by law or by rule shall be
deemed | ||||||
11 | material, and any person who knowingly misstates any material | ||||||
12 | fact under
oath in an application is guilty of a Class B | ||||||
13 | misdemeanor. Fraud,
misrepresentation, false statements, | ||||||
14 | misleading statements, evasions, or
suppression of material | ||||||
15 | facts in the securing of a registration are grounds for
| ||||||
16 | suspension or revocation of the registration.
| ||||||
17 | (b) A distributor's license shall allow the wholesale | ||||||
18 | purchase and storage
of alcoholic liquors and sale of alcoholic | ||||||
19 | liquors to licensees
in this State and to persons without the | ||||||
20 | State, as may be permitted by law.
| ||||||
21 | (c) An importing distributor's license may be issued to and | ||||||
22 | held by
those only who are duly licensed distributors, upon the | ||||||
23 | filing of an
application by a duly licensed distributor, with | ||||||
24 | the Commission and
the Commission shall, without the
payment of | ||||||
25 | any fee, immediately issue such importing distributor's
| ||||||
26 | license to the applicant, which shall allow the importation of |
| |||||||
| |||||||
1 | alcoholic
liquor by the licensee into this State from any point | ||||||
2 | in the United
States outside this State, and the purchase of | ||||||
3 | alcoholic liquor in
barrels, casks or other bulk containers and | ||||||
4 | the bottling of such
alcoholic liquors before resale thereof, | ||||||
5 | but all bottles or containers
so filled shall be sealed, | ||||||
6 | labeled, stamped and otherwise made to comply
with all | ||||||
7 | provisions, rules and regulations governing manufacturers in
| ||||||
8 | the preparation and bottling of alcoholic liquors. The | ||||||
9 | importing
distributor's license shall permit such licensee to | ||||||
10 | purchase alcoholic
liquor from Illinois licensed non-resident | ||||||
11 | dealers and foreign importers only.
| ||||||
12 | (d) A retailer's license shall allow the licensee to sell | ||||||
13 | and offer
for sale at retail, only in the premises specified in | ||||||
14 | the license,
alcoholic liquor for use or consumption, but not | ||||||
15 | for resale in any form:
Provided that any retail license issued | ||||||
16 | to a manufacturer shall only
permit the manufacturer to sell | ||||||
17 | beer at retail on the premises actually
occupied by the | ||||||
18 | manufacturer. For the purpose of further describing the type of | ||||||
19 | business conducted at a retail licensed premises, a retailer's | ||||||
20 | licensee may be designated by the State Commission as (i) an on | ||||||
21 | premise consumption retailer, (ii) an off premise sale | ||||||
22 | retailer, or (iii) a combined on premise consumption and off | ||||||
23 | premise sale retailer.
| ||||||
24 | Notwithstanding any other provision of this subsection | ||||||
25 | (d), a retail
licensee may sell alcoholic liquors to a special | ||||||
26 | event retailer licensee for
resale to the extent permitted |
| |||||||
| |||||||
1 | under subsection (e).
| ||||||
2 | (e) A special event retailer's license (not-for-profit) | ||||||
3 | shall permit the
licensee to purchase alcoholic liquors from an | ||||||
4 | Illinois licensed distributor
(unless the licensee purchases | ||||||
5 | less than $500 of alcoholic liquors for the
special event, in | ||||||
6 | which case the licensee may purchase the alcoholic liquors
from | ||||||
7 | a licensed retailer) and shall allow the licensee to sell and | ||||||
8 | offer for
sale, at retail, alcoholic liquors for use or | ||||||
9 | consumption, but not for resale
in any form and only at the | ||||||
10 | location and on the specific dates designated for
the special | ||||||
11 | event in the license. An applicant for a special event retailer
| ||||||
12 | license must
(i) furnish with the application: (A) a resale | ||||||
13 | number issued under Section
2c of the Retailers' Occupation Tax | ||||||
14 | Act or evidence that the applicant is
registered under Section | ||||||
15 | 2a of the Retailers' Occupation Tax Act, (B) a
current, valid | ||||||
16 | exemption identification
number issued under Section 1g of the | ||||||
17 | Retailers' Occupation Tax Act, and a
certification to the | ||||||
18 | Commission that the purchase of alcoholic liquors will be
a | ||||||
19 | tax-exempt purchase, or (C) a statement that the applicant is | ||||||
20 | not registered
under Section 2a of the Retailers' Occupation | ||||||
21 | Tax Act, does not hold a resale
number under Section 2c of the | ||||||
22 | Retailers' Occupation Tax Act, and does not
hold an exemption | ||||||
23 | number under Section 1g of the Retailers' Occupation Tax
Act, | ||||||
24 | in which event the Commission shall set forth on the special | ||||||
25 | event
retailer's license a statement to that effect; (ii) | ||||||
26 | submit with the application proof satisfactory to
the State |
| |||||||
| |||||||
1 | Commission that the applicant will provide dram shop liability
| ||||||
2 | insurance in the maximum limits; and (iii) show proof | ||||||
3 | satisfactory to the
State Commission that the applicant has | ||||||
4 | obtained local authority
approval.
| ||||||
5 | (f) A railroad license shall permit the licensee to import | ||||||
6 | alcoholic
liquors into this State from any point in the United | ||||||
7 | States outside this
State and to store such alcoholic liquors | ||||||
8 | in this State; to make wholesale
purchases of alcoholic liquors | ||||||
9 | directly from manufacturers, foreign
importers, distributors | ||||||
10 | and importing distributors from within or outside
this State; | ||||||
11 | and to store such alcoholic liquors in this State; provided
| ||||||
12 | that the above powers may be exercised only in connection with | ||||||
13 | the
importation, purchase or storage of alcoholic liquors to be | ||||||
14 | sold or
dispensed on a club, buffet, lounge or dining car | ||||||
15 | operated on an electric,
gas or steam railway in this State; | ||||||
16 | and provided further, that railroad
licensees exercising the | ||||||
17 | above powers shall be subject to all provisions of
Article VIII | ||||||
18 | of this Act as applied to importing distributors. A railroad
| ||||||
19 | license shall also permit the licensee to sell or dispense | ||||||
20 | alcoholic
liquors on any club, buffet, lounge or dining car | ||||||
21 | operated on an electric,
gas or steam railway regularly | ||||||
22 | operated by a common carrier in this State,
but shall not | ||||||
23 | permit the sale for resale of any alcoholic liquors to any
| ||||||
24 | licensee within this State. A license shall be obtained for | ||||||
25 | each car in which
such sales are made.
| ||||||
26 | (g) A boat license shall allow the sale of alcoholic liquor |
| |||||||
| |||||||
1 | in
individual drinks, on any passenger boat regularly operated | ||||||
2 | as a common
carrier on navigable waters in this State or on any | ||||||
3 | riverboat operated
under
the Riverboat Gambling Act, which boat | ||||||
4 | or riverboat maintains a public
dining room or restaurant | ||||||
5 | thereon.
| ||||||
6 | (h) A non-beverage user's license shall allow the licensee | ||||||
7 | to
purchase alcoholic liquor from a licensed manufacturer or | ||||||
8 | importing
distributor, without the imposition of any tax upon | ||||||
9 | the business of such
licensed manufacturer or importing | ||||||
10 | distributor as to such alcoholic
liquor to be used by such | ||||||
11 | licensee solely for the non-beverage purposes
set forth in | ||||||
12 | subsection (a) of Section 8-1 of this Act, and
such licenses | ||||||
13 | shall be divided and classified and shall permit the
purchase, | ||||||
14 | possession and use of limited and stated quantities of
| ||||||
15 | alcoholic liquor as follows:
| ||||||
16 | Class 1, not to exceed ......................... 500 gallons
| ||||||
17 | Class 2, not to exceed ....................... 1,000 gallons
| ||||||
18 | Class 3, not to exceed ....................... 5,000 gallons
| ||||||
19 | Class 4, not to exceed ...................... 10,000 gallons
| ||||||
20 | Class 5, not to exceed ....................... 50,000 gallons
| ||||||
21 | (i) A wine-maker's premises license shall allow a
licensee | ||||||
22 | that concurrently holds a first-class wine-maker's license to | ||||||
23 | sell
and offer for sale at retail in the premises specified in | ||||||
24 | such license
not more than 50,000 gallons of the first-class | ||||||
25 | wine-maker's wine that is
made at the first-class wine-maker's | ||||||
26 | licensed premises per year for use or
consumption, but not for |
| |||||||
| |||||||
1 | resale in any form. A wine-maker's premises
license shall allow | ||||||
2 | a licensee who concurrently holds a second-class
wine-maker's | ||||||
3 | license to sell and offer for sale at retail in the premises
| ||||||
4 | specified in such license up to 100,000 gallons of the
| ||||||
5 | second-class wine-maker's wine that is made at the second-class | ||||||
6 | wine-maker's
licensed premises per year
for use or consumption | ||||||
7 | but not for resale in any form. A wine-maker's premises license | ||||||
8 | shall allow a
licensee that concurrently holds a first-class | ||||||
9 | wine-maker's license or a second-class
wine-maker's license to | ||||||
10 | sell
and offer for sale at retail at the premises specified in | ||||||
11 | the wine-maker's premises license, for use or consumption but | ||||||
12 | not for resale in any form, any beer, wine, and spirits | ||||||
13 | purchased from a licensed distributor. Upon approval from the
| ||||||
14 | State Commission, a wine-maker's premises license
shall allow | ||||||
15 | the licensee to sell and offer for sale at (i) the wine-maker's
| ||||||
16 | licensed premises and (ii) at up to 2 additional locations for | ||||||
17 | use and
consumption and not for resale. Each location shall | ||||||
18 | require additional
licensing per location as specified in | ||||||
19 | Section 5-3 of this Act.
| ||||||
20 | (j) An airplane license shall permit the licensee to import
| ||||||
21 | alcoholic liquors into this State from any point in the United | ||||||
22 | States
outside this State and to store such alcoholic liquors | ||||||
23 | in this State; to
make wholesale purchases of alcoholic liquors | ||||||
24 | directly from
manufacturers, foreign importers, distributors | ||||||
25 | and importing
distributors from within or outside this State; | ||||||
26 | and to store such
alcoholic liquors in this State; provided |
| |||||||
| |||||||
1 | that the above powers may be
exercised only in connection with | ||||||
2 | the importation, purchase or storage
of alcoholic liquors to be | ||||||
3 | sold or dispensed on an airplane; and
provided further, that | ||||||
4 | airplane licensees exercising the above powers
shall be subject | ||||||
5 | to all provisions of Article VIII of this Act as
applied to | ||||||
6 | importing distributors. An airplane licensee shall also
permit | ||||||
7 | the sale or dispensing of alcoholic liquors on any passenger
| ||||||
8 | airplane regularly operated by a common carrier in this State, | ||||||
9 | but shall
not permit the sale for resale of any alcoholic | ||||||
10 | liquors to any licensee
within this State. A single airplane | ||||||
11 | license shall be required of an
airline company if liquor | ||||||
12 | service is provided on board aircraft in this
State. The annual | ||||||
13 | fee for such license shall be as determined in
Section 5-3.
| ||||||
14 | (k) A foreign importer's license shall permit such licensee | ||||||
15 | to purchase
alcoholic liquor from Illinois licensed | ||||||
16 | non-resident dealers only, and to
import alcoholic liquor other | ||||||
17 | than in bulk from any point outside the
United States and to | ||||||
18 | sell such alcoholic liquor to Illinois licensed
importing | ||||||
19 | distributors and to no one else in Illinois;
provided that the | ||||||
20 | foreign importer registers with the State Commission
every
| ||||||
21 | brand of
alcoholic liquor that it proposes to sell to Illinois | ||||||
22 | licensees during the
license period and
provided further that | ||||||
23 | the foreign importer complies with all of the provisions
of | ||||||
24 | Section
6-9 of this Act with respect to registration of such | ||||||
25 | Illinois licensees as may
be granted the
right to sell such | ||||||
26 | brands at wholesale.
|
| |||||||
| |||||||
1 | (l) (i) A broker's license shall be required of all persons
| ||||||
2 | who solicit
orders for, offer to sell or offer to supply | ||||||
3 | alcoholic liquor to
retailers in the State of Illinois, or who | ||||||
4 | offer to retailers to ship or
cause to be shipped or to make | ||||||
5 | contact with distillers, rectifiers,
brewers or manufacturers | ||||||
6 | or any other party within or without the State
of Illinois in | ||||||
7 | order that alcoholic liquors be shipped to a distributor,
| ||||||
8 | importing distributor or foreign importer, whether such | ||||||
9 | solicitation or
offer is consummated within or without the | ||||||
10 | State of Illinois.
| ||||||
11 | No holder of a retailer's license issued by the Illinois | ||||||
12 | Liquor
Control Commission shall purchase or receive any | ||||||
13 | alcoholic liquor, the
order for which was solicited or offered | ||||||
14 | for sale to such retailer by a
broker unless the broker is the | ||||||
15 | holder of a valid broker's license.
| ||||||
16 | The broker shall, upon the acceptance by a retailer of the | ||||||
17 | broker's
solicitation of an order or offer to sell or supply or | ||||||
18 | deliver or have
delivered alcoholic liquors, promptly forward | ||||||
19 | to the Illinois Liquor
Control Commission a notification of | ||||||
20 | said transaction in such form as
the Commission may by | ||||||
21 | regulations prescribe.
| ||||||
22 | (ii) A broker's license shall be required of
a person | ||||||
23 | within this State, other than a retail licensee,
who, for a fee | ||||||
24 | or commission, promotes, solicits, or accepts orders for
| ||||||
25 | alcoholic liquor, for use or consumption and not for
resale, to | ||||||
26 | be shipped from this State and delivered to residents outside |
| |||||||
| |||||||
1 | of
this State by an express company, common carrier, or | ||||||
2 | contract carrier.
This Section does not apply to any person who | ||||||
3 | promotes, solicits, or accepts
orders for wine as specifically | ||||||
4 | authorized in Section 6-29 of this Act.
| ||||||
5 | A broker's license under this subsection (1) shall not | ||||||
6 | entitle the holder to
buy or sell any
alcoholic liquors for his | ||||||
7 | own account or to take or deliver title to
such alcoholic | ||||||
8 | liquors.
| ||||||
9 | This subsection (1) shall not apply to distributors, | ||||||
10 | employees of
distributors, or employees of a manufacturer who | ||||||
11 | has registered the
trademark, brand or name of the alcoholic | ||||||
12 | liquor pursuant to Section 6-9
of this Act, and who regularly | ||||||
13 | sells such alcoholic liquor
in the State of Illinois only to | ||||||
14 | its registrants thereunder.
| ||||||
15 | Any agent, representative, or person subject to | ||||||
16 | registration pursuant to
subsection (a-1) of this Section shall | ||||||
17 | not be eligible to receive a broker's
license.
| ||||||
18 | (m) A non-resident dealer's license shall permit such | ||||||
19 | licensee to ship
into and warehouse alcoholic liquor into this | ||||||
20 | State from any point
outside of this State, and to sell such | ||||||
21 | alcoholic liquor to Illinois licensed
foreign importers and | ||||||
22 | importing distributors and to no one else in this State;
| ||||||
23 | provided that said non-resident dealer shall register with the | ||||||
24 | Illinois Liquor
Control Commission each and every brand of | ||||||
25 | alcoholic liquor which it proposes
to sell to Illinois | ||||||
26 | licensees during the license period; and further provided
that |
| |||||||
| |||||||
1 | it shall comply with all of the provisions of Section 6-9 | ||||||
2 | hereof with
respect to registration of such Illinois licensees | ||||||
3 | as may be granted the right
to sell such brands at wholesale.
| ||||||
4 | (n) A brew pub license shall allow the licensee to | ||||||
5 | manufacture beer only
on the premises specified in the license, | ||||||
6 | to make sales of the
beer manufactured on the premises to | ||||||
7 | importing distributors, distributors,
and to non-licensees for | ||||||
8 | use and consumption, to store the beer upon
the premises, and | ||||||
9 | to sell and offer for sale at retail from the licensed
| ||||||
10 | premises, provided that a brew pub licensee shall not sell for | ||||||
11 | off-premises
consumption more than 50,000 gallons per year.
| ||||||
12 | (o) A caterer retailer license shall allow the holder
to | ||||||
13 | serve alcoholic liquors as an incidental part of a food service | ||||||
14 | that serves
prepared meals which excludes the serving of snacks | ||||||
15 | as
the primary meal, either on or off-site whether licensed or | ||||||
16 | unlicensed.
| ||||||
17 | (p) An auction liquor license shall allow the licensee to | ||||||
18 | sell and offer
for sale at auction wine and spirits for use or | ||||||
19 | consumption, or for resale by
an Illinois liquor licensee in | ||||||
20 | accordance with provisions of this Act. An
auction liquor | ||||||
21 | license will be issued to a person and it will permit the
| ||||||
22 | auction liquor licensee to hold the auction anywhere in the | ||||||
23 | State. An auction
liquor license must be obtained for each | ||||||
24 | auction at least 14 days in advance of
the auction date.
| ||||||
25 | (q) A special use permit license shall allow an Illinois | ||||||
26 | licensed
retailer to transfer a portion of its alcoholic liquor |
| |||||||
| |||||||
1 | inventory from its
retail licensed premises to the premises | ||||||
2 | specified in the license hereby
created, and to sell or offer | ||||||
3 | for sale at retail, only in the premises
specified in the | ||||||
4 | license hereby created, the transferred alcoholic liquor for
| ||||||
5 | use or consumption, but not for resale in any form. A special | ||||||
6 | use permit
license may be granted for the following time | ||||||
7 | periods: one day or less; 2 or
more days to a maximum of 15 days | ||||||
8 | per location in any 12 month period. An
applicant for the | ||||||
9 | special use permit license must also submit with the
| ||||||
10 | application proof satisfactory to the State Commission that the | ||||||
11 | applicant will
provide dram shop liability insurance to the | ||||||
12 | maximum limits and have local
authority approval.
| ||||||
13 | (Source: P.A. 92-105, eff. 1-1-02; 92-378, eff. 8-16-01; | ||||||
14 | 92-651, eff. 7-11-02; 92-672, eff. 7-16-02; 93-923, eff. | ||||||
15 | 8-12-04; 93-1057, eff. 12-2-04; revised 12-6-04.)
| ||||||
16 | (235 ILCS 5/6-2) (from Ch. 43, par. 120)
| ||||||
17 | Sec. 6-2. Issuance of licenses to certain persons | ||||||
18 | prohibited.
| ||||||
19 | (a) Except as otherwise provided in subsection (b) of this | ||||||
20 | Section and in paragraph (1) of subsection (a) of Section 3-12, | ||||||
21 | no license
of any kind issued by the State Commission or any | ||||||
22 | local
commission shall be issued to:
| ||||||
23 | (1) A person who is not a resident of any city, village | ||||||
24 | or county in
which the premises covered by the license are | ||||||
25 | located; except in case of
railroad or boat licenses.
|
| |||||||
| |||||||
1 | (2) A person who is not of good character and | ||||||
2 | reputation in the
community in which he resides.
| ||||||
3 | (3) A person who is not a citizen of the United States.
| ||||||
4 | (4) A person who has been convicted of a felony under | ||||||
5 | any Federal or
State law, unless the Commission determines | ||||||
6 | that such
person has been sufficiently rehabilitated to | ||||||
7 | warrant the public trust
after considering matters set | ||||||
8 | forth in such person's application and the
Commission's | ||||||
9 | investigation. The burden of proof of sufficient
| ||||||
10 | rehabilitation shall be on the applicant.
| ||||||
11 | (5) A person who has been convicted of being the keeper | ||||||
12 | or is keeping a
house of ill fame.
| ||||||
13 | (6) A person who has been convicted of pandering or | ||||||
14 | other crime or
misdemeanor opposed to decency and morality.
| ||||||
15 | (7) A person whose license issued under this Act has | ||||||
16 | been revoked for
cause.
| ||||||
17 | (8) A person who at the time of application for renewal | ||||||
18 | of any license
issued hereunder would not be eligible for | ||||||
19 | such license upon a first
application.
| ||||||
20 | (9) A copartnership, if any general partnership | ||||||
21 | thereof, or any
limited partnership thereof, owning more | ||||||
22 | than 5% of the aggregate limited
partner interest in such | ||||||
23 | copartnership would not be eligible to receive a
license | ||||||
24 | hereunder for any reason other than residence within the | ||||||
25 | political
subdivision, unless residency is required by | ||||||
26 | local ordinance.
|
| |||||||
| |||||||
1 | (10) A corporation or limited liability company, if any | ||||||
2 | member, officer, manager or director thereof, or
any | ||||||
3 | stockholder or stockholders owning in the aggregate more | ||||||
4 | than 5% of the
stock of such corporation, would not be | ||||||
5 | eligible to receive a license
hereunder for any reason | ||||||
6 | other than citizenship and residence within the
political | ||||||
7 | subdivision.
| ||||||
8 | (10a) A corporation or limited liability company | ||||||
9 | unless it is incorporated or organized in Illinois, or | ||||||
10 | unless it
is a foreign corporation or foreign limited | ||||||
11 | liability company which is qualified under the Business
| ||||||
12 | Corporation Act of 1983 or the Limited Liability Company | ||||||
13 | Act to transact business in Illinois. The Commission shall | ||||||
14 | permit and accept from an applicant for a license under | ||||||
15 | this Act proof prepared from the Secretary of State's | ||||||
16 | website that the corporation or limited liability company | ||||||
17 | is in good standing and is qualified under the Business
| ||||||
18 | Corporation Act of 1983 or the Limited Liability Company | ||||||
19 | Act to transact business in Illinois.
| ||||||
20 | (11) A person whose place of business is conducted by a | ||||||
21 | manager or agent
unless the manager or agent possesses the | ||||||
22 | same qualifications required by
the licensee.
| ||||||
23 | (12) A person who has been convicted of a violation of | ||||||
24 | any Federal or
State law concerning the manufacture, | ||||||
25 | possession or sale of alcoholic
liquor, subsequent to the | ||||||
26 | passage of this Act or has forfeited his bond to
appear in |
| |||||||
| |||||||
1 | court to answer charges for any such violation.
| ||||||
2 | (13) A person who does not beneficially own the | ||||||
3 | premises for which a
license is sought, or does not have a | ||||||
4 | lease thereon for the full period for
which the license is | ||||||
5 | to be issued.
| ||||||
6 | (14) Any law enforcing public official, including | ||||||
7 | members
of local liquor control commissions,
any mayor, | ||||||
8 | alderman, or member of the
city council or commission, any | ||||||
9 | president of the village board of trustees,
any member of a | ||||||
10 | village board of trustees, or any president or member of a
| ||||||
11 | county board; and no such official shall have a direct | ||||||
12 | interest in the
manufacture, sale, or distribution of | ||||||
13 | alcoholic liquor, except that a
license
may be granted to | ||||||
14 | such official in relation to premises that are
not
located | ||||||
15 | within the territory subject to the jurisdiction of that | ||||||
16 | official
if the issuance of such license is approved by the | ||||||
17 | State Liquor Control
Commission
and except that a license | ||||||
18 | may be granted, in a city or village with a
population of | ||||||
19 | 50,000 or less, to any alderman, member of a city council, | ||||||
20 | or
member of a village board of trustees in relation to | ||||||
21 | premises that are located
within the territory
subject to | ||||||
22 | the jurisdiction of that official if (i) the sale of | ||||||
23 | alcoholic
liquor pursuant to the license is incidental to | ||||||
24 | the selling of food, (ii) the
issuance of the license is | ||||||
25 | approved by the State Commission, (iii) the
issuance of the | ||||||
26 | license is in accordance with all applicable local |
| |||||||
| |||||||
1 | ordinances
in effect where the premises are located, and | ||||||
2 | (iv) the official granted a
license does not vote on | ||||||
3 | alcoholic liquor issues pending before the board or
council | ||||||
4 | to which the license holder is elected. Notwithstanding any | ||||||
5 | provision of this paragraph (14) to the contrary, an | ||||||
6 | alderman or member of a city council or commission, a | ||||||
7 | member of a village board of trustees other than the | ||||||
8 | president of the village board of trustees, or a member of | ||||||
9 | a county board other than the president of a county board | ||||||
10 | may have a direct interest in the manufacture, sale, or | ||||||
11 | distribution of alcoholic liquor as long as he or she is | ||||||
12 | not a law enforcing public official, a mayor, a village | ||||||
13 | board president, or president of a county board. To prevent | ||||||
14 | any conflict of interest, the elected official with the | ||||||
15 | direct interest in the manufacture, sale, or distribution | ||||||
16 | of alcoholic liquor cannot participate in any meetings, | ||||||
17 | hearings, or decisions on matters impacting the | ||||||
18 | manufacture, sale, or distribution of alcoholic liquor.
| ||||||
19 | (15) A person who is not a beneficial owner of the | ||||||
20 | business to be
operated by the licensee.
| ||||||
21 | (16) A person who has been convicted of a gambling | ||||||
22 | offense as
proscribed by any of subsections (a) (3) through | ||||||
23 | (a)
(11) of
Section 28-1 of, or as
proscribed by Section | ||||||
24 | 28-1.1 or 28-3 of, the Criminal Code of
1961, or as | ||||||
25 | proscribed by a
statute
replaced by any of the aforesaid | ||||||
26 | statutory provisions.
|
| |||||||
| |||||||
1 | (17) A person or entity to whom a federal wagering | ||||||
2 | stamp has been
issued by the
federal government, unless the | ||||||
3 | person or entity is eligible to be issued a
license under | ||||||
4 | the Raffles Act or the Illinois Pull Tabs and Jar Games | ||||||
5 | Act.
| ||||||
6 | (18) A person who intends to sell alcoholic liquors for | ||||||
7 | use or
consumption on his or her licensed retail premises | ||||||
8 | who does not have liquor
liability insurance coverage for | ||||||
9 | that premises in an amount that is at least
equal to the | ||||||
10 | maximum liability amounts set out in subsection (a) of | ||||||
11 | Section
6-21.
| ||||||
12 | (b) A criminal conviction of a corporation is not grounds | ||||||
13 | for the
denial, suspension, or revocation of a license applied | ||||||
14 | for or held by the
corporation if the criminal conviction was | ||||||
15 | not the result of a violation of any
federal or State law | ||||||
16 | concerning the manufacture, possession or sale of
alcoholic | ||||||
17 | liquor, the offense that led to the conviction did not result | ||||||
18 | in any
financial gain to the corporation and the corporation | ||||||
19 | has terminated its
relationship with each director, officer, | ||||||
20 | employee, or controlling shareholder
whose actions directly | ||||||
21 | contributed to the conviction of the corporation. The
| ||||||
22 | Commission shall determine if all provisions of this subsection | ||||||
23 | (b) have been
met before any action on the corporation's | ||||||
24 | license is initiated.
| ||||||
25 | (Source: P.A. 93-266, eff. 1-1-04; 93-1057, eff. 12-2-04; 94-5, | ||||||
26 | eff. 6-3-05; 94-289, eff. 1-1-06; 94-381, eff. 7-29-05; revised |
| |||||||
| |||||||
1 | 8-19-05.)
| ||||||
2 | (235 ILCS 5/6-11) (from Ch. 43, par. 127)
| ||||||
3 | Sec. 6-11. Sale near churches, schools, and hospitals.
| ||||||
4 | (a) No license shall be issued for the sale at retail of | ||||||
5 | any
alcoholic liquor within 100 feet of any church, school | ||||||
6 | other than an
institution of higher learning, hospital, home | ||||||
7 | for aged or indigent
persons or for veterans, their spouses or | ||||||
8 | children or any military or
naval station, provided, that this | ||||||
9 | prohibition shall not apply to hotels
offering restaurant | ||||||
10 | service, regularly organized clubs, or to
restaurants, food | ||||||
11 | shops or other places where sale of alcoholic liquors
is not | ||||||
12 | the principal business carried on if the place of business so
| ||||||
13 | exempted is not located in a municipality of more than 500,000 | ||||||
14 | persons,
unless required by local ordinance; nor to the renewal | ||||||
15 | of a license for the
sale at retail of alcoholic liquor on | ||||||
16 | premises within 100 feet of any church
or school where the | ||||||
17 | church or school has been established within such
100 feet | ||||||
18 | since the issuance of the original license. In the case of a
| ||||||
19 | church, the distance of 100 feet shall be measured to the | ||||||
20 | nearest part
of any building used for worship services or | ||||||
21 | educational programs and
not to property boundaries.
| ||||||
22 | (b) Nothing in this Section shall prohibit the issuance of | ||||||
23 | a retail
license
authorizing the sale of alcoholic liquor to a | ||||||
24 | restaurant, the primary business
of which is the sale of goods | ||||||
25 | baked on the premises if (i) the restaurant is
newly |
| |||||||
| |||||||
1 | constructed and located on a lot of not less than 10,000 square | ||||||
2 | feet,
(ii) the restaurant costs at least $1,000,000 to | ||||||
3 | construct, (iii) the licensee
is the titleholder to the | ||||||
4 | premises and resides on the premises, and (iv) the
construction | ||||||
5 | of the restaurant is completed within 18 months of the | ||||||
6 | effective
date of this amendatory Act of 1998.
| ||||||
7 | (c) Nothing in this Section shall prohibit the issuance of | ||||||
8 | a retail
license
authorizing the sale of alcoholic liquor | ||||||
9 | incidental to a restaurant if (1) the
primary
business of the | ||||||
10 | restaurant consists of the sale of food where the sale of
| ||||||
11 | liquor is incidental to the sale of food and the applicant is a | ||||||
12 | completely new
owner of the restaurant, (2) the immediately
| ||||||
13 | prior owner or operator of the premises where the restaurant is | ||||||
14 | located
operated the premises as a restaurant and held a valid | ||||||
15 | retail license
authorizing the
sale of alcoholic liquor at the | ||||||
16 | restaurant for at least part of the 24 months
before the
change | ||||||
17 | of ownership, and (3) the restaurant is located 75 or more feet | ||||||
18 | from a
school.
| ||||||
19 | (d) In the interest of further developing Illinois' economy | ||||||
20 | in the area
of
commerce, tourism, convention, and banquet | ||||||
21 | business, nothing in this
Section shall
prohibit issuance of a | ||||||
22 | retail license authorizing the sale of alcoholic
beverages to a | ||||||
23 | restaurant, banquet facility, grocery store, or hotel having
| ||||||
24 | not fewer than
150 guest room accommodations located in a | ||||||
25 | municipality of more than 500,000
persons, notwithstanding the | ||||||
26 | proximity of such hotel, restaurant,
banquet facility, or |
| |||||||
| |||||||
1 | grocery store to any church or school, if the licensed
premises
| ||||||
2 | described on the license are located within an enclosed mall or | ||||||
3 | building of a
height of at least 6 stories, or 60 feet in the | ||||||
4 | case of a building that has
been registered as a national | ||||||
5 | landmark, or in a grocery store having a
minimum of 56,010 | ||||||
6 | square feet of floor space in a single story building in an
| ||||||
7 | open mall of at least 3.96 acres that is adjacent to a public | ||||||
8 | school that
opened as a boys technical high school in 1934, or | ||||||
9 | in a grocery store having a minimum of 31,000 square feet of | ||||||
10 | floor space in a single story building located a distance of | ||||||
11 | more than 90 feet but less than 100 feet from a high school | ||||||
12 | that opened in 1928 as a junior high school and became a senior | ||||||
13 | high school in 1933, and in each of these
cases if the sale of
| ||||||
14 | alcoholic liquors is not the principal business carried on by | ||||||
15 | the licensee.
| ||||||
16 | For purposes of this Section, a "banquet facility" is any | ||||||
17 | part of a
building that caters to private parties and where the | ||||||
18 | sale of alcoholic liquors
is not the principal business.
| ||||||
19 | (e) Nothing in this Section shall prohibit the issuance of | ||||||
20 | a license to
a
church or private school to sell at retail | ||||||
21 | alcoholic liquor if any such
sales are limited to periods when | ||||||
22 | groups are assembled on the premises
solely for the promotion | ||||||
23 | of some common object other than the sale or
consumption of | ||||||
24 | alcoholic liquors.
| ||||||
25 | (f) Nothing in this Section shall prohibit a church or | ||||||
26 | church affiliated
school
located in a home rule municipality or |
| |||||||
| |||||||
1 | in a municipality with 75,000 or more
inhabitants from locating
| ||||||
2 | within 100 feet of a property for which there is a preexisting | ||||||
3 | license to sell
alcoholic liquor at retail. In these instances, | ||||||
4 | the local zoning authority
may, by ordinance adopted | ||||||
5 | simultaneously with the granting of an initial
special use | ||||||
6 | zoning permit for the church or church affiliated school, | ||||||
7 | provide
that the 100-foot restriction in this Section shall not | ||||||
8 | apply to that church or
church affiliated school and future | ||||||
9 | retail liquor licenses.
| ||||||
10 | (g) Nothing in this Section shall prohibit the issuance of | ||||||
11 | a retail
license authorizing the sale of alcoholic liquor at | ||||||
12 | premises within 100 feet,
but not less than 90 feet, of a | ||||||
13 | public school if (1) the premises have been
continuously | ||||||
14 | licensed to sell alcoholic liquor
for a period of at least 50 | ||||||
15 | years,
(2) the premises are located in a municipality having a | ||||||
16 | population of over
500,000 inhabitants, (3) the licensee is an | ||||||
17 | individual who is a member of a
family that has held the | ||||||
18 | previous 3 licenses for that location for more than 25
years, | ||||||
19 | (4) the
principal of the school and the alderman of the ward in | ||||||
20 | which the school is
located have delivered a written statement | ||||||
21 | to the local liquor control
commissioner stating that they do | ||||||
22 | not object to the issuance of a license
under this subsection | ||||||
23 | (g), and (5) the local liquor control commissioner has
received | ||||||
24 | the written consent of a majority of the registered voters who | ||||||
25 | live
within 200 feet of the premises.
| ||||||
26 | (h) Notwithstanding any provision of this Section to the |
| |||||||
| |||||||
1 | contrary, nothing in this Section shall prohibit the issuance | ||||||
2 | or renewal of a license authorizing the sale of alcoholic | ||||||
3 | liquor within premises and at an outdoor patio area attached to | ||||||
4 | premises that are located in a municipality with a population | ||||||
5 | in excess of 300,000 inhabitants and that are within 100 feet | ||||||
6 | of a church if:
| ||||||
7 | (1) the sale of alcoholic liquor at the premises is | ||||||
8 | incidental to the sale of food,
| ||||||
9 | (2) the sale of liquor is not the principal business | ||||||
10 | carried on by the licensee at the premises, | ||||||
11 | (3) the premises are less than 1,000 square feet, | ||||||
12 | (4) the premises are owned by the University of | ||||||
13 | Illinois, | ||||||
14 | (5) the premises are immediately adjacent to property | ||||||
15 | owned by a church and are not less than 20 nor more than 40 | ||||||
16 | feet from the church space used for worship services, and | ||||||
17 | (6) the principal religious leader at the place of | ||||||
18 | worship has indicated his or her support for the issuance | ||||||
19 | of the license in writing.
| ||||||
20 | (i)
(h) Notwithstanding any provision in this Section to | ||||||
21 | the contrary, nothing in this Section shall prohibit the | ||||||
22 | issuance or renewal of a license to sell alcoholic liquor at a | ||||||
23 | premises that is located within a municipality with a | ||||||
24 | population in excess of 300,000 inhabitants and is within 100 | ||||||
25 | feet of a church, synagogue, or other place of worship if: | ||||||
26 | (1) the primary entrance of the premises and the |
| |||||||
| |||||||
1 | primary entrance of the church, synagogue, or other place | ||||||
2 | of worship are at least 100 feet apart, on parallel | ||||||
3 | streets, and separated by an alley; and | ||||||
4 | (2) the principal religious leader at the place of | ||||||
5 | worship has not indicated his or her opposition to the | ||||||
6 | issuance or renewal of the license in writing. | ||||||
7 | (j)
(h) Notwithstanding any provision in this Section to | ||||||
8 | the contrary, nothing in this Section shall prohibit the | ||||||
9 | issuance of a retail
license authorizing the sale of alcoholic | ||||||
10 | liquor at a theater that is within 100 feet of a church if (1) | ||||||
11 | the church owns the theater, (2) the church leases the theater | ||||||
12 | to one or more entities, and
(3) the theater is used by at | ||||||
13 | least 5 different not-for-profit theater groups. | ||||||
14 | (Source: P.A. 92-720, eff. 7-25-02; 92-813, eff. 8-21-02; | ||||||
15 | 93-687, eff. 7-8-04; 93-688, eff. 7-8-04; 93-780, eff. 1-1-05; | ||||||
16 | revised 10-14-04.)
| ||||||
17 | (235 ILCS 5/6-16.2)
| ||||||
18 | Sec. 6-16.2. Prohibited entry to a licensed premises. A | ||||||
19 | municipality or
county may prohibit a licensee or any officer, | ||||||
20 | associate, member,
representative, agent, or employee of a | ||||||
21 | licensee from permitting a person under
the age of 21 years to | ||||||
22 | enter and remain in that portion of a licensed premises
that | ||||||
23 | sells, gives, or delivers alcoholic liquor for consumption on | ||||||
24 | the
premises. No prohibition under this Section, however, shall | ||||||
25 | apply to any
licensed
premises, such as without limitation a |
| |||||||
| |||||||
1 | restaurant or food shop, where
selling, giving, or delivering | ||||||
2 | alcoholic liquor is not the principal business
of the licensee | ||||||
3 | at those premises.
| ||||||
4 | In those instances where a person under the age of 21 years | ||||||
5 | is prohibited
from entering and remaining on the premises, | ||||||
6 | proof that the defendant-licensee,
or his employee or agent, | ||||||
7 | demanded, was shown, and reasonably relied upon
adequate | ||||||
8 | written evidence for purposes of entering and remaining on the
| ||||||
9 | licensed
premises is an affirmative defense in any criminal | ||||||
10 | prosecution therefor or to
any proceedings for the suspension | ||||||
11 | or revocation of any license based thereon.
It shall not, | ||||||
12 | however, be an affirmative defense if the defendant-licensee
| ||||||
13 | defendant-license , or
his agent or employee, accepted
the | ||||||
14 | written evidence knowing it to be false or fraudulent.
| ||||||
15 | Adequate written evidence of age and identity of the person | ||||||
16 | is a document
issued by a federal, state, county, or municipal | ||||||
17 | government, or subdivision or
agency thereof, including, but | ||||||
18 | not limited to, a motor vehicle operator's
license, a | ||||||
19 | registration certificate issued under the Federal Selective | ||||||
20 | Service
Act, or an identification card issued to a member of | ||||||
21 | the armed forces.
| ||||||
22 | If a false or
fraudulent Illinois driver's license or | ||||||
23 | Illinois identification card is
presented by a person less than | ||||||
24 | 21 years of age to a licensee or the licensee's
agent or | ||||||
25 | employee for the purpose of obtaining entry and remaining on a
| ||||||
26 | licensed premises, the law enforcement officer or agency |
| |||||||
| |||||||
1 | investigating the
incident shall, upon the conviction of the | ||||||
2 | person who presented the fraudulent
license or identification, | ||||||
3 | make a report of the matter to the Secretary of
State on a form | ||||||
4 | provided by the Secretary of State.
| ||||||
5 | (Source: P.A. 90-617, eff. 7-10-98; revised 1-14-04.)
| ||||||
6 | (235 ILCS 5/6-33)
| ||||||
7 | Sec. 6-33. Sealing and removal of open wine bottles from a | ||||||
8 | restaurant. Notwithstanding any other provision of this Act, a | ||||||
9 | restaurant licensed to sell alcoholic liquor in this State may | ||||||
10 | permit a patron to remove one unsealed and partially consumed | ||||||
11 | bottle of wine for off-premise consumption provided that the | ||||||
12 | patron has purchased a meal and consumed a portion of the | ||||||
13 | bottle of wine with the meal on the restaurant premises. A | ||||||
14 | partially consumed bottle of wine that is to be removed from | ||||||
15 | the premises pursuant to this Section shall be securely sealed | ||||||
16 | by the licensee or an agent of the licensee prior to removal | ||||||
17 | from the premises and placed in a transparent one-time use | ||||||
18 | tamper-proof bag. The licensee or agent of the licensee shall | ||||||
19 | provide a dated receipt for the bottle of wine to the patron. | ||||||
20 | Wine that is resealed in accordance with the provisions of this | ||||||
21 | Section and not tampered with shall not be deemed an unsealed | ||||||
22 | container for the purposes of Section 11-502 of the Illinois | ||||||
23 | Vehicle Code.
| ||||||
24 | (Source: P.A. 94-1047, eff. 1-1-07.)
|
| |||||||
| |||||||
1 | (235 ILCS 5/6-34)
| ||||||
2 | Sec. 6-34
6-33 . Alcohol without liquid machines.
| ||||||
3 | (a) No person shall bring into this State for use or sale | ||||||
4 | any alcohol without liquid machine. | ||||||
5 | (b) For the purposes of this Section, "alcohol without | ||||||
6 | liquid machine" means a device designed or marketed for the | ||||||
7 | purposes of mixing alcohol with oxygen or another gas to | ||||||
8 | produce a mist for inhalation for recreational purposes.
| ||||||
9 | (Source: P.A. 94-745, eff. 5-8-06; revised 8-29-06.)
| ||||||
10 | (235 ILCS 5/7-5) (from Ch. 43, par. 149)
| ||||||
11 | Sec. 7-5. The local liquor control commissioner may revoke | ||||||
12 | or suspend any
license issued by him if he determines that the | ||||||
13 | licensee has violated any
of the provisions of this Act or of | ||||||
14 | any valid ordinance or resolution
enacted by the particular | ||||||
15 | city council, president, or board of trustees or
county board | ||||||
16 | (as the case may be) or any applicable rule or regulations
| ||||||
17 | established by the local liquor control commissioner or the | ||||||
18 | State
commission which is not inconsistent with law.
Upon | ||||||
19 | notification by the Illinois Department of Revenue, the State
| ||||||
20 | Commission, in accordance with Section 3-12, may refuse the | ||||||
21 | issuance or renewal of a license, fine a licensee, or suspend | ||||||
22 | or revoke any license issued by the State Commission if the | ||||||
23 | licensee or license applicant has
violated the
provisions of | ||||||
24 | Section 3 of the Retailers' Occupation Tax Act.
In addition to | ||||||
25 | the suspension,
the local liquor control commissioner in any
|
| |||||||
| |||||||
1 | county or municipality
may levy a fine on the licensee for such
| ||||||
2 | violations. The fine imposed shall not exceed $1000 for a first
| ||||||
3 | violation within a 12-month period, $1,500 for a second | ||||||
4 | violation within a
12-month period, and $2,500 for a third or | ||||||
5 | subsequent violation within a
12-month period. Each day on | ||||||
6 | which a violation continues shall
constitute a separate | ||||||
7 | violation.
Not more than $15,000 in fines under this Section | ||||||
8 | may be
imposed against
any licensee during the period of his | ||||||
9 | license. Proceeds from such fines
shall be paid into the | ||||||
10 | general corporate fund of the county or
municipal treasury, as | ||||||
11 | the case may be.
| ||||||
12 | However, no such license
shall be so revoked or suspended | ||||||
13 | and no licensee shall be fined except after
a public hearing by | ||||||
14 | the local
liquor control commissioner with a 3 day written | ||||||
15 | notice to the licensee
affording the licensee an opportunity to | ||||||
16 | appear and defend.
All such
hearings shall be open to the | ||||||
17 | public and the local liquor control
commissioner shall reduce | ||||||
18 | all evidence to writing and shall maintain an
official record | ||||||
19 | of the proceedings. If the local liquor control
commissioner | ||||||
20 | has reason to believe that any continued operation of a
| ||||||
21 | particular licensed premises will immediately threaten the | ||||||
22 | welfare of the
community he may, upon the issuance of a written | ||||||
23 | order stating the reason
for such conclusion and without notice | ||||||
24 | or hearing order the licensed
premises closed for not more than | ||||||
25 | 7 days, giving the licensee an
opportunity to be heard during | ||||||
26 | that period, except that if such licensee
shall also be engaged |
| |||||||
| |||||||
1 | in the conduct of another business or businesses on
the | ||||||
2 | licensed premises such order shall not be applicable to such | ||||||
3 | other
business or businesses.
| ||||||
4 | The local liquor control commissioner shall within 5 days | ||||||
5 | after such
hearing, if he determines after such hearing that | ||||||
6 | the license should be
revoked or suspended or that the licensee | ||||||
7 | should be fined, state the reason
or reasons for such | ||||||
8 | determination in
a written order, and either the amount of the | ||||||
9 | fine, the period of suspension,
or that the license has been | ||||||
10 | revoked,
and shall serve a copy of such
order within the 5 days | ||||||
11 | upon the licensee.
| ||||||
12 | If the premises for which the license was issued are | ||||||
13 | located outside of
a city, village or incorporated town having | ||||||
14 | a population of 500,000 or more
inhabitants, the licensee after | ||||||
15 | the receipt of such order of suspension or
revocation shall | ||||||
16 | have the privilege within a period of 20 days after the
receipt | ||||||
17 | of such order of suspension or revocation of appealing the | ||||||
18 | order to
the State commission for a decision sustaining, | ||||||
19 | reversing or modifying the
order of the local liquor control | ||||||
20 | commissioner. If the State commission
affirms the local | ||||||
21 | commissioner's order to suspend or revoke the license at
the | ||||||
22 | first hearing, the appellant shall cease to engage in the | ||||||
23 | business for
which the license was issued, until the local | ||||||
24 | commissioner's order is
terminated by its own provisions or | ||||||
25 | reversed upon rehearing or by the
courts.
| ||||||
26 | If the premises for which the license was issued are |
| |||||||
| |||||||
1 | located within a
city, village or incorporated town having a | ||||||
2 | population of 500,000 or more
inhabitants, the licensee shall | ||||||
3 | have the privilege, within a period of 20 days
after the
| ||||||
4 | receipt of such order of fine, suspension or revocation, of | ||||||
5 | appealing the order
to
the local license appeal commission and | ||||||
6 | upon the filing of such an appeal
by the licensee the license | ||||||
7 | appeal commission shall determine the appeal
upon certified | ||||||
8 | record of proceedings of the local liquor commissioner in
| ||||||
9 | accordance with the provisions of Section 7-9. Within 30
days | ||||||
10 | after such appeal was heard the license appeal
commission shall
| ||||||
11 | render a decision sustaining or reversing
the order of the | ||||||
12 | local liquor
control commissioner.
| ||||||
13 | (Source: P.A. 93-22, eff. 6-20-03; 93-926, eff. 8-12-04; | ||||||
14 | 93-1057, eff. 12-2-04; revised 12-6-04.)
| ||||||
15 | (235 ILCS 5/7-6) (from Ch. 43, par. 150)
| ||||||
16 | Sec. 7-6. All proceedings for the revocation or suspension | ||||||
17 | of licenses
of manufacturers, distributors, importing | ||||||
18 | distributors, non-resident dealers,
foreign
importers, | ||||||
19 | non-beverage users, railroads, airplanes and boats shall be
| ||||||
20 | before the State Commission. All such proceedings and all | ||||||
21 | proceedings
for the revocation or suspension of a retailer's | ||||||
22 | license before the
State commission shall be in accordance with | ||||||
23 | rules and regulations
established by it not inconsistent with | ||||||
24 | law. However, no such license
shall be so revoked or suspended | ||||||
25 | except after a hearing by the State
commission with reasonable |
| |||||||
| |||||||
1 | notice to the licensee served by registered
or certified mail | ||||||
2 | with return receipt requested at least 10 days
prior to
the | ||||||
3 | hearings at the last known place of business of the licensee | ||||||
4 | and
after an opportunity to appear and defend. Such notice | ||||||
5 | shall
specify the
time and place of the hearing, the nature of | ||||||
6 | the charges, the
specific provisions of the Act and rules | ||||||
7 | violated, and the specific facts
supporting the charges or | ||||||
8 | violation. The
findings of the Commission shall be predicated | ||||||
9 | upon competent evidence.
The revocation of a local license | ||||||
10 | shall automatically result in the
revocation of a State | ||||||
11 | license.
Upon notification by the Illinois Department of | ||||||
12 | Revenue, the State
Commission, in accordance with Section 3-12, | ||||||
13 | may refuse the issuance or renewal of a license, fine a | ||||||
14 | licensee, or suspend or revoke any license issued by the State | ||||||
15 | Commission if the licensee or license applicant has
violated | ||||||
16 | the
provisions of Section 3 of the Retailers' Occupation Tax | ||||||
17 | Act.
All procedures for the suspension or revocation
of a | ||||||
18 | license, as enumerated above, are applicable to the levying of | ||||||
19 | fines
for violations of this Act or any rule or regulation | ||||||
20 | issued pursuant thereto.
| ||||||
21 | (Source: P.A. 93-22, eff. 6-20-03; 93-926, eff. 8-12-04; | ||||||
22 | 93-1057, eff. 12-2-04; revised 12-6-04.)
| ||||||
23 | (235 ILCS 5/12-4)
| ||||||
24 | Sec. 12-4. Grape and Wine Resources Fund. Beginning July 1, | ||||||
25 | 1999 and
ending June 30, 2003 2006 , on the first day of each |
| |||||||
| |||||||
1 | State fiscal year,
or as soon
thereafter as may be practical, | ||||||
2 | the State Comptroller shall transfer the sum of
$500,000 from | ||||||
3 | the General Revenue Fund to the Grape and Wine Resources Fund,
| ||||||
4 | which is hereby continued as a special fund in the State | ||||||
5 | Treasury. By January
1, 2006, the Department of Commerce and | ||||||
6 | Economic Opportunity
Community Affairs shall review the
| ||||||
7 | activities of the Council and report to the General Assembly | ||||||
8 | and the Governor
its recommendation of whether or not the | ||||||
9 | funding under this Section should be
continued.
| ||||||
10 | The Grape and Wine Resources Fund shall be administered by | ||||||
11 | the Department of
Commerce and Economic Opportunity
Community | ||||||
12 | Affairs , which shall serve as the lead administrative
agency | ||||||
13 | for allocation and auditing of funds as well as monitoring | ||||||
14 | program
implementation. The Department shall make an annual | ||||||
15 | grant of moneys from the
Fund to the Council, which shall be | ||||||
16 | used to pay for the Council's operations
and expenses. These | ||||||
17 | moneys shall be used by the Council to achieve the
Council's | ||||||
18 | objectives and shall not be used for any political or | ||||||
19 | legislative
purpose. Money remaining in the Fund at the end of | ||||||
20 | the fiscal year shall
remain in the Fund for use during the | ||||||
21 | following year and shall not be
transferred to any other State | ||||||
22 | fund.
| ||||||
23 | (Source: P.A. 93-32, eff. 6-20-03; 93-512, eff. 1-1-04; revised | ||||||
24 | 12-17-03.)
| ||||||
25 | Section 795. The Illinois Public Aid Code is amended by |
| |||||||
| |||||||
1 | changing Sections 2-12, 2-12.5, 2-14, 4-1.7, 4-4.1, 5-1.1, | ||||||
2 | 5-2.05, 5-4, 5-5, 5-5.01, 5-5.1, 5-5.3, 5-5.4, 5-5.4c, 5-5.5, | ||||||
3 | 5-5.5a, 5-5.7, 5-5.8a, 5-5.8b, 5-5d, 5-9, 5-11, 5-11.1, 5-16.1, | ||||||
4 | 5-16.4, 5-16.8, 5-21, 5-24, 5A-4, 5A-5, 5A-10, 5A-13, 6-11, | ||||||
5 | 9-1, 9-13, 9A-7, 9A-9.5, 10-1, 10-10, 10-10.4, 10-15, 10-16.7, | ||||||
6 | 10-17.9, 10-24.35, 10-24.40, 10-24.50, 11-3, 11-3.1, 11-3.3, | ||||||
7 | 11-9, 11-16, 12-1, 12-4.7c, 12-4.35, 12-4.201, 12-9, 12-10.2a, | ||||||
8 | 12-10.4, 12-10.5, 12-13.1, and 12-16 and by setting forth, | ||||||
9 | renumbering, and changing multiple versions of Sections 5-5.23 | ||||||
10 | and 9A-15 as follows:
| ||||||
11 | (305 ILCS 5/2-12) (from Ch. 23, par. 2-12)
| ||||||
12 | Sec. 2-12. "Illinois Department"; "Department". In this | ||||||
13 | Code,
"Illinois Department" or "Department", when a particular | ||||||
14 | entity is not
specified, means the following:
| ||||||
15 | (1) In the case of a function performed before July 1, 1997 | ||||||
16 | (the effective
date of the Department of Human Services Act), | ||||||
17 | the term means the Department of
Public Aid.
| ||||||
18 | (2) In the case of a function to be performed on or after | ||||||
19 | July 1, 1997 under
Article III, IV, VI, IX, or IXA, the term | ||||||
20 | means the Department of Human
Services as successor to the | ||||||
21 | Illinois Department of Public Aid.
| ||||||
22 | (3) In the case of a function to be performed on or after | ||||||
23 | July 1, 1997 under
Article V, V-A, V-B, V-C, V-D, V-E, X, XIV, | ||||||
24 | or XV, the term means the Department of Healthcare and Family | ||||||
25 | Services (formerly Illinois
Department of Public Aid ) .
|
| |||||||
| |||||||
1 | (4) In the case of a function to be performed on or after | ||||||
2 | July 1, 1997 under
Article I, II, VIIIA, XI, XII, or XIII, the | ||||||
3 | term means the Department of Human
Services (acting as | ||||||
4 | successor to the Illinois Department of Public Aid) or the
| ||||||
5 | Department of Healthcare and Family Services (formerly
| ||||||
6 | Illinois Department of Public Aid ) or both, according to | ||||||
7 | whether that function,
in the specific context, has been | ||||||
8 | allocated to the Department of Human
Services or the Department | ||||||
9 | of Healthcare and Family Services (formerly Department of | ||||||
10 | Public Aid ) or both of those departments.
| ||||||
11 | (Source: P.A. 89-507, eff. 7-1-97; revised 12-15-05.)
| ||||||
12 | (305 ILCS 5/2-12.5)
| ||||||
13 | Sec. 2-12.5. "Director of the Illinois Department"; | ||||||
14 | "Director of the
Department"; "Director". In this Code, | ||||||
15 | "Director of the Illinois Department",
"Director of the | ||||||
16 | Department", or "Director", when a particular official is not
| ||||||
17 | specified, means the following:
| ||||||
18 | (1) In the case of a function performed before July 1, 1997 | ||||||
19 | (the effective
date of the Department of Human Services Act), | ||||||
20 | the term means the Director of
Public Aid.
| ||||||
21 | (2) In the case of a function to be performed on or after | ||||||
22 | July 1, 1997 under
Article III, IV, VI, IX, or IXA, the term | ||||||
23 | means the Secretary of Human
Services.
| ||||||
24 | (3) In the case of a function to be performed on or after | ||||||
25 | July 1, 1997 under
Article V, V-A, V-B, V-C, V-D, V-E, X, XIV, |
| |||||||
| |||||||
1 | or XV, the term means the Director of Healthcare and Family | ||||||
2 | Services (formerly Director
of Public Aid ) .
| ||||||
3 | (4) In the case of a function to be performed on or after | ||||||
4 | July 1, 1997 under
Article I, II, VIIIA, XI, XII, or XIII, the | ||||||
5 | term means the Secretary of Human
Services or the Director of | ||||||
6 | Healthcare and Family Services (formerly Director of Public | ||||||
7 | Aid ) or both, according to whether that
function, in the | ||||||
8 | specific context, has been allocated to the Department of
Human | ||||||
9 | Services or the Department of Healthcare and Family Services | ||||||
10 | (formerly Department of Public Aid ) or both of those | ||||||
11 | departments.
| ||||||
12 | (Source: P.A. 89-507, eff. 7-1-97; revised 12-15-05.)
| ||||||
13 | (305 ILCS 5/2-14) (from Ch. 23, par. 2-14)
| ||||||
14 | Sec. 2-14. "Local governmental unit". Every county, city, | ||||||
15 | village,
incorporated town or township charged with the duty of | ||||||
16 | providing public
aid under Article VI; and County Veterans | ||||||
17 | Assistance Commissions
providing general assistance to | ||||||
18 | indigent war veterans and their families
under Section 12-21.13 | ||||||
19 | of Article XII.
| ||||||
20 | However, should any Section of this Code impose the | ||||||
21 | obligation of
providing medical assistance to persons who are | ||||||
22 | non-residents of the
State of Illinois upon a local | ||||||
23 | governmental unit, the term "local
governmental unit" shall not | ||||||
24 | include townships. In such case the
obligation for providing | ||||||
25 | medical assistance to non-residents which would
otherwise be |
| |||||||
| |||||||
1 | the duty of a township shall become the obligation of the
| ||||||
2 | Illinois Department of Healthcare and Family Services
Public | ||||||
3 | Aid .
| ||||||
4 | (Source: P.A. 81-519; 81-1085; 81-1509; revised 12-15-05.)
| ||||||
5 | (305 ILCS 5/4-1.7) (from Ch. 23, par. 4-1.7)
| ||||||
6 | Sec. 4-1.7. Enforcement of Parental Child Support | ||||||
7 | Obligation.
If the parent or parents of the child are failing | ||||||
8 | to meet or are delinquent
in their legal obligation to support | ||||||
9 | the child, the parent or other person
having custody of the | ||||||
10 | child or the Illinois Department of Healthcare and Family | ||||||
11 | Services
Public Aid may
request the law enforcement officer | ||||||
12 | authorized or directed by law to so act
to file action for the | ||||||
13 | enforcement of such remedies as the law provides for
the | ||||||
14 | fulfillment of the child support obligation.
| ||||||
15 | If a parent has a judicial remedy against the other parent | ||||||
16 | to compel child
support, or if, as the result of an action | ||||||
17 | initiated by or in behalf of one
parent against the other, a | ||||||
18 | child support order has been entered in respect to
which there | ||||||
19 | is noncompliance or delinquency, or where the order so entered | ||||||
20 | may
be changed upon petition to the court to provide additional | ||||||
21 | support, the parent
or other person having custody of the child | ||||||
22 | or the Illinois Department of Healthcare and Family Services
| ||||||
23 | Public Aid may request the appropriate law enforcement officer | ||||||
24 | to seek
enforcement of the remedy, or of the support order, or | ||||||
25 | a change therein to
provide additional support. If the law |
| |||||||
| |||||||
1 | enforcement officer is not authorized
by law to so act in these | ||||||
2 | instances, the parent, or if so authorized by law the
other | ||||||
3 | person having custody of the child, or the Illinois Department | ||||||
4 | of Healthcare and Family Services
Public
Aid may initiate an | ||||||
5 | action to enforce these remedies.
| ||||||
6 | A parent or other person having custody of the child must
| ||||||
7 | comply with the requirements of Title IV of the federal Social
| ||||||
8 | Security Act, and the regulations duly promulgated thereunder,
| ||||||
9 | and any rules promulgated by the Illinois Department regarding | ||||||
10 | enforcement
of the child support obligation. The Illinois
| ||||||
11 | Department of Healthcare and Family Services
Public Aid
and the | ||||||
12 | Department of Human Services may provide by rule for the
grant | ||||||
13 | or continuation of aid to the person for a temporary period if | ||||||
14 | he
or she accepts counseling or other services designed to | ||||||
15 | increase his
or her motivation to seek enforcement of the child | ||||||
16 | support obligation.
| ||||||
17 | In addition to any other definition of failure or refusal | ||||||
18 | to comply
with the requirements of Title IV of the federal | ||||||
19 | Social Security Act, or
Illinois Department rule, in
the case | ||||||
20 | of failure to attend court hearings, the parent or other person
| ||||||
21 | can show cooperation by attending a court hearing or, if a | ||||||
22 | court hearing
cannot be scheduled within 14 days following the | ||||||
23 | court hearing that was
missed, by signing a statement that the | ||||||
24 | parent or other person is now
willing to cooperate in the child | ||||||
25 | support enforcement process and will
appear at any later | ||||||
26 | scheduled court date. The parent or other person can
show |
| |||||||
| |||||||
1 | cooperation by signing such a statement only once. If failure | ||||||
2 | to
attend the court hearing or other failure to cooperate | ||||||
3 | results in the case
being dismissed, such a statement may be | ||||||
4 | signed after 2 months.
| ||||||
5 | No denial or termination of medical assistance pursuant to | ||||||
6 | this Section
shall commence during pregnancy of the parent or | ||||||
7 | other person having custody
of the child or for 30 days after | ||||||
8 | the termination of such pregnancy. The
termination of medical | ||||||
9 | assistance may commence thereafter if the Illinois
Department | ||||||
10 | of Healthcare and Family Services
Public Aid determines that | ||||||
11 | the failure or refusal to comply
with this Section persists. | ||||||
12 | Postponement of denial or termination of medical
assistance | ||||||
13 | during pregnancy under this paragraph shall be effective only | ||||||
14 | to
the extent it does not conflict with federal law or | ||||||
15 | regulation.
| ||||||
16 | Any evidence a parent or other person having custody of the | ||||||
17 | child
gives in order to comply with the requirements of this | ||||||
18 | Section shall not
render him or her liable to prosecution under | ||||||
19 | Sections 11-7 or 11-8 of the
"Criminal Code of 1961", approved | ||||||
20 | July 28, 1961, as amended.
| ||||||
21 | When so requested, the Illinois Department of Healthcare | ||||||
22 | and Family Services
Public Aid and the Department
of Human | ||||||
23 | Services shall provide such services and assistance as the law
| ||||||
24 | enforcement officer may require in connection with the filing | ||||||
25 | of any action
hereunder.
| ||||||
26 | The Illinois Department of Healthcare and Family Services
|
| |||||||
| |||||||
1 | Public Aid and the Department of Human Services, as an expense | ||||||
2 | of administration, may also provide applicants for and
| ||||||
3 | recipients of aid with such services and assistance, including | ||||||
4 | assumption
of the reasonable costs of prosecuting any action or | ||||||
5 | proceeding, as may be
necessary to enable them to enforce the | ||||||
6 | child support liability required
hereunder.
| ||||||
7 | Nothing in this Section shall be construed as a requirement | ||||||
8 | that an
applicant or recipient file an action for dissolution | ||||||
9 | of marriage
against his or her spouse.
| ||||||
10 | (Source: P.A. 92-651, eff. 7-11-02; revised 12-15-05.)
| ||||||
11 | (305 ILCS 5/4-4.1)
| ||||||
12 | Sec. 4-4.1. Immunizations.
| ||||||
13 | (a) The Department of Healthcare and Family Services | ||||||
14 | (formerly Illinois Department of Public Aid ) shall develop and
| ||||||
15 | implement and that Department and the Department of Human | ||||||
16 | Services shall
jointly continue by rule a program to ensure | ||||||
17 | that children under 5 years of
age living
in assistance units | ||||||
18 | that receive benefits under this Code are immunized. The
| ||||||
19 | Illinois Department of Public Aid shall report to the Governor | ||||||
20 | and the
General Assembly on
the progress of the program on | ||||||
21 | April 1, 1994 and 1995.
| ||||||
22 | (b) Nothing in this Section shall be construed to require | ||||||
23 | immunization of
any child in contravention of the stated | ||||||
24 | objections of a parent, guardian, or
relative with custody of a | ||||||
25 | child that the administration of immunizing agents
conflicts |
| |||||||
| |||||||
1 | with his or her religious tenets and practices.
| ||||||
2 | (Source: P.A. 88-342; 89-507, eff. 7-1-97; revised 12-15-05.)
| ||||||
3 | (305 ILCS 5/5-1.1) (from Ch. 23, par. 5-1.1)
| ||||||
4 | Sec. 5-1.1. Definitions. The terms defined in this Section
| ||||||
5 | shall have the meanings ascribed to them, except when the
| ||||||
6 | context otherwise requires.
| ||||||
7 | (a) "Skilled nursing facility" means a nursing home | ||||||
8 | eligible
to participate as a skilled nursing facility under | ||||||
9 | Title XIX of
the federal Social Security Act.
| ||||||
10 | (b) "Intermediate care facility" means a nursing home | ||||||
11 | eligible
to participate as an intermediate care facility under | ||||||
12 | Title XIX
of the federal Social Security Act.
| ||||||
13 | (c) "Standard services" means those services required for
| ||||||
14 | the care of all patients in the facility and shall as a
minimum | ||||||
15 | include the following: (1) administration; (2)
dietary | ||||||
16 | (standard); (3) housekeeping; (4) laundry and linen;
(5) | ||||||
17 | maintenance of property and equipment, including utilities;
| ||||||
18 | (6) medical records; (7) training of employees; (8) utilization
| ||||||
19 | review; (9) activities services; (10) social services; (11)
| ||||||
20 | disability services; and all other similar services required
by | ||||||
21 | either the laws of the State of Illinois or one of its
| ||||||
22 | political subdivisions or municipalities or by Title XIX of
the | ||||||
23 | Social Security Act.
| ||||||
24 | (d) "Patient services" means those which vary with the
| ||||||
25 | number of personnel; professional and para-professional
skills |
| |||||||
| |||||||
1 | of the personnel; specialized equipment, and reflect
the | ||||||
2 | intensity of the medical and psycho-social needs of the
| ||||||
3 | patients. Patient services shall as a minimum include:
(1) | ||||||
4 | physical services; (2) nursing services, including
restorative | ||||||
5 | nursing; (3) medical direction and patient care
planning; (4) | ||||||
6 | health related supportive and habilitative
services and all | ||||||
7 | similar services required by either the
laws of the State of | ||||||
8 | Illinois or one of its political
subdivisions or municipalities | ||||||
9 | or by Title XIX of the
Social Security Act.
| ||||||
10 | (e) "Ancillary services" means those services which
| ||||||
11 | require a specific physician's order and defined as under
the | ||||||
12 | medical assistance program as not being routine in
nature for | ||||||
13 | skilled nursing and intermediate care facilities.
Such | ||||||
14 | services generally must be authorized prior to delivery
and | ||||||
15 | payment as provided for under the rules of the Department
of | ||||||
16 | Healthcare and Family Services
Public Aid .
| ||||||
17 | (f) "Capital" means the investment in a facility's assets
| ||||||
18 | for both debt and non-debt funds. Non-debt capital is the
| ||||||
19 | difference between an adjusted replacement value of the assets
| ||||||
20 | and the actual amount of debt capital.
| ||||||
21 | (g) "Profit" means the amount which shall accrue to a
| ||||||
22 | facility as a result of its revenues exceeding its expenses
as | ||||||
23 | determined in accordance with generally accepted accounting
| ||||||
24 | principles.
| ||||||
25 | (h) "Non-institutional services" means those services | ||||||
26 | provided under
paragraph (f) of Section 3 of the Disabled |
| |||||||
| |||||||
1 | Persons Rehabilitation Act and those services provided under | ||||||
2 | Section 4.02 of the Illinois Act on the Aging.
| ||||||
3 | (i) "Exceptional medical care" means the level of medical | ||||||
4 | care
required by persons who are medically stable for discharge | ||||||
5 | from a hospital
but who require acute intensity hospital level | ||||||
6 | care for physician,
nurse and ancillary specialist services, | ||||||
7 | including persons with acquired
immunodeficiency syndrome | ||||||
8 | (AIDS) or a related condition.
Such care shall consist of those | ||||||
9 | services which the Department shall determine
by rule.
| ||||||
10 | (j) "Institutionalized person" means an individual who is | ||||||
11 | an inpatient
in an intermediate care or skilled nursing | ||||||
12 | facility, or who is an inpatient in
a medical
institution | ||||||
13 | receiving a level of care equivalent to that of an intermediate
| ||||||
14 | care or skilled nursing facility, or who is receiving services | ||||||
15 | under
Section 1915(c) of the Social Security Act.
| ||||||
16 | (k) "Institutionalized spouse" means an institutionalized | ||||||
17 | person who is
expected to receive services at the same level of | ||||||
18 | care for at least 30 days
and is married to a spouse who is not | ||||||
19 | an institutionalized person.
| ||||||
20 | (l) "Community spouse" is the spouse of an | ||||||
21 | institutionalized spouse.
| ||||||
22 | (Source: P.A. 89-626, eff. 8-9-96; revised 12-15-05.)
| ||||||
23 | (305 ILCS 5/5-2.05)
| ||||||
24 | Sec. 5-2.05. Disabled children.
| ||||||
25 | (a) The Department of Healthcare and Family Services
Public |
| |||||||
| |||||||
1 | Aid may offer, to children with developmental
disabilities and | ||||||
2 | severely mentally ill or emotionally disturbed children who
| ||||||
3 | otherwise would not qualify for medical assistance under this | ||||||
4 | Article due to
family income, home-based and community-based | ||||||
5 | services instead of institutional
placement, as allowed under | ||||||
6 | paragraph 7 of Section 5-2.
| ||||||
7 | (b) The Department of Public Aid, in conjunction with the | ||||||
8 | Department of
Human Services and the Division of Specialized | ||||||
9 | Care for Children, University of
Illinois-Chicago, shall also
| ||||||
10 | report to the Governor and the General Assembly no
later than | ||||||
11 | January 1, 2004 regarding the status of existing services | ||||||
12 | offered
under paragraph 7
of Section 5-2. This report shall | ||||||
13 | include, but not be limited to, the following
information:
| ||||||
14 | (1) The number of persons eligible for these services.
| ||||||
15 | (2) The number of persons who applied for these | ||||||
16 | services.
| ||||||
17 | (3) The number of persons who currently receive these | ||||||
18 | services.
| ||||||
19 | (4) The nature, scope, and cost of services provided | ||||||
20 | under paragraph 7 of
Section 5-2.
| ||||||
21 | (5) The comparative cost of providing those services in | ||||||
22 | a hospital,
skilled nursing facility, or intermediate care | ||||||
23 | facility.
| ||||||
24 | (6) The funding sources for the provision of services, | ||||||
25 | including federal
financial participation.
| ||||||
26 | (7) The qualifications, skills, and availability of |
| |||||||
| |||||||
1 | caregivers for
children receiving services.
| ||||||
2 | The report shall also include information regarding the | ||||||
3 | extent to which the
existing programs could provide coverage | ||||||
4 | for mentally disabled children who are
currently being provided | ||||||
5 | services in an institution who could otherwise be
served in a | ||||||
6 | less-restrictive, community-based setting for the same or a | ||||||
7 | lower
cost.
| ||||||
8 | (Source: P.A. 93-599, eff. 8-26-03; revised 12-15-05.)
| ||||||
9 | (305 ILCS 5/5-4) (from Ch. 23, par. 5-4)
| ||||||
10 | Sec. 5-4. Amount and nature of medical assistance. The | ||||||
11 | amount and nature of
medical assistance shall be determined by | ||||||
12 | the County Departments in accordance
with the standards, rules, | ||||||
13 | and regulations of the Illinois Department of Healthcare and | ||||||
14 | Family Services
Public Aid , with due regard to the requirements | ||||||
15 | and conditions in each case,
including contributions available | ||||||
16 | from legally responsible
relatives. However, the amount and | ||||||
17 | nature of such medical assistance shall
not be affected by the | ||||||
18 | payment of any grant under the Senior Citizens and
Disabled | ||||||
19 | Persons Property Tax Relief and Pharmaceutical Assistance Act | ||||||
20 | or any
distributions or items of income described under | ||||||
21 | subparagraph (X) of
paragraph (2) of subsection (a) of Section | ||||||
22 | 203 of the Illinois Income Tax
Act.
The amount and nature of | ||||||
23 | medical assistance shall not be affected by the
receipt of | ||||||
24 | donations or benefits from fundraisers in cases of serious
| ||||||
25 | illness, as long as neither the person nor members of the |
| |||||||
| |||||||
1 | person's family
have actual control over the donations or | ||||||
2 | benefits or the disbursement of
the donations or benefits.
| ||||||
3 | In determining the income and assets available to the | ||||||
4 | institutionalized
spouse and to the community spouse, the | ||||||
5 | Illinois Department of Healthcare and Family Services
Public | ||||||
6 | Aid
shall follow the procedures established by federal law. The | ||||||
7 | community spouse
resource allowance shall be established and | ||||||
8 | maintained at the maximum level
permitted pursuant to Section | ||||||
9 | 1924(f)(2) of the Social Security Act, as now
or hereafter | ||||||
10 | amended, or an amount set after a fair hearing, whichever is
| ||||||
11 | greater. The monthly maintenance allowance for the community | ||||||
12 | spouse shall be
established and maintained at the maximum level | ||||||
13 | permitted pursuant to Section
1924(d)(3)(C) of the Social | ||||||
14 | Security Act, as now or hereafter amended. Subject
to the | ||||||
15 | approval of the Secretary of the United States Department of | ||||||
16 | Health and
Human Services, the provisions of this Section shall | ||||||
17 | be extended to persons who
but for the provision of home or | ||||||
18 | community-based services under Section
4.02 of the Illinois Act | ||||||
19 | on the Aging, would require the level of care provided
in an | ||||||
20 | institution, as is provided for in federal law.
| ||||||
21 | The Department of Human Services shall notify in writing | ||||||
22 | each
institutionalized
spouse who is a recipient of medical | ||||||
23 | assistance under this Article, and
each such person's community | ||||||
24 | spouse, of the changes in treatment of income
and resources, | ||||||
25 | including provisions for protecting income for a community
| ||||||
26 | spouse and permitting the transfer of resources to a community |
| |||||||
| |||||||
1 | spouse,
required by enactment of the federal Medicare | ||||||
2 | Catastrophic Coverage Act of
1988 (Public Law 100-360). The | ||||||
3 | notification shall be in language likely to
be easily | ||||||
4 | understood by those persons. The Department of Human
Services | ||||||
5 | also shall reassess the amount of medical assistance for which | ||||||
6 | each
such recipient is eligible as a result of the enactment of | ||||||
7 | that federal Act,
whether or not a recipient requests such a | ||||||
8 | reassessment.
| ||||||
9 | (Source: P.A. 90-655, eff. 7-30-98; 91-676, eff. 12-23-99; | ||||||
10 | revised 12-15-05.)
| ||||||
11 | (305 ILCS 5/5-5) (from Ch. 23, par. 5-5)
| ||||||
12 | Sec. 5-5. Medical services. The Illinois Department, by | ||||||
13 | rule, shall
determine the quantity and quality of and the rate | ||||||
14 | of reimbursement for the
medical assistance for which
payment | ||||||
15 | will be authorized, and the medical services to be provided,
| ||||||
16 | which may include all or part of the following: (1) inpatient | ||||||
17 | hospital
services; (2) outpatient hospital services; (3) other | ||||||
18 | laboratory and
X-ray services; (4) skilled nursing home | ||||||
19 | services; (5) physicians'
services whether furnished in the | ||||||
20 | office, the patient's home, a
hospital, a skilled nursing home, | ||||||
21 | or elsewhere; (6) medical care, or any
other type of remedial | ||||||
22 | care furnished by licensed practitioners; (7)
home health care | ||||||
23 | services; (8) private duty nursing service; (9) clinic
| ||||||
24 | services; (10) dental services, including prevention and | ||||||
25 | treatment of periodontal disease and dental caries disease for |
| |||||||
| |||||||
1 | pregnant women; (11) physical therapy and related
services; | ||||||
2 | (12) prescribed drugs, dentures, and prosthetic devices; and
| ||||||
3 | eyeglasses prescribed by a physician skilled in the diseases of | ||||||
4 | the eye,
or by an optometrist, whichever the person may select; | ||||||
5 | (13) other
diagnostic, screening, preventive, and | ||||||
6 | rehabilitative services; (14)
transportation and such other | ||||||
7 | expenses as may be necessary; (15) medical
treatment of sexual | ||||||
8 | assault survivors, as defined in
Section 1a of the Sexual | ||||||
9 | Assault Survivors Emergency Treatment Act, for
injuries | ||||||
10 | sustained as a result of the sexual assault, including
| ||||||
11 | examinations and laboratory tests to discover evidence which | ||||||
12 | may be used in
criminal proceedings arising from the sexual | ||||||
13 | assault; (16) the
diagnosis and treatment of sickle cell | ||||||
14 | anemia; and (17)
any other medical care, and any other type of | ||||||
15 | remedial care recognized
under the laws of this State, but not | ||||||
16 | including abortions, or induced
miscarriages or premature | ||||||
17 | births, unless, in the opinion of a physician,
such procedures | ||||||
18 | are necessary for the preservation of the life of the
woman | ||||||
19 | seeking such treatment, or except an induced premature birth
| ||||||
20 | intended to produce a live viable child and such procedure is | ||||||
21 | necessary
for the health of the mother or her unborn child. The | ||||||
22 | Illinois Department,
by rule, shall prohibit any physician from | ||||||
23 | providing medical assistance
to anyone eligible therefor under | ||||||
24 | this Code where such physician has been
found guilty of | ||||||
25 | performing an abortion procedure in a wilful and wanton
manner | ||||||
26 | upon a woman who was not pregnant at the time such abortion
|
| |||||||
| |||||||
1 | procedure was performed. The term "any other type of remedial | ||||||
2 | care" shall
include nursing care and nursing home service for | ||||||
3 | persons who rely on
treatment by spiritual means alone through | ||||||
4 | prayer for healing.
| ||||||
5 | Notwithstanding any other provision of this Section, a | ||||||
6 | comprehensive
tobacco use cessation program that includes | ||||||
7 | purchasing prescription drugs or
prescription medical devices | ||||||
8 | approved by the Food and Drug administration shall
be covered | ||||||
9 | under the medical assistance
program under this Article for | ||||||
10 | persons who are otherwise eligible for
assistance under this | ||||||
11 | Article.
| ||||||
12 | Notwithstanding any other provision of this Code, the | ||||||
13 | Illinois
Department may not require, as a condition of payment | ||||||
14 | for any laboratory
test authorized under this Article, that a | ||||||
15 | physician's handwritten signature
appear on the laboratory | ||||||
16 | test order form. The Illinois Department may,
however, impose | ||||||
17 | other appropriate requirements regarding laboratory test
order | ||||||
18 | documentation.
| ||||||
19 | The Illinois Department of Healthcare and Family Services
| ||||||
20 | Public Aid shall provide the following services to
persons
| ||||||
21 | eligible for assistance under this Article who are | ||||||
22 | participating in
education, training or employment programs | ||||||
23 | operated by the Department of Human
Services as successor to | ||||||
24 | the Department of Public Aid:
| ||||||
25 | (1) dental services, which shall include but not be | ||||||
26 | limited to
prosthodontics; and
|
| |||||||
| |||||||
1 | (2) eyeglasses prescribed by a physician skilled in the | ||||||
2 | diseases of the
eye, or by an optometrist, whichever the | ||||||
3 | person may select.
| ||||||
4 | The Illinois Department, by rule, may distinguish and | ||||||
5 | classify the
medical services to be provided only in accordance | ||||||
6 | with the classes of
persons designated in Section 5-2.
| ||||||
7 | The Illinois Department shall authorize the provision of, | ||||||
8 | and shall
authorize payment for, screening by low-dose | ||||||
9 | mammography for the presence of
occult breast cancer for women | ||||||
10 | 35 years of age or older who are eligible
for medical | ||||||
11 | assistance under this Article, as follows: a baseline
mammogram | ||||||
12 | for women 35 to 39 years of age and an
annual mammogram for | ||||||
13 | women 40 years of age or older. All screenings
shall
include a | ||||||
14 | physical breast exam, instruction on self-examination and
| ||||||
15 | information regarding the frequency of self-examination and | ||||||
16 | its value as a
preventative tool. As used in this Section, | ||||||
17 | "low-dose mammography" means
the x-ray examination of the | ||||||
18 | breast using equipment dedicated specifically
for mammography, | ||||||
19 | including the x-ray tube, filter, compression device,
image | ||||||
20 | receptor, and cassettes, with an average radiation exposure | ||||||
21 | delivery
of less than one rad mid-breast, with 2 views for each | ||||||
22 | breast.
| ||||||
23 | Any medical or health care provider shall immediately | ||||||
24 | recommend, to
any pregnant woman who is being provided prenatal | ||||||
25 | services and is suspected
of drug abuse or is addicted as | ||||||
26 | defined in the Alcoholism and Other Drug Abuse
and Dependency |
| |||||||
| |||||||
1 | Act, referral to a local substance abuse treatment provider
| ||||||
2 | licensed by the Department of Human Services or to a licensed
| ||||||
3 | hospital which provides substance abuse treatment services. | ||||||
4 | The Department of Healthcare and Family Services
Public Aid
| ||||||
5 | shall assure coverage for the cost of treatment of the drug | ||||||
6 | abuse or
addiction for pregnant recipients in accordance with | ||||||
7 | the Illinois Medicaid
Program in conjunction with the | ||||||
8 | Department of Human Services.
| ||||||
9 | All medical providers providing medical assistance to | ||||||
10 | pregnant women
under this Code shall receive information from | ||||||
11 | the Department on the
availability of services under the Drug | ||||||
12 | Free Families with a Future or any
comparable program providing | ||||||
13 | case management services for addicted women,
including | ||||||
14 | information on appropriate referrals for other social services
| ||||||
15 | that may be needed by addicted women in addition to treatment | ||||||
16 | for addiction.
| ||||||
17 | The Illinois Department, in cooperation with the | ||||||
18 | Departments of Human
Services (as successor to the Department | ||||||
19 | of Alcoholism and Substance
Abuse) and Public Health, through a | ||||||
20 | public awareness campaign, may
provide information concerning | ||||||
21 | treatment for alcoholism and drug abuse and
addiction, prenatal | ||||||
22 | health care, and other pertinent programs directed at
reducing | ||||||
23 | the number of drug-affected infants born to recipients of | ||||||
24 | medical
assistance.
| ||||||
25 | Neither the Illinois Department of Healthcare and Family | ||||||
26 | Services
Public Aid nor the Department of Human
Services shall |
| |||||||
| |||||||
1 | sanction the recipient solely on the basis of
her substance | ||||||
2 | abuse.
| ||||||
3 | The Illinois Department shall establish such regulations | ||||||
4 | governing
the dispensing of health services under this Article | ||||||
5 | as it shall deem
appropriate. The Department
should
seek the | ||||||
6 | advice of formal professional advisory committees appointed by
| ||||||
7 | the Director of the Illinois Department for the purpose of | ||||||
8 | providing regular
advice on policy and administrative matters, | ||||||
9 | information dissemination and
educational activities for | ||||||
10 | medical and health care providers, and
consistency in | ||||||
11 | procedures to the Illinois Department.
| ||||||
12 | The Illinois Department may develop and contract with | ||||||
13 | Partnerships of
medical providers to arrange medical services | ||||||
14 | for persons eligible under
Section 5-2 of this Code. | ||||||
15 | Implementation of this Section may be by
demonstration projects | ||||||
16 | in certain geographic areas. The Partnership shall
be | ||||||
17 | represented by a sponsor organization. The Department, by rule, | ||||||
18 | shall
develop qualifications for sponsors of Partnerships. | ||||||
19 | Nothing in this
Section shall be construed to require that the | ||||||
20 | sponsor organization be a
medical organization.
| ||||||
21 | The sponsor must negotiate formal written contracts with | ||||||
22 | medical
providers for physician services, inpatient and | ||||||
23 | outpatient hospital care,
home health services, treatment for | ||||||
24 | alcoholism and substance abuse, and
other services determined | ||||||
25 | necessary by the Illinois Department by rule for
delivery by | ||||||
26 | Partnerships. Physician services must include prenatal and
|
| |||||||
| |||||||
1 | obstetrical care. The Illinois Department shall reimburse | ||||||
2 | medical services
delivered by Partnership providers to clients | ||||||
3 | in target areas according to
provisions of this Article and the | ||||||
4 | Illinois Health Finance Reform Act,
except that:
| ||||||
5 | (1) Physicians participating in a Partnership and | ||||||
6 | providing certain
services, which shall be determined by | ||||||
7 | the Illinois Department, to persons
in areas covered by the | ||||||
8 | Partnership may receive an additional surcharge
for such | ||||||
9 | services.
| ||||||
10 | (2) The Department may elect to consider and negotiate | ||||||
11 | financial
incentives to encourage the development of | ||||||
12 | Partnerships and the efficient
delivery of medical care.
| ||||||
13 | (3) Persons receiving medical services through | ||||||
14 | Partnerships may receive
medical and case management | ||||||
15 | services above the level usually offered
through the | ||||||
16 | medical assistance program.
| ||||||
17 | Medical providers shall be required to meet certain | ||||||
18 | qualifications to
participate in Partnerships to ensure the | ||||||
19 | delivery of high quality medical
services. These | ||||||
20 | qualifications shall be determined by rule of the Illinois
| ||||||
21 | Department and may be higher than qualifications for | ||||||
22 | participation in the
medical assistance program. Partnership | ||||||
23 | sponsors may prescribe reasonable
additional qualifications | ||||||
24 | for participation by medical providers, only with
the prior | ||||||
25 | written approval of the Illinois Department.
| ||||||
26 | Nothing in this Section shall limit the free choice of |
| |||||||
| |||||||
1 | practitioners,
hospitals, and other providers of medical | ||||||
2 | services by clients.
In order to ensure patient freedom of | ||||||
3 | choice, the Illinois Department shall
immediately promulgate | ||||||
4 | all rules and take all other necessary actions so that
provided | ||||||
5 | services may be accessed from therapeutically certified | ||||||
6 | optometrists
to the full extent of the Illinois Optometric | ||||||
7 | Practice Act of 1987 without
discriminating between service | ||||||
8 | providers.
| ||||||
9 | The Department shall apply for a waiver from the United | ||||||
10 | States Health
Care Financing Administration to allow for the | ||||||
11 | implementation of
Partnerships under this Section.
| ||||||
12 | The Illinois Department shall require health care | ||||||
13 | providers to maintain
records that document the medical care | ||||||
14 | and services provided to recipients
of Medical Assistance under | ||||||
15 | this Article. The Illinois Department shall
require health care | ||||||
16 | providers to make available, when authorized by the
patient, in | ||||||
17 | writing, the medical records in a timely fashion to other
| ||||||
18 | health care providers who are treating or serving persons | ||||||
19 | eligible for
Medical Assistance under this Article. All | ||||||
20 | dispensers of medical services
shall be required to maintain | ||||||
21 | and retain business and professional records
sufficient to | ||||||
22 | fully and accurately document the nature, scope, details and
| ||||||
23 | receipt of the health care provided to persons eligible for | ||||||
24 | medical
assistance under this Code, in accordance with | ||||||
25 | regulations promulgated by
the Illinois Department. The rules | ||||||
26 | and regulations shall require that proof
of the receipt of |
| |||||||
| |||||||
1 | prescription drugs, dentures, prosthetic devices and
| ||||||
2 | eyeglasses by eligible persons under this Section accompany | ||||||
3 | each claim
for reimbursement submitted by the dispenser of such | ||||||
4 | medical services.
No such claims for reimbursement shall be | ||||||
5 | approved for payment by the Illinois
Department without such | ||||||
6 | proof of receipt, unless the Illinois Department
shall have put | ||||||
7 | into effect and shall be operating a system of post-payment
| ||||||
8 | audit and review which shall, on a sampling basis, be deemed | ||||||
9 | adequate by
the Illinois Department to assure that such drugs, | ||||||
10 | dentures, prosthetic
devices and eyeglasses for which payment | ||||||
11 | is being made are actually being
received by eligible | ||||||
12 | recipients. Within 90 days after the effective date of
this | ||||||
13 | amendatory Act of 1984, the Illinois Department shall establish | ||||||
14 | a
current list of acquisition costs for all prosthetic devices | ||||||
15 | and any
other items recognized as medical equipment and | ||||||
16 | supplies reimbursable under
this Article and shall update such | ||||||
17 | list on a quarterly basis, except that
the acquisition costs of | ||||||
18 | all prescription drugs shall be updated no
less frequently than | ||||||
19 | every 30 days as required by Section 5-5.12.
| ||||||
20 | The rules and regulations of the Illinois Department shall | ||||||
21 | require
that a written statement including the required opinion | ||||||
22 | of a physician
shall accompany any claim for reimbursement for | ||||||
23 | abortions, or induced
miscarriages or premature births. This | ||||||
24 | statement shall indicate what
procedures were used in providing | ||||||
25 | such medical services.
| ||||||
26 | The Illinois Department shall require all dispensers of |
| |||||||
| |||||||
1 | medical
services, other than an individual practitioner or | ||||||
2 | group of practitioners,
desiring to participate in the Medical | ||||||
3 | Assistance program
established under this Article to disclose | ||||||
4 | all financial, beneficial,
ownership, equity, surety or other | ||||||
5 | interests in any and all firms,
corporations, partnerships, | ||||||
6 | associations, business enterprises, joint
ventures, agencies, | ||||||
7 | institutions or other legal entities providing any
form of | ||||||
8 | health care services in this State under this Article.
| ||||||
9 | The Illinois Department may require that all dispensers of | ||||||
10 | medical
services desiring to participate in the medical | ||||||
11 | assistance program
established under this Article disclose, | ||||||
12 | under such terms and conditions as
the Illinois Department may | ||||||
13 | by rule establish, all inquiries from clients
and attorneys | ||||||
14 | regarding medical bills paid by the Illinois Department, which
| ||||||
15 | inquiries could indicate potential existence of claims or liens | ||||||
16 | for the
Illinois Department.
| ||||||
17 | Enrollment of a vendor that provides non-emergency medical | ||||||
18 | transportation,
defined by the Department by rule,
shall be
| ||||||
19 | conditional for 180 days. During that time, the Department of | ||||||
20 | Healthcare and Family Services
Public Aid may
terminate the | ||||||
21 | vendor's eligibility to participate in the medical assistance
| ||||||
22 | program without cause. That termination of eligibility is not | ||||||
23 | subject to the
Department's hearing process.
| ||||||
24 | The Illinois Department shall establish policies, | ||||||
25 | procedures,
standards and criteria by rule for the acquisition, | ||||||
26 | repair and replacement
of orthotic and prosthetic devices and |
| |||||||
| |||||||
1 | durable medical equipment. Such
rules shall provide, but not be | ||||||
2 | limited to, the following services: (1)
immediate repair or | ||||||
3 | replacement of such devices by recipients without
medical | ||||||
4 | authorization; and (2) rental, lease, purchase or | ||||||
5 | lease-purchase of
durable medical equipment in a | ||||||
6 | cost-effective manner, taking into
consideration the | ||||||
7 | recipient's medical prognosis, the extent of the
recipient's | ||||||
8 | needs, and the requirements and costs for maintaining such
| ||||||
9 | equipment. Such rules shall enable a recipient to temporarily | ||||||
10 | acquire and
use alternative or substitute devices or equipment | ||||||
11 | pending repairs or
replacements of any device or equipment | ||||||
12 | previously authorized for such
recipient by the Department.
| ||||||
13 | The Department shall execute, relative to the nursing home | ||||||
14 | prescreening
project, written inter-agency agreements with the | ||||||
15 | Department of Human
Services and the Department on Aging, to | ||||||
16 | effect the following: (i) intake
procedures and common | ||||||
17 | eligibility criteria for those persons who are receiving
| ||||||
18 | non-institutional services; and (ii) the establishment and | ||||||
19 | development of
non-institutional services in areas of the State | ||||||
20 | where they are not currently
available or are undeveloped.
| ||||||
21 | The Illinois Department shall develop and operate, in | ||||||
22 | cooperation
with other State Departments and agencies and in | ||||||
23 | compliance with
applicable federal laws and regulations, | ||||||
24 | appropriate and effective
systems of health care evaluation and | ||||||
25 | programs for monitoring of
utilization of health care services | ||||||
26 | and facilities, as it affects
persons eligible for medical |
| |||||||
| |||||||
1 | assistance under this Code.
| ||||||
2 | The Illinois Department shall report annually to the | ||||||
3 | General Assembly,
no later than the second Friday in April of | ||||||
4 | 1979 and each year
thereafter, in regard to:
| ||||||
5 | (a) actual statistics and trends in utilization of | ||||||
6 | medical services by
public aid recipients;
| ||||||
7 | (b) actual statistics and trends in the provision of | ||||||
8 | the various medical
services by medical vendors;
| ||||||
9 | (c) current rate structures and proposed changes in | ||||||
10 | those rate structures
for the various medical vendors; and
| ||||||
11 | (d) efforts at utilization review and control by the | ||||||
12 | Illinois Department.
| ||||||
13 | The period covered by each report shall be the 3 years | ||||||
14 | ending on the June
30 prior to the report. The report shall | ||||||
15 | include suggested legislation
for consideration by the General | ||||||
16 | Assembly. The filing of one copy of the
report with the | ||||||
17 | Speaker, one copy with the Minority Leader and one copy
with | ||||||
18 | the Clerk of the House of Representatives, one copy with the | ||||||
19 | President,
one copy with the Minority Leader and one copy with | ||||||
20 | the Secretary of the
Senate, one copy with the Legislative | ||||||
21 | Research Unit, and such additional
copies
with the State | ||||||
22 | Government Report Distribution Center for the General
Assembly | ||||||
23 | as is required under paragraph (t) of Section 7 of the State
| ||||||
24 | Library Act shall be deemed sufficient to comply with this | ||||||
25 | Section.
| ||||||
26 | (Source: P.A. 92-16, eff. 6-28-01; 92-651, eff. 7-11-02; |
| |||||||
| |||||||
1 | 92-789, eff. 8-6-02; 93-632, eff. 2-1-04; 93-841, eff. 7-30-04; | ||||||
2 | 93-981, eff. 8-23-04; revised 12-15-05.)
| ||||||
3 | (305 ILCS 5/5-5.01) (from Ch. 23, par. 5-5.01)
| ||||||
4 | Sec. 5-5.01. The Department of Healthcare and Family | ||||||
5 | Services
Public Aid may establish and implement
a pilot project | ||||||
6 | for determining the feasibility of authorizing medical
| ||||||
7 | assistance payments for the costs of diagnosis and treatment of | ||||||
8 | Alzheimer's
disease.
| ||||||
9 | (Source: P.A. 84-773; revised 12-15-05.)
| ||||||
10 | (305 ILCS 5/5-5.1) (from Ch. 23, par. 5-5.1)
| ||||||
11 | Sec. 5-5.1. Grouping of Facilities. The Department of | ||||||
12 | Healthcare and Family Services
Public Aid shall, for purposes | ||||||
13 | of payment, provide for
groupings of nursing facilities. | ||||||
14 | Factors to be considered
in grouping facilities may include, | ||||||
15 | but are not limited to,
size, age, patient mix or geographical | ||||||
16 | area.
| ||||||
17 | The groupings developed under this Section shall be
| ||||||
18 | considered in determining reasonable cost reimbursement
| ||||||
19 | formulas. However, this Section shall not preclude the
| ||||||
20 | Department from recognizing and evaluating the cost of
capital | ||||||
21 | on a facility-by-facility basis.
| ||||||
22 | (Source: P.A. 80-1142; revised 12-15-05.)
| ||||||
23 | (305 ILCS 5/5-5.3) (from Ch. 23, par. 5-5.3)
|
| |||||||
| |||||||
1 | Sec. 5-5.3. Conditions of Payment - Prospective Rates -
| ||||||
2 | Accounting Principles. This amendatory Act establishes certain
| ||||||
3 | conditions for the Department of Public Aid (now Healthcare and | ||||||
4 | Family Services) in instituting
rates for the care of | ||||||
5 | recipients of medical assistance in
skilled nursing facilities | ||||||
6 | and intermediate care facilities.
Such conditions shall assure | ||||||
7 | a method under which the payment
for skilled nursing and | ||||||
8 | intermediate care services, provided
to recipients under the | ||||||
9 | Medical Assistance Program shall be
on a reasonable cost | ||||||
10 | related basis, which is prospectively
determined annually by | ||||||
11 | the Department of Public Aid (now Healthcare and Family | ||||||
12 | Services) .
The annually established payment rate shall take | ||||||
13 | effect on July 1 in 1984
and subsequent years. There shall be | ||||||
14 | no rate increase during calendar year
1983 and the first six | ||||||
15 | months of calendar year 1984.
| ||||||
16 | The determination of the payment shall be made on the
basis | ||||||
17 | of generally accepted accounting principles that
shall take | ||||||
18 | into account the actual costs to the facility
of providing | ||||||
19 | skilled nursing and intermediate care services
to recipients | ||||||
20 | under the medical assistance program.
| ||||||
21 | The resultant total rate for a specified type of service
| ||||||
22 | shall be an amount which shall have been determined to be
| ||||||
23 | adequate to reimburse allowable costs of a facility that
is | ||||||
24 | economically and efficiently operated. The Department
shall | ||||||
25 | establish an effective date for each facility or group
of | ||||||
26 | facilities after which rates shall be paid on a reasonable
cost |
| |||||||
| |||||||
1 | related basis which shall be no sooner than the effective
date | ||||||
2 | of this amendatory Act of 1977.
| ||||||
3 | (Source: P.A. 91-357, eff. 7-29-99; revised 12-15-05.)
| ||||||
4 | (305 ILCS 5/5-5.4) (from Ch. 23, par. 5-5.4)
| ||||||
5 | Sec. 5-5.4. Standards of Payment - Department of Healthcare | ||||||
6 | and Family Services.
The Department of Healthcare and Family | ||||||
7 | Services shall develop standards of payment of skilled
nursing | ||||||
8 | and intermediate care services in facilities providing such | ||||||
9 | services
under this Article which:
| ||||||
10 | (1) Provide for the determination of a facility's payment
| ||||||
11 | for skilled nursing and intermediate care services on a | ||||||
12 | prospective basis.
The amount of the payment rate for all | ||||||
13 | nursing facilities certified by the
Department of Public Health | ||||||
14 | under the Nursing Home Care Act as Intermediate
Care for the | ||||||
15 | Developmentally Disabled facilities, Long Term Care for Under | ||||||
16 | Age
22 facilities, Skilled Nursing facilities, or Intermediate | ||||||
17 | Care facilities
under the
medical assistance program shall be | ||||||
18 | prospectively established annually on the
basis of historical, | ||||||
19 | financial, and statistical data reflecting actual costs
from | ||||||
20 | prior years, which shall be applied to the current rate year | ||||||
21 | and updated
for inflation, except that the capital cost element | ||||||
22 | for newly constructed
facilities shall be based upon projected | ||||||
23 | budgets. The annually established
payment rate shall take | ||||||
24 | effect on July 1 in 1984 and subsequent years. No rate
increase | ||||||
25 | and no
update for inflation shall be provided on or after July |
| |||||||
| |||||||
1 | 1, 1994 and before
July 1, 2007, unless specifically provided | ||||||
2 | for in this
Section.
The changes made by Public Act 93-841
| ||||||
3 | extending the duration of the prohibition against a rate | ||||||
4 | increase or update for inflation are effective retroactive to | ||||||
5 | July 1, 2004.
| ||||||
6 | For facilities licensed by the Department of Public Health | ||||||
7 | under the Nursing
Home Care Act as Intermediate Care for the | ||||||
8 | Developmentally Disabled facilities
or Long Term Care for Under | ||||||
9 | Age 22 facilities, the rates taking effect on July
1, 1998 | ||||||
10 | shall include an increase of 3%. For facilities licensed by the
| ||||||
11 | Department of Public Health under the Nursing Home Care Act as | ||||||
12 | Skilled Nursing
facilities or Intermediate Care facilities, | ||||||
13 | the rates taking effect on July 1,
1998 shall include an | ||||||
14 | increase of 3% plus $1.10 per resident-day, as defined by
the | ||||||
15 | Department. For facilities licensed by the Department of Public | ||||||
16 | Health under the Nursing Home Care Act as Intermediate Care | ||||||
17 | Facilities for the Developmentally Disabled or Long Term Care | ||||||
18 | for Under Age 22 facilities, the rates taking effect on January | ||||||
19 | 1, 2006 shall include an increase of 3%.
| ||||||
20 | For facilities licensed by the Department of Public Health | ||||||
21 | under the
Nursing Home Care Act as Intermediate Care for the | ||||||
22 | Developmentally Disabled
facilities or Long Term Care for Under | ||||||
23 | Age 22 facilities, the rates taking
effect on July 1, 1999 | ||||||
24 | shall include an increase of 1.6% plus $3.00 per
resident-day, | ||||||
25 | as defined by the Department. For facilities licensed by the
| ||||||
26 | Department of Public Health under the Nursing Home Care Act as |
| |||||||
| |||||||
1 | Skilled Nursing
facilities or Intermediate Care facilities, | ||||||
2 | the rates taking effect on July 1,
1999 shall include an | ||||||
3 | increase of 1.6% and, for services provided on or after
October | ||||||
4 | 1, 1999, shall be increased by $4.00 per resident-day, as | ||||||
5 | defined by
the Department.
| ||||||
6 | For facilities licensed by the Department of Public Health | ||||||
7 | under the
Nursing Home Care Act as Intermediate Care for the | ||||||
8 | Developmentally Disabled
facilities or Long Term Care for Under | ||||||
9 | Age 22 facilities, the rates taking
effect on July 1, 2000 | ||||||
10 | shall include an increase of 2.5% per resident-day,
as defined | ||||||
11 | by the Department. For facilities licensed by the Department of
| ||||||
12 | Public Health under the Nursing Home Care Act as Skilled | ||||||
13 | Nursing facilities or
Intermediate Care facilities, the rates | ||||||
14 | taking effect on July 1, 2000 shall
include an increase of 2.5% | ||||||
15 | per resident-day, as defined by the Department.
| ||||||
16 | For facilities licensed by the Department of Public Health | ||||||
17 | under the
Nursing Home Care Act as skilled nursing facilities | ||||||
18 | or intermediate care
facilities, a new payment methodology must | ||||||
19 | be implemented for the nursing
component of the rate effective | ||||||
20 | July 1, 2003. The Department of Public Aid
(now Healthcare and | ||||||
21 | Family Services) shall develop the new payment methodology | ||||||
22 | using the Minimum Data Set
(MDS) as the instrument to collect | ||||||
23 | information concerning nursing home
resident condition | ||||||
24 | necessary to compute the rate. The Department
shall develop the | ||||||
25 | new payment methodology to meet the unique needs of
Illinois | ||||||
26 | nursing home residents while remaining subject to the |
| |||||||
| |||||||
1 | appropriations
provided by the General Assembly.
A transition | ||||||
2 | period from the payment methodology in effect on June 30, 2003
| ||||||
3 | to the payment methodology in effect on July 1, 2003 shall be | ||||||
4 | provided for a
period not exceeding 3 years and 184 days after | ||||||
5 | implementation of the new payment
methodology as follows:
| ||||||
6 | (A) For a facility that would receive a lower
nursing | ||||||
7 | component rate per patient day under the new system than | ||||||
8 | the facility
received
effective on the date immediately | ||||||
9 | preceding the date that the Department
implements the new | ||||||
10 | payment methodology, the nursing component rate per | ||||||
11 | patient
day for the facility
shall be held at
the level in | ||||||
12 | effect on the date immediately preceding the date that the
| ||||||
13 | Department implements the new payment methodology until a | ||||||
14 | higher nursing
component rate of
reimbursement is achieved | ||||||
15 | by that
facility.
| ||||||
16 | (B) For a facility that would receive a higher nursing | ||||||
17 | component rate per
patient day under the payment | ||||||
18 | methodology in effect on July 1, 2003 than the
facility | ||||||
19 | received effective on the date immediately preceding the | ||||||
20 | date that the
Department implements the new payment | ||||||
21 | methodology, the nursing component rate
per patient day for | ||||||
22 | the facility shall be adjusted.
| ||||||
23 | (C) Notwithstanding paragraphs (A) and (B), the | ||||||
24 | nursing component rate per
patient day for the facility | ||||||
25 | shall be adjusted subject to appropriations
provided by the | ||||||
26 | General Assembly.
|
| |||||||
| |||||||
1 | For facilities licensed by the Department of Public Health | ||||||
2 | under the
Nursing Home Care Act as Intermediate Care for the | ||||||
3 | Developmentally Disabled
facilities or Long Term Care for Under | ||||||
4 | Age 22 facilities, the rates taking
effect on March 1, 2001 | ||||||
5 | shall include a statewide increase of 7.85%, as
defined by the | ||||||
6 | Department.
| ||||||
7 | For facilities licensed by the Department of Public Health | ||||||
8 | under the
Nursing Home Care Act as Intermediate Care for the | ||||||
9 | Developmentally Disabled
facilities or Long Term Care for Under | ||||||
10 | Age 22 facilities, the rates taking
effect on April 1, 2002 | ||||||
11 | shall include a statewide increase of 2.0%, as
defined by the | ||||||
12 | Department.
This increase terminates on July 1, 2002;
beginning | ||||||
13 | July 1, 2002 these rates are reduced to the level of the rates
| ||||||
14 | in effect on March 31, 2002, as defined by the Department.
| ||||||
15 | For facilities licensed by the Department of Public Health | ||||||
16 | under the
Nursing Home Care Act as skilled nursing facilities | ||||||
17 | or intermediate care
facilities, the rates taking effect on | ||||||
18 | July 1, 2001 shall be computed using the most recent cost | ||||||
19 | reports
on file with the Department of Public Aid no later than | ||||||
20 | April 1, 2000,
updated for inflation to January 1, 2001. For | ||||||
21 | rates effective July 1, 2001
only, rates shall be the greater | ||||||
22 | of the rate computed for July 1, 2001
or the rate effective on | ||||||
23 | June 30, 2001.
| ||||||
24 | Notwithstanding any other provision of this Section, for | ||||||
25 | facilities
licensed by the Department of Public Health under | ||||||
26 | the Nursing Home Care Act
as skilled nursing facilities or |
| |||||||
| |||||||
1 | intermediate care facilities, the Illinois
Department shall | ||||||
2 | determine by rule the rates taking effect on July 1, 2002,
| ||||||
3 | which shall be 5.9% less than the rates in effect on June 30, | ||||||
4 | 2002.
| ||||||
5 | Notwithstanding any other provision of this Section, for | ||||||
6 | facilities
licensed by the Department of Public Health under | ||||||
7 | the Nursing Home Care Act as
skilled nursing
facilities or | ||||||
8 | intermediate care facilities, if the payment methodologies | ||||||
9 | required under Section 5A-12 and the waiver granted under 42 | ||||||
10 | CFR 433.68 are approved by the United States Centers for | ||||||
11 | Medicare and Medicaid Services, the rates taking effect on July | ||||||
12 | 1, 2004 shall be 3.0% greater than the rates in effect on June | ||||||
13 | 30, 2004. These rates shall take
effect only upon approval and
| ||||||
14 | implementation of the payment methodologies required under | ||||||
15 | Section 5A-12.
| ||||||
16 | Notwithstanding any other provisions of this Section, for | ||||||
17 | facilities licensed by the Department of Public Health under | ||||||
18 | the Nursing Home Care Act as skilled nursing facilities or | ||||||
19 | intermediate care facilities, the rates taking effect on | ||||||
20 | January 1, 2005 shall be 3% more than the rates in effect on | ||||||
21 | December 31, 2004.
| ||||||
22 | Notwithstanding any other provisions of this Section, for | ||||||
23 | facilities licensed by the Department of Public Health under | ||||||
24 | the Nursing Home Care Act as intermediate care facilities that | ||||||
25 | are federally defined as Institutions for Mental Disease, a | ||||||
26 | socio-development component rate equal to 6.6% of the |
| |||||||
| |||||||
1 | facility's nursing component rate as of January 1, 2006 shall | ||||||
2 | be established and paid effective July 1, 2006. The Illinois | ||||||
3 | Department may by rule adjust these socio-development | ||||||
4 | component rates, but in no case may such rates be diminished.
| ||||||
5 | For facilities
licensed
by the
Department of Public Health | ||||||
6 | under the Nursing Home Care Act as Intermediate
Care for
the | ||||||
7 | Developmentally Disabled facilities or as long-term care | ||||||
8 | facilities for
residents under 22 years of age, the rates | ||||||
9 | taking effect on July 1,
2003 shall
include a statewide | ||||||
10 | increase of 4%, as defined by the Department.
| ||||||
11 | Notwithstanding any other provision of this Section, for | ||||||
12 | facilities licensed by the Department of Public Health under | ||||||
13 | the Nursing Home Care Act as skilled nursing facilities or | ||||||
14 | intermediate care facilities, effective January 1, 2005, | ||||||
15 | facility rates shall be increased by the difference between (i) | ||||||
16 | a facility's per diem property, liability, and malpractice | ||||||
17 | insurance costs as reported in the cost report filed with the | ||||||
18 | Department of Public Aid and used to establish rates effective | ||||||
19 | July 1, 2001 and (ii) those same costs as reported in the | ||||||
20 | facility's 2002 cost report. These costs shall be passed | ||||||
21 | through to the facility without caps or limitations, except for | ||||||
22 | adjustments required under normal auditing procedures.
| ||||||
23 | Rates established effective each July 1 shall govern | ||||||
24 | payment
for services rendered throughout that fiscal year, | ||||||
25 | except that rates
established on July 1, 1996 shall be | ||||||
26 | increased by 6.8% for services
provided on or after January 1, |
| |||||||
| |||||||
1 | 1997. Such rates will be based
upon the rates calculated for | ||||||
2 | the year beginning July 1, 1990, and for
subsequent years | ||||||
3 | thereafter until June 30, 2001 shall be based on the
facility | ||||||
4 | cost reports
for the facility fiscal year ending at any point | ||||||
5 | in time during the previous
calendar year, updated to the | ||||||
6 | midpoint of the rate year. The cost report
shall be on file | ||||||
7 | with the Department no later than April 1 of the current
rate | ||||||
8 | year. Should the cost report not be on file by April 1, the | ||||||
9 | Department
shall base the rate on the latest cost report filed | ||||||
10 | by each skilled care
facility and intermediate care facility, | ||||||
11 | updated to the midpoint of the
current rate year. In | ||||||
12 | determining rates for services rendered on and after
July 1, | ||||||
13 | 1985, fixed time shall not be computed at less than zero. The
| ||||||
14 | Department shall not make any alterations of regulations which | ||||||
15 | would reduce
any component of the Medicaid rate to a level | ||||||
16 | below what that component would
have been utilizing in the rate | ||||||
17 | effective on July 1, 1984.
| ||||||
18 | (2) Shall take into account the actual costs incurred by | ||||||
19 | facilities
in providing services for recipients of skilled | ||||||
20 | nursing and intermediate
care services under the medical | ||||||
21 | assistance program.
| ||||||
22 | (3) Shall take into account the medical and psycho-social
| ||||||
23 | characteristics and needs of the patients.
| ||||||
24 | (4) Shall take into account the actual costs incurred by | ||||||
25 | facilities in
meeting licensing and certification standards | ||||||
26 | imposed and prescribed by the
State of Illinois, any of its |
| |||||||
| |||||||
1 | political subdivisions or municipalities and by
the U.S. | ||||||
2 | Department of Health and Human Services pursuant to Title XIX | ||||||
3 | of the
Social Security Act.
| ||||||
4 | The Department of Healthcare and Family Services
shall | ||||||
5 | develop precise standards for
payments to reimburse nursing | ||||||
6 | facilities for any utilization of
appropriate rehabilitative | ||||||
7 | personnel for the provision of rehabilitative
services which is | ||||||
8 | authorized by federal regulations, including
reimbursement for | ||||||
9 | services provided by qualified therapists or qualified
| ||||||
10 | assistants, and which is in accordance with accepted | ||||||
11 | professional
practices. Reimbursement also may be made for | ||||||
12 | utilization of other
supportive personnel under appropriate | ||||||
13 | supervision.
| ||||||
14 | (Source: P.A. 93-20, eff. 6-20-03; 93-649, eff. 1-8-04; 93-659, | ||||||
15 | eff. 2-3-04; 93-841, eff. 7-30-04; 93-1087, eff. 2-28-05; | ||||||
16 | 94-48, eff. 7-1-05; 94-85, eff. 6-28-05; 94-697, eff. 11-21-05; | ||||||
17 | 94-838, eff. 6-6-06; 94-964, eff. 6-28-06; revised 8-3-06.)
| ||||||
18 | (305 ILCS 5/5-5.4c)
| ||||||
19 | Sec. 5-5.4c. Bed
reserves; approval. The Department of | ||||||
20 | Healthcare and Family Services
Public Aid shall approve bed | ||||||
21 | reserves at a daily rate of 75% of an individual's current
| ||||||
22 | Medicaid per diem, for nursing facilities 90% or more of
whose | ||||||
23 | residents are Medicaid recipients and that have
occupancy | ||||||
24 | levels of at least 93% for resident bed reserves
not exceeding | ||||||
25 | 10 days.
|
| |||||||
| |||||||
1 | (Source: P.A. 93-841, eff. 7-30-04; revised 12-15-05.) | ||||||
2 | (305 ILCS 5/5-5.5) (from Ch. 23, par. 5-5.5)
| ||||||
3 | Sec. 5-5.5. Elements of Payment Rate.
| ||||||
4 | (a) The Department of Healthcare and Family Services
Public | ||||||
5 | Aid shall develop a prospective method for
determining payment | ||||||
6 | rates for skilled nursing and intermediate care
services in | ||||||
7 | nursing facilities composed of the following cost elements:
| ||||||
8 | (1) Standard Services, with the cost of this component | ||||||
9 | being determined
by taking into account the actual costs to | ||||||
10 | the facilities of these services
subject to cost ceilings | ||||||
11 | to be defined in the Department's rules.
| ||||||
12 | (2) Resident Services, with the cost of this component | ||||||
13 | being
determined by taking into account the actual costs, | ||||||
14 | needs and utilization
of these services, as derived from an | ||||||
15 | assessment of the resident needs in
the nursing facilities. | ||||||
16 | The Department shall adopt rules governing
reimbursement | ||||||
17 | for resident services as listed in Section 5-1.1. Surveys | ||||||
18 | or
assessments of resident needs under this Section shall | ||||||
19 | include a review by
the facility of the results of such | ||||||
20 | assessments and a discussion of issues
in dispute with | ||||||
21 | authorized survey staff, unless the facility elects not to
| ||||||
22 | participate in such a review process. Surveys or | ||||||
23 | assessments of resident
needs under this Section may be | ||||||
24 | conducted semi-annually and payment rates
relating to | ||||||
25 | resident services may be changed on a semi-annual basis. |
| |||||||
| |||||||
1 | The
Illinois Department shall initiate a project, either on | ||||||
2 | a pilot basis or
Statewide, to reimburse the cost of | ||||||
3 | resident services based on a
methodology which utilizes an | ||||||
4 | assessment of resident needs to determine the
level of | ||||||
5 | reimbursement. This methodology shall be different from | ||||||
6 | the
payment criteria for resident services utilized by the | ||||||
7 | Illinois Department
on July 1, 1981. On March 1, 1982, and | ||||||
8 | each year thereafter, until such
time when the Illinois | ||||||
9 | Department adopts the methodology used in such
project for | ||||||
10 | use statewide,
the Illinois Department shall report to the | ||||||
11 | General Assembly on the
implementation and progress of such | ||||||
12 | project. The report shall include:
| ||||||
13 | (A) A statement of the Illinois Department's goals | ||||||
14 | and objectives
for such project;
| ||||||
15 | (B) A description of such project, including the | ||||||
16 | number and type of
nursing facilities involved in the | ||||||
17 | project;
| ||||||
18 | (C) A description of the methodology used in such | ||||||
19 | project;
| ||||||
20 | (D) A description of the Illinois Department's | ||||||
21 | application of the
methodology;
| ||||||
22 | (E) A statement on the methodology's effect on the | ||||||
23 | quality of care
given to residents in the sample | ||||||
24 | nursing facilities; and
| ||||||
25 | (F) A statement on the cost of the methodology used | ||||||
26 | in such project
and a comparison of this cost with the |
| |||||||
| |||||||
1 | cost of the current payment criteria.
| ||||||
2 | (3) Ancillary Services, with the payment rate being | ||||||
3 | developed for
each individual type of service. Payment | ||||||
4 | shall be made only when
authorized under procedures | ||||||
5 | developed by the Department of Healthcare and Family | ||||||
6 | Services
Public Aid .
| ||||||
7 | (4) Nurse's Aide Training, with the cost of this | ||||||
8 | component being
determined by taking into account the | ||||||
9 | actual cost to the facilities of
such training.
| ||||||
10 | (5) Real Estate Taxes, with the cost of this component | ||||||
11 | being
determined by taking into account the figures | ||||||
12 | contained in the most
currently available cost reports | ||||||
13 | (with no imposition of maximums) updated
to the midpoint of | ||||||
14 | the current rate year for long term care services
rendered | ||||||
15 | between July 1, 1984 and June 30, 1985, and with the cost | ||||||
16 | of this
component being determined by taking into account | ||||||
17 | the actual 1983 taxes for
which the nursing homes were | ||||||
18 | assessed (with no imposition of maximums)
updated to the | ||||||
19 | midpoint of the current rate year for long term care
| ||||||
20 | services rendered between July 1, 1985 and June 30, 1986.
| ||||||
21 | (b) In developing a prospective method for determining | ||||||
22 | payment rates
for skilled nursing and intermediate care | ||||||
23 | services in nursing facilities,
the Department of Healthcare | ||||||
24 | and Family Services
Public Aid shall consider the following | ||||||
25 | cost elements:
| ||||||
26 | (1) Reasonable capital cost determined by utilizing |
| |||||||
| |||||||
1 | incurred interest
rate and the current value of the | ||||||
2 | investment, including land, utilizing
composite rates, or | ||||||
3 | by utilizing such other reasonable cost related methods
| ||||||
4 | determined by the Department. However, beginning with the | ||||||
5 | rate
reimbursement period effective July 1, 1987, the | ||||||
6 | Department shall be
prohibited from establishing, | ||||||
7 | including, and implementing any depreciation
factor in | ||||||
8 | calculating the capital cost element.
| ||||||
9 | (2) Profit, with the actual amount being produced and | ||||||
10 | accruing to
the providers in the form of a return on their | ||||||
11 | total investment, on the
basis of their ability to | ||||||
12 | economically and efficiently deliver a type
of service. The | ||||||
13 | method of payment may assure the opportunity for a
profit, | ||||||
14 | but shall not guarantee or establish a specific amount as a | ||||||
15 | cost.
| ||||||
16 | (c) The Illinois Department may implement the amendatory | ||||||
17 | changes to
this Section made by this amendatory Act of 1991 | ||||||
18 | through the use of
emergency rules in accordance with the | ||||||
19 | provisions of Section 5.02 of the
Illinois Administrative | ||||||
20 | Procedure Act. For purposes of the Illinois
Administrative | ||||||
21 | Procedure Act, the adoption of rules to implement the
| ||||||
22 | amendatory changes to this Section made by this amendatory
Act | ||||||
23 | of 1991 shall be deemed an emergency and necessary for the | ||||||
24 | public
interest, safety and welfare.
| ||||||
25 | (d) No later than January 1, 2001, the Department of Public | ||||||
26 | Aid shall file
with the Joint Committee on Administrative |
| |||||||
| |||||||
1 | Rules, pursuant to the Illinois
Administrative Procedure
Act,
a | ||||||
2 | proposed rule, or a proposed amendment to an existing rule, | ||||||
3 | regarding payment
for appropriate services, including | ||||||
4 | assessment, care planning, discharge
planning, and treatment
| ||||||
5 | provided by nursing facilities to residents who have a serious | ||||||
6 | mental
illness.
| ||||||
7 | (Source: P.A. 93-632, eff. 2-1-04; revised 12-15-05.)
| ||||||
8 | (305 ILCS 5/5-5.5a) (from Ch. 23, par. 5-5.5a)
| ||||||
9 | Sec. 5-5.5a. Kosher kitchen and food service.
| ||||||
10 | (a) The Department of Healthcare and Family Services
Public | ||||||
11 | Aid may develop in its rate structure for
skilled nursing | ||||||
12 | facilities and intermediate care facilities an accommodation
| ||||||
13 | for fully kosher kitchen and food service operations, | ||||||
14 | rabbinically
approved or certified on an annual basis for a | ||||||
15 | facility in which the only
kitchen or all kitchens are fully | ||||||
16 | kosher (a fully kosher facility).
Beginning in the fiscal year | ||||||
17 | after the fiscal year when this amendatory Act
of 1990 becomes | ||||||
18 | effective, the rate structure may provide for an additional
| ||||||
19 | payment to such facility not to exceed 50 cents per resident | ||||||
20 | per day if 60%
or more of the residents in the facility request | ||||||
21 | kosher foods or food
products prepared in accordance with | ||||||
22 | Jewish religious dietary requirements
for religious purposes | ||||||
23 | in a fully kosher facility. Based upon food cost
reports of the | ||||||
24 | Illinois Department of Agriculture regarding kosher and
| ||||||
25 | non-kosher food available in the various regions of the State, |
| |||||||
| |||||||
1 | this rate
structure may be periodically adjusted by the | ||||||
2 | Department but may not exceed
the maximum authorized under this | ||||||
3 | subsection (a).
| ||||||
4 | (b) The Department shall by rule determine how a facility | ||||||
5 | with a fully
kosher kitchen and food service may be determined | ||||||
6 | to be eligible and apply
for the rate accommodation specified | ||||||
7 | in subsection (a).
| ||||||
8 | (Source: P.A. 86-1464; revised 12-15-05.)
| ||||||
9 | (305 ILCS 5/5-5.7) (from Ch. 23, par. 5-5.7)
| ||||||
10 | Sec. 5-5.7. Cost Reports - Audits. The Department of | ||||||
11 | Healthcare and Family Services
Public Aid shall
work with the | ||||||
12 | Department of Public Health to use cost report information
| ||||||
13 | currently being collected under provisions of the "Nursing Home | ||||||
14 | Care
Act", approved August 23, 1979, as amended. The Department | ||||||
15 | of Healthcare and Family Services
Public Aid may, in | ||||||
16 | conjunction with the Department of Public Health,
develop in | ||||||
17 | accordance with generally accepted accounting principles a
| ||||||
18 | uniform chart of accounts which each facility providing | ||||||
19 | services under the
medical assistance program shall adopt, | ||||||
20 | after a reasonable period.
| ||||||
21 | Nursing homes licensed under the Nursing Home Care Act
and | ||||||
22 | providers of adult developmental training services certified | ||||||
23 | by the
Department of Human Services pursuant to
Section 15.2 of | ||||||
24 | the Mental Health and Developmental Disabilities | ||||||
25 | Administrative
Act which provide
services to clients eligible |
| |||||||
| |||||||
1 | for
medical assistance under this Article are responsible for | ||||||
2 | submitting the
required annual cost report to the Department of | ||||||
3 | Healthcare and Family Services
Public Aid .
| ||||||
4 | The Department of Healthcare and Family Services
Public Aid
| ||||||
5 | shall audit the financial and statistical
records of each | ||||||
6 | provider participating in the medical assistance program
as a | ||||||
7 | skilled nursing or intermediate care facility over a 3 year | ||||||
8 | period,
beginning with the close of the first cost reporting | ||||||
9 | year. Following the
end of this 3-year term, audits of the | ||||||
10 | financial and statistical records
will be performed each year | ||||||
11 | in at least 20% of the facilities participating
in the medical | ||||||
12 | assistance program with at least 10% being selected on a
random | ||||||
13 | sample basis, and the remainder selected on the basis of | ||||||
14 | exceptional
profiles. All audits shall be conducted in | ||||||
15 | accordance with generally accepted
auditing standards.
| ||||||
16 | The Department of Healthcare and Family Services
Public Aid
| ||||||
17 | shall establish prospective payment rates
for categories of | ||||||
18 | service needed within the skilled nursing and intermediate
care | ||||||
19 | levels of services, in order to more appropriately recognize | ||||||
20 | the
individual needs of patients in nursing facilities.
| ||||||
21 | The Department of Healthcare and Family Services
Public Aid
| ||||||
22 | shall provide, during the process of
establishing the payment | ||||||
23 | rate for skilled nursing and intermediate care
services, or | ||||||
24 | when a substantial change in rates is proposed, an opportunity
| ||||||
25 | for public review and comment on the proposed rates prior to | ||||||
26 | their becoming
effective.
|
| |||||||
| |||||||
1 | (Source: P.A. 89-507, eff. 7-1-97; revised 12-15-05.)
| ||||||
2 | (305 ILCS 5/5-5.8a) (from Ch. 23, par. 5-5.8a)
| ||||||
3 | Sec. 5-5.8a. Payment for exceptional care.
| ||||||
4 | (a) For the provision of
exceptional medical care, the | ||||||
5 | Illinois Department of Healthcare and Family Services
Public | ||||||
6 | Aid may make
payments only to skilled nursing facilities that | ||||||
7 | substantially
meet the
licensure and certification | ||||||
8 | requirements prescribed by the
Department of Public Health. | ||||||
9 | Only the Department of Public Health shall be
responsible for | ||||||
10 | determining whether licensure and certification
requirements | ||||||
11 | for skilled nursing care facilities have been substantially
| ||||||
12 | met. The rate of payment shall be negotiated with the | ||||||
13 | facilities offering
to provide the exceptional medical care. A | ||||||
14 | facility's costs of providing
exceptional care shall not be | ||||||
15 | considered in determining the rate of payment
to skilled | ||||||
16 | nursing facilities under Sections 5-5.3 through
5-5.5.
Payment | ||||||
17 | for exceptional medical care shall not exceed the rate that the
| ||||||
18 | Illinois Department would be required to pay under the Medical | ||||||
19 | Assistance
Program for the same care in a hospital.
| ||||||
20 | (b) The Illinois Department shall adopt rules and | ||||||
21 | regulations under the Illinois Administrative Procedure Act to | ||||||
22 | implement this Section.
Those rules and regulations shall set | ||||||
23 | forth the procedures to be followed
by facilities when | ||||||
24 | submitting an initial exceptional medical care
certification | ||||||
25 | request and exceptional medical care payment
requests.
The |
| |||||||
| |||||||
1 | rules and regulations shall also include the procedures and | ||||||
2 | criteria
used by the Illinois Department in determining whether | ||||||
3 | to approve a skilled
nursing facility's initial exceptional | ||||||
4 | medical care certification request
and exceptional medical | ||||||
5 | care payment requests. The
rules
shall provide that the | ||||||
6 | Illinois Department, upon receipt of a facility's
request for | ||||||
7 | payment for exceptional medical care and all necessary
| ||||||
8 | documentation, shall, after negotiations between the Illinois | ||||||
9 | Department
and the facility are completed, determine and
notify | ||||||
10 | the
facility whether the request has been approved or denied.
| ||||||
11 | (Source: P.A. 88-412; revised 12-15-05.)
| ||||||
12 | (305 ILCS 5/5-5.8b) (from Ch. 23, par. 5-5.8b)
| ||||||
13 | Sec. 5-5.8b. Payment to Campus Facilities. There is hereby | ||||||
14 | established
a separate payment category for campus facilities. | ||||||
15 | A "campus facility" is
defined as an entity which consists of a | ||||||
16 | long term care facility (or group
of facilities if the | ||||||
17 | facilities are on the same contiguous parcel of real
estate) | ||||||
18 | which meets all of the following criteria as of May 1,
1987: | ||||||
19 | the
entity provides care for both children and adults; | ||||||
20 | residents of the entity
reside in three or more separate | ||||||
21 | buildings with congregate and small group
living arrangements | ||||||
22 | on a single campus; the entity provides three or more
separate | ||||||
23 | licensed levels of care; the entity (or a part of the entity) | ||||||
24 | is
enrolled with the Department of Public Aid (now Department | ||||||
25 | of Healthcare and Family Services) as a provider of long term |
| |||||||
| |||||||
1 | care
services and receives payments from that
the Department of | ||||||
2 | Public Aid ; the
entity (or a part of the entity) receives | ||||||
3 | funding from the Department of
Mental Health and Developmental | ||||||
4 | Disabilities (now the Department of Human
Services); and the | ||||||
5 | entity (or a part of
the entity) holds a current license as a | ||||||
6 | child care institution issued by
the Department of Children and | ||||||
7 | Family Services.
| ||||||
8 | The Department of Healthcare and Family Services
Public | ||||||
9 | Aid , the Department of Human Services, and the Department of | ||||||
10 | Children and Family
Services shall develop jointly a rate | ||||||
11 | methodology or methodologies for
campus facilities. Such | ||||||
12 | methodology or methodologies may establish a
single rate to be | ||||||
13 | paid by all the agencies, or a separate rate to be paid
by each | ||||||
14 | agency, or separate components to be paid to
different parts of | ||||||
15 | the campus facility. All campus facilities shall
receive the | ||||||
16 | same rate of payment for similar services. Any methodology
| ||||||
17 | developed pursuant to this section shall take into account the | ||||||
18 | actual costs
to the facility of providing services to | ||||||
19 | residents, and shall be adequate
to reimburse the allowable | ||||||
20 | costs of a campus facility which is economically
and | ||||||
21 | efficiently operated. Any methodology shall be established on | ||||||
22 | the
basis of historical, financial, and statistical data | ||||||
23 | submitted by campus
facilities, and shall take into account the | ||||||
24 | actual costs incurred by campus
facilities in providing | ||||||
25 | services, and in meeting licensing and
certification standards | ||||||
26 | imposed and prescribed by the State of Illinois,
any of its |
| |||||||
| |||||||
1 | political subdivisions or municipalities and by the United
| ||||||
2 | States Department of Health and Human Services. Rates may be | ||||||
3 | established
on a prospective or retrospective basis. Any | ||||||
4 | methodology shall provide
reimbursement for appropriate | ||||||
5 | payment elements, including the following:
standard services, | ||||||
6 | patient services, real estate taxes, and capital costs.
| ||||||
7 | (Source: P.A. 89-507, eff. 7-1-97; revised 12-15-05.)
| ||||||
8 | (305 ILCS 5/5-5.23)
| ||||||
9 | Sec. 5-5.23. Children's mental health services.
| ||||||
10 | (a) The Department of Healthcare and Family Services
Public | ||||||
11 | Aid , by rule, shall require the screening and
assessment of
a | ||||||
12 | child prior to any Medicaid-funded admission to an inpatient | ||||||
13 | hospital for
psychiatric
services to be funded by Medicaid. The | ||||||
14 | screening and assessment shall include a
determination of the | ||||||
15 | appropriateness and availability of out-patient support
| ||||||
16 | services
for necessary treatment. The Department, by rule, | ||||||
17 | shall establish methods and
standards of payment for the | ||||||
18 | screening, assessment, and necessary alternative
support
| ||||||
19 | services.
| ||||||
20 | (b) The Department of Healthcare and Family Services
Public | ||||||
21 | Aid , to the extent allowable under federal law,
shall secure | ||||||
22 | federal financial participation for Individual Care Grant
| ||||||
23 | expenditures made
by the Department of Human Services for the | ||||||
24 | Medicaid optional service
authorized under
Section 1905(h) of | ||||||
25 | the federal Social Security Act, pursuant to the provisions
of |
| |||||||
| |||||||
1 | Section
7.1 of the Mental Health and Developmental Disabilities | ||||||
2 | Administrative Act.
| ||||||
3 | (c) The Department of Healthcare and Family Services
Public | ||||||
4 | Aid shall work jointly with the Department of
Human Services to | ||||||
5 | implement subsections (a) and (b).
| ||||||
6 | (Source: P.A. 93-495, eff. 8-8-03; revised 12-15-05.)
| ||||||
7 | (305 ILCS 5/5-5.24)
| ||||||
8 | Sec. 5-5.24
5-5.23 . Prenatal and perinatal care. The | ||||||
9 | Department of
Healthcare and Family Services
Public Aid may | ||||||
10 | provide reimbursement under this Article for all prenatal and
| ||||||
11 | perinatal health care services that are provided for the | ||||||
12 | purpose of preventing
low-birthweight infants, reducing the | ||||||
13 | need for neonatal intensive care hospital
services, and | ||||||
14 | promoting perinatal health. These services may include
| ||||||
15 | comprehensive risk assessments for pregnant women, women with | ||||||
16 | infants, and
infants, lactation counseling, nutrition | ||||||
17 | counseling, childbirth support,
psychosocial counseling, | ||||||
18 | treatment and prevention of periodontal disease, and
other | ||||||
19 | support
services
that have been proven to improve birth | ||||||
20 | outcomes.
The Department
shall
maximize the use of preventive | ||||||
21 | prenatal and perinatal health care services
consistent with
| ||||||
22 | federal statutes, rules, and regulations.
The Department of | ||||||
23 | Public Aid (now Department of Healthcare and Family Services)
| ||||||
24 | shall develop a plan for prenatal and perinatal preventive
| ||||||
25 | health care and
shall present the plan to the General Assembly |
| |||||||
| |||||||
1 | by January 1, 2004.
On or before January 1, 2006 and
every 2 | ||||||
2 | years
thereafter, the Department shall report to the General | ||||||
3 | Assembly concerning the
effectiveness of prenatal and | ||||||
4 | perinatal health care services reimbursed under
this Section
in | ||||||
5 | preventing low-birthweight infants and reducing the need for | ||||||
6 | neonatal
intensive care
hospital services. Each such report | ||||||
7 | shall include an evaluation of how the
ratio of
expenditures | ||||||
8 | for treating
low-birthweight infants compared with the | ||||||
9 | investment in promoting healthy
births and
infants in local | ||||||
10 | community areas throughout Illinois relates to healthy infant
| ||||||
11 | development
in those areas.
| ||||||
12 | (Source: P.A. 93-536, eff. 8-18-03; revised 12-15-05.)
| ||||||
13 | (305 ILCS 5/5-5d)
| ||||||
14 | Sec. 5-5d. Enhanced transition and follow-up services. The | ||||||
15 | Department of Healthcare and Family Services
Public Aid shall | ||||||
16 | apply for any necessary waivers pursuant to Section 1915(c) of | ||||||
17 | the Social Security Act to facilitate the transition from one | ||||||
18 | residential setting to another and follow-up services. Nothing | ||||||
19 | in this Section shall be construed considered as limiting | ||||||
20 | current similar programs by the Department of Human Services or | ||||||
21 | the Department on Aging.
| ||||||
22 | (Source: P.A. 93-902, eff. 8-10-04; 93-1031, eff. 8-27-04; | ||||||
23 | revised 12-15-05.)
| ||||||
24 | (305 ILCS 5/5-9) (from Ch. 23, par. 5-9)
|
| |||||||
| |||||||
1 | Sec. 5-9. Choice of Medical Dispensers. Applicants and | ||||||
2 | recipients shall
be entitled to free choice of those qualified | ||||||
3 | practitioners, hospitals,
nursing homes, and other dispensers | ||||||
4 | of medical services meeting the
requirements and complying with | ||||||
5 | the rules and regulations of the Illinois
Department. However, | ||||||
6 | the Director of Healthcare and Family Services
Public Aid may, | ||||||
7 | after providing
reasonable notice and opportunity for hearing, | ||||||
8 | deny, suspend or terminate
any otherwise qualified person, | ||||||
9 | firm, corporation, association, agency,
institution, or other | ||||||
10 | legal entity, from participation as a vendor of goods
or | ||||||
11 | services under the medical assistance program authorized by | ||||||
12 | this Article
if the Director finds such vendor of medical | ||||||
13 | services in violation of this
Act or the policy or rules and | ||||||
14 | regulations issued pursuant to this Act. Any
physician who has | ||||||
15 | been convicted of performing an abortion procedure in a
wilful | ||||||
16 | and wanton manner upon a woman who was not pregnant at the time | ||||||
17 | such
abortion procedure was performed shall be automatically | ||||||
18 | removed from the
list of physicians qualified to participate as | ||||||
19 | a vendor of medical services
under the medical assistance | ||||||
20 | program authorized by this Article.
| ||||||
21 | (Source: P.A. 82-263; revised 12-15-05.)
| ||||||
22 | (305 ILCS 5/5-11) (from Ch. 23, par. 5-11)
| ||||||
23 | Sec. 5-11. Co-operative arrangements; contracts with other | ||||||
24 | State
agencies, health care and rehabilitation organizations, | ||||||
25 | and fiscal
intermediaries.
|
| |||||||
| |||||||
1 | (a) The Illinois Department may enter into co-operative | ||||||
2 | arrangements
with
State agencies responsible for administering | ||||||
3 | or supervising the
administration of health services and | ||||||
4 | vocational rehabilitation services to
the end that there may be | ||||||
5 | maximum utilization of such services in the
provision of | ||||||
6 | medical assistance.
| ||||||
7 | The Illinois Department shall, not later than June 30, | ||||||
8 | 1993, enter into
one or more co-operative arrangements with the | ||||||
9 | Department of Mental Health
and Developmental Disabilities | ||||||
10 | providing that the Department of Mental
Health and | ||||||
11 | Developmental Disabilities will be responsible for | ||||||
12 | administering
or supervising all programs for services to | ||||||
13 | persons in community care
facilities for persons with | ||||||
14 | developmental disabilities, including but not
limited to | ||||||
15 | intermediate care facilities, that are supported by State funds | ||||||
16 | or
by funding under Title XIX of the federal Social Security | ||||||
17 | Act. The
responsibilities of the Department of Mental Health | ||||||
18 | and Developmental
Disabilities under these agreements are | ||||||
19 | transferred to the Department of
Human Services as provided in | ||||||
20 | the Department of Human Services Act.
| ||||||
21 | The Department may also contract with such State health and
| ||||||
22 | rehabilitation agencies and other public or private health care | ||||||
23 | and
rehabilitation organizations to act for it in supplying | ||||||
24 | designated medical
services to persons eligible therefor under | ||||||
25 | this Article. Any contracts
with health services or health | ||||||
26 | maintenance organizations shall be
restricted to organizations |
| |||||||
| |||||||
1 | which have been certified as being in
compliance with standards | ||||||
2 | promulgated pursuant to the laws of this State
governing the | ||||||
3 | establishment and operation of health services or health
| ||||||
4 | maintenance organizations. The Department shall renegotiate | ||||||
5 | the contracts with health maintenance organizations and | ||||||
6 | managed care community
networks that took effect August 1, | ||||||
7 | 2003, so as to produce $70,000,000 savings to the Department | ||||||
8 | net of resulting increases to the fee-for-service program for | ||||||
9 | State fiscal year 2006. The Department may also contract with | ||||||
10 | insurance
companies or other corporate entities serving as | ||||||
11 | fiscal intermediaries in
this State for the Federal Government | ||||||
12 | in respect to Medicare payments under
Title XVIII of the | ||||||
13 | Federal Social Security Act to act for the Department in
paying | ||||||
14 | medical care suppliers. The provisions of Section 9 of "An Act | ||||||
15 | in
relation to State finance", approved June 10, 1919, as | ||||||
16 | amended,
notwithstanding, such contracts with State agencies, | ||||||
17 | other health care and
rehabilitation organizations, or fiscal | ||||||
18 | intermediaries may provide for
advance payments.
| ||||||
19 | (b) For purposes of this subsection (b), "managed care | ||||||
20 | community
network" means an entity, other than a health | ||||||
21 | maintenance organization, that
is owned, operated, or governed | ||||||
22 | by providers of health care services within
this State and that | ||||||
23 | provides or arranges primary, secondary, and tertiary
managed | ||||||
24 | health care services under contract with the Illinois | ||||||
25 | Department
exclusively to persons participating in programs | ||||||
26 | administered by the Illinois
Department.
|
| |||||||
| |||||||
1 | The Illinois Department may certify managed care community
| ||||||
2 | networks, including managed care community networks owned, | ||||||
3 | operated, managed,
or
governed by State-funded medical | ||||||
4 | schools, as risk-bearing entities eligible to
contract with the | ||||||
5 | Illinois Department as Medicaid managed care
organizations. | ||||||
6 | The Illinois Department may contract with those managed
care | ||||||
7 | community networks to furnish health care services to or | ||||||
8 | arrange those
services for individuals participating in | ||||||
9 | programs administered by the Illinois
Department. The rates for | ||||||
10 | those provider-sponsored organizations may be
determined on a | ||||||
11 | prepaid, capitated basis. A managed care community
network may | ||||||
12 | choose to contract with the Illinois Department to provide only
| ||||||
13 | pediatric
health care services.
The
Illinois Department shall | ||||||
14 | by rule adopt the criteria, standards, and procedures
by
which | ||||||
15 | a managed care community network may be permitted to contract | ||||||
16 | with
the Illinois Department and shall consult with the | ||||||
17 | Department of Insurance in
adopting these rules.
| ||||||
18 | A county provider as defined in Section 15-1 of this Code | ||||||
19 | may
contract with the Illinois Department to provide primary, | ||||||
20 | secondary, or
tertiary managed health care services as a | ||||||
21 | managed care
community network without the need to establish a | ||||||
22 | separate entity and shall
be deemed a managed care community | ||||||
23 | network for purposes of this Code
only to the extent it | ||||||
24 | provides services to participating individuals. A county
| ||||||
25 | provider is entitled to contract with the Illinois Department | ||||||
26 | with respect to
any contracting region located in whole or in |
| |||||||
| |||||||
1 | part within the county. A
county provider is not required to | ||||||
2 | accept enrollees who do not reside within
the county.
| ||||||
3 | In order
to (i) accelerate and facilitate the development | ||||||
4 | of integrated health care in
contracting areas outside counties | ||||||
5 | with populations in excess of 3,000,000 and
counties adjacent | ||||||
6 | to those counties and (ii) maintain and sustain the high
| ||||||
7 | quality of education and residency programs coordinated and | ||||||
8 | associated with
local area hospitals, the Illinois Department | ||||||
9 | may develop and implement a
demonstration program from managed | ||||||
10 | care community networks owned, operated,
managed, or
governed | ||||||
11 | by State-funded medical schools. The Illinois Department shall
| ||||||
12 | prescribe by rule the criteria, standards, and procedures for | ||||||
13 | effecting this
demonstration program.
| ||||||
14 | A managed care community network that
contracts with the | ||||||
15 | Illinois Department to furnish health care services to or
| ||||||
16 | arrange those services for enrollees participating in programs | ||||||
17 | administered by
the Illinois Department shall do all of the | ||||||
18 | following:
| ||||||
19 | (1) Provide that any provider affiliated with the | ||||||
20 | managed care community
network may also provide services on | ||||||
21 | a
fee-for-service basis to Illinois Department clients not | ||||||
22 | enrolled in such
managed care entities.
| ||||||
23 | (2) Provide client education services as determined | ||||||
24 | and approved by the
Illinois Department, including but not | ||||||
25 | limited to (i) education regarding
appropriate utilization | ||||||
26 | of health care services in a managed care system, (ii)
|
| |||||||
| |||||||
1 | written disclosure of treatment policies and restrictions | ||||||
2 | or limitations on
health services, including, but not | ||||||
3 | limited to, physical services, clinical
laboratory tests, | ||||||
4 | hospital and surgical procedures, prescription drugs and
| ||||||
5 | biologics, and radiological examinations, and (iii) | ||||||
6 | written notice that the
enrollee may receive from another | ||||||
7 | provider those covered services that are not
provided by | ||||||
8 | the managed care community network.
| ||||||
9 | (3) Provide that enrollees within the system may choose | ||||||
10 | the site for
provision of services and the panel of health | ||||||
11 | care providers.
| ||||||
12 | (4) Not discriminate in enrollment or disenrollment | ||||||
13 | practices among
recipients of medical services or | ||||||
14 | enrollees based on health status.
| ||||||
15 | (5) Provide a quality assurance and utilization review | ||||||
16 | program that
meets
the requirements established by the | ||||||
17 | Illinois Department in rules that
incorporate those | ||||||
18 | standards set forth in the Health Maintenance Organization
| ||||||
19 | Act.
| ||||||
20 | (6) Issue a managed care community network
| ||||||
21 | identification card to each enrollee upon enrollment. The | ||||||
22 | card
must contain all of the following:
| ||||||
23 | (A) The enrollee's health plan.
| ||||||
24 | (B) The name and telephone number of the enrollee's | ||||||
25 | primary care
physician or the site for receiving | ||||||
26 | primary care services.
|
| |||||||
| |||||||
1 | (C) A telephone number to be used to confirm | ||||||
2 | eligibility for benefits
and authorization for | ||||||
3 | services that is available 24 hours per day, 7 days per
| ||||||
4 | week.
| ||||||
5 | (7) Ensure that every primary care physician and | ||||||
6 | pharmacy in the managed
care community network meets the | ||||||
7 | standards
established by the Illinois Department for | ||||||
8 | accessibility and quality of care.
The Illinois Department | ||||||
9 | shall arrange for and oversee an evaluation of the
| ||||||
10 | standards established under this paragraph (7) and may | ||||||
11 | recommend any necessary
changes to these standards.
| ||||||
12 | (8) Provide a procedure for handling complaints that
| ||||||
13 | meets the
requirements established by the Illinois | ||||||
14 | Department in rules that incorporate
those standards set | ||||||
15 | forth in the Health Maintenance Organization Act.
| ||||||
16 | (9) Maintain, retain, and make available to the | ||||||
17 | Illinois Department
records, data, and information, in a | ||||||
18 | uniform manner determined by the Illinois
Department, | ||||||
19 | sufficient for the Illinois Department to monitor | ||||||
20 | utilization,
accessibility, and quality of care.
| ||||||
21 | (10) Provide that the pharmacy formulary used by the | ||||||
22 | managed care
community
network and its contract providers | ||||||
23 | be no
more restrictive than the Illinois Department's | ||||||
24 | pharmaceutical program on the
effective date of this | ||||||
25 | amendatory Act of 1998 and as amended after that date.
| ||||||
26 | The Illinois Department shall contract with an entity or |
| |||||||
| |||||||
1 | entities to provide
external peer-based quality assurance | ||||||
2 | review for the managed health care
programs administered by the | ||||||
3 | Illinois Department. The entity shall be
representative of | ||||||
4 | Illinois physicians licensed to practice medicine in all its
| ||||||
5 | branches and have statewide geographic representation in all | ||||||
6 | specialities of
medical care that are provided in managed | ||||||
7 | health care programs administered by
the Illinois Department. | ||||||
8 | The entity may not be a third party payer and shall
maintain | ||||||
9 | offices in locations around the State in order to provide | ||||||
10 | service and
continuing medical education to physician | ||||||
11 | participants within those managed
health care programs | ||||||
12 | administered by the Illinois Department. The review
process | ||||||
13 | shall be developed and conducted by Illinois physicians | ||||||
14 | licensed to
practice medicine in all its branches. In | ||||||
15 | consultation with the entity, the
Illinois Department may | ||||||
16 | contract with other entities for professional
peer-based | ||||||
17 | quality assurance review of individual
categories of services | ||||||
18 | other than services provided, supervised, or coordinated
by | ||||||
19 | physicians licensed to practice medicine in all its branches. | ||||||
20 | The Illinois
Department shall establish, by rule, criteria to | ||||||
21 | avoid conflicts of interest in
the conduct of quality assurance | ||||||
22 | activities consistent with professional
peer-review standards. | ||||||
23 | All quality assurance activities shall be coordinated
by the | ||||||
24 | Illinois Department.
| ||||||
25 | Each managed care community network must demonstrate its | ||||||
26 | ability to
bear the financial risk of serving individuals under |
| |||||||
| |||||||
1 | this program.
The Illinois Department shall by rule adopt | ||||||
2 | standards for assessing the
solvency and financial soundness of | ||||||
3 | each managed care community network.
Any solvency and financial | ||||||
4 | standards adopted for managed care community
networks
shall be | ||||||
5 | no more restrictive than the solvency and financial standards | ||||||
6 | adopted
under
Section 1856(a) of the Social Security Act for | ||||||
7 | provider-sponsored
organizations under Part C of Title XVIII of | ||||||
8 | the Social Security Act.
| ||||||
9 | The Illinois
Department may implement the amendatory | ||||||
10 | changes to this
Code made by this amendatory Act of 1998 | ||||||
11 | through the use of emergency
rules in accordance with Section | ||||||
12 | 5-45 of the Illinois Administrative Procedure
Act. For purposes | ||||||
13 | of that Act, the adoption of rules to implement these
changes | ||||||
14 | is deemed an emergency and necessary for the public interest,
| ||||||
15 | safety, and welfare.
| ||||||
16 | (c) Not later than June 30, 1996, the Illinois Department | ||||||
17 | shall
enter into one or more cooperative arrangements with the | ||||||
18 | Department of Public
Health for the purpose of developing a | ||||||
19 | single survey for
nursing facilities, including but not limited | ||||||
20 | to facilities funded under Title
XVIII or Title XIX of the | ||||||
21 | federal Social Security Act or both, which shall be
| ||||||
22 | administered and conducted solely by the Department of Public | ||||||
23 | Health.
The Departments shall test the single survey process on | ||||||
24 | a pilot basis, with
both the Departments of Public Aid and | ||||||
25 | Public Health represented on the
consolidated survey team. The | ||||||
26 | pilot will sunset June 30, 1997. After June 30,
1997, unless |
| |||||||
| |||||||
1 | otherwise determined by the Governor, a single survey shall be
| ||||||
2 | implemented by the Department of Public Health which would not | ||||||
3 | preclude staff
from the Department of Healthcare and Family | ||||||
4 | Services (formerly Department of Public Aid ) from going on-site | ||||||
5 | to nursing facilities to
perform necessary audits and reviews | ||||||
6 | which shall not replicate the single State
agency survey | ||||||
7 | required by this Act. This Section shall not apply to community
| ||||||
8 | or intermediate care facilities for persons with developmental | ||||||
9 | disabilities.
| ||||||
10 | (d) Nothing in this Code in any way limits or otherwise | ||||||
11 | impairs the
authority or power of the Illinois Department to | ||||||
12 | enter into a negotiated
contract pursuant to this Section with | ||||||
13 | a managed care community network or
a health maintenance | ||||||
14 | organization, as defined in the Health Maintenance
| ||||||
15 | Organization Act, that provides for
termination or nonrenewal | ||||||
16 | of the contract without cause, upon notice as
provided in the | ||||||
17 | contract, and without a hearing.
| ||||||
18 | (Source: P.A. 94-48, eff. 7-1-05; revised 12-15-05.)
| ||||||
19 | (305 ILCS 5/5-11.1)
| ||||||
20 | Sec. 5-11.1. Cooperative arrangements; contracts. The | ||||||
21 | Illinois Department
may enter into cooperative
arrangements | ||||||
22 | with
State agencies responsible for administering or | ||||||
23 | supervising the
administration of health services and | ||||||
24 | vocational rehabilitation services to
maximize utilization of | ||||||
25 | these services in the provision of medical assistance.
|
| |||||||
| |||||||
1 | The Illinois Department shall, not later than June 30, | ||||||
2 | 1994, enter into
one or more cooperative arrangements with the | ||||||
3 | Department of Mental Health
and Developmental Disabilities | ||||||
4 | providing that the Department of Mental
Health and | ||||||
5 | Developmental Disabilities will be responsible for | ||||||
6 | administering
or supervising all programs for services to | ||||||
7 | persons in community care
facilities for persons with mental | ||||||
8 | illness, including but not limited to
intermediate care | ||||||
9 | facilities, that are supported by State funds or by funding
| ||||||
10 | under Title XIX of the federal Social Security Act.
The | ||||||
11 | responsibilities of the Department of Mental Health and | ||||||
12 | Developmental
Disabilities under these agreements are | ||||||
13 | transferred to the Department of
Human Services as provided in | ||||||
14 | the Department of Human Services Act.
| ||||||
15 | The Department may also contract with State health and | ||||||
16 | rehabilitation
agencies and other public or private health care | ||||||
17 | and rehabilitation
organizations to act for it in supplying | ||||||
18 | designated medical services to persons
eligible under this | ||||||
19 | Section. Any contracts with health services or health
| ||||||
20 | maintenance organizations shall be restricted to organizations | ||||||
21 | which have been
certified as being in compliance with standards | ||||||
22 | promulgated under the laws of
this State governing the | ||||||
23 | establishment and operation of health services or
health | ||||||
24 | maintenance organizations. The Department may also contract | ||||||
25 | with
insurance companies or other corporate entities serving as | ||||||
26 | fiscal
intermediaries in this State for the federal government |
| |||||||
| |||||||
1 | in respect to Medicare
payments under Title XVIII of the | ||||||
2 | federal Social Security Act to act for the
Department in paying | ||||||
3 | medical care suppliers. Nothing in this Section shall be
| ||||||
4 | construed to abrogate any existing doctor/patient | ||||||
5 | relationships with Illinois
Department of Healthcare and | ||||||
6 | Family Services
Public Aid recipients or the free choice of | ||||||
7 | clients or their
guardians to select a physician to provide | ||||||
8 | medical care. The provisions of
Section 9 of the State Finance | ||||||
9 | Act notwithstanding, such contracts with State
agencies, other | ||||||
10 | health care and rehabilitation organizations, or fiscal
| ||||||
11 | intermediaries may provide for advance payments.
| ||||||
12 | (Source: P.A. 91-357, eff. 7-29-99; revised 12-15-05.)
| ||||||
13 | (305 ILCS 5/5-16.1) (from Ch. 23, par. 5-16.1)
| ||||||
14 | Sec. 5-16.1. Case Management Services. The Illinois | ||||||
15 | Department may
develop, implement and evaluate a Case | ||||||
16 | Management Services Program which
provides services consistent | ||||||
17 | with the provisions of this Section, and the
Inter-Agency | ||||||
18 | Agreement between the Department of Healthcare and Family | ||||||
19 | Services (formerly Department of Public Aid ) and the
Department | ||||||
20 | of Public Health, for a targeted population on a less than
| ||||||
21 | Statewide basis in the State of Illinois. The purpose of this | ||||||
22 | Case
Management Services Program shall be to assist eligible | ||||||
23 | participants in
gaining access to needed medical, social, | ||||||
24 | educational and other services
thereby reducing the likelihood | ||||||
25 | of long-term welfare dependency. The Case
Management Services |
| |||||||
| |||||||
1 | Program shall have the following characteristics:
| ||||||
2 | (a) It shall be conducted for a period of no less than | ||||||
3 | 5 consecutive
fiscal years in one urban area containing a | ||||||
4 | high proportion, as determined
by Department of Healthcare | ||||||
5 | and Family Services
Public Aid and Department of Public | ||||||
6 | Health records, of
Medicaid eligible pregnant or parenting | ||||||
7 | girls under 17 years of age at the
time of the initial | ||||||
8 | assessment and in one rural area containing a high
| ||||||
9 | proportion, as determined by Department of Healthcare and | ||||||
10 | Family Services
Public Aid and Department of
Public Health | ||||||
11 | records, of Medicaid eligible pregnant or parenting girls
| ||||||
12 | under 17 years of age at the time of the initial | ||||||
13 | assessment.
| ||||||
14 | (b) Providers participating in the program shall be | ||||||
15 | paid an amount per
patient per month, to be set by the | ||||||
16 | Illinois Department, for the case
management services | ||||||
17 | provided.
| ||||||
18 | (c) Providers eligible to participate in the program | ||||||
19 | shall be nurses or
social workers, licensed to practice in | ||||||
20 | Illinois, who comply with the rules
and regulations | ||||||
21 | established by the Illinois Department and the | ||||||
22 | Inter-Agency
Agreement between the Department of | ||||||
23 | Healthcare and Family Services (formerly Department of | ||||||
24 | Public Aid ) and the Department of Public
Health. The | ||||||
25 | Illinois Department may terminate a provider's | ||||||
26 | participation
in the program if the provider is determined |
| |||||||
| |||||||
1 | to have failed to comply with
any applicable program | ||||||
2 | standard or procedure established by the Illinois
| ||||||
3 | Department.
| ||||||
4 | (d) Each eligible participant in an area where the Case | ||||||
5 | Management
Services Program is being conducted may | ||||||
6 | voluntarily designate a case
manager, of her own choosing | ||||||
7 | to assume responsibility for her care.
| ||||||
8 | (e) A participant may change her designated case | ||||||
9 | manager provided that
she informs the Illinois Department | ||||||
10 | by the 20th day of the month in order
for the change to be | ||||||
11 | effective in the following month.
| ||||||
12 | (f) The Illinois Department shall, by rule, establish | ||||||
13 | procedures for
providing case management services when the | ||||||
14 | designated source becomes
unavailable or wishes to | ||||||
15 | withdraw from any obligation as case management
services | ||||||
16 | provider.
| ||||||
17 | (g) In accordance with rules adopted by the Illinois | ||||||
18 | Department, a
participant may discontinue participation in | ||||||
19 | the program upon timely notice
to the Illinois Department, | ||||||
20 | in which case the participant shall remain
eligible for | ||||||
21 | assistance under all applicable provisions of Article V of
| ||||||
22 | this Code.
| ||||||
23 | The Illinois Department shall take any necessary steps to | ||||||
24 | obtain
authorization or waiver under federal law to implement a | ||||||
25 | Case Management
Services Program. Participation shall be | ||||||
26 | voluntary for the provider and
the recipient.
|
| |||||||
| |||||||
1 | (Source: P.A. 87-685; revised 12-15-05.)
| ||||||
2 | (305 ILCS 5/5-16.4)
| ||||||
3 | Sec. 5-16.4. Medical Assistance Provider Payment Fund.
| ||||||
4 | (a) There is created in the State treasury the Medical | ||||||
5 | Assistance Provider
Payment
Fund. Interest earned by the Fund | ||||||
6 | shall be credited to the Fund.
| ||||||
7 | (b) The Fund is created for the purpose of disbursing | ||||||
8 | moneys as follows:
| ||||||
9 | (1) For medical services provided to recipients of aid | ||||||
10 | under Articles V,
VI, and XII.
| ||||||
11 | (2) For payment of administrative expenses incurred by | ||||||
12 | the Illinois
Department or its agent in performing the | ||||||
13 | activities authorized by this
Section.
| ||||||
14 | (3) For making transfers to the General Obligation Bond | ||||||
15 | Retirement and
Interest Fund, as those transfers are | ||||||
16 | authorized in the proceedings authorizing
debt under the | ||||||
17 | Medicaid Liability Liquidity Borrowing Act, but transfers | ||||||
18 | made
under this paragraph (3) may not exceed the principal | ||||||
19 | amount of debt issued
under that Act.
| ||||||
20 | Disbursements from the Fund, other than transfers to the | ||||||
21 | General Obligation
Bond Retirement and Interest Fund (which | ||||||
22 | shall be made in accordance with the
provisions of the Medicaid | ||||||
23 | Liability Liquidity Borrowing Act), shall be by
warrants drawn | ||||||
24 | by the State Comptroller upon receipt of vouchers duly executed
| ||||||
25 | and certified by the Illinois Department.
|
| |||||||
| |||||||
1 | (c) The Fund shall consist of the following:
| ||||||
2 | (1) All federal matching funds received by the
Illinois | ||||||
3 | Department as a result of expenditures made by the Illinois | ||||||
4 | Department
that are attributable to moneys deposited into | ||||||
5 | the Fund.
| ||||||
6 | (2) Proceeds from any short-term borrowing directed to | ||||||
7 | the Fund by the
Governor pursuant to the Medicaid
Liability | ||||||
8 | Liquidity Borrowing Act.
| ||||||
9 | (3) Amounts transferred into the Fund under subsection | ||||||
10 | (d) of this
Section.
| ||||||
11 | (4) All other moneys received for the Fund from any | ||||||
12 | other source,
including interest earned on those moneys.
| ||||||
13 | (d) Beginning July 1, 1995, on the 13th and 26th days of | ||||||
14 | each month the
State
Comptroller and Treasurer shall transfer | ||||||
15 | from the General Revenue Fund to the
Medical Assistance | ||||||
16 | Provider Payment Fund an amount equal to 1/48th of the
annual | ||||||
17 | Medical
Assistance appropriation to
the Department of | ||||||
18 | Healthcare and Family Services (formerly Illinois Department | ||||||
19 | of Public Aid ) from the Medical Assistance Provider
Payment | ||||||
20 | Fund,
plus cumulative deficiencies from those prior transfers. | ||||||
21 | In addition to those
transfers, the State Comptroller and | ||||||
22 | Treasurer
may transfer from the General Revenue Fund to the | ||||||
23 | Medical Assistance Provider
Payment
Fund as much as is | ||||||
24 | necessary to pay claims pursuant to the
new twice-monthly | ||||||
25 | payment schedule established in Section 5-16.5 and to avoid
| ||||||
26 | interest liabilities under the State Prompt Payment Act. No |
| |||||||
| |||||||
1 | transfers made
pursuant to this subsection shall interfere with | ||||||
2 | the timely payment of the
general State aid payment made | ||||||
3 | pursuant to Section 18-11 of the School Code.
| ||||||
4 | (Source: P.A. 88-554, eff. 7-26-94; revised 12-15-05.)
| ||||||
5 | (305 ILCS 5/5-16.8)
| ||||||
6 | Sec. 5-16.8. Required health benefits. The medical | ||||||
7 | assistance program
shall
(i) provide the post-mastectomy care | ||||||
8 | benefits required to be covered by a policy of
accident and | ||||||
9 | health insurance under Section 356t and the coverage required
| ||||||
10 | under Sections 356u, 356w, 356x, and 356z.6 of the Illinois
| ||||||
11 | Insurance Code and (ii) be subject to the provisions of Section | ||||||
12 | 364.01 of the Illinois
Insurance Code.
| ||||||
13 | (Source: P.A. 93-853, eff. 1-1-05; 93-1000, eff. 1-1-05; | ||||||
14 | revised 10-14-04.)
| ||||||
15 | (305 ILCS 5/5-21)
| ||||||
16 | Sec. 5-21. Immunization. By July 1, 1994, the Illinois | ||||||
17 | Department shall,
in cooperation with the Department of Public | ||||||
18 | Health, establish and implement a
pilot program that will | ||||||
19 | provide immunization services for children on a walk-in
basis | ||||||
20 | at local public aid offices. The Director shall determine the | ||||||
21 | number and
location of the local public aid offices that will | ||||||
22 | participate in the pilot
program. The Illinois Department shall | ||||||
23 | submit a report on the effectiveness
of the program to the | ||||||
24 | General Assembly on or before December 31, 1995.
The Department |
| |||||||
| |||||||
1 | of Healthcare and Family Services (formerly Department of | ||||||
2 | Public Aid ) and the Department of Human Services, in
| ||||||
3 | cooperation with the Department of Public Health, shall | ||||||
4 | continue to implement
the pilot program after the effective | ||||||
5 | date of this amendatory Act of 1996.
| ||||||
6 | (Source: P.A. 88-493; 88-670, eff. 12-2-94; 89-507, eff. | ||||||
7 | 7-1-97; revised 12-15-05.)
| ||||||
8 | (305 ILCS 5/5-24)
| ||||||
9 | (Section scheduled to be repealed on January 1, 2014)
| ||||||
10 | Sec. 5-24. Disease management programs and services for
| ||||||
11 | chronic conditions; pilot project.
| ||||||
12 | (a) In this Section, "disease management programs and
| ||||||
13 | services" means services administered to patients in order to | ||||||
14 | improve
their overall health and to prevent clinical | ||||||
15 | exacerbations and
complications, using cost-effective, | ||||||
16 | evidence-based practice
guidelines and patient self-management | ||||||
17 | strategies. Disease
management programs and services include | ||||||
18 | all of the following:
| ||||||
19 | (1) A population identification process.
| ||||||
20 | (2) Evidence-based or consensus-based clinical | ||||||
21 | practice
guidelines, risk identification, and matching of | ||||||
22 | interventions with
clinical need.
| ||||||
23 | (3) Patient self-management and disease education.
| ||||||
24 | (4) Process and outcomes measurement, evaluation, | ||||||
25 | management, and
reporting.
|
| |||||||
| |||||||
1 | (b) Subject to appropriations, the Department of | ||||||
2 | Healthcare and Family Services
Public Aid may
undertake a pilot | ||||||
3 | project to study patient outcomes, for patients with chronic
| ||||||
4 | diseases, associated with the use of disease management | ||||||
5 | programs and services
for chronic condition management. | ||||||
6 | "Chronic diseases" include, but are not
limited to, diabetes, | ||||||
7 | congestive heart failure, and chronic obstructive
pulmonary | ||||||
8 | disease.
| ||||||
9 | (c) The disease management programs and services pilot
| ||||||
10 | project shall examine whether chronic disease management | ||||||
11 | programs and
services for patients with specific chronic | ||||||
12 | conditions do any or all
of the following:
| ||||||
13 | (1) Improve the patient's overall health in a more | ||||||
14 | expeditious
manner.
| ||||||
15 | (2) Lower costs in other aspects of the medical | ||||||
16 | assistance program, such
as hospital admissions, days in | ||||||
17 | skilled nursing homes, emergency room
visits, or more | ||||||
18 | frequent physician office visits.
| ||||||
19 | (d) In carrying out the pilot project, the Department of | ||||||
20 | Healthcare and Family Services
Public Aid shall
examine all | ||||||
21 | relevant scientific literature and shall consult with
health | ||||||
22 | care practitioners including, but not limited to, physicians,
| ||||||
23 | surgeons, registered pharmacists, and registered nurses.
| ||||||
24 | (e) The Department of Healthcare and Family Services
Public | ||||||
25 | Aid shall consult with medical experts,
disease advocacy | ||||||
26 | groups, and academic institutions to develop criteria
to be |
| |||||||
| |||||||
1 | used in selecting a vendor for the pilot project.
| ||||||
2 | (f) The Department of Healthcare and Family Services
Public | ||||||
3 | Aid may adopt rules to implement this
Section.
| ||||||
4 | (g) This Section is repealed 10 years after the effective | ||||||
5 | date of this
amendatory Act of the 93rd General Assembly.
| ||||||
6 | (Source: P.A. 93-518, eff. 1-1-04; revised 12-15-05.)
| ||||||
7 | (305 ILCS 5/5A-4) (from Ch. 23, par. 5A-4) | ||||||
8 | Sec. 5A-4. Payment of assessment; penalty.
| ||||||
9 | (a) The annual assessment imposed by Section 5A-2 for State | ||||||
10 | fiscal year
2004
shall be due
and payable on June 18 of
the
| ||||||
11 | year.
The assessment imposed by Section 5A-2 for State fiscal | ||||||
12 | year 2005
shall be
due and payable in quarterly installments, | ||||||
13 | each equalling one-fourth of the
assessment for the year, on | ||||||
14 | July 19, October 19, January 18, and April 19 of
the year. The | ||||||
15 | assessment imposed by Section 5A-2 for State fiscal year 2006 | ||||||
16 | and each subsequent State fiscal year shall be due and payable | ||||||
17 | in quarterly installments, each equaling one-fourth of the | ||||||
18 | assessment for the year, on the fourteenth State business day | ||||||
19 | of September, December, March, and May.
No installment payment | ||||||
20 | of an assessment imposed by Section 5A-2 shall be due
and
| ||||||
21 | payable, however, until after: (i) the hospital provider
| ||||||
22 | receives written
notice from the Department of Healthcare and | ||||||
23 | Family Services (formerly Department of Public Aid ) that the | ||||||
24 | payment methodologies to
hospitals
required under
Section | ||||||
25 | 5A-12 or Section 5A-12.1, whichever is applicable for that |
| |||||||
| |||||||
1 | fiscal year, have been approved by the Centers for Medicare and | ||||||
2 | Medicaid
Services of
the U.S. Department of Health and Human | ||||||
3 | Services and the waiver under 42 CFR
433.68 for the assessment | ||||||
4 | imposed by Section 5A-2, if necessary, has been granted by the
| ||||||
5 | Centers for Medicare and Medicaid Services of the U.S. | ||||||
6 | Department of Health and
Human Services; and (ii) the hospital
| ||||||
7 | has
received the payments required under Section 5A-12 or | ||||||
8 | Section 5A-12.1, whichever is applicable for that fiscal year.
| ||||||
9 | Upon notification to the Department of approval of the payment | ||||||
10 | methodologies required under Section 5A-12 or Section 5A-12.1, | ||||||
11 | whichever is applicable for that fiscal year, and the waiver | ||||||
12 | granted under 42 CFR 433.68, all quarterly installments | ||||||
13 | otherwise due under Section 5A-2 prior to the date of | ||||||
14 | notification shall be due and payable to the Department upon | ||||||
15 | written direction from the Department and receipt of the | ||||||
16 | payments required under Section 5A-12.1.
| ||||||
17 | (b) The Illinois Department is authorized to establish
| ||||||
18 | delayed payment schedules for hospital providers that are | ||||||
19 | unable
to make installment payments when due under this Section | ||||||
20 | due to
financial difficulties, as determined by the Illinois | ||||||
21 | Department.
| ||||||
22 | (c) If a hospital provider fails to pay the full amount of
| ||||||
23 | an installment when due (including any extensions granted under
| ||||||
24 | subsection (b)), there shall, unless waived by the Illinois
| ||||||
25 | Department for reasonable cause, be added to the assessment
| ||||||
26 | imposed by Section 5A-2 a penalty
assessment equal to the |
| |||||||
| |||||||
1 | lesser of (i) 5% of the amount of the
installment not paid on | ||||||
2 | or before the due date plus 5% of the
portion thereof remaining | ||||||
3 | unpaid on the last day of each 30-day period
thereafter or (ii) | ||||||
4 | 100% of the installment amount not paid on or
before the due | ||||||
5 | date. For purposes of this subsection, payments
will be | ||||||
6 | credited first to unpaid installment amounts (rather than
to | ||||||
7 | penalty or interest), beginning with the most delinquent
| ||||||
8 | installments.
| ||||||
9 | (Source: P.A. 93-659, eff. 2-3-04; 93-841, eff. 7-30-04; | ||||||
10 | 93-1066, eff. 1-15-05; 94-242, eff. 7-18-05; revised | ||||||
11 | 12-15-05.)
| ||||||
12 | (305 ILCS 5/5A-5) (from Ch. 23, par. 5A-5) | ||||||
13 | Sec. 5A-5. Notice; penalty; maintenance of records.
| ||||||
14 | (a)
The Department of Healthcare and Family Services
Public | ||||||
15 | Aid shall send a
notice of assessment to every hospital | ||||||
16 | provider subject
to assessment under this Article. The notice | ||||||
17 | of assessment shall notify the hospital of its assessment and | ||||||
18 | shall be sent after receipt by the Department of notification | ||||||
19 | from the Centers for Medicare and Medicaid Services of the U.S. | ||||||
20 | Department of Health and Human Services that the payment | ||||||
21 | methodologies required under Section 5A-12 or Section 5A-12.1, | ||||||
22 | whichever is applicable for that fiscal year, and, if | ||||||
23 | necessary, the waiver granted under 42 CFR 433.68 have been | ||||||
24 | approved. The notice
shall be on a form
prepared by the | ||||||
25 | Illinois Department and shall state the following:
|
| |||||||
| |||||||
1 | (1) The name of the hospital provider.
| ||||||
2 | (2) The address of the hospital provider's principal | ||||||
3 | place
of business from which the provider engages in the | ||||||
4 | occupation of hospital
provider in this State, and the name | ||||||
5 | and address of each hospital
operated, conducted, or | ||||||
6 | maintained by the provider in this State.
| ||||||
7 | (3) The occupied bed days or adjusted gross hospital | ||||||
8 | revenue of the
hospital
provider (whichever is | ||||||
9 | applicable), the amount of
assessment imposed under | ||||||
10 | Section 5A-2 for the State fiscal year
for which the notice | ||||||
11 | is sent, and the amount of
each quarterly
installment to be | ||||||
12 | paid during the State fiscal year.
| ||||||
13 | (4) (Blank).
| ||||||
14 | (5) Other reasonable information as determined by the | ||||||
15 | Illinois
Department.
| ||||||
16 | (b) If a hospital provider conducts, operates, or
maintains | ||||||
17 | more than one hospital licensed by the Illinois
Department of | ||||||
18 | Public Health, the provider shall pay the
assessment for each | ||||||
19 | hospital separately.
| ||||||
20 | (c) Notwithstanding any other provision in this Article, in
| ||||||
21 | the case of a person who ceases to conduct, operate, or | ||||||
22 | maintain a
hospital in respect of which the person is subject | ||||||
23 | to assessment
under this Article as a hospital provider, the | ||||||
24 | assessment for the State
fiscal year in which the cessation | ||||||
25 | occurs shall be adjusted by
multiplying the assessment computed | ||||||
26 | under Section 5A-2 by a
fraction, the numerator of which is the |
| |||||||
| |||||||
1 | number of days in the
year during which the provider conducts, | ||||||
2 | operates, or maintains
the hospital and the denominator of | ||||||
3 | which is 365. Immediately
upon ceasing to conduct, operate, or | ||||||
4 | maintain a hospital, the person
shall pay the assessment
for | ||||||
5 | the year as so adjusted (to the extent not previously paid).
| ||||||
6 | (d) Notwithstanding any other provision in this Article, a
| ||||||
7 | provider who commences conducting, operating, or maintaining a
| ||||||
8 | hospital, upon notice by the Illinois Department,
shall pay the | ||||||
9 | assessment computed under Section 5A-2 and
subsection (e) in | ||||||
10 | installments on the due dates stated in the
notice and on the | ||||||
11 | regular installment due dates for the State
fiscal year | ||||||
12 | occurring after the due dates of the initial
notice.
| ||||||
13 | (e) Notwithstanding any other provision in this Article, | ||||||
14 | for State fiscal years 2004 and 2005, in
the case of a hospital | ||||||
15 | provider that did not conduct, operate, or
maintain a hospital | ||||||
16 | throughout calendar year 2001, the assessment for that State | ||||||
17 | fiscal year
shall be computed on the basis of hypothetical | ||||||
18 | occupied bed days for the full calendar year as determined by | ||||||
19 | the Illinois Department.
Notwithstanding any other provision | ||||||
20 | in this Article, for State fiscal years after 2005, in the case | ||||||
21 | of a hospital provider that did not conduct, operate, or | ||||||
22 | maintain a hospital in 2003, the assessment for that State | ||||||
23 | fiscal year shall be computed on the basis of hypothetical | ||||||
24 | adjusted gross hospital revenue for the hospital's first full | ||||||
25 | fiscal year as determined by the Illinois Department (which may | ||||||
26 | be based on annualization of the provider's actual revenues for |
| |||||||
| |||||||
1 | a portion of the year, or revenues of a comparable hospital for | ||||||
2 | the year, including revenues realized by a prior provider of | ||||||
3 | the same hospital during the year).
| ||||||
4 | (f) Every hospital provider subject to assessment under | ||||||
5 | this Article shall keep sufficient records to permit the | ||||||
6 | determination of adjusted gross hospital revenue for the | ||||||
7 | hospital's fiscal year. All such records shall be kept in the | ||||||
8 | English language and shall, at all times during regular | ||||||
9 | business hours of the day, be subject to inspection by the | ||||||
10 | Illinois Department or its duly authorized agents and | ||||||
11 | employees.
| ||||||
12 | (g) The Illinois Department may, by rule, provide a | ||||||
13 | hospital provider a reasonable opportunity to request a | ||||||
14 | clarification or correction of any clerical or computational | ||||||
15 | errors contained in the calculation of its assessment, but such | ||||||
16 | corrections shall not extend to updating the cost report | ||||||
17 | information used to calculate the assessment.
| ||||||
18 | (h) (Blank).
| ||||||
19 | (Source: P.A. 93-659, eff. 2-3-04; 93-841, eff. 7-30-04; | ||||||
20 | 94-242, eff. 7-18-05; revised 12-15-05.)
| ||||||
21 | (305 ILCS 5/5A-10) (from Ch. 23, par. 5A-10)
| ||||||
22 | Sec. 5A-10. Applicability.
| ||||||
23 | (a) The assessment imposed by Section 5A-2 shall not take | ||||||
24 | effect or shall
cease to be imposed, and
any moneys
remaining | ||||||
25 | in the Fund shall be refunded to hospital providers
in |
| |||||||
| |||||||
1 | proportion to the amounts paid by them, if:
| ||||||
2 | (1) the sum of the appropriations for State fiscal | ||||||
3 | years 2004 and 2005
from the
General Revenue Fund for | ||||||
4 | hospital payments
under the medical assistance program is | ||||||
5 | less than $4,500,000,000 or the appropriation for each of | ||||||
6 | State fiscal years 2006, 2007 and 2008 from the General | ||||||
7 | Revenue Fund for hospital payments under the medical | ||||||
8 | assistance program is less than $2,500,000,000 increased | ||||||
9 | annually to reflect any increase in the number of | ||||||
10 | recipients; or
| ||||||
11 | (2) the Department of Healthcare and Family Services | ||||||
12 | (formerly Department of Public Aid ) makes changes in its | ||||||
13 | rules
that
reduce the hospital inpatient or outpatient | ||||||
14 | payment rates, including adjustment
payment rates, in | ||||||
15 | effect on October 1, 2004, except for hospitals described | ||||||
16 | in
subsection (b) of Section 5A-3 and except for changes in | ||||||
17 | the methodology for calculating outlier payments to | ||||||
18 | hospitals for exceptionally costly stays, so long as those | ||||||
19 | changes do not reduce aggregate
expenditures below the | ||||||
20 | amount expended in State fiscal year 2005 for such
| ||||||
21 | services; or
| ||||||
22 | (3) the payments to hospitals required under Section | ||||||
23 | 5A-12 are changed or
are
not eligible for federal matching | ||||||
24 | funds under Title XIX or XXI of the Social
Security Act.
| ||||||
25 | (b) The assessment imposed by Section 5A-2 shall not take | ||||||
26 | effect or
shall
cease to be imposed if the assessment is |
| |||||||
| |||||||
1 | determined to be an impermissible
tax under Title XIX
of the | ||||||
2 | Social Security Act. Moneys in the Hospital Provider Fund | ||||||
3 | derived
from assessments imposed prior thereto shall be
| ||||||
4 | disbursed in accordance with Section 5A-8 to the extent federal | ||||||
5 | matching is
not reduced due to the impermissibility of the | ||||||
6 | assessments, and any
remaining
moneys shall be
refunded to | ||||||
7 | hospital providers in proportion to the amounts paid by them.
| ||||||
8 | (Source: P.A. 93-659, eff. 2-3-04; 94-242, eff. 7-18-05; | ||||||
9 | revised 12-15-05.)
| ||||||
10 | (305 ILCS 5/5A-13)
| ||||||
11 | Sec. 5A-13. Emergency rulemaking. The Department of | ||||||
12 | Healthcare and Family Services (formerly Department of
Public | ||||||
13 | Aid ) may adopt rules necessary to implement
this amendatory Act | ||||||
14 | of the 94th General Assembly
through the use of emergency | ||||||
15 | rulemaking in accordance with
Section 5-45 of the Illinois | ||||||
16 | Administrative Procedure Act.
For purposes of that Act, the | ||||||
17 | General Assembly finds that the
adoption of rules to implement | ||||||
18 | this
amendatory Act of the 94th General Assembly is deemed an
| ||||||
19 | emergency and necessary for the public interest, safety, and | ||||||
20 | welfare.
| ||||||
21 | (Source: P.A. 93-659, eff. 2-3-04; 94-242, eff. 7-18-05; | ||||||
22 | revised 12-15-05.)
| ||||||
23 | (305 ILCS 5/6-11) (from Ch. 23, par. 6-11)
| ||||||
24 | Sec. 6-11. State funded General Assistance.
|
| |||||||
| |||||||
1 | (a) Effective July 1, 1992, all State funded General | ||||||
2 | Assistance and related
medical benefits shall be governed by | ||||||
3 | this Section. Other parts of this Code
or other laws related to | ||||||
4 | General Assistance shall remain in effect to the
extent they do | ||||||
5 | not conflict with the provisions of this Section. If any other
| ||||||
6 | part of this Code or other laws of this State conflict with the | ||||||
7 | provisions of
this Section, the provisions of this Section | ||||||
8 | shall control.
| ||||||
9 | (b) State funded General Assistance shall consist of 2 | ||||||
10 | separate
programs. One program shall be for adults with no | ||||||
11 | children and shall be
known as State Transitional Assistance. | ||||||
12 | The other program shall be for
families with children and for | ||||||
13 | pregnant women and shall be known as State
Family and Children | ||||||
14 | Assistance.
| ||||||
15 | (c) (1) To be eligible for State Transitional Assistance on | ||||||
16 | or after July
1, 1992, an individual must be ineligible for | ||||||
17 | assistance under any other
Article of this Code, must be | ||||||
18 | determined chronically needy, and must be one of
the following:
| ||||||
19 | (A) age 18 or over or
| ||||||
20 | (B) married and living with a spouse, regardless of | ||||||
21 | age.
| ||||||
22 | (2) The Illinois Department or the local governmental unit | ||||||
23 | shall determine
whether individuals are chronically needy as | ||||||
24 | follows:
| ||||||
25 | (A) Individuals who have applied for Supplemental | ||||||
26 | Security Income (SSI)
and are awaiting a decision on |
| |||||||
| |||||||
1 | eligibility for SSI who are determined disabled
by
the | ||||||
2 | Illinois Department using the SSI standard shall be | ||||||
3 | considered chronically
needy, except that individuals | ||||||
4 | whose disability is based solely on substance
addictions | ||||||
5 | (drug abuse and alcoholism) and whose disability would | ||||||
6 | cease were
their addictions to end shall be eligible only | ||||||
7 | for medical assistance and shall
not be eligible for cash | ||||||
8 | assistance under the State Transitional Assistance
| ||||||
9 | program.
| ||||||
10 | (B) If an individual has been denied SSI due to a | ||||||
11 | finding of "not
disabled" (either at the Administrative Law | ||||||
12 | Judge level or above, or at a lower
level if that | ||||||
13 | determination was not appealed), the Illinois Department | ||||||
14 | shall
adopt that finding and the individual shall not be | ||||||
15 | eligible for State
Transitional Assistance or any related | ||||||
16 | medical benefits. Such an individual
may not be determined | ||||||
17 | disabled by the Illinois Department for a period of 12
| ||||||
18 | months, unless the individual shows that there has been a | ||||||
19 | substantial change in
his or her medical condition or that | ||||||
20 | there has been a substantial change in
other factors, such | ||||||
21 | as age or work experience, that might change the
| ||||||
22 | determination of disability.
| ||||||
23 | (C) The Illinois Department, by rule, may specify other | ||||||
24 | categories of
individuals as chronically needy; nothing in | ||||||
25 | this Section, however, shall be
deemed to require the | ||||||
26 | inclusion of any specific category other than as
specified |
| |||||||
| |||||||
1 | in paragraphs (A) and (B).
| ||||||
2 | (3) For individuals in State Transitional Assistance, | ||||||
3 | medical assistance
shall be provided in an amount and nature | ||||||
4 | determined by the Illinois Department
of Healthcare and Family | ||||||
5 | Services
Public Aid by rule. The amount and nature of medical | ||||||
6 | assistance provided
need not be the
same as that provided under | ||||||
7 | paragraph (4) of subsection (d) of this Section,
and nothing in | ||||||
8 | this paragraph (3) shall be construed to require the coverage | ||||||
9 | of
any particular medical service. In addition, the amount and | ||||||
10 | nature of medical
assistance provided may be different for | ||||||
11 | different categories of individuals
determined chronically | ||||||
12 | needy.
| ||||||
13 | (4) The Illinois Department shall determine, by rule, those | ||||||
14 | assistance
recipients under Article VI who shall be subject to | ||||||
15 | employment, training, or
education programs including | ||||||
16 | Earnfare, the content of those programs, and the
penalties for | ||||||
17 | failure to cooperate in those programs.
| ||||||
18 | (5) The Illinois Department shall, by rule, establish | ||||||
19 | further eligibility
requirements, including but not limited to | ||||||
20 | residence, need, and the level of
payments.
| ||||||
21 | (d) (1) To be eligible for State Family and Children | ||||||
22 | Assistance, a
family unit must be ineligible for assistance | ||||||
23 | under any other Article of
this Code and must contain a child | ||||||
24 | who is:
| ||||||
25 | (A) under age 18 or
| ||||||
26 | (B) age 18 and a full-time student in a secondary |
| |||||||
| |||||||
1 | school or the
equivalent level of vocational or technical | ||||||
2 | training, and who may
reasonably be expected to complete | ||||||
3 | the program before reaching age 19.
| ||||||
4 | Those children shall be eligible for State Family and | ||||||
5 | Children Assistance.
| ||||||
6 | (2) The natural or adoptive parents of the child living in | ||||||
7 | the same
household may be eligible for State Family and | ||||||
8 | Children Assistance.
| ||||||
9 | (3) A pregnant woman whose pregnancy has been verified | ||||||
10 | shall be
eligible for income maintenance assistance under the | ||||||
11 | State Family and
Children Assistance program.
| ||||||
12 | (4) The amount and nature of medical assistance provided | ||||||
13 | under the State
Family and Children Assistance program shall be | ||||||
14 | determined by the Illinois
Department of Healthcare and Family | ||||||
15 | Services
Public Aid by rule. The amount and nature of medical
| ||||||
16 | assistance provided
need not be the same as that provided under | ||||||
17 | paragraph (3) of
subsection (c) of this Section, and nothing in | ||||||
18 | this paragraph (4) shall be
construed to require the coverage | ||||||
19 | of any particular medical service.
| ||||||
20 | (5) The Illinois Department shall, by rule, establish | ||||||
21 | further
eligibility requirements, including but not limited to | ||||||
22 | residence, need, and
the level of payments.
| ||||||
23 | (e) A local governmental unit that chooses to participate | ||||||
24 | in a
General Assistance program under this Section shall | ||||||
25 | provide
funding in accordance with Section 12-21.13 of this | ||||||
26 | Act.
Local governmental funds used to qualify for State funding |
| |||||||
| |||||||
1 | may only be
expended for clients eligible for assistance under | ||||||
2 | this Section 6-11 and
related administrative expenses.
| ||||||
3 | (f) In order to qualify for State funding under this | ||||||
4 | Section, a local
governmental unit shall be subject to the | ||||||
5 | supervision and the rules and
regulations of the Illinois | ||||||
6 | Department.
| ||||||
7 | (g) Notwithstanding any other provision in this Code, the | ||||||
8 | Illinois
Department is authorized to reduce payment levels used | ||||||
9 | to determine cash grants
provided to recipients of State | ||||||
10 | Transitional Assistance at any time within a
Fiscal Year in | ||||||
11 | order to ensure that cash benefits for State Transitional
| ||||||
12 | Assistance do not exceed the amounts appropriated for those | ||||||
13 | cash benefits.
Changes in payment levels may be accomplished by | ||||||
14 | emergency rule under Section
5-45 of the Illinois | ||||||
15 | Administrative Procedure Act, except that the limitation
on the | ||||||
16 | number of emergency rules that may be adopted in a 24-month | ||||||
17 | period shall
not apply and the provisions of Sections 5-115 and | ||||||
18 | 5-125 of the Illinois
Administrative Procedure Act shall not | ||||||
19 | apply. This provision shall also be
applicable to any reduction | ||||||
20 | in payment levels made upon implementation of this
amendatory | ||||||
21 | Act of 1995.
| ||||||
22 | (Source: P.A. 92-111, eff. 1-1-02; revised 12-15-05.)
| ||||||
23 | (305 ILCS 5/9-1) (from Ch. 23, par. 9-1)
| ||||||
24 | Sec. 9-1. Declaration of Purpose. It is the purpose
of this | ||||||
25 | Article to aid applicants for and
recipients of public aid |
| |||||||
| |||||||
1 | under Articles III, IV, V, and VI, to
increase their capacities | ||||||
2 | for self-support, self-care, and responsible
citizenship, and | ||||||
3 | to assist them in maintaining and strengthening family
life. If | ||||||
4 | authorized pursuant to Section 9-8, this Article may be
| ||||||
5 | extended to former and potential recipients and to persons | ||||||
6 | whose income
does not exceed the standard established to | ||||||
7 | determine eligibility for
aid as a medically indigent person | ||||||
8 | under Article V. The Department, with
the written consent of | ||||||
9 | the Governor, may also:
| ||||||
10 | (a) extend this Article to individuals and their families | ||||||
11 | with
income closely related to national indices of poverty who | ||||||
12 | have special
needs resulting from institutionalization of a | ||||||
13 | family member or
conditions that may lead to | ||||||
14 | institutionalization or who live in
impoverished areas or in | ||||||
15 | facilities developed to serve persons of low
income;
| ||||||
16 | (b) establish, where indicated, schedules of payment for | ||||||
17 | service
provided based on ability to pay;
| ||||||
18 | (c) provide for the coordinated delivery of the services | ||||||
19 | described
in this Article and related services offered by other | ||||||
20 | public or private
agencies or institutions, and cooperate with | ||||||
21 | the Illinois Department on
Aging to enable it to properly | ||||||
22 | execute and fulfill its duties pursuant to
the provisions of | ||||||
23 | Section 4.01 of the "Illinois Act on the Aging", as now
or | ||||||
24 | hereafter amended;
| ||||||
25 | (d) provide in-home care services, such as chore and | ||||||
26 | housekeeping services
or homemaker services, to recipients of |
| |||||||
| |||||||
1 | public aid under Articles IV and VI,
the scope and eligibility | ||||||
2 | criteria for such services to be determined by rule;
| ||||||
3 | (e) contract with other State agencies for the purchase of | ||||||
4 | social service
under Title XX of the Social Security Act, such | ||||||
5 | services to be provided
pursuant to such other agencies' | ||||||
6 | enabling legislation; and
| ||||||
7 | (f) cooperate with the Illinois Department of Healthcare | ||||||
8 | and Family Services
Public Aid to provide
services to public | ||||||
9 | aid recipients for the treatment and prevention of
alcoholism | ||||||
10 | and substance abuse.
| ||||||
11 | (Source: P.A. 92-16, eff. 6-28-01; 92-111, eff. 1-1-02; 92-651, | ||||||
12 | eff.
7-11-02; revised 12-15-05.)
| ||||||
13 | (305 ILCS 5/9-13)
| ||||||
14 | Sec. 9-13. Survey of teen parent services. The Social | ||||||
15 | Services Advisory
Committee shall conduct a survey of all | ||||||
16 | policy related to the provision of teen
parent services and | ||||||
17 | make administrative and legislative recommendations to
prevent | ||||||
18 | duplication, correct inconsistencies, and generally improve | ||||||
19 | the
provision of services to teen parents within the Department | ||||||
20 | of Public Aid (now Healthcare and Family Services) . The
results | ||||||
21 | of the survey, including recommendations shall be submitted in | ||||||
22 | written
form to the General Assembly, no later than December 1, | ||||||
23 | 1994.
| ||||||
24 | (Source: P.A. 88-412; revised 12-15-05.)
|
| |||||||
| |||||||
1 | (305 ILCS 5/9A-7) (from Ch. 23, par. 9A-7)
| ||||||
2 | Sec. 9A-7. Good Cause and Pre-Sanction Process.
| ||||||
3 | (a) The Department shall establish by rule what constitutes | ||||||
4 | good cause
for failure to participate in education, training | ||||||
5 | and employment programs,
failure to accept suitable employment | ||||||
6 | or terminating employment or reducing
earnings.
| ||||||
7 | The Department shall establish, by rule, a pre-sanction | ||||||
8 | process to assist
in resolving disputes over proposed sanctions | ||||||
9 | and in determining if good cause
exists.
Good cause shall | ||||||
10 | include, but not be limited to:
| ||||||
11 | (1) temporary illness for its duration;
| ||||||
12 | (2) court required appearance or temporary | ||||||
13 | incarceration;
| ||||||
14 | (3) (blank);
| ||||||
15 | (4) death in the family;
| ||||||
16 | (5) (blank);
| ||||||
17 | (6) (blank);
| ||||||
18 | (7) (blank);
| ||||||
19 | (8) (blank);
| ||||||
20 | (9) extreme inclement weather;
| ||||||
21 | (10) (blank);
| ||||||
22 | (11) lack of any support service even though the | ||||||
23 | necessary service
is not specifically provided under the | ||||||
24 | Department program, to the extent
the lack of the needed | ||||||
25 | service presents a significant barrier to participation;
| ||||||
26 | (12) if an individual is engaged in employment or |
| |||||||
| |||||||
1 | training or both
that is consistent with the employment | ||||||
2 | related goals of the program, if
such employment and | ||||||
3 | training is later approved by Department staff;
| ||||||
4 | (13) (blank);
| ||||||
5 | (14) failure of Department staff to correctly forward | ||||||
6 | the information
to other Department staff;
| ||||||
7 | (15) failure of the participant to cooperate because of | ||||||
8 | attendance at
a test or a mandatory class or function at an | ||||||
9 | educational program
(including college), when an education | ||||||
10 | or training program is officially
approved by the | ||||||
11 | Department;
| ||||||
12 | (16) failure of the participant due to his or her | ||||||
13 | illiteracy;
| ||||||
14 | (17) failure of the participant because it is | ||||||
15 | determined that he or she
should be in a different | ||||||
16 | activity;
| ||||||
17 | (18) non-receipt by the participant of a notice | ||||||
18 | advising him or her of a
participation requirement. If
the | ||||||
19 | non-receipt of mail occurs frequently, the Department | ||||||
20 | shall
explore an alternative means of providing notices of | ||||||
21 | participation requests
to participants;
| ||||||
22 | (19) (blank);
| ||||||
23 | (20) non-comprehension of English, either written or | ||||||
24 | oral or both;
| ||||||
25 | (21) (blank);
| ||||||
26 | (22) (blank);
|
| |||||||
| |||||||
1 | (23) child care (or day care for an incapacitated | ||||||
2 | individual living in
the same home as a dependent child) is | ||||||
3 | necessary for the participation or
employment and such care | ||||||
4 | is not available for a child under age 13;
| ||||||
5 | (24) failure to participate in an activity due to a | ||||||
6 | scheduled job
interview, medical appointment for the | ||||||
7 | participant or a household member, or
school appointment;
| ||||||
8 | (25) the individual is homeless. Homeless individuals | ||||||
9 | (including the
family) have no current residence and no | ||||||
10 | expectation of acquiring one in
the next 30 days. This | ||||||
11 | includes individuals residing in overnight
and | ||||||
12 | transitional (temporary) shelters. This does not include | ||||||
13 | individuals
who are sharing a residence with friends or | ||||||
14 | relatives on a continuing basis;
| ||||||
15 | (26) circumstances beyond the control of the | ||||||
16 | participant which prevent
the participant from completing | ||||||
17 | program requirements; or
| ||||||
18 | (27) (blank).
| ||||||
19 | (b) (Blank).
| ||||||
20 | (c) (1) The Department shall establish a reconciliation | ||||||
21 | procedure to
assist in resolving disputes related to any | ||||||
22 | aspect of participation,
including exemptions, good cause, | ||||||
23 | sanctions or proposed sanctions,
supportive services, | ||||||
24 | assessments, responsibility and service
plans,
assignment | ||||||
25 | to activities, suitability of employment, or
refusals of | ||||||
26 | offers
of employment.
Through the reconciliation process |
| |||||||
| |||||||
1 | the Department shall have a mechanism to
identify good | ||||||
2 | cause, ensure that the client is aware of the issue, and | ||||||
3 | enable
the client to perform required activities without | ||||||
4 | facing sanction.
| ||||||
5 | (2) A participant may request reconciliation and
| ||||||
6 | receive notice in
writing of a meeting. At least one | ||||||
7 | face-to-face
meeting may be scheduled to
resolve | ||||||
8 | misunderstandings or disagreements related to program | ||||||
9 | participation
and situations which may lead to a potential | ||||||
10 | sanction. The meeting will
address the underlying reason | ||||||
11 | for the dispute and plan a resolution to
enable the | ||||||
12 | individual to participate in TANF employment and work | ||||||
13 | activity
requirements.
| ||||||
14 | (2.5) If the individual fails to appear at the | ||||||
15 | reconciliation meeting
without good cause, the | ||||||
16 | reconciliation is unsuccessful and a sanction shall be
| ||||||
17 | imposed.
| ||||||
18 | (3) The reconciliation process shall continue after
it | ||||||
19 | is determined that
the individual did not have good cause | ||||||
20 | for non-cooperation. Any necessary
demonstration of | ||||||
21 | cooperation on the part of the participant will be part of
| ||||||
22 | the reconciliation process. Failure to demonstrate | ||||||
23 | cooperation will result in immediate
sanction.
| ||||||
24 | (4) For the first instance of non-cooperation, if the | ||||||
25 | client reaches
agreement to cooperate, the client shall be | ||||||
26 | allowed 30 days to demonstrate
cooperation before any |
| |||||||
| |||||||
1 | sanction activity may be imposed. In any subsequent
| ||||||
2 | instances of non-cooperation, the client shall be provided | ||||||
3 | the opportunity to
show good cause or remedy the situation | ||||||
4 | by immediately complying with the
requirement.
| ||||||
5 | (5) The Department shall document in the case record | ||||||
6 | the proceedings
of the reconciliation and provide the | ||||||
7 | client in writing
with a reconciliation
agreement.
| ||||||
8 | (6) If reconciliation resolves the dispute, no
| ||||||
9 | sanction shall be imposed.
If the client fails to comply | ||||||
10 | with the reconciliation agreement, the
Department shall | ||||||
11 | then immediately impose the original sanction.
If the | ||||||
12 | dispute cannot be resolved
during reconciliation, a | ||||||
13 | sanction shall not be imposed
until the reconciliation | ||||||
14 | process is complete.
| ||||||
15 | (Source: P.A. 93-598, eff. 8-26-03; revised 10-9-03.)
| ||||||
16 | (305 ILCS 5/9A-9.5)
| ||||||
17 | Sec. 9A-9.5. Health care advocates; committee. The | ||||||
18 | Department of Human
Services and the Department of Healthcare | ||||||
19 | and Family Services
Public Aid shall jointly establish an
| ||||||
20 | interagency
committee to do the following:
| ||||||
21 | (1) Assist the departments in making recommendations | ||||||
22 | on incorporating
health care advocates into education, | ||||||
23 | training, and placement programs under
this
Article. The | ||||||
24 | advocates should be individuals who are knowledgeable | ||||||
25 | about
various types of health insurance programs.
|
| |||||||
| |||||||
1 | (2) Develop more outreach and educational materials to | ||||||
2 | help TANF
families make informed choices concerning health | ||||||
3 | insurance and health care. The
materials should target | ||||||
4 | families that are transitioning from receipt of public
aid | ||||||
5 | to
employment.
| ||||||
6 | (3) Develop methods to simplify the process of applying | ||||||
7 | for medical
assistance under Article V.
| ||||||
8 | (Source: P.A. 93-150, eff. 7-10-03; revised 12-15-05.)
| ||||||
9 | (305 ILCS 5/9A-15) | ||||||
10 | Sec. 9A-15. College education assistance; pilot program. | ||||||
11 | (a) Subject to appropriation, the Department of Human | ||||||
12 | Services shall establish a pilot program to provide recipients | ||||||
13 | of assistance under Article IV with additional assistance in | ||||||
14 | obtaining a post-secondary education degree to the extent | ||||||
15 | permitted by the federal law governing the Temporary Assistance | ||||||
16 | for Needy Families Program. This assistance may include, but is | ||||||
17 | not limited to, moneys for the payment of tuition, but the | ||||||
18 | Department may not use any moneys appropriated for the | ||||||
19 | Temporary Assistance for Needy Families Program (TANF) under | ||||||
20 | Article IV to pay for tuition under the pilot program. In | ||||||
21 | addition to criteria, standards, and procedures related to | ||||||
22 | post-secondary education required by rules applicable to the | ||||||
23 | TANF program, the Department shall provide that the time that a | ||||||
24 | pilot program participant spends in post-secondary classes | ||||||
25 | shall apply toward the time that the recipient is required to |
| |||||||
| |||||||
1 | spend in education, placement, and training activities under | ||||||
2 | this Article. | ||||||
3 | The Department shall define the pilot program by rule, | ||||||
4 | including a determination of its duration and scope, the nature | ||||||
5 | of the assistance to be provided, and the criteria, standards, | ||||||
6 | and procedures for participation. | ||||||
7 | (b) The Department shall enter into an interagency | ||||||
8 | agreement with the Illinois Student Assistance Commission for | ||||||
9 | the administration of the pilot program. | ||||||
10 | (c) The Department shall evaluate the pilot program and | ||||||
11 | report its findings and recommendations after 2 years of its | ||||||
12 | operation to the Governor and the General Assembly, including | ||||||
13 | proposed rules to modify or extend the pilot program beyond the | ||||||
14 | scope and schedule upon which it was originally established.
| ||||||
15 | (Source: P.A. 94-371, eff. 1-1-06.) | ||||||
16 | (305 ILCS 5/9A-16) | ||||||
17 | Sec. 9A-16
9A-15 . Work activity; applicable minimum wage. | ||||||
18 | The State or federal minimum wage, whichever is higher, shall | ||||||
19 | be used to calculate the required number of hours of | ||||||
20 | participation in any earnfare or pay-after-performance | ||||||
21 | activity under Section 9A-9 or any other Section of this Code | ||||||
22 | in which a recipient of public assistance performs work as a | ||||||
23 | condition of receiving the public assistance and the recipient | ||||||
24 | is not paid wages for the work.
| ||||||
25 | (Source: P.A. 94-533, eff. 8-10-05; revised 9-22-05.)
|
| |||||||
| |||||||
1 | (305 ILCS 5/10-1) (from Ch. 23, par. 10-1)
| ||||||
2 | Sec. 10-1. Declaration of Public Policy - Persons Eligible | ||||||
3 | for Child Support
Enforcement Services - Fees for | ||||||
4 | Non-Applicants and
Non-Recipients.) It is the intent of this | ||||||
5 | Code that the financial aid
and social welfare services herein | ||||||
6 | provided supplement rather than
supplant the primary and | ||||||
7 | continuing obligation of the family unit for
self-support to | ||||||
8 | the fullest extent permitted by the resources available
to it. | ||||||
9 | This primary and continuing obligation applies whether the | ||||||
10 | family
unit of parents and children or of husband and wife | ||||||
11 | remains intact and
resides in a common household or whether the | ||||||
12 | unit has been broken by
absence of one or more members of the | ||||||
13 | unit. The obligation of the
family unit is particularly | ||||||
14 | applicable when a member is in necessitous
circumstances and | ||||||
15 | lacks the means of a livelihood compatible with health
and | ||||||
16 | well-being.
| ||||||
17 | It is the purpose of this Article to provide for locating | ||||||
18 | an absent
parent or spouse, for determining his financial | ||||||
19 | circumstances, and for
enforcing his legal obligation of | ||||||
20 | support, if he is able to furnish
support, in whole or in part. | ||||||
21 | The Illinois Department of Healthcare and Family Services
| ||||||
22 | Public Aid shall give
priority to establishing, enforcing
and | ||||||
23 | collecting the current support obligation, and then to past due | ||||||
24 | support
owed to the family unit, except with respect to | ||||||
25 | collections effected
through the intercept programs provided |
| |||||||
| |||||||
1 | for in this Article.
| ||||||
2 | The child support enforcement services provided hereunder
| ||||||
3 | shall be
furnished dependents of an absent parent or spouse who | ||||||
4 | are applicants
for or recipients of financial aid under this | ||||||
5 | Code. It is not,
however, a condition of eligibility for | ||||||
6 | financial aid that there be no
responsible relatives who are | ||||||
7 | reasonably able to provide support. Nor,
except as provided in | ||||||
8 | Sections 4-1.7 and 10-8, shall the existence of
such relatives | ||||||
9 | or their payment of support contributions disqualify a
needy | ||||||
10 | person for financial aid.
| ||||||
11 | By accepting financial aid under this Code, a spouse or a | ||||||
12 | parent or
other person having custody of a child shall be | ||||||
13 | deemed to have made
assignment to the Illinois Department for | ||||||
14 | aid under Articles III, IV,
V and VII or to a local | ||||||
15 | governmental unit for aid under Article VI of
any and all | ||||||
16 | rights, title, and interest in any support obligation, | ||||||
17 | including statutory interest thereon, up to
the amount of | ||||||
18 | financial aid provided. The rights to support assigned to
the | ||||||
19 | Department of Healthcare and Family Services (formerly
| ||||||
20 | Illinois Department of Public Aid ) or local governmental unit | ||||||
21 | shall
constitute an
obligation owed the State or local | ||||||
22 | governmental unit by the person who
is responsible for | ||||||
23 | providing the support, and shall be collectible under
all | ||||||
24 | applicable processes.
| ||||||
25 | The Illinois Department of Healthcare and Family Services
| ||||||
26 | Public Aid shall also furnish the child support enforcement |
| |||||||
| |||||||
1 | services established under this Article in
behalf of persons | ||||||
2 | who
are not applicants for or recipients of financial aid
under | ||||||
3 | this Code in accordance with the requirements of Title IV, Part | ||||||
4 | D of the
Social Security Act. The Department may
establish a | ||||||
5 | schedule of reasonable fees, to be paid for the services
| ||||||
6 | provided and may deduct a collection fee, not to exceed 10% of | ||||||
7 | the amount
collected, from such collection.
The Illinois
| ||||||
8 | Department of Healthcare and Family Services
Public Aid shall | ||||||
9 | cause to be published and
distributed publications
reasonably | ||||||
10 | calculated to inform the public that individuals who are not
| ||||||
11 | recipients of or applicants for public aid under this Code are | ||||||
12 | eligible
for the child support enforcement services under this
| ||||||
13 | Article X. Such
publications
shall set forth an explanation, in | ||||||
14 | plain language, that the child
support enforcement services | ||||||
15 | program is independent of any public
aid program under the Code | ||||||
16 | and that the receiving of child
support
enforcement services in | ||||||
17 | no way implies that the person
receiving such services is | ||||||
18 | receiving
public aid.
| ||||||
19 | (Source: P.A. 94-90, eff. 1-1-06; revised 12-15-05.)
| ||||||
20 | (305 ILCS 5/10-10) (from Ch. 23, par. 10-10)
| ||||||
21 | Sec. 10-10. Court enforcement; applicability also to | ||||||
22 | persons who are
not applicants or recipients. Except where the | ||||||
23 | Illinois Department, by
agreement, acts for the local | ||||||
24 | governmental unit, as provided in Section
10-3.1, local | ||||||
25 | governmental units shall refer to the State's Attorney or
to |
| |||||||
| |||||||
1 | the proper legal representative of the governmental unit, for
| ||||||
2 | judicial enforcement as herein provided, instances of | ||||||
3 | non-support or
insufficient support when the dependents are | ||||||
4 | applicants or recipients
under Article VI. The Child and Spouse | ||||||
5 | Support Unit
established by Section 10-3.1 may institute in | ||||||
6 | behalf of the Illinois
Department any actions under this | ||||||
7 | Section for judicial enforcement of
the support liability when | ||||||
8 | the dependents are (a) applicants or
recipients under Articles | ||||||
9 | III, IV, V or VII; (b) applicants or recipients
in a local | ||||||
10 | governmental unit when the Illinois Department, by agreement,
| ||||||
11 | acts for the unit; or (c) non-applicants or non-recipients who | ||||||
12 | are
receiving child support enforcement services under this | ||||||
13 | Article X, as
provided
in Section 10-1. Where the Child and | ||||||
14 | Spouse Support Unit has exercised
its option and discretion not | ||||||
15 | to apply the provisions of Sections 10-3 through
10-8, the | ||||||
16 | failure by the Unit to apply such provisions shall not be a bar
| ||||||
17 | to bringing an action under this Section.
| ||||||
18 | Action shall be brought in the circuit court to obtain | ||||||
19 | support, or
for the recovery of aid granted during the period | ||||||
20 | such support was not
provided, or both for the obtainment of | ||||||
21 | support and the recovery of the
aid provided. Actions for the | ||||||
22 | recovery of aid may be taken separately
or they may be | ||||||
23 | consolidated with actions to obtain support. Such
actions may | ||||||
24 | be brought in the name of the person or persons requiring
| ||||||
25 | support, or may be brought in the name of the Illinois | ||||||
26 | Department or the
local governmental unit, as the case |
| |||||||
| |||||||
1 | requires, in behalf of such persons.
| ||||||
2 | The court may enter such orders for the payment of moneys | ||||||
3 | for the
support of the person as may be just and equitable and | ||||||
4 | may direct
payment thereof for such period or periods of time | ||||||
5 | as the circumstances
require, including support for a period | ||||||
6 | before the date the order for support
is entered. The order may | ||||||
7 | be entered against any or all of the defendant
responsible | ||||||
8 | relatives and may be based upon the proportionate ability of
| ||||||
9 | each to contribute to the person's support.
| ||||||
10 | The Court shall determine the amount of child support | ||||||
11 | (including child
support for a period before the date the order | ||||||
12 | for child support is entered)
by
using the
guidelines and | ||||||
13 | standards set forth in subsection (a) of Section 505 and in
| ||||||
14 | Section 505.2 of the Illinois Marriage and Dissolution of | ||||||
15 | Marriage Act.
For purposes of determining the amount of child | ||||||
16 | support to be paid for a
period before the date the order for | ||||||
17 | child support is entered, there is a
rebuttable
presumption | ||||||
18 | that the responsible relative's net income for that period was | ||||||
19 | the
same as his or her net income at the time the order is | ||||||
20 | entered.
| ||||||
21 | If (i) the responsible relative was properly served with a | ||||||
22 | request for
discovery of
financial information relating to the | ||||||
23 | responsible relative's ability to provide
child support, (ii)
| ||||||
24 | the responsible relative failed to comply with the request, | ||||||
25 | despite having been
ordered to
do so by the court, and (iii) | ||||||
26 | the responsible relative is not present at the
hearing to
|
| |||||||
| |||||||
1 | determine support despite having received proper notice, then | ||||||
2 | any relevant
financial
information concerning the responsible | ||||||
3 | relative's ability to provide child
support
that was
obtained | ||||||
4 | pursuant to subpoena and proper notice shall be admitted into | ||||||
5 | evidence
without
the need to establish any further foundation | ||||||
6 | for its admission.
| ||||||
7 | An order entered under this Section shall include a | ||||||
8 | provision requiring
the obligor to report to the obligee and to | ||||||
9 | the clerk of court within 10 days
each time the obligor obtains | ||||||
10 | new employment, and each time the obligor's
employment is | ||||||
11 | terminated for any reason.
The report shall be in writing and | ||||||
12 | shall, in the case of new employment,
include the name and | ||||||
13 | address of the new employer.
Failure to report new employment | ||||||
14 | or
the termination of current employment, if coupled with | ||||||
15 | nonpayment of support
for a period in excess of 60 days, is | ||||||
16 | indirect criminal contempt. For
any obligor arrested for | ||||||
17 | failure to report new employment bond shall be set in
the | ||||||
18 | amount of the child support that should have been paid during | ||||||
19 | the period of
unreported employment. An order entered under | ||||||
20 | this Section shall also include
a provision requiring the | ||||||
21 | obligor and obligee parents to advise each other of a
change in | ||||||
22 | residence within 5 days of the change
except when the court | ||||||
23 | finds that the physical, mental, or emotional health
of a party | ||||||
24 | or that of a minor child, or both, would be seriously | ||||||
25 | endangered by
disclosure of the party's address.
| ||||||
26 | The Court shall determine the amount of maintenance using |
| |||||||
| |||||||
1 | the standards
set forth in Section 504 of the Illinois Marriage | ||||||
2 | and Dissolution of Marriage
Act.
| ||||||
3 | Any new or existing support order entered by the court | ||||||
4 | under this
Section shall be deemed to be a series of judgments | ||||||
5 | against the person
obligated to pay support thereunder, each | ||||||
6 | such judgment to be in the amount
of each payment or | ||||||
7 | installment of support and each such judgment to be
deemed | ||||||
8 | entered as of the date the corresponding payment or installment
| ||||||
9 | becomes due under the terms of the support order. Each such | ||||||
10 | judgment shall
have the full force, effect and attributes of | ||||||
11 | any other judgment of this
State, including the ability to be | ||||||
12 | enforced. Any such judgment is subject
to modification or | ||||||
13 | termination only in accordance with Section 510 of the
Illinois | ||||||
14 | Marriage and Dissolution of Marriage Act.
A lien arises by | ||||||
15 | operation of law against the real and personal property of
the | ||||||
16 | noncustodial parent for each
installment of overdue support | ||||||
17 | owed by the noncustodial parent.
| ||||||
18 | When an order is entered for the support of a minor, the | ||||||
19 | court may
provide therein for reasonable visitation of the | ||||||
20 | minor by the person or
persons who provided support pursuant to | ||||||
21 | the order. Whoever willfully
refuses to comply with such | ||||||
22 | visitation order or willfully interferes
with its enforcement | ||||||
23 | may be declared in contempt of court and punished
therefor.
| ||||||
24 | Except where the local governmental unit has entered into | ||||||
25 | an
agreement with the Illinois Department for the Child and | ||||||
26 | Spouse Support
Unit to act for it, as provided in Section |
| |||||||
| |||||||
1 | 10-3.1, support orders
entered by the court in cases involving | ||||||
2 | applicants or recipients under
Article VI shall provide that | ||||||
3 | payments thereunder be made
directly to the local governmental | ||||||
4 | unit. Orders for the support of all
other applicants or | ||||||
5 | recipients shall provide that payments thereunder be
made | ||||||
6 | directly to the Illinois Department.
In accordance with federal | ||||||
7 | law and regulations, the Illinois Department may
continue to | ||||||
8 | collect current maintenance payments or child support | ||||||
9 | payments, or
both, after those persons cease to receive public | ||||||
10 | assistance and until
termination of services under Article X. | ||||||
11 | The Illinois Department shall pay the
net amount collected to | ||||||
12 | those persons after deducting any costs incurred in
making
the | ||||||
13 | collection or any collection fee from the amount of any | ||||||
14 | recovery made. In both cases the order shall permit the local
| ||||||
15 | governmental unit or the Illinois Department, as the case may | ||||||
16 | be, to direct
the responsible relative or relatives to make | ||||||
17 | support payments directly to
the needy person, or to some | ||||||
18 | person or agency in his behalf, upon removal
of the person from | ||||||
19 | the public aid rolls or upon termination of services under
| ||||||
20 | Article X.
| ||||||
21 | If the notice of support due issued pursuant to Section | ||||||
22 | 10-7 directs
that support payments be made directly to the | ||||||
23 | needy person, or to some
person or agency in his behalf, and | ||||||
24 | the recipient is removed from the
public aid rolls, court | ||||||
25 | action may be taken against the responsible
relative hereunder | ||||||
26 | if he fails to furnish support in accordance with the
terms of |
| |||||||
| |||||||
1 | such notice.
| ||||||
2 | Actions may also be brought under this Section in behalf of | ||||||
3 | any
person who is in need of support from responsible | ||||||
4 | relatives, as defined
in Section 2-11 of Article II who is not | ||||||
5 | an applicant for or recipient
of financial aid under this Code. | ||||||
6 | In such instances, the State's
Attorney of the county in which | ||||||
7 | such person resides shall bring action
against the responsible | ||||||
8 | relatives hereunder. If the Illinois
Department, as authorized | ||||||
9 | by Section 10-1, extends the child support
enforcement
services
| ||||||
10 | provided by this Article to spouses and dependent children who | ||||||
11 | are not
applicants or recipients under this Code, the Child and | ||||||
12 | Spouse Support
Unit established by Section 10-3.1 shall bring | ||||||
13 | action against the
responsible relatives hereunder and any | ||||||
14 | support orders entered by the
court in such cases shall provide | ||||||
15 | that payments thereunder be made
directly to the Illinois | ||||||
16 | Department.
| ||||||
17 | Whenever it is determined in a proceeding to establish or | ||||||
18 | enforce a child
support or maintenance obligation that the | ||||||
19 | person owing a duty of support
is unemployed, the court may | ||||||
20 | order the person to seek employment and report
periodically to | ||||||
21 | the court with a diary, listing or other memorandum of his
or | ||||||
22 | her efforts in accordance with such order. Additionally, the | ||||||
23 | court may
order the unemployed person to report to the | ||||||
24 | Department of Employment
Security for job search services or to | ||||||
25 | make application with the local Job
Training Partnership Act | ||||||
26 | provider for participation in job search,
training or work |
| |||||||
| |||||||
1 | programs and where the duty of support is owed to a child
| ||||||
2 | receiving child support enforcement services under this | ||||||
3 | Article X, the
court may
order the
unemployed person to report | ||||||
4 | to the Illinois Department for participation
in job search, | ||||||
5 | training or work programs established under Section 9-6 and
| ||||||
6 | Article IXA of this Code.
| ||||||
7 | Whenever it is determined that a person owes past-due | ||||||
8 | support for a child
receiving assistance under this Code, the | ||||||
9 | court shall order at the request of
the Illinois Department:
| ||||||
10 | (1) that the person pay the past-due support in | ||||||
11 | accordance with a plan
approved by the court; or
| ||||||
12 | (2) if the person owing past-due support is unemployed, | ||||||
13 | is subject to
such a plan, and is not incapacitated, that | ||||||
14 | the person participate in such job
search, training, or | ||||||
15 | work programs established under Section 9-6 and Article
IXA | ||||||
16 | of this Code as the court deems appropriate.
| ||||||
17 | A determination under this Section shall not be | ||||||
18 | administratively
reviewable by the procedures specified in | ||||||
19 | Sections 10-12, and 10-13 to
10-13.10. Any determination under | ||||||
20 | these Sections, if made the basis of
court action under this | ||||||
21 | Section, shall not affect the de novo judicial
determination | ||||||
22 | required under this Section.
| ||||||
23 | A one-time charge of 20% is imposable upon the amount of | ||||||
24 | past-due child
support owed on July 1, 1988 which has accrued | ||||||
25 | under a support order
entered by the court. The charge shall be | ||||||
26 | imposed in accordance with the
provisions of Section 10-21 of |
| |||||||
| |||||||
1 | this Code and shall be enforced by the court
upon petition.
| ||||||
2 | All orders for support, when entered or modified, shall
| ||||||
3 | include a provision requiring the non-custodial parent to | ||||||
4 | notify the court and,
in cases in which a party is receiving | ||||||
5 | child support
enforcement services under
this Article X, the | ||||||
6 | Illinois Department, within 7 days, (i) of the name,
address, | ||||||
7 | and telephone number of any new employer of the non-custodial | ||||||
8 | parent,
(ii) whether the non-custodial parent has access to | ||||||
9 | health insurance coverage
through the employer or other group | ||||||
10 | coverage and, if so, the policy name and
number and the names | ||||||
11 | of persons covered under
the policy, and (iii) of any new | ||||||
12 | residential or mailing address or telephone
number of the | ||||||
13 | non-custodial parent. In any subsequent action to enforce a
| ||||||
14 | support order, upon a sufficient showing that a diligent effort | ||||||
15 | has been made
to ascertain the location of the non-custodial | ||||||
16 | parent, service of process or
provision of notice necessary in | ||||||
17 | the case may be made at the last known
address of the | ||||||
18 | non-custodial parent in any manner expressly provided by the
| ||||||
19 | Code of Civil Procedure or this Code, which service shall be | ||||||
20 | sufficient for
purposes of due process.
| ||||||
21 | An order for support shall include a date on which the | ||||||
22 | current support
obligation terminates. The termination date | ||||||
23 | shall be no earlier than the
date on which the child covered by | ||||||
24 | the order will attain the age of
18. However, if the child will | ||||||
25 | not graduate from high school until after
attaining the age
of | ||||||
26 | 18, then the termination date shall be no earlier than the |
| |||||||
| |||||||
1 | earlier of the
date on which
the child's high school graduation | ||||||
2 | will occur or the date on which the child
will attain the
age | ||||||
3 | of 19. The order for support shall state
that the termination | ||||||
4 | date does not apply to
any arrearage that may remain unpaid on | ||||||
5 | that date. Nothing in this paragraph
shall be construed to | ||||||
6 | prevent the court from modifying the order or terminating
the | ||||||
7 | order in the event the child is otherwise emancipated.
| ||||||
8 | If there is an unpaid arrearage or delinquency (as those | ||||||
9 | terms are defined in the Income Withholding for Support Act) | ||||||
10 | equal to at least one month's support obligation on the | ||||||
11 | termination date stated in the order for support or, if there | ||||||
12 | is no termination date stated in the order, on the date the | ||||||
13 | child attains the age of majority or is otherwise emancipated, | ||||||
14 | then the periodic amount required to be paid for current | ||||||
15 | support of that child immediately prior to that date shall | ||||||
16 | automatically continue to be an obligation, not as current | ||||||
17 | support but as periodic payment toward satisfaction of the | ||||||
18 | unpaid arrearage or delinquency. That periodic payment shall be | ||||||
19 | in addition to any periodic payment previously required for | ||||||
20 | satisfaction of the arrearage or delinquency. The total | ||||||
21 | periodic amount to be paid toward satisfaction of the arrearage | ||||||
22 | or delinquency may be enforced and collected by any method | ||||||
23 | provided by law for the enforcement and collection of child | ||||||
24 | support, including but not limited to income withholding under | ||||||
25 | the Income Withholding for Support Act. Each order for support | ||||||
26 | entered or modified on or after the effective date of this |
| |||||||
| |||||||
1 | amendatory Act of the 93rd General Assembly must contain a | ||||||
2 | statement notifying the parties of the requirements of this | ||||||
3 | paragraph. Failure to include the statement in the order for | ||||||
4 | support does not affect the validity of the order or the | ||||||
5 | operation of the provisions of this paragraph with regard to | ||||||
6 | the order. This paragraph shall not be construed to prevent or | ||||||
7 | affect the establishment or modification of an order for the | ||||||
8 | support of a minor child or the establishment or modification | ||||||
9 | of an order for the support of a non-minor child or educational | ||||||
10 | expenses under Section 513 of the Illinois Marriage and | ||||||
11 | Dissolution of Marriage Act.
| ||||||
12 | Payments under this Section to the Illinois Department | ||||||
13 | pursuant to the
Child Support Enforcement Program established | ||||||
14 | by Title IV-D of the Social
Security Act shall be paid into the | ||||||
15 | Child Support Enforcement Trust Fund.
All payments under this | ||||||
16 | Section to the Illinois Department of Human
Services shall be | ||||||
17 | deposited in the DHS Recoveries
Trust Fund. Disbursements from | ||||||
18 | these funds shall be as provided in Sections
12-9.1 and 12-10.2 | ||||||
19 | of this Code. Payments received by a local
governmental unit | ||||||
20 | shall be deposited in that unit's General Assistance Fund.
| ||||||
21 | To the extent the provisions of this Section are | ||||||
22 | inconsistent with the
requirements pertaining to the State | ||||||
23 | Disbursement Unit under Sections 10-10.4
and 10-26 of this | ||||||
24 | Code, the requirements pertaining to the State Disbursement
| ||||||
25 | Unit shall apply.
| ||||||
26 | (Source: P.A. 93-1061, eff. 1-1-05; 94-88, eff. 1-1-06; revised |
| |||||||
| |||||||
1 | 8-9-05.)
| ||||||
2 | (305 ILCS 5/10-10.4)
| ||||||
3 | Sec. 10-10.4. Payment of Support to State Disbursement | ||||||
4 | Unit.
| ||||||
5 | (a) As used in this Section:
| ||||||
6 | "Order for support", "obligor", "obligee", and "payor" | ||||||
7 | mean those terms as
defined in the Income Withholding for | ||||||
8 | Support Act, except that "order for
support" shall not mean | ||||||
9 | orders providing for spousal maintenance under which
there is | ||||||
10 | no child support obligation.
| ||||||
11 | (b) Notwithstanding any other provision of this Code to the | ||||||
12 | contrary, each
court or administrative order for support | ||||||
13 | entered or modified on or after
October 1, 1999 shall require | ||||||
14 | that support payments be made to the State
Disbursement Unit | ||||||
15 | established under Section 10-26 if:
| ||||||
16 | (1) a party to the order is receiving child support
| ||||||
17 | enforcement services
under this Article X; or
| ||||||
18 | (2) no party to the order is receiving child support
| ||||||
19 | enforcement services,
but the support payments are made | ||||||
20 | through income withholding.
| ||||||
21 | (c) Support payments shall be made
to the State | ||||||
22 | Disbursement Unit if:
| ||||||
23 | (1) the order for support was entered before October 1, | ||||||
24 | 1999, and a party
to the order is receiving child support | ||||||
25 | enforcement services
under this Article X; or
|
| |||||||
| |||||||
1 | (2) no party to the order is receiving child support | ||||||
2 | enforcement services, and the support
payments are being | ||||||
3 | made through income withholding.
| ||||||
4 | (c-5) If no party to the order is receiving child support
| ||||||
5 | enforcement services under this Article X, and the support | ||||||
6 | payments are not
being made
through income withholding, then | ||||||
7 | support payments shall be made as directed in
the order for | ||||||
8 | support.
| ||||||
9 | (c-10) At any time, and notwithstanding the existence of an | ||||||
10 | order
directing payments
to be made elsewhere, the Department | ||||||
11 | of Healthcare and Family Services
Public Aid may provide notice | ||||||
12 | to the
obligor and, where applicable, to the obligor's payor:
| ||||||
13 | (1) to make support payments to the State Disbursement | ||||||
14 | Unit if:
| ||||||
15 | (A) a party to the order for support is receiving | ||||||
16 | child support
enforcement services under this Article | ||||||
17 | X; or
| ||||||
18 | (B) no party to the order for support is receiving | ||||||
19 | child support
enforcement services under this Article | ||||||
20 | X, but the support payments are
made through income | ||||||
21 | withholding; or
| ||||||
22 | (2) to make support payments to the State Disbursement | ||||||
23 | Unit of another
state upon request of another state's Title | ||||||
24 | IV-D child support enforcement
agency, in accordance with | ||||||
25 | the requirements of Title IV, Part D of the Social
Security | ||||||
26 | Act and regulations promulgated under that Part D.
|
| |||||||
| |||||||
1 | (c-15) Within 15 days after the effective date of this | ||||||
2 | amendatory Act of the
91st General Assembly, the clerk of the | ||||||
3 | circuit court shall provide written
notice to the obligor to | ||||||
4 | make payments
directly to the clerk of the circuit court if no | ||||||
5 | party to the order is
receiving child
support enforcement | ||||||
6 | services under this Article X, the support payments are
not | ||||||
7 | made
through income withholding, and the order for support | ||||||
8 | requires support payments
to
be made
directly to the clerk of | ||||||
9 | the
circuit court.
| ||||||
10 | (c-20) If the State Disbursement Unit receives a support | ||||||
11 | payment that was
not
appropriately made to the Unit under this | ||||||
12 | Section, the Unit shall immediately
return the
payment to the | ||||||
13 | sender, including, if possible, instructions detailing where | ||||||
14 | to
send the support payments.
| ||||||
15 | (d) The notices under subsections (c-10) and
(c-15) may be | ||||||
16 | sent by ordinary
mail, certified mail, return receipt | ||||||
17 | requested, facsimile transmission, or
other electronic | ||||||
18 | process, or may be served upon the obligor or payor using any
| ||||||
19 | method provided by law for service of a summons. A copy of the | ||||||
20 | notice shall be
provided to the obligee and, when the order for | ||||||
21 | support
was entered by the court, to the clerk of the court.
| ||||||
22 | (Source: P.A. 91-212, eff. 7-20-99; 91-677, eff. 1-5-00; | ||||||
23 | 92-590, eff. 7-1-02; revised 12-15-05.)
| ||||||
24 | (305 ILCS 5/10-15) (from Ch. 23, par. 10-15)
| ||||||
25 | Sec. 10-15. Enforcement of administrative order; costs and |
| |||||||
| |||||||
1 | fees. If
a responsible relative refuses, neglects, or fails to | ||||||
2 | comply with a final
administrative support or reimbursement | ||||||
3 | order of the Illinois Department
entered by the Child and | ||||||
4 | Spouse Support Unit pursuant to Sections 10-11 or
10-11.1 or | ||||||
5 | registered pursuant to Section 10-17.1, the Child and Spouse
| ||||||
6 | Support Unit may file suit against the responsible relative or | ||||||
7 | relatives to
secure compliance with the administrative order.
| ||||||
8 | Suits shall be instituted in the name of the People of the | ||||||
9 | State of
Illinois on the relation of the Department of | ||||||
10 | Healthcare and Family Services
Public Aid of the State of
| ||||||
11 | Illinois and the spouse or dependent children for whom the | ||||||
12 | support order
has been issued.
| ||||||
13 | The court shall order the payment of the support | ||||||
14 | obligation, or orders
for reimbursement of moneys for support | ||||||
15 | provided, directly to the Illinois
Department but the order | ||||||
16 | shall permit the Illinois Department to direct the
responsible | ||||||
17 | relative or relatives to make payments of support directly to
| ||||||
18 | the spouse or dependent children, or to some person or agency | ||||||
19 | in his or
their behalf, as provided in Section 10-8 or 10-10, | ||||||
20 | as applicable.
| ||||||
21 | Whenever it is determined in a proceeding to enforce an | ||||||
22 | administrative
order that the responsible relative is | ||||||
23 | unemployed, and support is sought on
behalf of applicants for | ||||||
24 | or recipients of financial aid under Article IV
of this Code or | ||||||
25 | other persons who are given access to the child
support | ||||||
26 | enforcement services of this Article as provided in Section |
| |||||||
| |||||||
1 | 10-1,
the court may
order the responsible relative to seek | ||||||
2 | employment and report periodically
to the court with a diary, | ||||||
3 | listing or other memorandum of his or her
efforts in accordance | ||||||
4 | with such order. In addition, the court may order
the | ||||||
5 | unemployed responsible relative to report to the Illinois | ||||||
6 | Department for
participation in job search, training or work | ||||||
7 | programs established under
Section 9-6 of this Code or to the | ||||||
8 | Illinois Department of Employment Security
for job search | ||||||
9 | services or to make application with the local Job
Training | ||||||
10 | Partnership Act provider for participation in job search, | ||||||
11 | training or
work programs.
| ||||||
12 | Charges imposed in accordance with the provisions of | ||||||
13 | Section 10-21
shall be enforced by the Court in a suit filed | ||||||
14 | under this Section.
| ||||||
15 | To the extent the provisions of this Section are | ||||||
16 | inconsistent with the
requirements pertaining to the State | ||||||
17 | Disbursement Unit under Sections 10-10.4
and 10-26 of this | ||||||
18 | Code, the requirements pertaining to the State Disbursement
| ||||||
19 | Unit shall apply.
| ||||||
20 | (Source: P.A. 91-212, eff. 7-20-99; 92-16, eff. 6-28-01; | ||||||
21 | 92-590, eff. 7-1-02; revised 12-15-05.)
| ||||||
22 | (305 ILCS 5/10-16.7) | ||||||
23 | Sec. 10-16.7. Child support enforcement debit | ||||||
24 | authorization. | ||||||
25 | (a) For purposes of this Section: |
| |||||||
| |||||||
1 | "Financial institution" and "account" are defined as set | ||||||
2 | forth in Section 10-24.
| ||||||
3 | "Payor" is defined as set forth in Section 15 of the Income | ||||||
4 | Withholding for Support Act.
| ||||||
5 | "Order for support" means any order for periodic payment of | ||||||
6 | funds to the State Disbursement Unit for the support of a child | ||||||
7 | or, where applicable, for support of a child and a parent with | ||||||
8 | whom the child resides, that is entered or modified under this | ||||||
9 | Code or under the Illinois Marriage and Dissolution of Marriage | ||||||
10 | Act, the Non-Support of Spouse and Children Act, the | ||||||
11 | Non-Support Punishment Act, or the Illinois Parentage Act of | ||||||
12 | 1984, or that is entered or registered for modification or | ||||||
13 | enforcement under the Uniform Interstate Family Support Act.
| ||||||
14 | "Obligor" means an individual who owes a duty to make | ||||||
15 | payments under an order for support in a case in which child | ||||||
16 | support enforcement services are being provided under this | ||||||
17 | Article X. | ||||||
18 | (b) The Department of Public Aid (now Healthcare and Family | ||||||
19 | Services) shall adopt a child support enforcement debit | ||||||
20 | authorization form that, upon being signed by an obligor, | ||||||
21 | authorizes a financial institution holding an account on the | ||||||
22 | obligor's behalf to debit the obligor's account periodically in | ||||||
23 | an amount equal to the amount of child support that the obligor | ||||||
24 | is required to pay periodically and transfer that amount to the | ||||||
25 | State Disbursement Unit. The form shall include instructions to | ||||||
26 | the financial institution concerning the debiting of accounts |
| |||||||
| |||||||
1 | held on behalf of obligors and the transfer of the debited | ||||||
2 | amounts to the State Disbursement Unit. In adopting the form, | ||||||
3 | the Department may consult with the Office of Banks and Real | ||||||
4 | Estate and the Department of Financial Institutions. The | ||||||
5 | Department must adopt the form within 6 months after the | ||||||
6 | effective date of this amendatory Act of the 93rd General | ||||||
7 | Assembly. Promptly after adopting the form, the Department must | ||||||
8 | notify each financial institution conducting business in this | ||||||
9 | State that the form has been adopted and is ready for use. | ||||||
10 | (c) An obligor who does not have a payor may sign a child | ||||||
11 | support debit authorization form adopted by the Department | ||||||
12 | under this Section. The obligor may sign a form in relation to | ||||||
13 | any or all of the financial institutions holding an account on | ||||||
14 | the obligor's behalf. Promptly after an obligor signs a child | ||||||
15 | support debit authorization form, the Department shall send the | ||||||
16 | original signed form to the appropriate financial institution. | ||||||
17 | Subject to subsection (e), upon receiving the form, the | ||||||
18 | financial institution shall debit the account and transfer the | ||||||
19 | debited amounts to the State Disbursement Unit according to the | ||||||
20 | instructions in the form. A financial institution that complies | ||||||
21 | with a child support debit authorization form signed by an | ||||||
22 | obligor and issued under this Section shall not be subject to | ||||||
23 | civil liability with respect to any individual or any agency.
| ||||||
24 | (d) The signing and issuance of a child support debit | ||||||
25 | authorization form under this Section does not relieve the | ||||||
26 | obligor from responsibility for compliance with any |
| |||||||
| |||||||
1 | requirement under the order for support.
| ||||||
2 | (e) A financial institution is obligated to debit the | ||||||
3 | account of an obligor pursuant to this Section only if or to | ||||||
4 | the extent:
| ||||||
5 | (1) the financial institution reasonably believes the | ||||||
6 | debit authorization form is a true and authentic original | ||||||
7 | document;
| ||||||
8 | (2) there are finally collected funds in the account; | ||||||
9 | and
| ||||||
10 | (3) the account is not subject to offsetting claims of | ||||||
11 | the financial institution, whether due at the time of | ||||||
12 | receipt of the debit authorization form or thereafter to | ||||||
13 | become due and whether liquidated or unliquidated. | ||||||
14 | To the extent the account of the obligor is pledged or held | ||||||
15 | by the financial institution as security for a loan or other | ||||||
16 | obligation, or that the financial institution has any other | ||||||
17 | claim or lien against the account, the financial institution is | ||||||
18 | entitled to retain the account.
| ||||||
19 | (Source: P.A. 93-736, eff. 7-14-04; revised 12-15-05.)
| ||||||
20 | (305 ILCS 5/10-17.9)
| ||||||
21 | Sec. 10-17.9. Past due support information to State | ||||||
22 | Department of Revenue.
| ||||||
23 | (a) The Illinois Department may provide by rule for | ||||||
24 | certification to the
Illinois Department of Revenue of past due | ||||||
25 | support owed by responsible
relatives under a support order |
| |||||||
| |||||||
1 | entered by a court or administrative body of
this or any other | ||||||
2 | State on behalf of resident or non-resident persons. The
rule | ||||||
3 | shall provide for notice to and an opportunity to be heard by | ||||||
4 | each
responsible relative affected. Any final administrative | ||||||
5 | decision rendered by
the Department shall be reviewed only | ||||||
6 | under and in accordance with the
Administrative Review Law. A | ||||||
7 | responsible relative may avoid certification to
the Illinois | ||||||
8 | Department of Revenue by establishing a satisfactory repayment
| ||||||
9 | record as determined by the Illinois Department of Healthcare | ||||||
10 | and Family Services
Public Aid .
| ||||||
11 | (b) A certified past due support amount shall be final. The | ||||||
12 | certified
amount shall be payable to the Illinois Department of | ||||||
13 | Revenue upon written
notification of the certification to the | ||||||
14 | responsible relative by the Illinois
Department of Revenue.
| ||||||
15 | (c) In the event a responsible relative overpays pursuant | ||||||
16 | to collection
under this Section and the applicable Sections of | ||||||
17 | the Illinois Income Tax Act,
the overpayment shall be a credit | ||||||
18 | against future support obligations. If the
current support | ||||||
19 | obligation of the responsible relative has terminated under
| ||||||
20 | operation of law or court order, any moneys overpaid but still | ||||||
21 | in the
possession of the Department shall be promptly returned | ||||||
22 | to the responsible
relative.
| ||||||
23 | (d) Except as otherwise provided in this Article, any child | ||||||
24 | support
delinquency certified to the Illinois Department of | ||||||
25 | Revenue shall be treated as
a child support delinquency for all | ||||||
26 | other purposes, and any collection action
by the State's |
| |||||||
| |||||||
1 | Attorney or the Illinois Department of Revenue with respect to
| ||||||
2 | any delinquency certified under this Article shall have the | ||||||
3 | same priority
against attachment, execution, assignment, or | ||||||
4 | other collection action as is
provided by any other provision | ||||||
5 | of State law.
| ||||||
6 | (e) Any child support delinquency collected by the Illinois | ||||||
7 | Department of
Revenue, including those amounts that result in | ||||||
8 | overpayment of a child support
delinquency, shall be paid to | ||||||
9 | the State Disbursement Unit established under
Section 10-26.
| ||||||
10 | (Source: P.A. 91-212, eff. 7-20-99; revised 12-15-05.)
| ||||||
11 | (305 ILCS 5/10-24.35)
| ||||||
12 | Sec. 10-24.35. Accommodation of financial institutions. | ||||||
13 | The Illinois
Department of Public Aid shall make a reasonable | ||||||
14 | effort to accommodate
those financial institutions on which the | ||||||
15 | requirements of this Article X
would impose a hardship. In the | ||||||
16 | case of a non-automated financial
institution,
a paper copy | ||||||
17 | including either social security numbers or tax identification
| ||||||
18 | numbers is an acceptable format. In order to allow for data | ||||||
19 | processing
implementation, no agreement shall become effective | ||||||
20 | earlier than 90 days after
its execution.
| ||||||
21 | (Source: P.A. 90-18, eff. 7-1-97; revised 12-15-05.)
| ||||||
22 | (305 ILCS 5/10-24.40)
| ||||||
23 | Sec. 10-24.40. Financial institution's charges on account.
| ||||||
24 | (a) If the Illinois Department of Public Aid requests a |
| |||||||
| |||||||
1 | financial
institution to hold or encumber assets in an account | ||||||
2 | as defined in Section
10-24, the financial institution at which | ||||||
3 | the account as defined in Section
10-24 is maintained may
| ||||||
4 | charge and collect its normally scheduled account activity fees | ||||||
5 | to maintain the
account during the period of time the account | ||||||
6 | assets are held or encumbered.
| ||||||
7 | (b) If the Illinois Department of Public Aid takes any | ||||||
8 | action to enforce
a lien or levy imposed on an account, as | ||||||
9 | defined in Section 10-24, under
Section 10-25.5, the financial | ||||||
10 | institution
at which the account is maintained may charge to | ||||||
11 | the account a fee of up to $50
and shall deduct the amount of | ||||||
12 | the fee from the account before
remitting any moneys from the | ||||||
13 | account to the Illinois Department of Public
Aid .
| ||||||
14 | (Source: P.A. 90-18, eff. 7-1-97; revised 12-15-05.)
| ||||||
15 | (305 ILCS 5/10-24.50)
| ||||||
16 | Sec. 10-24.50. Financial institution's freedom from | ||||||
17 | liability. A
financial institution that provides information | ||||||
18 | under Sections 10-24 through
10-24.50 shall not be liable to | ||||||
19 | any account holder, owner, or other person in
any civil, | ||||||
20 | criminal, or administrative action for any
of the following:
| ||||||
21 | (1) Disclosing the required information to the | ||||||
22 | Illinois Department of
Public Aid , any other provisions of | ||||||
23 | the law not withstanding.
| ||||||
24 | (2) Holding, encumbering, or surrendering any of an | ||||||
25 | individual's accounts
as defined in Section 10-24 in
|
| |||||||
| |||||||
1 | response to a lien or order to withhold and deliver issued | ||||||
2 | by:
| ||||||
3 | (A) the Illinois Department of Public Aid
under | ||||||
4 | Sections 10-25 and 10-25.5; or
| ||||||
5 | (B) a person or entity acting on behalf of the | ||||||
6 | Illinois Department of
Public Aid .
| ||||||
7 | (3) Any other action taken or omission made in good | ||||||
8 | faith to comply with
Sections 10-24
through 10-24.50, | ||||||
9 | including individual or mechanical errors, provided that | ||||||
10 | the
action or omission does not constitute gross negligence | ||||||
11 | or willful misconduct.
| ||||||
12 | (Source: P.A. 90-18, eff. 7-1-97; revised 12-15-05.)
| ||||||
13 | (305 ILCS 5/11-3) (from Ch. 23, par. 11-3)
| ||||||
14 | Sec. 11-3. Assignment and attachment of aid prohibited. | ||||||
15 | Except as provided
below in this
Section and in Section 11-3.3, | ||||||
16 | all financial aid given under
Articles III, IV, V, and VI and | ||||||
17 | money payments for child care
services
provided by a child care | ||||||
18 | provider under Articles
IX
and IXA shall not be subject to
| ||||||
19 | assignment,
sale,
attachment, garnishment, or otherwise. | ||||||
20 | Provided, however, that a medical
vendor may use his right to | ||||||
21 | receive vendor payments as collateral for loans
from financial | ||||||
22 | institutions so long as such arrangements do not constitute
any | ||||||
23 | activity prohibited under Section 1902(a)(32) of the Social | ||||||
24 | Security
Act and regulations promulgated thereunder, or any | ||||||
25 | other applicable laws or
regulations. Provided further, |
| |||||||
| |||||||
1 | however, that a medical or other vendor or a
service provider | ||||||
2 | may assign, reassign, sell, pledge or grant a security
interest | ||||||
3 | in any such financial aid, vendor payments or money payments or
| ||||||
4 | grants which he has a right to receive to the Illinois Finance
| ||||||
5 | Authority, in connection with any financing program undertaken | ||||||
6 | by the
Illinois Finance Authority, or to the Illinois
Finance | ||||||
7 | Authority, in connection with any financing program undertaken | ||||||
8 | by
the Illinois Finance Authority. Each Authority may utilize a
| ||||||
9 | trustee or agent to accept, accomplish, effectuate or realize | ||||||
10 | upon any such
assignment, reassignment, sale, pledge or grant | ||||||
11 | on that Authority's behalf.
Provided further, however, that | ||||||
12 | nothing herein shall prevent the Illinois
Department from | ||||||
13 | collecting any assessment, fee, interest or penalty due under
| ||||||
14 | Article V-A, V-B, V-C, or V-E by withholding financial aid as | ||||||
15 | payment of such
assessment, fee, interest, or penalty. Any | ||||||
16 | alienation in contravention of this
statute does not diminish | ||||||
17 | and does not affect the validity, legality or
enforceability of | ||||||
18 | any underlying obligations for which such alienation may
have | ||||||
19 | been made as collateral between the parties to the alienation. | ||||||
20 | This
amendatory Act shall be retroactive in application and | ||||||
21 | shall pertain to
obligations existing prior to its enactment.
| ||||||
22 | (Source: P.A. 92-111, eff. 1-1-02; 93-205 (Sections 890-25 and | ||||||
23 | 890-40), eff.
1-1-04; revised 9-23-03.)
| ||||||
24 | (305 ILCS 5/11-3.1) (from Ch. 23, par. 11-3.1)
| ||||||
25 | Sec. 11-3.1. Any recipient of financial aid which is |
| |||||||
| |||||||
1 | payable to the
recipient at regular intervals may elect to have | ||||||
2 | the aid deposited, and the
Illinois Department of Human | ||||||
3 | Services is authorized to deposit the aid,
directly in the
| ||||||
4 | recipient's savings account or checking account or in any | ||||||
5 | electronic
benefits transfer account or accounts in a financial | ||||||
6 | institution approved
by the Illinois Department of Human | ||||||
7 | Services and in accordance with the rules
and regulations
of | ||||||
8 | the Department of Human Services. The Illinois Department of | ||||||
9 | Human Services
and any electronic benefits
transfer financial | ||||||
10 | institutions or contractor shall encourage financial
| ||||||
11 | institutions to provide checking account and savings account | ||||||
12 | services to
recipients of public aid.
| ||||||
13 | Any recipient of financial aid or benefits distributed by | ||||||
14 | means other
than electronic benefits transfer under Articles | ||||||
15 | III, IV, and VI of this
Code may elect to receive the aid by | ||||||
16 | means of direct deposit transmittals
to his or her account | ||||||
17 | maintained at a bank, savings and loan association,
or credit | ||||||
18 | union or by means of electronic benefits transfer in a | ||||||
19 | financial
institution approved by the Illinois Department of | ||||||
20 | Human Services and in accordance with
rules and regulations of | ||||||
21 | the Illinois Department of Human Services. The Illinois | ||||||
22 | Department of Human Services
may distribute financial aid or | ||||||
23 | food stamp benefits by means of electronic
benefits transfer | ||||||
24 | and may require recipients to receive financial aid or
food | ||||||
25 | stamp benefits by means of electronic benefits transfer, | ||||||
26 | provided that
any electronic benefits transfer made under this |
| |||||||
| |||||||
1 | Section shall be
accomplished in compliance with the Electronic | ||||||
2 | Fund Transfer Act and any relevant rules promulgated | ||||||
3 | thereunder. The Illinois
Department of Human Services may | ||||||
4 | provide for a method of compensation for services in
accordance | ||||||
5 | with the rules and regulations of the Illinois Department of | ||||||
6 | Human Services, the
United States Department of Agriculture, | ||||||
7 | the United States Department of
Health and Human Services, and | ||||||
8 | the State Comptroller and the State
Treasurer. The Illinois | ||||||
9 | Department of Human Services shall require a
convenient density | ||||||
10 | of
distribution points for recipients of public aid to have | ||||||
11 | adequate options
to access aid held in an electronic benefits | ||||||
12 | transfer account. No fee may
be charged to recipients for | ||||||
13 | reasonable access to public aid benefits held
in such an | ||||||
14 | account. Deposits into a financial institution for electronic
| ||||||
15 | benefits transfer accounts shall be subject to community | ||||||
16 | reinvestment and
to serving public benefits recipients | ||||||
17 | pursuant to relevant criteria of the
State Treasurer, | ||||||
18 | Comptroller, and the Illinois Department of Human
Services.
The | ||||||
19 | Electronic Benefits Transfer Fund is hereby created for the | ||||||
20 | purpose of
electronically disbursing public aid benefits.
| ||||||
21 | The electronic benefits transfer contractor shall inform | ||||||
22 | the Department of
Human Services
whenever it has distributed | ||||||
23 | financial aid to individuals by means of electronic
benefits | ||||||
24 | transfer. The Illinois Department of Human Services shall | ||||||
25 | determine
the amount to be
reimbursed to the contractor and | ||||||
26 | shall direct the State Treasurer to transfer
this
portion of |
| |||||||
| |||||||
1 | the amount previously vouchered by the Department of Human | ||||||
2 | Services
and approved by
the Comptroller pursuant to Section | ||||||
3 | 9.05(c) of the State Comptroller Act to the
contractor from the | ||||||
4 | Electronic Benefits Transfer Fund created
under Section | ||||||
5 | 9.05(b) of the State Comptroller Act in accordance with the | ||||||
6 | rules
and regulations of the Illinois Department of Human | ||||||
7 | Services, the United
States Department of
Agriculture, the | ||||||
8 | United States
State Department of Health and Human Services, | ||||||
9 | the
State Comptroller, and the State Treasurer.
| ||||||
10 | (Source: P.A. 88-412; 89-310, eff. 1-1-96; 89-507, eff. 7-1-97; | ||||||
11 | revised 10-11-05.)
| ||||||
12 | (305 ILCS 5/11-3.3) (from Ch. 23, par. 11-3.3)
| ||||||
13 | Sec. 11-3.3. Payment to provider or governmental agency or | ||||||
14 | entity.
Payments under this Code shall be made to the | ||||||
15 | provider, except that the
Department may issue or may agree to | ||||||
16 | issue the payment directly to the
Illinois Finance Authority,
| ||||||
17 | the Illinois
Finance
Authority , or any other governmental | ||||||
18 | agency or entity, including any bond
trustee for that agency or | ||||||
19 | entity, to whom the provider has assigned,
reassigned, sold, | ||||||
20 | pledged or granted a security interest in the payments
that the | ||||||
21 | provider has a right to receive, provided that the issuance or
| ||||||
22 | agreement to issue is not prohibited under Section 1902(a)(32) | ||||||
23 | of the Social
Security Act.
| ||||||
24 | (Source: P.A. 93-205 (Sections 890-25 and 890-40), eff. 1-1-04; | ||||||
25 | revised
9-23-03.)
|
| |||||||
| |||||||
1 | (305 ILCS 5/11-9) (from Ch. 23, par. 11-9)
| ||||||
2 | Sec. 11-9. Protection of records - Exceptions. For the | ||||||
3 | protection of applicants and recipients, the Illinois | ||||||
4 | Department,
the county departments and local governmental | ||||||
5 | units and their respective
officers and employees are | ||||||
6 | prohibited, except as hereinafter provided, from
disclosing | ||||||
7 | the contents of any records, files, papers and communications,
| ||||||
8 | except for purposes directly connected with the administration | ||||||
9 | of public
aid under this Code.
| ||||||
10 | In any judicial proceeding, except a proceeding directly | ||||||
11 | concerned with
the administration of programs provided for in | ||||||
12 | this Code, such records,
files, papers and communications, and | ||||||
13 | their contents shall be deemed
privileged communications and | ||||||
14 | shall be disclosed only upon the order of the
court, where the | ||||||
15 | court finds such to be necessary in the interest of justice.
| ||||||
16 | The Illinois Department shall establish and enforce | ||||||
17 | reasonable rules and
regulations governing the custody, use and | ||||||
18 | preservation of the records,
papers, files, and communications | ||||||
19 | of the Illinois Department, the county
departments and local | ||||||
20 | governmental units receiving State or Federal funds
or aid. The | ||||||
21 | governing body of other local governmental units shall in like
| ||||||
22 | manner establish and enforce rules and regulations governing | ||||||
23 | the same matters.
| ||||||
24 | The contents of case files pertaining to recipients under | ||||||
25 | Articles IV, V,
and VI shall be made available without subpoena |
| |||||||
| |||||||
1 | or formal notice to the
officers of any court, to all law | ||||||
2 | enforcing agencies, and to such other persons
or
agencies as | ||||||
3 | from time to time may be authorized by any court.
In | ||||||
4 | particular, the contents of those case files shall be made | ||||||
5 | available upon
request to a law enforcement agency for the | ||||||
6 | purpose of determining the current
address of a recipient with | ||||||
7 | respect to whom an arrest warrant is outstanding,
and
the | ||||||
8 | current address of a recipient who was a victim of a felony or | ||||||
9 | a
witness to a felony shall be made available upon
request to a | ||||||
10 | State's Attorney of this State or a State's Attorney's
| ||||||
11 | investigator. Information shall also be disclosed to
the | ||||||
12 | Illinois State Scholarship
Commission pursuant to an | ||||||
13 | investigation or audit by the Illinois State
Scholarship | ||||||
14 | Commission of a delinquent student loan or monetary award.
| ||||||
15 | This Section does not prevent the Illinois Department and | ||||||
16 | local governmental
units from reporting to appropriate law | ||||||
17 | enforcement officials the desertion
or abandonment by a parent | ||||||
18 | of a child, as a result of which financial aid
has been | ||||||
19 | necessitated under Articles IV, V, or VI, or reporting
to
| ||||||
20 | appropriate law enforcement officials instances in which a | ||||||
21 | mother under
age 18 has a child out of wedlock and is an | ||||||
22 | applicant for or recipient of
aid under any Article of this | ||||||
23 | Code. The Illinois Department may provide
by rule for the | ||||||
24 | county departments and local governmental units to initiate
| ||||||
25 | proceedings under the Juvenile Court Act of 1987 to have | ||||||
26 | children declared
to be neglected when they deem
such action |
| |||||||
| |||||||
1 | necessary to protect the children from immoral influences
| ||||||
2 | present in their home or surroundings.
| ||||||
3 | This Section does not preclude the full exercise of the | ||||||
4 | powers of the Board
of Public Aid Commissioners to inspect | ||||||
5 | records and documents, as provided
for all advisory boards | ||||||
6 | pursuant to Section 5-505 of the
Departments of State | ||||||
7 | Government Law (20 ILCS 5/5-505).
| ||||||
8 | This Section does not preclude exchanges of information | ||||||
9 | among the Department of Healthcare and Family Services | ||||||
10 | (formerly Illinois
Department of Public Aid ) , the Department of | ||||||
11 | Human Services (as successor to the
Department of Public Aid), | ||||||
12 | and the Illinois Department of Revenue for the
purpose of | ||||||
13 | verifying sources and amounts of income and for other purposes
| ||||||
14 | directly connected with the administration of this Code and of | ||||||
15 | the Illinois
Income Tax Act.
| ||||||
16 | The provisions of this Section and of Section 11-11 as they | ||||||
17 | apply to
applicants and recipients of public aid under Article | ||||||
18 | V shall
be operative only to the extent that they do not | ||||||
19 | conflict with any Federal
law or regulation governing Federal | ||||||
20 | grants to this State for such programs.
| ||||||
21 | The Illinois Department of Healthcare and Family Services
| ||||||
22 | Public Aid and the Department of Human Services
(as successor | ||||||
23 | to the Illinois Department of Public Aid) shall enter into an
| ||||||
24 | inter-agency agreement with the
Department of Children and | ||||||
25 | Family Services to establish a procedure by which
employees of | ||||||
26 | the Department of Children and Family Services may have |
| |||||||
| |||||||
1 | immediate
access to records,
files, papers, and communications | ||||||
2 | (except medical, alcohol or drug assessment
or treatment, | ||||||
3 | mental health, or any other medical records) of the Illinois
| ||||||
4 | Department, county
departments, and local governmental units | ||||||
5 | receiving State or federal funds or
aid, if the Department of | ||||||
6 | Children and Family Services determines the
information is | ||||||
7 | necessary to perform its duties under the Abused and Neglected
| ||||||
8 | Child Reporting Act, the Child Care Act of 1969, and the | ||||||
9 | Children and Family
Services Act.
| ||||||
10 | (Source: P.A. 92-111, eff. 1-1-02; 93-311, eff. 1-1-04; revised | ||||||
11 | 12-15-05.)
| ||||||
12 | (305 ILCS 5/11-16) (from Ch. 23, par. 11-16)
| ||||||
13 | Sec. 11-16. Changes in grants; cancellations, revocations, | ||||||
14 | suspensions.
| ||||||
15 | (a) All grants of financial aid under this Code shall be | ||||||
16 | considered as
frequently as may be required by the rules of the | ||||||
17 | Illinois Department.
The Department of Healthcare and Family | ||||||
18 | Services
Public Aid shall consider grants of financial aid to
| ||||||
19 | children who are eligible under Article V of this Code at least | ||||||
20 | annually and
shall take into account those reports filed, or | ||||||
21 | required to be filed, pursuant
to Sections 11-18 and 11-19.
| ||||||
22 | After such investigation as may be necessary, the amount and | ||||||
23 | manner of
giving aid may be changed or the aid may be entirely | ||||||
24 | withdrawn if the
County Department, local governmental unit, or | ||||||
25 | Illinois Department finds
that the recipient's circumstances |
| |||||||
| |||||||
1 | have altered sufficiently to warrant
such action. Financial aid | ||||||
2 | may at any time be canceled or revoked for cause
or suspended | ||||||
3 | for such period as may be proper.
| ||||||
4 | (b) Whenever any such grant of financial aid is cancelled, | ||||||
5 | revoked,
reduced, or terminated because of the failure of the | ||||||
6 | recipient to cooperate
with the Department, including but not | ||||||
7 | limited to the failure to keep an
appointment, attend a | ||||||
8 | meeting, or produce proof or verification of
eligibility or | ||||||
9 | need, the grant shall be reinstated in full, retroactive to
the | ||||||
10 | date of the change in or termination of the grant, provided | ||||||
11 | that within
10 working days after the first day the financial | ||||||
12 | aid would have been
available, the recipient cooperates with | ||||||
13 | the Department and is not
otherwise ineligible for benefits for | ||||||
14 | the period in question. This
subsection (b) does not apply to | ||||||
15 | sanctions imposed for the failure of any
recipient to | ||||||
16 | participate as required in the child support enforcement
| ||||||
17 | program or in any educational, training, or employment program | ||||||
18 | under this
Code or any other sanction under Section 4-21, nor | ||||||
19 | does this subsection (b)
apply to any cancellation, revocation,
| ||||||
20 | reduction, termination, or sanction imposed for the failure of | ||||||
21 | any recipient to
cooperate in the monthly reporting process or | ||||||
22 | the quarterly reporting
process.
| ||||||
23 | (Source: P.A. 91-357, eff. 7-29-99; 92-597, eff. 6-28-02; | ||||||
24 | revised 12-15-05.)
| ||||||
25 | (305 ILCS 5/12-1) (from Ch. 23, par. 12-1)
|
| |||||||
| |||||||
1 | Sec. 12-1. Administration of Code; Illinois Department of | ||||||
2 | Healthcare and Family Services
Public Aid .
| ||||||
3 | (a) This Code shall be administered by the Department of | ||||||
4 | Human
Services and the Department of Healthcare and Family | ||||||
5 | Services (formerly Illinois Department of Public
Aid )
as | ||||||
6 | provided in the Department of Human Services Act.
| ||||||
7 | (b) The Department of Healthcare and Family Services
Public | ||||||
8 | Aid shall be under the supervision and
direction of the
| ||||||
9 | Director of Healthcare and Family Services
Public Aid , as | ||||||
10 | provided in Section 5-20 of the
Departments of State Government | ||||||
11 | Law (20 ILCS 5/5-20). The Director shall be appointed pursuant
| ||||||
12 | to the
provisions of Section 5-605 and meet the qualifications | ||||||
13 | of Section
5-230 of
that Law.
| ||||||
14 | The Assistant Director of Healthcare and Family Services
| ||||||
15 | Public Aid , created by Section 5-165
of the
Departments of | ||||||
16 | State Government Law (20 ILCS 5/5-165), shall be appointed | ||||||
17 | pursuant to the
provisions
of Section 5-605 of that Law and | ||||||
18 | shall meet the
qualifications
prescribed in
Section 5-230 of | ||||||
19 | that Law.
| ||||||
20 | The salaries of the Director and the Assistant Director | ||||||
21 | shall be those
specified in Section 5-395 of the Departments of | ||||||
22 | State
Government Law (20 ILCS 5/5-395).
| ||||||
23 | The Illinois Department of Healthcare and Family Services
| ||||||
24 | Public Aid and the Director of Healthcare and Family Services
| ||||||
25 | Public Aid
shall comply with
other provisions of the Civil | ||||||
26 | Administrative Code of Illinois which are
generally
applicable |
| |||||||
| |||||||
1 | to the several departments of the State Government created by
| ||||||
2 | that Code.
| ||||||
3 | (Source: P.A. 91-239, eff. 1-1-00; revised 12-15-05.)
| ||||||
4 | (305 ILCS 5/12-4.7c)
| ||||||
5 | Sec. 12-4.7c. Exchange of information after July 1, 1997.
| ||||||
6 | (a) The Department of Human Services shall exchange with | ||||||
7 | the
Illinois Department of Healthcare and Family Services
| ||||||
8 | Public Aid information
that may be necessary for the | ||||||
9 | enforcement of child support orders
entered pursuant to | ||||||
10 | Sections 10-10 and 10-11 of this Code or pursuant to
the | ||||||
11 | Illinois Marriage and Dissolution of Marriage Act, the | ||||||
12 | Non-Support
of Spouse and Children Act, the Non-Support | ||||||
13 | Punishment Act, the Revised
Uniform Reciprocal Enforcement of
| ||||||
14 | Support Act, the Uniform Interstate Family Support Act,
or the | ||||||
15 | Illinois Parentage Act of 1984.
| ||||||
16 | (b) Notwithstanding any provisions in this Code to the | ||||||
17 | contrary,
the Department of Human Services shall not be liable
| ||||||
18 | to any person for any disclosure of information to the
| ||||||
19 | Department of Healthcare and Family Services (formerly
| ||||||
20 | Illinois Department of Public Aid ) under subsection (a)
or for | ||||||
21 | any other
action taken in good faith to comply with the | ||||||
22 | requirements of subsection
(a).
| ||||||
23 | (Source: P.A. 90-18, eff. 7-1-97; 91-613, eff. 10-1-99; revised | ||||||
24 | 12-15-05.)
|
| |||||||
| |||||||
1 | (305 ILCS 5/12-4.35)
| ||||||
2 | Sec. 12-4.35. Medical services for certain noncitizens.
| ||||||
3 | (a) Notwithstanding
Section 1-11 of this Code or Section | ||||||
4 | 20(a) of the Children's Health Insurance
Program Act, the | ||||||
5 | Department of Healthcare and Family Services
Public Aid may | ||||||
6 | provide medical services to
noncitizens who have not yet | ||||||
7 | attained 19 years of age and who are not eligible
for medical | ||||||
8 | assistance under Article V of this Code or under the Children's
| ||||||
9 | Health Insurance Program created by the Children's Health | ||||||
10 | Insurance Program Act
due to their not meeting the otherwise | ||||||
11 | applicable provisions of Section 1-11
of this Code or Section | ||||||
12 | 20(a) of the Children's Health Insurance Program Act.
The | ||||||
13 | medical services available, standards for eligibility, and | ||||||
14 | other conditions
of participation under this Section shall be | ||||||
15 | established by rule by the
Department; however, any such rule | ||||||
16 | shall be at least as restrictive as the
rules for medical | ||||||
17 | assistance under Article V of this Code or the Children's
| ||||||
18 | Health Insurance Program created by the Children's Health | ||||||
19 | Insurance Program
Act.
| ||||||
20 | (b) The Department is authorized to take any action, | ||||||
21 | including without
limitation cessation of enrollment, | ||||||
22 | reduction of available medical services,
and changing | ||||||
23 | standards for eligibility, that is deemed necessary by the
| ||||||
24 | Department during a State fiscal year to assure that payments | ||||||
25 | under this
Section do not exceed available funds.
| ||||||
26 | (c) Continued enrollment of
individuals into the program |
| |||||||
| |||||||
1 | created under this Section in any fiscal year is
contingent | ||||||
2 | upon continued enrollment of individuals into the Children's | ||||||
3 | Health
Insurance Program during that fiscal year.
| ||||||
4 | (d) (Blank).
| ||||||
5 | (Source: P.A. 94-48, eff. 7-1-05; revised 12-15-05.)
| ||||||
6 | (305 ILCS 5/12-4.201)
| ||||||
7 | Sec. 12-4.201. (a) Data warehouse concerning medical and | ||||||
8 | related
services. The Illinois Department of Healthcare and | ||||||
9 | Family Services
Public Aid may purchase services and
materials | ||||||
10 | associated with the costs of developing and implementing a data
| ||||||
11 | warehouse comprised of management and decision making | ||||||
12 | information in
regard to the liability associated with, and | ||||||
13 | utilization of, medical and
related services, out of moneys | ||||||
14 | available for that purpose. | ||||||
15 | (b) The Department of Healthcare and Family Services
Public | ||||||
16 | Aid shall perform all necessary administrative functions to | ||||||
17 | expand its linearly-scalable data warehouse to encompass other | ||||||
18 | healthcare data sources at both the Department of Human | ||||||
19 | Services and the Department of Public Health. The Department of | ||||||
20 | Healthcare and Family Services
Public Aid shall leverage the | ||||||
21 | inherent capabilities of the data warehouse to accomplish this | ||||||
22 | expansion with marginal additional technical administration. | ||||||
23 | The purpose of
this expansion is to allow for programmatic | ||||||
24 | review and analysis including the interrelatedness among the | ||||||
25 | various healthcare programs in order to ascertain |
| |||||||
| |||||||
1 | effectiveness toward, and ultimate impact on, clients. | ||||||
2 | Beginning
July 1, 2005, the Department of Healthcare and Family | ||||||
3 | Services (formerly Department of Public Aid ) shall supply | ||||||
4 | quarterly reports to the Commission on Government Forecasting | ||||||
5 | and Accountability detailing progress toward this mandate.
| ||||||
6 | (Source: P.A. 94-267, eff. 7-19-05; revised 12-15-05.)
| ||||||
7 | (305 ILCS 5/12-9) (from Ch. 23, par. 12-9)
| ||||||
8 | Sec. 12-9. Public Aid Recoveries Trust Fund; uses. The | ||||||
9 | Public Aid Recoveries Trust Fund shall consist of (1)
| ||||||
10 | recoveries by the Department of Healthcare and Family Services | ||||||
11 | (formerly Illinois Department of Public Aid ) authorized by this | ||||||
12 | Code
in respect to applicants or recipients under Articles III, | ||||||
13 | IV, V, and VI,
including recoveries made by the Department of | ||||||
14 | Healthcare and Family Services (formerly Illinois Department | ||||||
15 | of Public
Aid ) from the estates of deceased recipients, (2) | ||||||
16 | recoveries made by the
Department of Healthcare and Family | ||||||
17 | Services (formerly Illinois Department of Public Aid ) in | ||||||
18 | respect to applicants and recipients under
the Children's | ||||||
19 | Health Insurance Program, and (3) federal funds received on
| ||||||
20 | behalf of and earned by State universities and local | ||||||
21 | governmental entities
for services provided to
applicants or | ||||||
22 | recipients covered under this Code. The Fund shall be held
as a | ||||||
23 | special fund in the State Treasury.
| ||||||
24 | Disbursements from this Fund shall be only (1) for the | ||||||
25 | reimbursement of
claims collected by the Department of |
| |||||||
| |||||||
1 | Healthcare and Family Services (formerly Illinois Department | ||||||
2 | of Public Aid ) through error
or mistake, (2) for payment to | ||||||
3 | persons or agencies designated as payees or
co-payees on any | ||||||
4 | instrument, whether or not negotiable, delivered to the
| ||||||
5 | Department of Healthcare and Family Services (formerly
| ||||||
6 | Illinois Department of Public Aid ) as a recovery under this | ||||||
7 | Section, such
payment to be in proportion to the respective | ||||||
8 | interests of the payees in the
amount so collected, (3) for | ||||||
9 | payments to the Department of Human Services
for collections | ||||||
10 | made by the Department of Healthcare and Family Services | ||||||
11 | (formerly Illinois Department of Public Aid ) on behalf of
the | ||||||
12 | Department of Human Services under this Code, (4) for payment | ||||||
13 | of
administrative expenses incurred in performing the
| ||||||
14 | activities authorized under this Code, (5)
for payment of fees | ||||||
15 | to persons or agencies in the performance of activities
| ||||||
16 | pursuant to the collection of monies owed the State that are | ||||||
17 | collected
under this Code, (6) for payments of any amounts | ||||||
18 | which are
reimbursable to the federal government which are | ||||||
19 | required to be paid by State
warrant by either the State or | ||||||
20 | federal government, and (7) for payments
to State universities | ||||||
21 | and local governmental entities of federal funds for
services | ||||||
22 | provided to
applicants or recipients covered under this Code. | ||||||
23 | Disbursements
from this Fund for purposes of items (4) and (5) | ||||||
24 | of this
paragraph shall be subject to appropriations from the | ||||||
25 | Fund to the Department of Healthcare and Family Services | ||||||
26 | (formerly Illinois
Department of Public Aid ) .
|
| |||||||
| |||||||
1 | The balance in this Fund on the first day of each calendar | ||||||
2 | quarter, after
payment therefrom of any amounts reimbursable to | ||||||
3 | the federal government, and
minus the amount reasonably | ||||||
4 | anticipated to be needed to make the disbursements
during that | ||||||
5 | quarter authorized by this Section, shall be certified by the
| ||||||
6 | Director of Healthcare and Family Services
the Illinois | ||||||
7 | Department of Public Aid and transferred by the
State | ||||||
8 | Comptroller to the Drug Rebate Fund or the General Revenue Fund | ||||||
9 | in
the State Treasury, as appropriate, within 30 days of the | ||||||
10 | first day of
each calendar quarter.
| ||||||
11 | On July 1, 1999, the State Comptroller shall transfer the | ||||||
12 | sum of $5,000,000
from the Public Aid Recoveries Trust Fund | ||||||
13 | (formerly the Public Assistance
Recoveries Trust Fund) into the | ||||||
14 | DHS Recoveries Trust Fund.
| ||||||
15 | (Source: P.A. 92-10, eff. 6-11-01;
92-16, eff. 6-28-01; 93-20, | ||||||
16 | eff. 6-20-03; revised 12-15-05.)
| ||||||
17 | (305 ILCS 5/12-10.2a)
| ||||||
18 | Sec. 12-10.2a. Child Support Administrative Fund.
| ||||||
19 | (a) Beginning July 1, 2002, the Child Support | ||||||
20 | Administrative Fund is created
as a special fund in
the State | ||||||
21 | treasury. Moneys in the Fund may be used, subject to | ||||||
22 | appropriation,
only for the Department of Healthcare and Family | ||||||
23 | Services' (formerly Department of Public Aid's ) child support | ||||||
24 | administrative expenses,
as defined in this Section.
| ||||||
25 | (a-5) Moneys in the Child Support Administrative Fund shall |
| |||||||
| |||||||
1 | consist of the
following:
| ||||||
2 | (1) all federal grants received by the Illinois | ||||||
3 | Department funded by
Title IV-D of the Social Security Act, | ||||||
4 | except those federal funds received
under
the Title IV-D | ||||||
5 | program as reimbursement for expenditures from the General
| ||||||
6 | Revenue Fund;
| ||||||
7 | (2) incentive payments received by the Illinois | ||||||
8 | Department from other
states or political subdivisions of | ||||||
9 | other states for the enforcement and
collection
by the | ||||||
10 | Department of an assigned child support obligation in | ||||||
11 | behalf of those
other
states or their political | ||||||
12 | subdivisions pursuant to the provisions of Title IV-D
of | ||||||
13 | the
Social Security Act;
| ||||||
14 | (3) incentive payments retained by the Illinois | ||||||
15 | Department from the
amounts that otherwise would be paid to | ||||||
16 | the federal government to reimburse the
federal | ||||||
17 | government's share of the support collection for the | ||||||
18 | Department's
enforcement and collection of an assigned | ||||||
19 | support obligation on behalf of the
State of Illinois | ||||||
20 | pursuant to the provisions of Title IV-D of the Social
| ||||||
21 | Security
Act;
| ||||||
22 | (4) all fees charged by the Department for child | ||||||
23 | support enforcement
services, as authorized under Title | ||||||
24 | IV-D of the Social Security Act and Section
10-1 of this | ||||||
25 | Code, and any other fees, costs, fines, recoveries, or | ||||||
26 | penalties
provided for by State or federal law and received |
| |||||||
| |||||||
1 | by the Department under the
Child Support Enforcement | ||||||
2 | Program established by Title IV-D of the Social
Security | ||||||
3 | Act;
| ||||||
4 | (5) all amounts appropriated by the General Assembly | ||||||
5 | for deposit into
the Child Support Administrative Fund; and
| ||||||
6 | (6) any gifts, grants, donations, or awards from | ||||||
7 | individuals, private
businesses, nonprofit associations, | ||||||
8 | and governmental entities.
| ||||||
9 | (a-10) The moneys identified in subsection (a-5) of this | ||||||
10 | Section shall
include
moneys receipted on or after July 1, | ||||||
11 | 2002, regardless of the fiscal year in
which the
moneys were | ||||||
12 | earned.
| ||||||
13 | (b) As used in this Section, "child support administrative | ||||||
14 | expenses" means
administrative expenses, including payment to | ||||||
15 | the Health Insurance Reserve Fund
for group insurance costs at | ||||||
16 | the rate certified by the Department of Central
Management | ||||||
17 | Services, except those required to be paid from the General | ||||||
18 | Revenue
Fund, including personal and contractual services, | ||||||
19 | incurred by the Department of Healthcare and Family Services | ||||||
20 | (formerly Department
of Public Aid ) , either directly or under | ||||||
21 | its contracts with SDU contractors as
defined in Section | ||||||
22 | 10-26.2, in performing activities authorized
by Article X of | ||||||
23 | this Code, and including appropriations to other State
agencies | ||||||
24 | or offices. The term includes expenses incurred by the
| ||||||
25 | Department of Healthcare and Family Services (formerly
| ||||||
26 | Department of Public Aid ) in administering the Child Support |
| |||||||
| |||||||
1 | Enforcement Trust
Fund and the State Disbursement Unit | ||||||
2 | Revolving Fund.
| ||||||
3 | (c) Child support administrative expenses incurred in | ||||||
4 | fiscal year 2003 or
thereafter shall be paid only from moneys | ||||||
5 | appropriated
from
the Child Support Administrative Fund.
| ||||||
6 | (d) Before April 1, 2003 and before April 1 of each year | ||||||
7 | thereafter, the
Department of Healthcare and Family Services | ||||||
8 | (formerly Department of Public Aid ) shall provide notification | ||||||
9 | to the General Assembly of
the
amount of
the Department's child | ||||||
10 | support administrative expenses expected to be incurred
during | ||||||
11 | the fiscal year beginning on the next July 1, including the | ||||||
12 | estimated
amount required for the operation of the State
| ||||||
13 | Disbursement Unit, which shall be separately identified in the | ||||||
14 | annual
administrative appropriation.
| ||||||
15 | (e) For the fiscal year beginning July 1, 2002 and for each | ||||||
16 | fiscal year
thereafter, the State Comptroller and the State | ||||||
17 | Treasurer shall transfer from
the Child Support Enforcement | ||||||
18 | Trust Fund to the Child Support Administrative
Fund amounts as | ||||||
19 | determined by the Department necessary to enable the Department
| ||||||
20 | to meet its child support
administrative expenses for the | ||||||
21 | then-current fiscal year. For any fiscal year,
the State | ||||||
22 | Comptroller and the State Treasurer may not transfer more than | ||||||
23 | the
total amount appropriated for the Department's child | ||||||
24 | support
administrative expenses for that fiscal year.
| ||||||
25 | (f) By December 1, 2001, the Illinois Department shall | ||||||
26 | provide a corrective
action plan to the General Assembly |
| |||||||
| |||||||
1 | regarding the establishment of accurate
accounts in the Child | ||||||
2 | Support Enforcement Trust Fund. The plan shall include
those | ||||||
3 | tasks that may be required to establish accurate accounts, the | ||||||
4 | estimated
time for completion of each of those tasks and the | ||||||
5 | plan, and the estimated cost
for completion of each of the | ||||||
6 | tasks and the plan.
| ||||||
7 | (Source: P.A. 92-44, eff. 7-1-01; 92-570, eff. 6-26-02; revised | ||||||
8 | 12-15-05.)
| ||||||
9 | (305 ILCS 5/12-10.4)
| ||||||
10 | Sec. 12-10.4. Juvenile Rehabilitation Services Medicaid | ||||||
11 | Matching Fund.
There is created in the State Treasury the | ||||||
12 | Juvenile Rehabilitation Services
Medicaid Matching Fund. | ||||||
13 | Deposits to this Fund shall consist of all moneys
received from | ||||||
14 | the federal government for behavioral health services secured | ||||||
15 | by
counties under the Medicaid Rehabilitation Option pursuant | ||||||
16 | to Title XIX of the
Social Security Act or under the Children's | ||||||
17 | Health Insurance Program pursuant
to the Children's Health | ||||||
18 | Insurance Program Act and Title XXI of the Social
Security Act | ||||||
19 | for minors who are committed to mental health facilities by the
| ||||||
20 | Illinois court system and for residential placements secured by | ||||||
21 | the
Department of Juvenile Justice for minors as a condition of | ||||||
22 | their parole.
| ||||||
23 | Disbursements from the Fund shall be made, subject to | ||||||
24 | appropriation, by the
Illinois Department of Healthcare and | ||||||
25 | Family Services
Public Aid for grants to the Department of |
| |||||||
| |||||||
1 | Juvenile Justice
and those counties which secure behavioral | ||||||
2 | health services ordered by the
courts and which have an | ||||||
3 | interagency agreement with the Department and submit
detailed | ||||||
4 | bills according to standards determined by the Department.
| ||||||
5 | (Source: P.A. 94-696, eff. 6-1-06; revised 9-14-06.)
| ||||||
6 | (305 ILCS 5/12-10.5)
| ||||||
7 | Sec. 12-10.5. Medical Special Purposes Trust Fund.
| ||||||
8 | (a) The Medical Special Purposes Trust Fund ("the Fund") is | ||||||
9 | created.
Any grant, gift, donation, or legacy of money or | ||||||
10 | securities that the
Department of Healthcare and Family | ||||||
11 | Services
Public Aid is authorized to receive under Section | ||||||
12 | 12-4.18 or
Section 12-4.19, and that is dedicated for functions | ||||||
13 | connected with the
administration of any medical program | ||||||
14 | administered by the Department, shall
be deposited into the | ||||||
15 | Fund. All federal moneys received by the Department as
| ||||||
16 | reimbursement for disbursements authorized to be made from the | ||||||
17 | Fund shall also
be deposited into the Fund. In addition, | ||||||
18 | federal moneys received on account
of State expenditures made | ||||||
19 | in connection with obtaining compliance with the
federal Health | ||||||
20 | Insurance Portability and Accountability Act (HIPAA) shall be
| ||||||
21 | deposited into the Fund.
| ||||||
22 | (b) No moneys received from a service provider or a | ||||||
23 | governmental or private
entity that is enrolled with the | ||||||
24 | Department as a provider of medical services
shall be deposited | ||||||
25 | into the Fund.
|
| |||||||
| |||||||
1 | (c) Disbursements may be made from the Fund for the | ||||||
2 | purposes connected with
the grants, gifts, donations, or | ||||||
3 | legacies deposited into the Fund, including,
but not limited | ||||||
4 | to, medical quality assessment projects, eligibility | ||||||
5 | population
studies, medical information systems evaluations, | ||||||
6 | and other administrative
functions that assist the Department | ||||||
7 | in fulfilling its health care mission
under the Illinois Public | ||||||
8 | Aid Code and the Children's Health Insurance Program
Act.
| ||||||
9 | (Source: P.A. 92-37, eff. 7-1-01; 92-597, eff. 6-28-02; 92-651, | ||||||
10 | eff.
7-11-02; revised 12-15-05.)
| ||||||
11 | (305 ILCS 5/12-13.1)
| ||||||
12 | Sec. 12-13.1. Inspector General.
| ||||||
13 | (a) The Governor shall appoint, and the Senate shall | ||||||
14 | confirm, an Inspector
General who shall function within the | ||||||
15 | Illinois Department of Public Aid (now Healthcare and Family | ||||||
16 | Services) and
report to the Governor. The term of the Inspector | ||||||
17 | General shall expire on the
third Monday of January, 1997 and | ||||||
18 | every 4 years thereafter.
| ||||||
19 | (b) In order to prevent, detect, and eliminate fraud, | ||||||
20 | waste, abuse,
mismanagement, and misconduct, the Inspector | ||||||
21 | General shall oversee the
Illinois Department of Healthcare and | ||||||
22 | Family Services'
Public Aid's integrity
functions, which | ||||||
23 | include, but are not limited to, the following:
| ||||||
24 | (1) Investigation of misconduct by employees, vendors, | ||||||
25 | contractors and
medical providers.
|
| |||||||
| |||||||
1 | (2) Audits of medical providers related to ensuring | ||||||
2 | that appropriate
payments are made for services rendered | ||||||
3 | and to the recovery of overpayments.
| ||||||
4 | (3) Monitoring of quality assurance programs generally | ||||||
5 | related to the
medical assistance program and specifically | ||||||
6 | related to any managed care
program.
| ||||||
7 | (4) Quality control measurements of the programs | ||||||
8 | administered by the
Illinois Department of Healthcare and | ||||||
9 | Family Services
Public Aid .
| ||||||
10 | (5) Investigations of fraud or intentional program | ||||||
11 | violations committed by
clients of the Illinois Department | ||||||
12 | of Healthcare and Family Services
Public Aid .
| ||||||
13 | (6) Actions initiated against contractors or medical | ||||||
14 | providers for any of
the following reasons:
| ||||||
15 | (A) Violations of the medical assistance program.
| ||||||
16 | (B) Sanctions against providers brought in | ||||||
17 | conjunction with the
Department of Public Health or the | ||||||
18 | Department of Human Services (as successor
to the | ||||||
19 | Department of Mental Health and Developmental | ||||||
20 | Disabilities).
| ||||||
21 | (C) Recoveries of assessments against hospitals | ||||||
22 | and long-term care
facilities.
| ||||||
23 | (D) Sanctions mandated by the United States | ||||||
24 | Department of Health and
Human Services against | ||||||
25 | medical providers.
| ||||||
26 | (E) Violations of contracts related to any managed |
| |||||||
| |||||||
1 | care programs.
| ||||||
2 | (7) Representation of the Illinois Department of | ||||||
3 | Healthcare and Family Services
Public Aid at
hearings with | ||||||
4 | the Illinois Department of Professional Regulation in | ||||||
5 | actions
taken against professional licenses held by | ||||||
6 | persons who are in violation of
orders for child support | ||||||
7 | payments.
| ||||||
8 | (b-5) At the request of the Secretary of Human Services, | ||||||
9 | the Inspector
General shall, in relation to any function | ||||||
10 | performed by the Department of Human
Services as successor to | ||||||
11 | the Department of Public Aid, exercise one or more
of the | ||||||
12 | powers provided under this Section as if those powers related | ||||||
13 | to the
Department of Human Services; in such matters, the | ||||||
14 | Inspector General shall
report his or her findings to the | ||||||
15 | Secretary of Human Services.
| ||||||
16 | (c) The Inspector General shall have access to all | ||||||
17 | information, personnel
and facilities of the Illinois
| ||||||
18 | Department of Healthcare and Family Services
Public Aid and the | ||||||
19 | Department of
Human Services (as successor to the Department of | ||||||
20 | Public Aid), their employees, vendors, contractors and medical | ||||||
21 | providers and any federal,
State or local governmental agency | ||||||
22 | that are necessary to perform the duties of
the Office as | ||||||
23 | directly related to public assistance programs administered by
| ||||||
24 | those departments. No medical provider shall
be compelled, | ||||||
25 | however, to provide individual medical records of patients who
| ||||||
26 | are not clients of the Medical Assistance Program. State and |
| |||||||
| |||||||
1 | local
governmental agencies are authorized and directed to | ||||||
2 | provide the requested
information, assistance or cooperation.
| ||||||
3 | (d) The Inspector General shall serve as the Illinois
| ||||||
4 | Department of Healthcare and Family Services'
Public
Aid's
| ||||||
5 | primary liaison with law enforcement,
investigatory and | ||||||
6 | prosecutorial agencies, including but not limited to the
| ||||||
7 | following:
| ||||||
8 | (1) The Department of State Police.
| ||||||
9 | (2) The Federal Bureau of Investigation and other | ||||||
10 | federal law enforcement
agencies.
| ||||||
11 | (3) The various Inspectors General of federal agencies | ||||||
12 | overseeing the
programs administered by the Illinois
| ||||||
13 | Department of Healthcare and Family Services
Public Aid .
| ||||||
14 | (4) The various Inspectors General of any other State | ||||||
15 | agencies with
responsibilities for portions of programs | ||||||
16 | primarily administered by the
Illinois Department of | ||||||
17 | Healthcare and Family Services
Public Aid .
| ||||||
18 | (5) The Offices of the several United States Attorneys | ||||||
19 | in Illinois.
| ||||||
20 | (6) The several State's Attorneys.
| ||||||
21 | The Inspector General shall meet on a regular basis with | ||||||
22 | these entities to
share information regarding possible | ||||||
23 | misconduct by any persons or entities
involved with the public | ||||||
24 | aid programs administered by the Illinois Department
of | ||||||
25 | Healthcare and Family Services
Public Aid .
| ||||||
26 | (e) All investigations conducted by the Inspector General |
| |||||||
| |||||||
1 | shall be conducted
in a manner that ensures the preservation of | ||||||
2 | evidence for use in criminal
prosecutions. If the Inspector | ||||||
3 | General determines that a possible criminal act
relating to | ||||||
4 | fraud in the provision or administration of the medical | ||||||
5 | assistance
program has been committed, the Inspector General | ||||||
6 | shall immediately notify the
Medicaid Fraud Control Unit. If | ||||||
7 | the Inspector General determines that a
possible criminal act | ||||||
8 | has been committed within the jurisdiction of the Office,
the | ||||||
9 | Inspector General may request the special expertise of the | ||||||
10 | Department of
State Police. The Inspector General may present | ||||||
11 | for prosecution the findings
of any criminal investigation to | ||||||
12 | the Office of the Attorney General, the
Offices of the several | ||||||
13 | United States
State Attorneys in Illinois or the several
| ||||||
14 | State's Attorneys.
| ||||||
15 | (f) To carry out his or her duties as described in this | ||||||
16 | Section, the
Inspector General and his or her designees shall | ||||||
17 | have the power to compel
by subpoena the attendance and | ||||||
18 | testimony of witnesses and the production
of books, electronic | ||||||
19 | records and papers as directly related to public
assistance | ||||||
20 | programs administered by the Illinois Department of Healthcare | ||||||
21 | and Family Services
Public Aid or
the Department of Human | ||||||
22 | Services (as successor to the Department of Public
Aid). No | ||||||
23 | medical provider shall be compelled, however, to provide | ||||||
24 | individual
medical records of patients who are not clients of | ||||||
25 | the Medical Assistance
Program.
| ||||||
26 | (g) The Inspector General shall report all convictions, |
| |||||||
| |||||||
1 | terminations, and
suspensions taken against vendors, | ||||||
2 | contractors and medical providers to the
Illinois Department of | ||||||
3 | Healthcare and Family Services
Public Aid and to any agency | ||||||
4 | responsible for
licensing or regulating those persons or | ||||||
5 | entities.
| ||||||
6 | (h) The Inspector General shall make annual
reports, | ||||||
7 | findings, and recommendations regarding the Office's | ||||||
8 | investigations
into reports of fraud, waste, abuse, | ||||||
9 | mismanagement, or misconduct relating to
any public aid | ||||||
10 | programs administered by the Illinois Department
of Healthcare | ||||||
11 | and Family Services
Public Aid or the Department of Human | ||||||
12 | Services (as successor to the
Department of Public Aid) to the | ||||||
13 | General Assembly and the Governor. These
reports shall include, | ||||||
14 | but not be limited to, the following information:
| ||||||
15 | (1) Aggregate provider billing and payment | ||||||
16 | information, including the
number of providers at various | ||||||
17 | Medicaid earning levels.
| ||||||
18 | (2) The number of audits of the medical assistance
| ||||||
19 | program and the dollar savings resulting from those audits.
| ||||||
20 | (3) The number of prescriptions rejected annually | ||||||
21 | under the Illinois
Department of Healthcare and Family | ||||||
22 | Services'
Public Aid's Refill Too Soon program and the
| ||||||
23 | dollar savings resulting from that program.
| ||||||
24 | (4) Provider sanctions, in the aggregate, including | ||||||
25 | terminations and
suspensions.
| ||||||
26 | (5) A detailed summary of the investigations |
| |||||||
| |||||||
1 | undertaken in the previous
fiscal year. These summaries | ||||||
2 | shall comply with all laws and rules regarding
maintaining | ||||||
3 | confidentiality in the public aid programs.
| ||||||
4 | (i) Nothing in this Section shall limit investigations by | ||||||
5 | the Illinois
Department of Healthcare and Family Services
| ||||||
6 | Public Aid or the Department of Human Services that may
| ||||||
7 | otherwise be required by law or that may be necessary in their | ||||||
8 | capacity as the
central administrative authorities responsible | ||||||
9 | for administration of public aid
programs in this
State.
| ||||||
10 | (Source: P.A. 89-507, eff. 7-1-97; 90-725, eff. 8-7-98; revised | ||||||
11 | 12-15-05.)
| ||||||
12 | (305 ILCS 5/12-16) (from Ch. 23, par. 12-16)
| ||||||
13 | Sec. 12-16. Public Aid Claims Enforcement Division of | ||||||
14 | Office of Attorney
General. The Public Aid Claims Enforcement | ||||||
15 | Division in the Office of the
Attorney General, established | ||||||
16 | pursuant to the 1949 Code, shall institute in
behalf of the | ||||||
17 | State all court actions referred to it by the Department of | ||||||
18 | Healthcare and Family Services (formerly Illinois Department
| ||||||
19 | of Public Aid ) or the Department of Human Services (as | ||||||
20 | successor to the
Illinois Department of Public Aid) under this | ||||||
21 | Code and other laws for the
recovery of financial aid provided | ||||||
22 | under the public aid programs, the
enforcement of obligations | ||||||
23 | of support, and the enforcement of other claims,
penalties and | ||||||
24 | obligations.
| ||||||
25 | The Division shall be staffed with attorneys appointed by |
| |||||||
| |||||||
1 | the Attorney
General as Special Assistant Attorneys' General | ||||||
2 | whose special duty it shall be
to execute the aforesaid duties. | ||||||
3 | The Assistant Attorneys' General shall be
assigned exclusively | ||||||
4 | to such duties. They may engage only in such political
| ||||||
5 | activities as are not prohibited by the Hatch Political | ||||||
6 | Activity Act, Title 5,
U.S.C.A., Sections 118i et seq.
| ||||||
7 | The Attorney General may request the appropriate State's | ||||||
8 | Attorney of a county
or staff of the Child and Spouse Support | ||||||
9 | Unit established under Section 10-3.1
of this Code to institute | ||||||
10 | any such action in behalf of the State or to assist
the | ||||||
11 | Attorney General in the prosecution of actions instituted by | ||||||
12 | his Office.
| ||||||
13 | (Source: P.A. 89-507, eff. 7-1-97; revised 12-15-05.)
| ||||||
14 | Section 800. The Energy Assistance Act is amended by | ||||||
15 | changing Sections 3, 4, 8, and 13 as follows:
| ||||||
16 | (305 ILCS 20/3) (from Ch. 111 2/3, par. 1403)
| ||||||
17 | Sec. 3. Definitions. As used in this Act, unless the | ||||||
18 | context
otherwise requires:
| ||||||
19 | (a) the terms defined in Sections 3-101 through 3-121 of
| ||||||
20 | The Public Utilities Act have the meanings ascribed to them in | ||||||
21 | that
Act;
| ||||||
22 | (b) "Department" means the Department of Healthcare and | ||||||
23 | Family Services Economic Opportunity ;
| ||||||
24 | (c) "energy provider" means any utility, municipal |
| |||||||
| |||||||
1 | utility,
cooperative utility, or any other corporation or | ||||||
2 | individual which provides
winter energy services;
| ||||||
3 | (d) "winter" means the period from November 1 of any year | ||||||
4 | through April
30 of the following year.
| ||||||
5 | (Source: P.A. 94-773, eff. 5-18-06; 94-793, eff. 5-19-06; | ||||||
6 | revised 8-3-06.)
| ||||||
7 | (305 ILCS 20/4) (from Ch. 111 2/3, par. 1404)
| ||||||
8 | Sec. 4. Energy Assistance Program.
| ||||||
9 | (a) The Department of Healthcare and Family Services | ||||||
10 | Economic Opportunity is hereby authorized to institute a | ||||||
11 | program to
ensure
the availability and affordability of heating | ||||||
12 | and electric service to low
income citizens. The Department | ||||||
13 | shall implement the program by rule
promulgated pursuant to The | ||||||
14 | Illinois Administrative Procedure Act.
The program shall be | ||||||
15 | consistent
with the purposes and objectives of this Act and | ||||||
16 | with all other specific
requirements provided herein. The | ||||||
17 | Department may enter
into such contracts and other agreements | ||||||
18 | with local agencies as may be
necessary for the purpose of | ||||||
19 | administering the energy assistance program.
| ||||||
20 | (b)
Nothing in this Act shall be construed as altering or | ||||||
21 | limiting the
authority conferred on the Illinois Commerce | ||||||
22 | Commission by the Public
Utilities Act to regulate all aspects | ||||||
23 | of the provision of public utility
service, including but not | ||||||
24 | limited to the authority to make rules and
adjudicate disputes | ||||||
25 | between utilities and customers related to eligibility
for |
| |||||||
| |||||||
1 | utility service, deposits, payment practices, discontinuance | ||||||
2 | of
service, and the treatment of arrearages owing for | ||||||
3 | previously rendered
utility service.
| ||||||
4 | (Source: P.A. 94-773, eff. 5-18-06; 94-793, eff. 5-19-06; | ||||||
5 | revised 8-3-06.)
| ||||||
6 | (305 ILCS 20/8) (from Ch. 111 2/3, par. 1408)
| ||||||
7 | Sec. 8. Program Reports.
| ||||||
8 | (a) The Department of Natural Resources shall prepare and
| ||||||
9 | submit to the Governor and the General Assembly reports on | ||||||
10 | September 30
biennially, beginning in 2003,
evaluating the | ||||||
11 | effectiveness of the energy
assistance and weatherization | ||||||
12 | policies authorized by this Act. The first
report shall cover | ||||||
13 | such effects during the first winter during which the
program | ||||||
14 | authorized by this Act, is in operation, and successive reports
| ||||||
15 | shall cover effects since the issuance of the preceding report.
| ||||||
16 | (1) Reports issued pursuant to this Section shall be | ||||||
17 | limited to,
information concerning the effects of the | ||||||
18 | policies authorized by this Act
on (1) the ability of | ||||||
19 | eligible applicants to obtain and maintain adequate
and | ||||||
20 | affordable winter energy services and (2) changes in the | ||||||
21 | costs and
prices of winter energy services for people who | ||||||
22 | do not receive energy
assistance pursuant to this Act.
| ||||||
23 | (2) The Department of Natural Resources shall by | ||||||
24 | September
30, 2002, in consultation with the Policy | ||||||
25 | Advisory Council, determine the
kinds of numerical and |
| |||||||
| |||||||
1 | other information needed to conduct the evaluations
| ||||||
2 | required by this Section, and shall advise the Policy | ||||||
3 | Advisory
Council of such information needs in a timely | ||||||
4 | manner.
The Department of Healthcare and Family Services | ||||||
5 | Economic Opportunity , the
Department of Human Services, | ||||||
6 | and the Illinois Commerce
Commission shall each
provide | ||||||
7 | such information as the Department of Natural Resources
may | ||||||
8 | require to ensure that the evaluation reporting | ||||||
9 | requirement established
by this Section can be met.
| ||||||
10 | (b) On or before December 31, 2002, 2004, 2006, and 2007, | ||||||
11 | the Department
shall prepare a report for the General Assembly | ||||||
12 | on the expenditure of funds
appropriated for the programs | ||||||
13 | authorized under this Act.
| ||||||
14 | (c) On or before December 31 of each year in 2004, 2006, | ||||||
15 | and 2007, the
Department shall, in consultation with the | ||||||
16 | Council, prepare and submit
evaluation reports to the Governor | ||||||
17 | and the General Assembly outlining the
effects of the program | ||||||
18 | designed under this Act on the following as it relates
to the | ||||||
19 | propriety of continuing the program:
| ||||||
20 | (1) the definition of an eligible low income | ||||||
21 | residential
customer;
| ||||||
22 | (2) access of low income residential customers to | ||||||
23 | essential
energy services;
| ||||||
24 | (3) past due amounts owed to utilities by low income | ||||||
25 | persons in
Illinois;
| ||||||
26 | (4) appropriate measures to encourage energy |
| |||||||
| |||||||
1 | conservation,
efficiency, and responsibility among low | ||||||
2 | income residential customers;
| ||||||
3 | (5) the activities of the Department in the development | ||||||
4 | and
implementation of energy assistance and related | ||||||
5 | policies and programs,
which characterizes progress toward | ||||||
6 | meeting the objectives and
requirements of this Act, and | ||||||
7 | which recommends any statutory
changes which might be | ||||||
8 | needed to further such progress.
| ||||||
9 | (d) The Department shall by September 30, 2002 in | ||||||
10 | consultation with the
Council determine the kinds of numerical | ||||||
11 | and other information needed to
conduct the evaluations | ||||||
12 | required by this Section.
| ||||||
13 | (e) The Illinois Commerce Commission shall require each | ||||||
14 | public utility
providing heating or electric service to compile | ||||||
15 | and submit any numerical
and other information needed by the | ||||||
16 | Department of Natural
Resources to meet its reporting | ||||||
17 | obligations.
| ||||||
18 | (Source: P.A. 94-773, eff. 5-18-06; 94-793, eff. 5-19-06; | ||||||
19 | revised 8-3-06.)
| ||||||
20 | (305 ILCS 20/13)
| ||||||
21 | (Section scheduled to be repealed on December 31, 2007) | ||||||
22 | Sec. 13. Supplemental Low-Income Energy Assistance Fund.
| ||||||
23 | (a) The Supplemental Low-Income Energy Assistance
Fund is | ||||||
24 | hereby created as a special fund in the State
Treasury. The | ||||||
25 | Supplemental Low-Income Energy Assistance Fund
is authorized |
| |||||||
| |||||||
1 | to receive moneys from voluntary donations from individuals, | ||||||
2 | foundations, corporations, and other sources, moneys received | ||||||
3 | pursuant to Section 17, and, by statutory deposit, the moneys
| ||||||
4 | collected pursuant to this Section. The Fund is also authorized | ||||||
5 | to receive voluntary donations from individuals, foundations, | ||||||
6 | corporations, and other sources, as well as contributions made | ||||||
7 | in accordance with Section 507MM of the Illinois Income Tax | ||||||
8 | Act. Subject to appropriation,
the Department shall use
moneys | ||||||
9 | from the Supplemental Low-Income Energy Assistance Fund
for | ||||||
10 | payments to electric or gas public utilities,
municipal | ||||||
11 | electric or gas utilities, and electric cooperatives
on behalf | ||||||
12 | of their customers who are participants in the
program | ||||||
13 | authorized by Section 4 of this Act, for the provision of
| ||||||
14 | weatherization services and for
administration of the | ||||||
15 | Supplemental Low-Income Energy
Assistance Fund. The yearly | ||||||
16 | expenditures for weatherization may not exceed 10%
of the | ||||||
17 | amount collected during the year pursuant to this Section. The | ||||||
18 | yearly administrative expenses of the
Supplemental Low-Income | ||||||
19 | Energy Assistance Fund may not exceed
10% of the amount | ||||||
20 | collected during that year
pursuant to this Section.
| ||||||
21 | (b) Notwithstanding the provisions of Section 16-111
of the | ||||||
22 | Public Utilities Act but subject to subsection (k) of this | ||||||
23 | Section,
each public utility, electric
cooperative, as defined | ||||||
24 | in Section 3.4 of the Electric Supplier Act,
and municipal | ||||||
25 | utility, as referenced in Section 3-105 of the Public Utilities
| ||||||
26 | Act, that is engaged in the delivery of electricity or the
|
| |||||||
| |||||||
1 | distribution of natural gas within the State of Illinois
shall, | ||||||
2 | effective January 1, 1998,
assess each of
its customer accounts | ||||||
3 | a monthly Energy Assistance Charge for
the Supplemental | ||||||
4 | Low-Income Energy Assistance Fund.
The delivering public | ||||||
5 | utility, municipal electric or gas utility, or electric
or gas
| ||||||
6 | cooperative for a self-assessing purchaser remains subject to | ||||||
7 | the collection of
the
fee imposed by this Section.
The
monthly | ||||||
8 | charge shall be as follows:
| ||||||
9 | (1) $0.40 per month on each account for
residential | ||||||
10 | electric service;
| ||||||
11 | (2) $0.40 per month on each account for
residential gas | ||||||
12 | service;
| ||||||
13 | (3) $4 per month on each account for non-residential | ||||||
14 | electric service
which had less than 10 megawatts
of peak | ||||||
15 | demand during the previous calendar year;
| ||||||
16 | (4) $4 per month on each account for non-residential | ||||||
17 | gas service which
had distributed to it less than
4,000,000 | ||||||
18 | therms of gas during the previous calendar year;
| ||||||
19 | (5) $300 per month on each account for non-residential | ||||||
20 | electric service
which had 10 megawatts or greater
of peak | ||||||
21 | demand during the previous calendar year; and
| ||||||
22 | (6) $300 per month on each account for non-residential | ||||||
23 | gas service
which had 4,000,000 or more therms of
gas | ||||||
24 | distributed to it during the previous calendar year.
| ||||||
25 | (c) For purposes of this Section:
| ||||||
26 | (1) "residential electric service" means
electric |
| |||||||
| |||||||
1 | utility service for household purposes delivered to a
| ||||||
2 | dwelling of 2 or fewer units which is billed under a
| ||||||
3 | residential rate, or electric utility service for | ||||||
4 | household
purposes delivered to a dwelling unit or units | ||||||
5 | which is billed
under a residential rate and is registered | ||||||
6 | by a separate meter
for each dwelling unit;
| ||||||
7 | (2) "residential gas service" means gas utility
| ||||||
8 | service for household purposes distributed to a dwelling of
| ||||||
9 | 2 or fewer units which is billed under a residential rate,
| ||||||
10 | or gas utility service for household purposes distributed | ||||||
11 | to a
dwelling unit or units which is billed under a | ||||||
12 | residential
rate and is registered by a separate meter for | ||||||
13 | each dwelling
unit;
| ||||||
14 | (3) "non-residential electric service" means
electric | ||||||
15 | utility service which is not residential electric
service; | ||||||
16 | and
| ||||||
17 | (4) "non-residential gas service" means gas
utility | ||||||
18 | service which is not residential gas service.
| ||||||
19 | (d) At least 45 days prior to the date on which it
must | ||||||
20 | begin assessing Energy Assistance Charges, each public
utility | ||||||
21 | engaged in the delivery of electricity or the
distribution of | ||||||
22 | natural gas shall file with the Illinois
Commerce Commission | ||||||
23 | tariffs incorporating the Energy
Assistance Charge in other | ||||||
24 | charges stated in such tariffs.
| ||||||
25 | (e) The Energy Assistance Charge assessed by
electric and | ||||||
26 | gas public utilities shall be considered a charge
for public |
| |||||||
| |||||||
1 | utility service.
| ||||||
2 | (f) By the 20th day of the month following the month in | ||||||
3 | which the charges
imposed by the Section were collected, each | ||||||
4 | public
utility,
municipal utility, and electric cooperative | ||||||
5 | shall remit to the
Department of Revenue all moneys received as | ||||||
6 | payment of the
Energy Assistance Charge on a return prescribed | ||||||
7 | and furnished by the
Department of Revenue showing such | ||||||
8 | information as the Department of Revenue may
reasonably | ||||||
9 | require. If a customer makes a partial payment, a public
| ||||||
10 | utility, municipal
utility, or electric cooperative may elect | ||||||
11 | either: (i) to apply
such partial payments first to amounts | ||||||
12 | owed to the
utility or cooperative for its services and then to | ||||||
13 | payment
for the Energy Assistance Charge or (ii) to apply such | ||||||
14 | partial payments
on a pro-rata basis between amounts owed to | ||||||
15 | the
utility or cooperative for its services and to payment for | ||||||
16 | the
Energy Assistance Charge.
| ||||||
17 | (g) The Department of Revenue shall deposit into the
| ||||||
18 | Supplemental Low-Income Energy Assistance Fund all moneys
| ||||||
19 | remitted to it in accordance with subsection (f) of this
| ||||||
20 | Section.
| ||||||
21 | (h) (Blank).
| ||||||
22 | On or before December 31, 2002, the Department shall
| ||||||
23 | prepare a report for the General Assembly on the expenditure of | ||||||
24 | funds
appropriated from the Low-Income Energy Assistance Block | ||||||
25 | Grant Fund for the
program authorized under Section 4 of this | ||||||
26 | Act.
|
| |||||||
| |||||||
1 | (i) The Department of Revenue may establish such
rules as | ||||||
2 | it deems necessary to implement this Section.
| ||||||
3 | (j) The Department of Healthcare and Family Services | ||||||
4 | Economic Opportunity
may establish such rules as it deems | ||||||
5 | necessary to implement
this Section.
| ||||||
6 | (k) The charges imposed by this Section shall only apply to | ||||||
7 | customers of
municipal electric or gas utilities and electric | ||||||
8 | or gas cooperatives if
the municipal
electric or gas
utility or | ||||||
9 | electric or gas cooperative makes an affirmative decision to
| ||||||
10 | impose the
charge. If a municipal electric or gas utility or an | ||||||
11 | electric
cooperative makes an affirmative decision to impose | ||||||
12 | the charge provided by
this
Section, the municipal electric or | ||||||
13 | gas utility or electric cooperative shall
inform the
Department | ||||||
14 | of Revenue in writing of such decision when it begins to impose | ||||||
15 | the
charge. If a municipal electric or gas utility or electric | ||||||
16 | or gas
cooperative does not
assess
this charge, the Department | ||||||
17 | may not use funds from the Supplemental Low-Income
Energy | ||||||
18 | Assistance Fund to provide benefits to its customers under the | ||||||
19 | program
authorized by Section 4 of this Act.
| ||||||
20 | In its use of federal funds under this Act, the Department | ||||||
21 | may not cause a
disproportionate share of those federal funds | ||||||
22 | to benefit customers of systems
which do not assess the charge | ||||||
23 | provided by this Section.
| ||||||
24 | This Section is repealed effective December 31, 2007 unless
| ||||||
25 | renewed by action of the General Assembly. The General Assembly | ||||||
26 | shall
consider the results of the evaluations described in |
| |||||||
| |||||||
1 | Section 8 in its
deliberations.
| ||||||
2 | (Source: P.A. 94-773, eff. 5-18-06; 94-793, eff. 5-19-06; | ||||||
3 | 94-817, eff. 5-30-06; revised 8-3-06.)
| ||||||
4 | Section 805. The Good Samaritan Energy Plan Act is amended | ||||||
5 | by changing Sections 5 and 25 as follows:
| ||||||
6 | (305 ILCS 22/5)
| ||||||
7 | Sec. 5. Definitions. In this Act:
| ||||||
8 | "Department" means the Department of Healthcare and Family | ||||||
9 | Services.
| ||||||
10 | "LIHEAP" means the energy assistance program established | ||||||
11 | under the Energy
Assistance Act of 1989 .
| ||||||
12 | (Source: P.A. 93-285, eff. 7-22-03; 94-773, eff. 5-18-06; | ||||||
13 | revised 9-20-06.)
| ||||||
14 | (305 ILCS 22/25)
| ||||||
15 | Sec. 25. Administration of Fund. The Department shall | ||||||
16 | administer the Good
Samaritan Energy Trust Fund with the advice | ||||||
17 | and consent of the Low Income
Energy
Assistance Policy Advisory | ||||||
18 | Council established under the Energy Assistance Act
of
1989 . | ||||||
19 | Donations received for the Fund shall be made available for the | ||||||
20 | purpose
of
alleviating utility bill arrearages for households | ||||||
21 | determined eligible for
LIHEAP, except
that the
Department may | ||||||
22 | use up to 10% of the moneys donated for the Fund for the
| ||||||
23 | expenses of the Department and the local area agency
incurred |
| |||||||
| |||||||
1 | in administering the Fund.
Resources from the Fund shall be | ||||||
2 | awarded to local area agencies that have
existing
contracts | ||||||
3 | with the Department to administer LIHEAP in Illinois.
| ||||||
4 | (Source: P.A. 93-285, eff. 7-22-03; revised 9-20-06.)
| ||||||
5 | Section 810. The Medicaid Revenue Act is amended by | ||||||
6 | changing Section 1-2 as follows:
| ||||||
7 | (305 ILCS 35/1-2) (from Ch. 23, par. 7051-2)
| ||||||
8 | Sec. 1-2. Legislative finding and declaration. The General | ||||||
9 | Assembly hereby
finds, determines, and declares:
| ||||||
10 | (1) It is in the public interest and it is the public | ||||||
11 | policy of this State
to provide for and improve the basic | ||||||
12 | medical care and long-term health care
services of its | ||||||
13 | indigent, most vulnerable citizens.
| ||||||
14 | (2) Preservation of health, alleviation of sickness, and | ||||||
15 | correction of
handicapping conditions for persons requiring | ||||||
16 | maintenance support are essential
if those persons are to have | ||||||
17 | an opportunity to become self-supporting or to
attain a greater | ||||||
18 | capacity for self-care.
| ||||||
19 | (3) For persons who are medically indigent but otherwise | ||||||
20 | able to provide
themselves a livelihood, it is of special | ||||||
21 | importance to maintain their
incentives for continued | ||||||
22 | independence and preserve their limited resources for
ordinary | ||||||
23 | maintenance needed to prevent their total or substantial | ||||||
24 | dependence on
public support.
|
| |||||||
| |||||||
1 | (4) The State has historically provided for care and | ||||||
2 | services, in
conjunction with the federal government, through | ||||||
3 | the establishment and funding
of a medical assistance program | ||||||
4 | administered by the Department of Healthcare and Family | ||||||
5 | Services (formerly Department of Public Aid )
and approved by | ||||||
6 | the Secretary of Health and Human Services under Title XIX of
| ||||||
7 | the federal Social Security Act, that program being commonly | ||||||
8 | referred to as
"Medicaid".
| ||||||
9 | (5) The Medicaid program is a funding partnership between | ||||||
10 | the State of
Illinois and the federal government, with the | ||||||
11 | Department of Healthcare and Family Services
Public Aid being
| ||||||
12 | designated as the single State agency responsible for the | ||||||
13 | administration of the
program, but with the State historically | ||||||
14 | receiving 50% of the amounts expended
as medical assistance | ||||||
15 | under the Medicaid program from the federal government.
| ||||||
16 | (6) To raise a portion of Illinois' share of the Medicaid | ||||||
17 | funds after July
1, 1991, the General Assembly enacted Public | ||||||
18 | Act 87-13 to provide for the
collection of provider | ||||||
19 | participation fees from designated health care providers
| ||||||
20 | receiving Medicaid payments.
| ||||||
21 | (7) On September 12, 1991, the Secretary of Health and | ||||||
22 | Human Services
proposed regulations that could have reduced the | ||||||
23 | federal matching of Medicaid
expenditures incurred on or after | ||||||
24 | January 1, 1992 by the portion of the
expenditures paid from | ||||||
25 | funds raised through the provider participation fees.
| ||||||
26 | (8) To prevent the Secretary from enacting those |
| |||||||
| |||||||
1 | regulations but at the same
time to impose certain statutory | ||||||
2 | limitations on the means by which states may
raise Medicaid | ||||||
3 | funds eligible for federal matching, Congress enacted the
| ||||||
4 | Medicaid Voluntary Contribution and Provider-Specific Tax | ||||||
5 | Amendments of
1991, Public Law 102-234.
| ||||||
6 | (9) Public Law 102-234 provides for a state's share of | ||||||
7 | Medicaid funding
eligible for federal matching to be raised | ||||||
8 | through "broad-based health care
related taxes", meaning, | ||||||
9 | generally, a tax imposed with respect to a class of
health care | ||||||
10 | items or services (or providers thereof) specified therein, | ||||||
11 | which
(i) is imposed on all items or services or providers in | ||||||
12 | the class in the state,
except federal or public providers, and | ||||||
13 | (ii) is imposed uniformly on all
providers in the class at the | ||||||
14 | same rate with respect to the same base.
| ||||||
15 | (10) The separate classes of health care items and services | ||||||
16 | established by
P.L. 102-234 include inpatient and outpatient | ||||||
17 | hospital services, nursing
facility services, and services of | ||||||
18 | intermediate care facilities for the
mentally retarded.
| ||||||
19 | (11) The provider participation fees imposed under P.A. | ||||||
20 | 87-13 may not meet
the standards under P.L. 102-234.
| ||||||
21 | (12) The resulting hospital Medicaid reimbursement | ||||||
22 | reductions may force the
closure of some hospitals now serving | ||||||
23 | a disproportionately high number of the
needy, who would then | ||||||
24 | have to be cared for by remaining hospitals at
substantial cost | ||||||
25 | to those remaining hospitals.
| ||||||
26 | (13) The hospitals in the State are all part of and benefit |
| |||||||
| |||||||
1 | from a hospital
system linked together in a number of ways, | ||||||
2 | including common licensing and
regulation, health care | ||||||
3 | standards, education, research and disease control
reporting, | ||||||
4 | patient transfers for specialist care, and organ donor | ||||||
5 | networks.
| ||||||
6 | (14) Each hospital's patient population demographics, | ||||||
7 | including the
proportion of patients whose care is paid by | ||||||
8 | Medicaid, is subject to change
over time.
| ||||||
9 | (15) Hospitals in the State have a special interest in the | ||||||
10 | payment of
adequate reimbursement levels for hospital care by | ||||||
11 | Medicaid.
| ||||||
12 | (16) Most hospitals are exempt from payment of most | ||||||
13 | federal, State, and
local income, sales, property, and other | ||||||
14 | taxes.
| ||||||
15 | (17) The hospital assessment enacted by this Act under the | ||||||
16 | guidelines of
P.L. 102-234 is the most efficient means of | ||||||
17 | raising the federally matchable
funds needed for hospital care | ||||||
18 | reimbursement.
| ||||||
19 | (18) Cook County Hospital and Oak Forest Hospital are | ||||||
20 | public hospitals owned
and operated by Cook County with unique | ||||||
21 | fiscal problems, including a patient
population that is | ||||||
22 | primarily Medicaid or altogether nonpaying, that make an
| ||||||
23 | intergovernmental transfer payment arrangement a more | ||||||
24 | appropriate means of
financing than the regular hospital | ||||||
25 | assessment and reimbursement provisions.
| ||||||
26 | (19) Sole community hospitals provide access to essential |
| |||||||
| |||||||
1 | care that would
otherwise not be reasonably available in the | ||||||
2 | community they serve, such that
imposition of assessments on | ||||||
3 | them in their precarious financial circumstances
may force | ||||||
4 | their closure and have the effect of reducing access to health | ||||||
5 | care.
| ||||||
6 | (20) Each nursing home's resident population demographics, | ||||||
7 | including the
proportion of residents whose care is paid by | ||||||
8 | Medicaid, is subject to change
over time in that, among other | ||||||
9 | things, residents currently able to pay the cost
of nursing | ||||||
10 | home care may become dependent on Medicaid support for | ||||||
11 | continued
care and services as resources are depleted.
| ||||||
12 | (21) As the citizens of the State age, increased pressures | ||||||
13 | will be placed on
limited facilities to provide reasonable | ||||||
14 | levels of care for a greater number of
geriatric residents, and | ||||||
15 | all involved in the nursing home industry, providers
and | ||||||
16 | residents, have a special interest in the maintenance of | ||||||
17 | adequate Medicaid
support for all nursing facilities.
| ||||||
18 | (22) The assessments on nursing homes enacted by this Act | ||||||
19 | under the
guidelines of P.L. 102-234 are the most efficient | ||||||
20 | means of raising the
federally matchable funds needed for | ||||||
21 | nursing home care reimbursement.
| ||||||
22 | (23) All intermediate care facilities for persons with | ||||||
23 | developmental
disabilities receive a high degree of Medicaid | ||||||
24 | support and benefits and
therefore have a special interest in | ||||||
25 | the maintenance of adequate Medicaid
support.
| ||||||
26 | (24) The assessments on intermediate care facilities for |
| |||||||
| |||||||
1 | persons with
developmental disabilities enacted by this Act | ||||||
2 | under the guidelines of P.L.
102-234 are the most efficient | ||||||
3 | means of raising the federally matchable funds
needed for | ||||||
4 | reimbursement of providers of intermediate care for persons | ||||||
5 | with
developmental disabilities.
| ||||||
6 | (Source: P.A. 87-861; 88-380; revised 12-15-05.)
| ||||||
7 | Section 815. The Nursing Home Grant Assistance Act is | ||||||
8 | amended by changing Section 20 as follows:
| ||||||
9 | (305 ILCS 40/20) (from Ch. 23, par. 7100-20)
| ||||||
10 | Sec. 20. Nursing Home Grant Assistance Program.
| ||||||
11 | (a) (Blank).
| ||||||
12 | (b)
The Department, subject to appropriation, may use up to | ||||||
13 | 2.5% of the
moneys received under this Act for the costs of | ||||||
14 | administering and
enforcing the program.
| ||||||
15 | (c) Within 30 days after the end of the quarterly period in | ||||||
16 | which the
distribution agent is required to file the | ||||||
17 | certification and
make the payment required by this Act, and | ||||||
18 | after verification
with the Illinois Department of Healthcare | ||||||
19 | and Family Services
Public Aid of the licensing
status of the | ||||||
20 | distribution agent, the Director shall order
the payment to be | ||||||
21 | made from appropriations made for the purposes
of this Act.
| ||||||
22 | (d) Disbursements shall be by warrants drawn
by the State | ||||||
23 | Comptroller upon receipt of vouchers duly
executed and | ||||||
24 | certified by the Department. The Department
shall prepare and |
| |||||||
| |||||||
1 | certify to the State Comptroller the
disbursement of the grants | ||||||
2 | to qualified distributing agents
for payment to the eligible | ||||||
3 | individuals certified to the
Department by the qualified | ||||||
4 | distributing agents.
| ||||||
5 | The amount to be paid per calendar quarter to a qualified | ||||||
6 | distribution
agent shall not exceed, for each
eligible | ||||||
7 | individual, $500 multiplied by a
fraction equal to the number | ||||||
8 | of days that the eligible individual's nursing
home care was | ||||||
9 | not paid for, in whole or in part, by a federal, State, or
| ||||||
10 | combined federal-State medical care program, divided by the | ||||||
11 | number of
calendar days in the quarter. Any amount the | ||||||
12 | qualified
distribution agent owes to the Department under | ||||||
13 | Section 30 shall be
deducted from the amount of the payment to | ||||||
14 | the qualified distribution agent.
| ||||||
15 | If the amount appropriated or available is insufficient to
| ||||||
16 | meet all or part of any quarterly payment certification, the | ||||||
17 | payment
certified to each qualified distributing agent shall be | ||||||
18 | uniformly reduced
by an amount which will permit a payment to | ||||||
19 | be made to each
qualified distributing agent. Within 10 days | ||||||
20 | after receipt
by the State Comptroller of the disbursement | ||||||
21 | certification to
the qualified distributing agents, the State | ||||||
22 | Comptroller
shall cause the warrants to be drawn for the | ||||||
23 | respective amounts
in accordance with the directions contained | ||||||
24 | in that
certification.
| ||||||
25 | (e) Notwithstanding any other provision of this Act, as | ||||||
26 | soon as is
practicable after the effective date of this |
| |||||||
| |||||||
1 | amendatory Act of 1994, the
Department shall order that | ||||||
2 | payments be made, subject to appropriation, to the
appropriate | ||||||
3 | distribution agents for grants to persons who were eligible
| ||||||
4 | individuals during the fourth quarter of fiscal year 1993 to | ||||||
5 | the extent that
those individuals did not receive a
grant for | ||||||
6 | that quarter or the fourth quarter of fiscal year 1992. An | ||||||
7 | eligible
individual, or a person acting on behalf of an | ||||||
8 | eligible individual, must apply
on or before December 31, 1994 | ||||||
9 | for a grant under this subsection (e). The
amount to
be
paid to | ||||||
10 | each distribution agent under this subsection shall be | ||||||
11 | calculated as
provided in subsection (d). Distribution agents | ||||||
12 | shall distribute the grants to
eligible individuals as required | ||||||
13 | in Section 30. For the purpose of determining
grants under this | ||||||
14 | subsection (e), a nursing home that is a distribution agent
| ||||||
15 | under this Act shall file with the Department, on or before | ||||||
16 | September 30, 1994,
a certification disclosing the information | ||||||
17 | required under Section 15 with
respect to the fourth quarter of | ||||||
18 | fiscal year 1993.
| ||||||
19 | (Source: P.A. 94-91, eff. 7-1-05; revised 12-15-05.)
| ||||||
20 | Section 820. The Elder Abuse and Neglect Act is amended by | ||||||
21 | changing Section 7 as follows:
| ||||||
22 | (320 ILCS 20/7) (from Ch. 23, par. 6607)
| ||||||
23 | Sec. 7. Review. All services provided to an eligible adult | ||||||
24 | shall be
reviewed by the provider agency on at least a |
| |||||||
| |||||||
1 | quarterly basis for up to
one year
to determine whether the | ||||||
2 | service care plan should be
continued or modified, except that, | ||||||
3 | upon review, the Department on Aging ,
upon review, may grant a
| ||||||
4 | waiver to extend the
service care
plan for up to one an
| ||||||
5 | additional one year period .
| ||||||
6 | (Source: P.A. 93-300, eff. 1-1-04; 93-301, eff. 1-1-04; revised | ||||||
7 | 9-22-03.)
| ||||||
8 | Section 825. The Partnership for Long-Term Care Act is | ||||||
9 | amended by changing Sections 15, 20, 25, 50, and 60 as follows:
| ||||||
10 | (320 ILCS 35/15) (from Ch. 23, par. 6801-15)
| ||||||
11 | Sec. 15. Program.
| ||||||
12 | (a) The Department on Aging, in cooperation with the | ||||||
13 | Department of
Insurance, and the Department of Healthcare and | ||||||
14 | Family Services
Public Aid ,
shall administer the program.
| ||||||
15 | (b) The Departments shall seek any federal waivers and
| ||||||
16 | approvals
necessary to accomplish the purposes of this Act.
| ||||||
17 | (Source: P.A. 88-328; 89-525, eff. 7-19-96; revised 12-15-05.)
| ||||||
18 | (320 ILCS 35/20) (from Ch. 23, par. 6801-20)
| ||||||
19 | Sec. 20. Program participant eligibility for Medicaid.
| ||||||
20 | (a) Individuals who participate in the program and have | ||||||
21 | resources
above the eligibility levels for receipt of medical | ||||||
22 | assistance under Title
XIX of the Social Security Act | ||||||
23 | (Subchapter XIX (commencing with Section
1396) of Chapter 7 of |
| |||||||
| |||||||
1 | Title 42 of the United States Code) shall be eligible
to | ||||||
2 | receive in-home supportive service benefits and Medicaid | ||||||
3 | benefits through
the Department of Healthcare and Family | ||||||
4 | Services
Public Aid if, before becoming eligible for benefits, | ||||||
5 | they
have purchased a long-term care insurance policy covering | ||||||
6 | long-term care that
has been certified by the Department of | ||||||
7 | Insurance under
Section 30 of this Act.
| ||||||
8 | (b) Individuals may purchase certified long-term care | ||||||
9 | insurance policies
which cover long-term care services in | ||||||
10 | amounts equal to the resources they wish
to protect.
| ||||||
11 | (b-5) An individual may purchase a certified long-term care | ||||||
12 | insurance
policy which protects an individual's total assets. | ||||||
13 | To be eligible for
total asset protection, an amount equal to | ||||||
14 | the average cost of 4 years of
long-term care services in a | ||||||
15 | nursing facility must be purchased.
| ||||||
16 | (b-7) Although a resource has been protected by the | ||||||
17 | Partnership Policy,
income is to be applied to the cost of care | ||||||
18 | when the insured becomes Medicaid
eligible.
| ||||||
19 | (c) The resource protection provided by this Act shall be | ||||||
20 | effective only
for long-term care policies which
cover | ||||||
21 | long-term care services, that are delivered, issued for | ||||||
22 | delivery, or
renewed on or after July 1, 1992.
| ||||||
23 | (d) When an individual purchases a certified long-term care | ||||||
24 | insurance
policy, the issuer must notify the purchaser of the | ||||||
25 | benefits of purchasing
inflation protection for the long-term | ||||||
26 | care insurance policy.
|
| |||||||
| |||||||
1 | (e) An insurance company may offer for sale a policy as | ||||||
2 | described in
paragraph (b) of this Section or paragraph (b-5) | ||||||
3 | of this Section or both
types of policies.
| ||||||
4 | (Source: P.A. 89-507, eff. 7-1-97; 89-525, eff. 7-19-96; 90-14, | ||||||
5 | eff.
7-1-97; revised 12-15-05.)
| ||||||
6 | (320 ILCS 35/25) (from Ch. 23, par. 6801-25)
| ||||||
7 | Sec. 25. Protection of resources.
| ||||||
8 | (a) Notwithstanding any other provision of law, the
| ||||||
9 | resources, to the extent described in subsection (b), of an
| ||||||
10 | individual who
(i) purchases a certified long-term care | ||||||
11 | insurance policy which covers
long-term care services and (ii) | ||||||
12 | has
received all the benefit payments that are payable under | ||||||
13 | that policy or
contract for items described in subsection (b) | ||||||
14 | shall not be
considered in determining:
| ||||||
15 | (1) Medicaid eligibility.
| ||||||
16 | (2) The amount of any Medicaid payment.
| ||||||
17 | (3) The amount of any subsequent recovery by the State | ||||||
18 | of payments
made for medical services to the extent federal | ||||||
19 | law permits.
| ||||||
20 | (4) Eligibility for in-home supportive services.
| ||||||
21 | (5) The amount of any payment for in-home supportive | ||||||
22 | services.
| ||||||
23 | (b) Benefit payments described in subsection (a) must be | ||||||
24 | for one
or
more of the following:
| ||||||
25 | (1) In-home supportive service benefits and Medicaid |
| |||||||
| |||||||
1 | long-term care
services specified in
regulations by the | ||||||
2 | Department of Healthcare and Family Services
Public Aid .
| ||||||
3 | (2) Long-term care services delivered to insured | ||||||
4 | individuals in a
community setting as
part of an individual | ||||||
5 | assessment and case management program provided by
| ||||||
6 | coordinating entities designated or approved by the | ||||||
7 | Department on Aging.
| ||||||
8 | (3) Services the insured individual received while | ||||||
9 | meeting the disability
criteria for eligibility for | ||||||
10 | long-term care benefits established by the
Departments.
| ||||||
11 | (Source: P.A. 89-525, eff. 7-19-96; revised 12-15-05.)
| ||||||
12 | (320 ILCS 35/50) (from Ch. 23, par. 6801-50)
| ||||||
13 | Sec. 50. Task force.
| ||||||
14 | (a) An executive and legislative advisory task force shall | ||||||
15 | be created to
provide advice and assistance in designing and | ||||||
16 | implementing the Partnership for
Long-term Care Program. The | ||||||
17 | task force shall be composed of representatives,
designated by | ||||||
18 | the director of each of the following agencies
or departments:
| ||||||
19 | (1) The Department on Aging.
| ||||||
20 | (2) The Department of Public Aid (now Department of | ||||||
21 | Healthcare and Family Services) .
| ||||||
22 | (3) (Blank).
| ||||||
23 | (4) The Department of Financial and Professional | ||||||
24 | Regulation, in its capacity as the successor of the | ||||||
25 | Department of Insurance.
|
| |||||||
| |||||||
1 | (5) The Department of Commerce and Community Affairs | ||||||
2 | (now Department of Commerce and Economic Opportunity).
| ||||||
3 | (6) The Legislative Research Unit.
| ||||||
4 | (b) The task force shall consult with persons knowledgeable | ||||||
5 | of and
concerned with long-term care, including, but not | ||||||
6 | limited to the following:
| ||||||
7 | (1) Consumers.
| ||||||
8 | (2) Health care providers.
| ||||||
9 | (3) Representatives of long-term care insurance | ||||||
10 | companies and
administrators of health care service plans | ||||||
11 | that cover long-term care services.
| ||||||
12 | (4) Providers of long-term care.
| ||||||
13 | (5) Private employers.
| ||||||
14 | (6) Academic specialists in long-term care and aging.
| ||||||
15 | (7) Representatives of the public employees' and | ||||||
16 | teachers' retirement
systems.
| ||||||
17 | (c) The task force shall be established, and its members | ||||||
18 | designated, not
later than March 1, 1993. The task force shall | ||||||
19 | make recommendations to the
Department on Aging concerning the | ||||||
20 | policy components of the program on or
before September 1, | ||||||
21 | 1993.
| ||||||
22 | (Source: P.A. 94-793, eff. 5-19-06; revised 8-24-06.)
| ||||||
23 | (320 ILCS 35/60) (from Ch. 23, par. 6801-60)
| ||||||
24 | Sec. 60. Administrative costs.
| ||||||
25 | (a) The Department on Aging, in conjunction with the |
| |||||||
| |||||||
1 | Department of Healthcare and Family Services
Public
Aid , the | ||||||
2 | Department of Financial and Professional Regulation
Insurance , | ||||||
3 | and the Department of Commerce
and Economic Opportunity, shall | ||||||
4 | submit applications for State or federal grants
or federal | ||||||
5 | waivers, or funding from nationally distributed private | ||||||
6 | foundation
grants, or insurance reimbursements to be used to | ||||||
7 | pay the administrative
expenses of implementation of the | ||||||
8 | program. The Department on Aging, in
conjunction with those | ||||||
9 | other departments, also shall seek moneys from these
same | ||||||
10 | sources for the purpose of implementing the program, including | ||||||
11 | moneys
appropriated for that purpose.
| ||||||
12 | (b) In implementing this Act, the Department on Aging may
| ||||||
13 | negotiate contracts, on a nonbid basis, with long-term care | ||||||
14 | insurers,
health care insurers, health care service plans, or | ||||||
15 | both, for the provision
of coverage for long-term care services | ||||||
16 | that will meet the certification
requirements set forth in | ||||||
17 | Section 30 and the other requirements of this Act.
| ||||||
18 | (Source: P.A. 94-793, eff. 5-19-06; revised 8-24-06.)
| ||||||
19 | Section 830. The All-Inclusive Care for the Elderly Act is | ||||||
20 | amended by changing Sections 5, 10, 15, 20, 25, and 30 as | ||||||
21 | follows:
| ||||||
22 | (320 ILCS 40/5) (from Ch. 23, par. 6905)
| ||||||
23 | Sec. 5. Legislative declaration. The General Assembly
| ||||||
24 | finds and declares that it is the intent of this Act to |
| |||||||
| |||||||
1 | replicate the
On Lok
ONLOK program in San Francisco, | ||||||
2 | California, that has proven to be
cost-effective at both the | ||||||
3 | state and federal levels. The PACE program is
part of a | ||||||
4 | national replication project authorized in Section 9412(b)(2) | ||||||
5 | of
the federal Omnibus Reconciliation Act of 1986, which
| ||||||
6 | instructs the Secretary of the federal Department of Health and | ||||||
7 | Human
Services to grant Medicare and Medicaid waivers to permit | ||||||
8 | not more than 10
public or nonprofit private community-based | ||||||
9 | organizations in the country to
provide comprehensive health | ||||||
10 | care services on a capitated basis to frail
elderly who are at | ||||||
11 | risk of institutionalization. The General Assembly
finds that | ||||||
12 | by coordinating an extensive array of medical and nonmedical
| ||||||
13 | services, the needs of the participants will be met primarily | ||||||
14 | in an
outpatient environment in an adult day health center, in | ||||||
15 | their homes, or in
an institutional setting. The General | ||||||
16 | Assembly finds that such a service
delivery system will enhance | ||||||
17 | the quality of life for the participant and
offers the | ||||||
18 | potential to reduce and cap costs to Illinois of the medical
| ||||||
19 | needs of the participants, including hospital and nursing home | ||||||
20 | admissions.
| ||||||
21 | The General Assembly declares that the purpose of this Act | ||||||
22 | is to provide
services that would foster the following goals:
| ||||||
23 | To maintain eligible persons at home as an alternative to | ||||||
24 | long-term institutionalization;
| ||||||
25 | To provide optimum accessibility to various important | ||||||
26 | social and
health resources that are available to assist |
| |||||||
| |||||||
1 | eligible persons in
maintaining independent living;
| ||||||
2 | To provide that eligible persons who are frail elderly but | ||||||
3 | who have the
capacity to remain in an independent living | ||||||
4 | situation have access to the
appropriate social and health | ||||||
5 | services without which independent living
would not be | ||||||
6 | possible;
| ||||||
7 | To coordinate, integrate, and link these social and health | ||||||
8 | services by
removing obstacles that impede or limit | ||||||
9 | improvements in delivery of these
services;
| ||||||
10 | To provide the most efficient and effective use of | ||||||
11 | capitated funds
for the delivery of these social and health | ||||||
12 | services;
| ||||||
13 | To assure that capitation payments amount to no more than | ||||||
14 | 95%
of the amount paid under the Medicaid fee-for-service | ||||||
15 | structure
of an actuarially similar population.
| ||||||
16 | (Source: P.A. 87-411; revised 10-13-05.)
| ||||||
17 | (320 ILCS 40/10) (from Ch. 23, par. 6910)
| ||||||
18 | Sec. 10. Services for eligible persons. Within the context | ||||||
19 | of the
PACE program established under this Act, the Illinois
| ||||||
20 | Department of Healthcare and Family Services
Public
Aid may | ||||||
21 | include any or all of the services in Article V
5 of the | ||||||
22 | Illinois
Public Aid Code.
| ||||||
23 | An eligible person may elect to receive services from the | ||||||
24 | PACE program.
If such an election is made, the eligible person | ||||||
25 | shall not remain eligible
for payment through the regular |
| |||||||
| |||||||
1 | Medicare or Medicaid program. All services
and programs | ||||||
2 | provided through the PACE program shall be provided in
| ||||||
3 | accordance with this Act. An eligible person may elect to | ||||||
4 | disenroll from
the PACE program at any time.
| ||||||
5 | For purposes of this Act, "eligible person" means a frail | ||||||
6 | elderly
individual who voluntarily enrolls in the PACE program, | ||||||
7 | whose income and
resources do not exceed limits established by | ||||||
8 | the Illinois Department of Healthcare and Family Services
| ||||||
9 | Public Aid and for whom a licensed physician certifies that | ||||||
10 | such a program
provides an appropriate alternative to | ||||||
11 | institutionalized care. The term
"frail elderly" means an | ||||||
12 | individual who meets the age and functional eligibility
| ||||||
13 | requirements established by the Illinois Department of | ||||||
14 | Healthcare and Family Services
Public Aid .
| ||||||
15 | (Source: P.A. 94-48, eff. 7-1-05; revised 12-15-05.)
| ||||||
16 | (320 ILCS 40/15) (from Ch. 23, par. 6915)
| ||||||
17 | Sec. 15. Program implementation.
| ||||||
18 | (a) Upon receipt of federal approval, the Illinois | ||||||
19 | Department of Public
Aid (now Department of Healthcare and | ||||||
20 | Family Services) shall implement the PACE program pursuant to | ||||||
21 | the provisions of the approved Title XIX State plan.
| ||||||
22 | (b) Using a risk-based financing model, the nonprofit | ||||||
23 | organization providing
the PACE program shall assume | ||||||
24 | responsibility for all costs generated by
the PACE program | ||||||
25 | participants, and it shall create and maintain a risk
reserve |
| |||||||
| |||||||
1 | fund that will cover any cost overages for any participant. The
| ||||||
2 | PACE program is responsible for the entire range of services in | ||||||
3 | the
consolidated service model, including hospital and nursing | ||||||
4 | home care,
according to participant need as determined by a | ||||||
5 | multidisciplinary team.
The nonprofit organization providing | ||||||
6 | the PACE program is responsible for
the full financial risk. | ||||||
7 | Specific arrangements of the risk-based
financing model shall | ||||||
8 | be adopted and negotiated by the federal Centers for Medicare | ||||||
9 | and Medicaid Services, the nonprofit organization providing | ||||||
10 | the PACE
program, and the Illinois Department of Healthcare and | ||||||
11 | Family Services
Public Aid .
| ||||||
12 | (Source: P.A. 94-48, eff. 7-1-05; revised 12-15-05.)
| ||||||
13 | (320 ILCS 40/20) (from Ch. 23, par. 6920)
| ||||||
14 | Sec. 20. Duties of the Illinois Department of Healthcare | ||||||
15 | and Family Services .
| ||||||
16 | (a) The Illinois Department of Healthcare and Family | ||||||
17 | Services shall provide a system for reimbursement for
services | ||||||
18 | to the PACE program.
| ||||||
19 | (b) The Illinois Department of Healthcare and Family | ||||||
20 | Services shall develop and implement a contract with the
| ||||||
21 | nonprofit organization providing the PACE program that sets | ||||||
22 | forth
contractual obligations for the PACE program, including | ||||||
23 | but not limited to
reporting and monitoring of utilization of | ||||||
24 | costs of the program as required
by the Illinois Department.
| ||||||
25 | (c) The Illinois Department of Healthcare and Family |
| |||||||
| |||||||
1 | Services shall acknowledge that it is participating
in the | ||||||
2 | national PACE project as initiated by Congress.
| ||||||
3 | (d) The Illinois Department of Healthcare and Family | ||||||
4 | Services or its designee shall be responsible for
certifying | ||||||
5 | the eligibility for services of all PACE program participants.
| ||||||
6 | (Source: P.A. 87-411; revised 12-15-05.)
| ||||||
7 | (320 ILCS 40/25) (from Ch. 23, par. 6925)
| ||||||
8 | Sec. 25. Rules and regulations. The Illinois Department of | ||||||
9 | Healthcare and Family Services shall
promulgate rules and | ||||||
10 | regulations necessary to implement this Act.
| ||||||
11 | (Source: P.A. 87-411; revised 12-15-05.)
| ||||||
12 | (320 ILCS 40/30) (from Ch. 23, par. 6930)
| ||||||
13 | Sec. 30. Rate of payment. The General Assembly shall make
| ||||||
14 | appropriations to the Illinois Department of Healthcare and | ||||||
15 | Family Services
Public Aid to fund services
under this Act | ||||||
16 | provided at a monthly capitated rate. The Illinois
Department | ||||||
17 | shall annually renegotiate a monthly capitated rate for the
| ||||||
18 | contracted services based on the 95% of the Medicaid | ||||||
19 | fee-for-service costs
of an actuarially similar population.
| ||||||
20 | (Source: P.A. 87-411; revised 12-15-05.)
| ||||||
21 | Section 835. The Older Adult Services Act is amended by | ||||||
22 | changing Sections 10, 15, 20, 30, and 35 as follows: |
| |||||||
| |||||||
1 | (320 ILCS 42/10)
| ||||||
2 | Sec. 10. Definitions. In this Act: | ||||||
3 | "Advisory Committee" means the Older Adult Services | ||||||
4 | Advisory Committee. | ||||||
5 | "Certified nursing home" means any nursing home licensed | ||||||
6 | under the Nursing Home Care Act and certified under Title XIX | ||||||
7 | of the Social Security Act to participate as a vendor in the | ||||||
8 | medical assistance program under Article V of the Illinois | ||||||
9 | Public Aid Code. | ||||||
10 | "Comprehensive case management" means the assessment of | ||||||
11 | needs and preferences of an older adult at the direction of the | ||||||
12 | older adult or the older adult's designated representative and | ||||||
13 | the arrangement, coordination, and monitoring of an optimum | ||||||
14 | package of services to meet the needs of the older adult.
| ||||||
15 | "Consumer-directed" means decisions made by an informed | ||||||
16 | older adult from available services and care options, which may | ||||||
17 | range from independently making all decisions and managing | ||||||
18 | services directly to limited participation in decision-making, | ||||||
19 | based upon the functional and cognitive level of the older | ||||||
20 | adult. | ||||||
21 | "Coordinated point of entry" means an integrated access | ||||||
22 | point where consumers receive information and assistance, | ||||||
23 | assessment of needs, care planning, referral, assistance in | ||||||
24 | completing applications, authorization of services where | ||||||
25 | permitted, and follow-up to ensure that referrals and services | ||||||
26 | are accessed. |
| |||||||
| |||||||
1 | "Department" means the Department on Aging, in | ||||||
2 | collaboration with the departments of Public Health and | ||||||
3 | Healthcare and Family Services
Public Aid and other relevant | ||||||
4 | agencies and in consultation with the Advisory Committee, | ||||||
5 | except as otherwise provided.
| ||||||
6 | "Departments" means the Department on Aging, the | ||||||
7 | departments of Public Health and Healthcare and Family Services
| ||||||
8 | Public Aid , and other relevant agencies in collaboration with | ||||||
9 | each other and in consultation with the Advisory Committee, | ||||||
10 | except as otherwise provided.
| ||||||
11 | "Family caregiver" means an adult family member or another | ||||||
12 | individual who is an uncompensated provider of home-based or | ||||||
13 | community-based care to an older adult. | ||||||
14 | "Health services" means activities that promote, maintain, | ||||||
15 | improve, or restore mental or physical health or that are | ||||||
16 | palliative in nature.
| ||||||
17 | "Older adult" means a person age 60 or older and, if | ||||||
18 | appropriate, the person's family caregiver. | ||||||
19 | "Person-centered" means a process that builds upon an older | ||||||
20 | adult's strengths and capacities to engage in activities that | ||||||
21 | promote community life and that reflect the older adult's | ||||||
22 | preferences, choices, and abilities, to the extent | ||||||
23 | practicable. | ||||||
24 | "Priority service area" means an area identified by the | ||||||
25 | Departments as being less-served with respect to the | ||||||
26 | availability of and access to older adult services in Illinois. |
| |||||||
| |||||||
1 | The Departments shall determine by rule the criteria and | ||||||
2 | standards used to designate such areas. | ||||||
3 | "Priority service plan" means the plan developed pursuant | ||||||
4 | to Section 25 of this Act. | ||||||
5 | "Provider" means any supplier of services under this Act.
| ||||||
6 | "Residential setting" means the place where an older adult | ||||||
7 | lives. | ||||||
8 | "Restructuring" means the transformation of Illinois' | ||||||
9 | comprehensive system of older adult services from funding | ||||||
10 | primarily a facility-based service delivery system to | ||||||
11 | primarily a home-based and community-based system, taking into | ||||||
12 | account the continuing need for 24-hour skilled nursing care | ||||||
13 | and congregate housing with services. | ||||||
14 | "Services" means the range of housing, health, financial, | ||||||
15 | and supportive services, other than acute health care services, | ||||||
16 | that are delivered to an older adult with functional or | ||||||
17 | cognitive limitations, or socialization needs, who requires | ||||||
18 | assistance to perform activities of daily living, regardless of | ||||||
19 | the residential setting in which the services are delivered. | ||||||
20 | "Supportive services" means non-medical assistance given | ||||||
21 | over a period of time to an older adult that is needed to | ||||||
22 | compensate for the older adult's functional or cognitive | ||||||
23 | limitations, or socialization needs, or those services | ||||||
24 | designed to restore, improve, or maintain the older adult's | ||||||
25 | functional or cognitive abilities.
| ||||||
26 | (Source: P.A. 93-1031, eff. 8-27-04; revised 12-15-05.) |
| |||||||
| |||||||
1 | (320 ILCS 42/15)
| ||||||
2 | Sec. 15. Designation of lead agency; annual report. | ||||||
3 | (a) The Department on Aging shall be the lead agency for: | ||||||
4 | the provision of services to older adults and their family | ||||||
5 | caregivers; restructuring Illinois' service delivery system | ||||||
6 | for older adults; and implementation of this Act, except where | ||||||
7 | otherwise provided. The Department on Aging shall collaborate | ||||||
8 | with the departments of Public Health and Healthcare and Family | ||||||
9 | Services
Public Aid and any other relevant agencies, and shall | ||||||
10 | consult with the Advisory Committee, in all aspects of these | ||||||
11 | duties, except as otherwise provided in this Act. | ||||||
12 | (b) The Departments shall promulgate rules to implement | ||||||
13 | this Act pursuant to the Illinois Administrative Procedure Act. | ||||||
14 | (c) On January 1, 2006, and each January 1 thereafter, the | ||||||
15 | Department shall issue a report to the General Assembly on | ||||||
16 | progress made in complying with this Act, impediments thereto, | ||||||
17 | recommendations of the Advisory Committee, and any | ||||||
18 | recommendations for legislative changes necessary to implement | ||||||
19 | this Act. To the extent practicable, all reports required by | ||||||
20 | this Act shall be consolidated into a single report.
| ||||||
21 | (Source: P.A. 93-1031, eff. 8-27-04; revised 12-15-05.) | ||||||
22 | (320 ILCS 42/20)
| ||||||
23 | Sec. 20. Priority service areas; service expansion. | ||||||
24 | (a) The requirements of this Section are subject to the |
| |||||||
| |||||||
1 | availability of funding. | ||||||
2 | (b) The Department shall expand older adult services that | ||||||
3 | promote independence and permit older adults to remain in their | ||||||
4 | own homes and communities. Priority shall be given to both the | ||||||
5 | expansion of services and the development of new services in | ||||||
6 | priority service areas. | ||||||
7 | (c) Inventory of services. The Department shall develop and | ||||||
8 | maintain an inventory and assessment of (i) the types and | ||||||
9 | quantities of public older adult services and, to the extent | ||||||
10 | possible, privately provided older adult services, including | ||||||
11 | the unduplicated count, location, and characteristics of | ||||||
12 | individuals served by each facility, program, or service and | ||||||
13 | (ii) the resources supporting those services. | ||||||
14 | (d) Priority service areas. The Departments shall assess | ||||||
15 | the current and projected need for older adult services | ||||||
16 | throughout the State, analyze the results of the inventory, and | ||||||
17 | identify priority service areas, which shall serve as the basis | ||||||
18 | for a priority service plan to be filed with the Governor and | ||||||
19 | the General Assembly no later than July 1, 2006, and every 5 | ||||||
20 | years thereafter. | ||||||
21 | (e) Moneys appropriated by the General Assembly for the | ||||||
22 | purpose of this Section, receipts from donations, grants, fees, | ||||||
23 | or taxes that may accrue from any public or private sources to | ||||||
24 | the Department for the purpose of this Section, and savings | ||||||
25 | attributable to the nursing home conversion program as | ||||||
26 | calculated in subsection (h) shall be deposited into the |
| |||||||
| |||||||
1 | Department on Aging State Projects Fund. Interest earned by | ||||||
2 | those moneys in the Fund shall be credited to the Fund. | ||||||
3 | (f) Moneys described in subsection (e) from the Department | ||||||
4 | on Aging State Projects Fund shall be used for older adult | ||||||
5 | services, regardless of where the older adult receives the | ||||||
6 | service, with priority given to both the expansion of services | ||||||
7 | and the development of new services in priority service areas. | ||||||
8 | Fundable services shall include: | ||||||
9 | (1) Housing, health services, and supportive services: | ||||||
10 | (A) adult day care; | ||||||
11 | (B) adult day care for persons with Alzheimer's | ||||||
12 | disease and related disorders; | ||||||
13 | (C) activities of daily living; | ||||||
14 | (D) care-related supplies and equipment; | ||||||
15 | (E) case management; | ||||||
16 | (F) community reintegration; | ||||||
17 | (G) companion; | ||||||
18 | (H) congregate meals; | ||||||
19 | (I) counseling and education; | ||||||
20 | (J) elder abuse prevention and intervention; | ||||||
21 | (K) emergency response and monitoring; | ||||||
22 | (L) environmental modifications; | ||||||
23 | (M) family caregiver support; | ||||||
24 | (N) financial; | ||||||
25 | (O) home delivered meals;
| ||||||
26 | (P) homemaker; |
| |||||||
| |||||||
1 | (Q) home health; | ||||||
2 | (R) hospice; | ||||||
3 | (S) laundry; | ||||||
4 | (T) long-term care ombudsman; | ||||||
5 | (U) medication reminders;
| ||||||
6 | (V) money management; | ||||||
7 | (W) nutrition services;
| ||||||
8 | (X) personal care; | ||||||
9 | (Y) respite care; | ||||||
10 | (Z) residential care; | ||||||
11 | (AA) senior benefits outreach; | ||||||
12 | (BB) senior centers; | ||||||
13 | (CC) services provided under the Assisted Living | ||||||
14 | and Shared Housing Act, or sheltered care services that | ||||||
15 | meet the requirements of the Assisted Living and Shared | ||||||
16 | Housing Act, or services provided under Section | ||||||
17 | 5-5.01a of the Illinois Public Aid Code (the Supportive | ||||||
18 | Living Facilities Program); | ||||||
19 | (DD) telemedicine devices to monitor recipients in | ||||||
20 | their own homes as an alternative to hospital care, | ||||||
21 | nursing home care, or home visits; | ||||||
22 | (EE) training for direct family caregivers; | ||||||
23 | (FF) transition; | ||||||
24 | (GG) transportation; | ||||||
25 | (HH) wellness and fitness programs; and | ||||||
26 | (II) other programs designed to assist older |
| |||||||
| |||||||
1 | adults in Illinois to remain independent and receive | ||||||
2 | services in the most integrated residential setting | ||||||
3 | possible for that person. | ||||||
4 | (2) Older Adult Services Demonstration Grants, | ||||||
5 | pursuant to subsection (g) of this Section. | ||||||
6 | (g) Older Adult Services Demonstration Grants. The | ||||||
7 | Department shall establish a program of demonstration grants to | ||||||
8 | assist in the restructuring of the delivery system for older | ||||||
9 | adult services and provide funding for innovative service | ||||||
10 | delivery models and system change and integration initiatives. | ||||||
11 | The Department shall prescribe, by rule, the grant application | ||||||
12 | process. At a minimum, every application must include: | ||||||
13 | (1) The type of grant sought; | ||||||
14 | (2) A description of the project; | ||||||
15 | (3) The objective of the project; | ||||||
16 | (4) The likelihood of the project meeting identified | ||||||
17 | needs; | ||||||
18 | (5) The plan for financing, administration, and | ||||||
19 | evaluation of the project; | ||||||
20 | (6) The timetable for implementation; | ||||||
21 | (7) The roles and capabilities of responsible | ||||||
22 | individuals and organizations; | ||||||
23 | (8) Documentation of collaboration with other service | ||||||
24 | providers, local community government leaders, and other | ||||||
25 | stakeholders, other providers, and any other stakeholders | ||||||
26 | in the community; |
| |||||||
| |||||||
1 | (9) Documentation of community support for the | ||||||
2 | project, including support by other service providers, | ||||||
3 | local community government leaders, and other | ||||||
4 | stakeholders;
| ||||||
5 | (10) The total budget for the project; | ||||||
6 | (11) The financial condition of the applicant; and | ||||||
7 | (12) Any other application requirements that may be | ||||||
8 | established by the Department by rule. | ||||||
9 | Each project may include provisions for a designated staff | ||||||
10 | person who is responsible for the development of the project | ||||||
11 | and recruitment of providers. | ||||||
12 | Projects may include, but are not limited to: adult family | ||||||
13 | foster care; family adult day care; assisted living in a | ||||||
14 | supervised apartment; personal services in a subsidized | ||||||
15 | housing project; evening and weekend home care coverage; small | ||||||
16 | incentive grants to attract new providers; money following the | ||||||
17 | person; cash and counseling; managed long-term care; and at | ||||||
18 | least one respite care project that establishes a local | ||||||
19 | coordinated network of volunteer and paid respite workers, | ||||||
20 | coordinates assignment of respite workers to caregivers and | ||||||
21 | older adults, ensures the health and safety of the older adult, | ||||||
22 | provides training for caregivers, and ensures that support | ||||||
23 | groups are available in the community. | ||||||
24 | A demonstration project funded in whole or in part by an | ||||||
25 | Older Adult Services Demonstration Grant is exempt from the | ||||||
26 | requirements of the Illinois Health Facilities Planning Act. To |
| |||||||
| |||||||
1 | the extent applicable, however, for the purpose of maintaining | ||||||
2 | the statewide inventory authorized by the Illinois Health | ||||||
3 | Facilities Planning Act, the Department shall send to the | ||||||
4 | Health Facilities Planning Board a copy of each grant award | ||||||
5 | made under this subsection (g). | ||||||
6 | The Department, in collaboration with the Departments of | ||||||
7 | Public Health and Healthcare and Family Services
Public Aid , | ||||||
8 | shall evaluate the effectiveness of the projects receiving | ||||||
9 | grants under this Section. | ||||||
10 | (h) No later than July 1 of each year, the Department of | ||||||
11 | Public Health shall provide information to the Department of | ||||||
12 | Healthcare and Family Services
Public Aid to enable the | ||||||
13 | Department of Healthcare and Family Services
Public Aid to | ||||||
14 | annually document and verify the savings attributable to the | ||||||
15 | nursing home conversion program for the previous fiscal year to | ||||||
16 | estimate an annual amount of such savings that may be | ||||||
17 | appropriated to the Department on Aging State Projects Fund and | ||||||
18 | notify the General Assembly, the Department on Aging, the | ||||||
19 | Department of Human Services, and the Advisory Committee of the | ||||||
20 | savings no later than October 1 of the same fiscal year.
| ||||||
21 | (Source: P.A. 93-1031, eff. 8-27-04; 94-342, eff. 7-26-05; | ||||||
22 | revised 12-15-05.) | ||||||
23 | (320 ILCS 42/30)
| ||||||
24 | Sec. 30. Nursing home conversion program. | ||||||
25 | (a) The Department of Public Health, in collaboration with |
| |||||||
| |||||||
1 | the Department on Aging and the Department of Healthcare and | ||||||
2 | Family Services
Public Aid , shall establish a nursing home | ||||||
3 | conversion program. Start-up grants, pursuant to subsections | ||||||
4 | (l) and (m) of this Section, shall be made available to nursing | ||||||
5 | homes as appropriations permit as an incentive to reduce | ||||||
6 | certified beds, retrofit, and retool operations to meet new | ||||||
7 | service delivery expectations and demands. | ||||||
8 | (b) Grant moneys shall be made available for capital and | ||||||
9 | other costs related to: (1) the conversion of all or a part of | ||||||
10 | a nursing home to an assisted living establishment or a special | ||||||
11 | program or unit for persons with Alzheimer's disease or related | ||||||
12 | disorders licensed under the Assisted Living and Shared Housing | ||||||
13 | Act or a supportive living facility established under Section | ||||||
14 | 5-5.01a of the Illinois Public Aid Code; (2) the conversion of | ||||||
15 | multi-resident bedrooms in the facility into single-occupancy | ||||||
16 | rooms; and (3) the development of any of the services | ||||||
17 | identified in a priority service plan that can be provided by a | ||||||
18 | nursing home within the confines of a nursing home or | ||||||
19 | transportation services. Grantees shall be required to provide | ||||||
20 | a minimum of a 20% match toward the total cost of the project. | ||||||
21 | (c) Nothing in this Act shall prohibit the co-location of | ||||||
22 | services or the development of multifunctional centers under | ||||||
23 | subsection (f) of Section 20, including a nursing home offering | ||||||
24 | community-based services or a community provider establishing | ||||||
25 | a residential facility. | ||||||
26 | (d) A certified nursing home with at least 50% of its |
| |||||||
| |||||||
1 | resident population having their care paid for by the Medicaid | ||||||
2 | program is eligible to apply for a grant under this Section. | ||||||
3 | (e) Any nursing home receiving a grant under this Section | ||||||
4 | shall reduce the number of certified nursing home beds by a | ||||||
5 | number equal to or greater than the number of beds being | ||||||
6 | converted for one or more of the permitted uses under item (1) | ||||||
7 | or (2) of subsection (b). The nursing home shall retain the | ||||||
8 | Certificate of Need for its nursing and sheltered care beds | ||||||
9 | that were converted for 15 years. If the beds are reinstated by | ||||||
10 | the provider or its successor in interest, the provider shall | ||||||
11 | pay to the fund from which the grant was awarded, on an | ||||||
12 | amortized basis, the amount of the grant. The Department shall | ||||||
13 | establish, by rule, the bed reduction methodology for nursing | ||||||
14 | homes that receive a grant pursuant to item (3) of subsection | ||||||
15 | (b). | ||||||
16 | (f) Any nursing home receiving a grant under this Section | ||||||
17 | shall agree that, for a minimum of 10 years after the date that | ||||||
18 | the grant is awarded, a minimum of 50% of the nursing home's | ||||||
19 | resident population shall have their care paid for by the | ||||||
20 | Medicaid program. If the nursing home provider or its successor | ||||||
21 | in interest ceases to comply with the requirement set forth in | ||||||
22 | this subsection, the provider shall pay to the fund from which | ||||||
23 | the grant was awarded, on an amortized basis, the amount of the | ||||||
24 | grant. | ||||||
25 | (g) Before awarding grants, the Department of Public Health | ||||||
26 | shall seek recommendations from the Department on Aging and the |
| |||||||
| |||||||
1 | Department of Healthcare and Family Services
Public Aid . The | ||||||
2 | Department of Public Health shall attempt to balance the | ||||||
3 | distribution of grants among geographic regions, and among | ||||||
4 | small and large nursing homes. The Department of Public Health | ||||||
5 | shall develop, by rule, the criteria for the award of grants | ||||||
6 | based upon the following factors:
| ||||||
7 | (1) the unique needs of older adults (including those | ||||||
8 | with moderate and low incomes), caregivers, and providers | ||||||
9 | in the geographic area of the State the grantee seeks to | ||||||
10 | serve; | ||||||
11 | (2) whether the grantee proposes to provide services in | ||||||
12 | a priority service area; | ||||||
13 | (3) the extent to which the conversion or transition | ||||||
14 | will result in the reduction of certified nursing home beds | ||||||
15 | in an area with excess beds; | ||||||
16 | (4) the compliance history of the nursing home; and | ||||||
17 | (5) any other relevant factors identified by the | ||||||
18 | Department, including standards of need. | ||||||
19 | (h) A conversion funded in whole or in part by a grant | ||||||
20 | under this Section must not: | ||||||
21 | (1) diminish or reduce the quality of services | ||||||
22 | available to nursing home residents; | ||||||
23 | (2) force any nursing home resident to involuntarily | ||||||
24 | accept home-based or community-based services instead of | ||||||
25 | nursing home services; | ||||||
26 | (3) diminish or reduce the supply and distribution of |
| |||||||
| |||||||
1 | nursing home services in any community below the level of | ||||||
2 | need, as defined by the Department by rule; or | ||||||
3 | (4) cause undue hardship on any person who requires | ||||||
4 | nursing home care. | ||||||
5 | (i) The Department shall prescribe, by rule, the grant | ||||||
6 | application process. At a minimum, every application must | ||||||
7 | include: | ||||||
8 | (1) the type of grant sought; | ||||||
9 | (2) a description of the project; | ||||||
10 | (3) the objective of the project; | ||||||
11 | (4) the likelihood of the project meeting identified | ||||||
12 | needs; | ||||||
13 | (5) the plan for financing, administration, and | ||||||
14 | evaluation of the project; | ||||||
15 | (6) the timetable for implementation;
| ||||||
16 | (7) the roles and capabilities of responsible | ||||||
17 | individuals and organizations; | ||||||
18 | (8) documentation of collaboration with other service | ||||||
19 | providers, local community government leaders, and other | ||||||
20 | stakeholders, other providers, and any other stakeholders | ||||||
21 | in the community;
| ||||||
22 | (9) documentation of community support for the | ||||||
23 | project, including support by other service providers, | ||||||
24 | local community government leaders, and other | ||||||
25 | stakeholders; | ||||||
26 | (10) the total budget for the project;
|
| |||||||
| |||||||
1 | (11) the financial condition of the applicant; and | ||||||
2 | (12) any other application requirements that may be | ||||||
3 | established by the Department by rule.
| ||||||
4 | (j) A conversion project funded in whole or in part by a | ||||||
5 | grant under this Section is exempt from the requirements of the | ||||||
6 | Illinois Health Facilities Planning Act.
The Department of | ||||||
7 | Public Health, however, shall send to the Health Facilities | ||||||
8 | Planning Board a copy of each grant award made under this | ||||||
9 | Section. | ||||||
10 | (k) Applications for grants are public information, except | ||||||
11 | that nursing home financial condition and any proprietary data | ||||||
12 | shall be classified as nonpublic data.
| ||||||
13 | (l) The Department of Public Health may award grants from | ||||||
14 | the Long Term Care Civil Money Penalties Fund established under | ||||||
15 | Section 1919(h)(2)(A)(ii) of the Social Security Act and 42 CFR | ||||||
16 | 488.422(g) if the award meets federal requirements.
| ||||||
17 | (Source: P.A. 93-1031, eff. 8-27-04; revised 12-15-05.) | ||||||
18 | (320 ILCS 42/35)
| ||||||
19 | Sec. 35. Older Adult Services Advisory Committee. | ||||||
20 | (a) The Older Adult Services Advisory Committee is created | ||||||
21 | to advise the directors of Aging, Healthcare and Family | ||||||
22 | Services
Public Aid , and Public Health on all matters related | ||||||
23 | to this Act and the delivery of services to older adults in | ||||||
24 | general.
| ||||||
25 | (b) The Advisory Committee shall be comprised of the |
| |||||||
| |||||||
1 | following:
| ||||||
2 | (1) The Director of Aging or his or her designee, who | ||||||
3 | shall serve as chair and shall be an ex officio and | ||||||
4 | nonvoting member.
| ||||||
5 | (2) The Director of Healthcare and Family Services
| ||||||
6 | Public Aid and the Director of Public Health or their | ||||||
7 | designees, who shall serve as vice-chairs and shall be ex | ||||||
8 | officio and nonvoting members.
| ||||||
9 | (3) One representative each of the Governor's Office, | ||||||
10 | the Department of Healthcare and Family Services
Public | ||||||
11 | Aid , the Department of Public Health, the Department of | ||||||
12 | Veterans' Affairs, the Department of Human Services, the | ||||||
13 | Department of Insurance, the Department of Commerce and | ||||||
14 | Economic Opportunity, the Department on Aging, the | ||||||
15 | Department on Aging's State Long Term Care Ombudsman, the | ||||||
16 | Illinois Housing Finance Authority, and the Illinois | ||||||
17 | Housing Development Authority, each of whom shall be | ||||||
18 | selected by his or her respective director and shall be an | ||||||
19 | ex officio and nonvoting member.
| ||||||
20 | (4) Thirty-two members appointed by the Director of | ||||||
21 | Aging in collaboration with the directors of Public Health | ||||||
22 | and Healthcare and Family Services
Public Aid , and selected | ||||||
23 | from the recommendations of statewide associations and | ||||||
24 | organizations, as follows:
| ||||||
25 | (A) One member representing the Area Agencies on | ||||||
26 | Aging;
|
| |||||||
| |||||||
1 | (B) Four members representing nursing homes or | ||||||
2 | licensed assisted living establishments;
| ||||||
3 | (C) One member representing home health agencies;
| ||||||
4 | (D) One member representing case management | ||||||
5 | services;
| ||||||
6 | (E) One member representing statewide senior | ||||||
7 | center associations;
| ||||||
8 | (F) One member representing Community Care Program | ||||||
9 | homemaker services;
| ||||||
10 | (G) One member representing Community Care Program | ||||||
11 | adult day services;
| ||||||
12 | (H) One member representing nutrition project | ||||||
13 | directors;
| ||||||
14 | (I) One member representing hospice programs;
| ||||||
15 | (J) One member representing individuals with | ||||||
16 | Alzheimer's disease and related dementias;
| ||||||
17 | (K) Two members representing statewide trade or | ||||||
18 | labor unions;
| ||||||
19 | (L) One advanced practice nurse with experience in | ||||||
20 | gerontological nursing;
| ||||||
21 | (M) One physician specializing in gerontology;
| ||||||
22 | (N) One member representing regional long-term | ||||||
23 | care ombudsmen;
| ||||||
24 | (O) One member representing township officials;
| ||||||
25 | (P) One member representing municipalities;
| ||||||
26 | (Q) One member representing county officials;
|
| |||||||
| |||||||
1 | (R) One member representing the parish nurse | ||||||
2 | movement;
| ||||||
3 | (S) One member representing pharmacists;
| ||||||
4 | (T) Two members representing statewide | ||||||
5 | organizations engaging in advocacy or legal | ||||||
6 | representation on behalf of the senior population;
| ||||||
7 | (U) Two family caregivers;
| ||||||
8 | (V) Two citizen members over the age of 60;
| ||||||
9 | (W) One citizen with knowledge in the area of | ||||||
10 | gerontology research or health care law;
| ||||||
11 | (X) One representative of health care facilities | ||||||
12 | licensed under the Hospital Licensing Act; and
| ||||||
13 | (Y) One representative of primary care service | ||||||
14 | providers. | ||||||
15 | The Director of Aging, in collaboration with the Directors | ||||||
16 | of Public Health and Healthcare and Family Services
Public Aid , | ||||||
17 | may appoint additional citizen members to the Older Adult | ||||||
18 | Services Advisory Committee. Each such additional member must | ||||||
19 | be either an individual age 60 or older or an uncompensated | ||||||
20 | caregiver for a family member or friend who is age 60 or older.
| ||||||
21 | (c) Voting members of the Advisory Committee shall serve | ||||||
22 | for a term of 3 years or until a replacement is named. All | ||||||
23 | members shall be appointed no later than January 1, 2005. Of | ||||||
24 | the initial appointees, as determined by lot, 10 members shall | ||||||
25 | serve a term of one year; 10 shall serve for a term of 2 years; | ||||||
26 | and 12 shall serve for a term of 3 years. Any member appointed |
| |||||||
| |||||||
1 | to fill a vacancy occurring prior to the expiration of the term | ||||||
2 | for which his or her predecessor was appointed shall be | ||||||
3 | appointed for the remainder of that term. The Advisory | ||||||
4 | Committee shall meet at least quarterly and may meet more | ||||||
5 | frequently at the call of the Chair. A simple majority of those | ||||||
6 | appointed shall constitute a quorum. The affirmative vote of a | ||||||
7 | majority of those present and voting shall be necessary for | ||||||
8 | Advisory Committee action. Members of the Advisory Committee | ||||||
9 | shall receive no compensation for their services.
| ||||||
10 | (d) The Advisory Committee shall have an Executive | ||||||
11 | Committee comprised of the Chair, the Vice Chairs, and up to 15 | ||||||
12 | members of the Advisory Committee appointed by the Chair who | ||||||
13 | have demonstrated expertise in developing, implementing, or | ||||||
14 | coordinating the system restructuring initiatives defined in | ||||||
15 | Section 25. The Executive Committee shall have responsibility | ||||||
16 | to oversee and structure the operations of the Advisory | ||||||
17 | Committee and to create and appoint necessary subcommittees and | ||||||
18 | subcommittee members.
| ||||||
19 | (e) The Advisory Committee shall study and make | ||||||
20 | recommendations related to the implementation of this Act, | ||||||
21 | including but not limited to system restructuring initiatives | ||||||
22 | as defined in Section 25 or otherwise related to this Act.
| ||||||
23 | (Source: P.A. 93-1031, eff. 8-27-04; 94-31, eff. 6-14-05; | ||||||
24 | revised 12-15-05.) | ||||||
25 | Section 840. The Senior Pharmaceutical Assistance Act is |
| |||||||
| |||||||
1 | amended by changing Section 15 as follows: | ||||||
2 | (320 ILCS 50/15)
| ||||||
3 | Sec. 15. Senior Pharmaceutical Assistance Review | ||||||
4 | Committee.
| ||||||
5 | (a) The Senior Pharmaceutical Assistance Review Committee | ||||||
6 | is
created. The Committee shall consist of 17 members as | ||||||
7 | follows:
| ||||||
8 | (1) Twelve members appointed as follows: 2 members of | ||||||
9 | the General
Assembly and 1 member of the general public, | ||||||
10 | appointed by the President of the
Senate; 2 members of the | ||||||
11 | General Assembly and 1 member of the general public,
| ||||||
12 | appointed by the Minority Leader of the Senate; 2 members | ||||||
13 | of the General
Assembly and 1 member of the general public, | ||||||
14 | appointed by the Speaker of the
House of Representatives; | ||||||
15 | and 2 members of the General Assembly and 1 member of
the | ||||||
16 | general public, appointed by the Minority Leader of the | ||||||
17 | House of
Representatives.
These members shall serve at the | ||||||
18 | pleasure of the appointing authority.
| ||||||
19 | (2) The Director of Aging or his or her designee.
| ||||||
20 | (3) The Director of Revenue or his or her designee.
| ||||||
21 | (4) The Director of Healthcare and Family Services
| ||||||
22 | Public Aid or his or her designee.
| ||||||
23 | (5) The Secretary of Human Services or his or her | ||||||
24 | designee.
| ||||||
25 | (6) The Director of Public Health or his or her |
| |||||||
| |||||||
1 | designee.
| ||||||
2 | (b) Members appointed from the general public shall | ||||||
3 | represent the
following associations, organizations, and | ||||||
4 | interests: statewide
membership-based senior advocacy | ||||||
5 | organizations, pharmaceutical manufacturers,
pharmacists,
| ||||||
6 | dispensing pharmacies, physicians, and providers of services | ||||||
7 | to senior
citizens.
No single organization may have more than | ||||||
8 | one representative appointed as a
member from the general | ||||||
9 | public.
| ||||||
10 | (c) The President of the Senate and Speaker of the House of
| ||||||
11 | Representatives shall each designate one member of the | ||||||
12 | Committee to serve as
co-chairs.
| ||||||
13 | (d) Committee members shall serve without compensation or
| ||||||
14 | reimbursement for expenses.
| ||||||
15 | (e) The Committee shall meet at the call of the co-chairs, | ||||||
16 | but at
least quarterly.
| ||||||
17 | (f) The Committee may conduct public hearings to gather | ||||||
18 | testimony
from interested parties regarding pharmaceutical | ||||||
19 | assistance for Illinois
seniors, including changes to existing | ||||||
20 | and proposed programs.
| ||||||
21 | (g) The Committee may advise appropriate State agencies | ||||||
22 | regarding
the establishment of proposed programs or changes to | ||||||
23 | existing programs. The
State agencies shall take into | ||||||
24 | consideration any recommendations made by the
Committee.
| ||||||
25 | (h) The Committee shall report to the General Assembly and | ||||||
26 | the
Governor annually or as it deems necessary regarding |
| |||||||
| |||||||
1 | proposed or recommended
changes to pharmaceutical assistance | ||||||
2 | programs that benefit Illinois seniors and
any associated costs | ||||||
3 | of those changes.
| ||||||
4 | (i) In the event that a prescription drug benefit is added | ||||||
5 | to the federal
Medicare
program, the Committee shall make | ||||||
6 | recommendations for the realignment of State-operated senior | ||||||
7 | prescription drug programs so
that Illinois residents qualify | ||||||
8 | for at least substantially the same level of benefits
available | ||||||
9 | to them prior
to implementation of the Medicare prescription | ||||||
10 | drug benefit, provided that a resident remains eligible for | ||||||
11 | such a State-operated program. The Committee shall report its | ||||||
12 | recommendations to the General
Assembly and
the Governor by | ||||||
13 | January 1, 2005.
| ||||||
14 | (Source: P.A. 92-594, eff. 6-27-02; 93-843, eff. 7-30-04; | ||||||
15 | revised 12-15-05.)
| ||||||
16 | Section 845. The Illinois Prescription Drug Discount
| ||||||
17 | Program Act is amended by changing Sections 30 and 35 and by | ||||||
18 | renumbering Section 990 as follows:
| ||||||
19 | (320 ILCS 55/30)
| ||||||
20 | Sec. 30. Manufacturer rebate agreements.
| ||||||
21 | (a) Taking into consideration the extent to which the State | ||||||
22 | pays for
prescription
drugs under various State programs
and | ||||||
23 | the provision of assistance to disabled persons or eligible | ||||||
24 | seniors under
patient
assistance programs, prescription drug |
| |||||||
| |||||||
1 | discount programs, or other offers for
free or
reduced price | ||||||
2 | medicine, clinical research projects, limited supply | ||||||
3 | distribution
programs,
compassionate use programs, or programs | ||||||
4 | of research conducted by or for a drug
manufacturer, the | ||||||
5 | Department, its agent, or the program
administrator shall | ||||||
6 | negotiate and enter into rebate agreements with drug
| ||||||
7 | manufacturers, as
defined in this Act, to effect prescription | ||||||
8 | drug price discounts.
The Department or program administrator | ||||||
9 | may exclude certain medications from the list of covered | ||||||
10 | medications and may establish a preferred drug list as
a
basis
| ||||||
11 | for determining the discounts, administrative fees, or other | ||||||
12 | fees or rebates
under this Section.
| ||||||
13 | (b) (Blank).
| ||||||
14 | (c) Receipts from rebates
shall be used
to provide | ||||||
15 | discounts for prescription drugs purchased by cardholders and | ||||||
16 | to cover the cost of administering the program. Any receipts to | ||||||
17 | be
allocated to the Department shall be deposited into the | ||||||
18 | Illinois
Prescription Drug Discount Program Fund, a trust fund | ||||||
19 | created outside the State Treasury with the State Treasurer | ||||||
20 | acting as ex officio custodian. Disbursements from the Illinois | ||||||
21 | Prescription Drug Discount Program Fund shall be made upon the | ||||||
22 | direction of the Director of Central Management Services.
| ||||||
23 | (Source: P.A. 93-18, eff. 7-1-03; 94-86, eff. 1-1-06; 94-91, | ||||||
24 | eff. 7-1-05; revised 8-9-05.)
| ||||||
25 | (320 ILCS 55/35)
|
| |||||||
| |||||||
1 | Sec. 35. Program eligibility.
| ||||||
2 | (a) Any person may apply to the Department or its program | ||||||
3 | administrator for
participation in the program in the form and | ||||||
4 | manner required by the Department.
The
Department or its | ||||||
5 | program administrator shall determine the eligibility of each
| ||||||
6 | applicant
for the program within 30 days after the date of | ||||||
7 | application. To participate in
the program
an eligible Illinois | ||||||
8 | resident whose application has been approved must
pay the fee | ||||||
9 | determined by the Director
upon enrollment and annually | ||||||
10 | thereafter and shall receive a program
identification card.
The | ||||||
11 | card may be presented to an authorized pharmacy to assist the | ||||||
12 | pharmacy in
verifying
eligibility under the program. If the | ||||||
13 | Department is the program administrator, the Department shall | ||||||
14 | deposit the enrollment fees
collected
into the Illinois
| ||||||
15 | Prescription Drug Discount
Program Fund.
If the program | ||||||
16 | administrator is a contracted vendor, the vendor may collect | ||||||
17 | the enrollment fees and must report all such collected | ||||||
18 | enrollment fees to the Department on a regular basis. The | ||||||
19 | enrollment fees
deposited into
the Illinois Prescription Drug | ||||||
20 | Discount Program Fund must be
separately accounted for by the | ||||||
21 | Department. If 2 or more persons are eligible
for any
benefit | ||||||
22 | under this Act and are members of the same household, each
| ||||||
23 | participating
household member shall apply and pay the fee | ||||||
24 | required for the
purpose
of obtaining an identification card. | ||||||
25 | To participate in the program, an applicant must (i) be a | ||||||
26 | resident of Illinois and (ii) have household income equal to or |
| |||||||
| |||||||
1 | less than 300% of the Federal Poverty Level.
| ||||||
2 | (b) Proceeds from annual enrollment fees shall be
used
to | ||||||
3 | offset the administrative cost of this Act. The Department
may
| ||||||
4 | reduce the annual enrollment fee by rule if the revenue from | ||||||
5 | the enrollment
fees is in
excess of the costs to carry out the | ||||||
6 | program.
| ||||||
7 | (c) (Blank).
| ||||||
8 | (Source: P.A. 93-18, eff. 7-1-03; 94-86, eff. 1-1-06; 94-91, | ||||||
9 | eff. 7-1-05; revised 8-9-05.)
| ||||||
10 | (320 ILCS 55/90) (was 320 ILCS 55/990)
| ||||||
11 | Sec. 90
990 . (Amendatory provisions; text omitted). | ||||||
12 | (Source: P.A. 93-18, eff. 7-1-03; text omitted; revised | ||||||
13 | 9-28-03.)
| ||||||
14 | Section 850. The Family Caregiver Act is amended by | ||||||
15 | changing Section 16 as follows: | ||||||
16 | (320 ILCS 65/16)
| ||||||
17 | Sec. 16. Family caregiver demonstration grant. The | ||||||
18 | Department shall seek
federal funding for the establishment and | ||||||
19 | assessment of a Family Caregiver
Training and Support | ||||||
20 | Demonstration Project. The Department is authorized to
fund
2 | ||||||
21 | sites, one in a rural community and one in a more urban area. | ||||||
22 | The
Department
shall adopt rules governing participation and | ||||||
23 | oversight of the program.
The Department shall seek technical |
| |||||||
| |||||||
1 | assistance from the Department of Public
Aid (now Healthcare | ||||||
2 | and Family Services) and the Department of Human Services. The | ||||||
3 | Department shall
advise the Governor and the General Assembly | ||||||
4 | regarding the effectiveness of
the program within 6 months | ||||||
5 | after the conclusion of the demonstration period.
| ||||||
6 | (Source: P.A. 93-864, eff. 8-5-04; revised 12-15-05.) | ||||||
7 | Section 855. The Abandoned Newborn Infant Protection Act is | ||||||
8 | amended by changing Section 45 as follows:
| ||||||
9 | (325 ILCS 2/45)
| ||||||
10 | Sec. 45. Medical assistance. Notwithstanding any other | ||||||
11 | provision of
law, a newborn infant relinquished in accordance | ||||||
12 | with this Act shall be deemed
eligible for medical assistance | ||||||
13 | under
the Illinois Public Aid Code, and a hospital
providing | ||||||
14 | medical services to such an infant shall be reimbursed for | ||||||
15 | those
services in accordance with the payment
methodologies | ||||||
16 | authorized under that
Code. In addition, for
any day that a | ||||||
17 | hospital has custody of a newborn infant
relinquished in | ||||||
18 | accordance with this Act and the infant does not require
| ||||||
19 | medically necessary care, the hospital shall be reimbursed by | ||||||
20 | the Illinois
Department of Healthcare and Family Services
| ||||||
21 | Public Aid at the general acute care per diem rate, in | ||||||
22 | accordance
with 89 Ill. Adm. Code 148.270(c).
| ||||||
23 | (Source: P.A. 92-408, eff. 8-17-01; 92-432, eff. 8-17-01; | ||||||
24 | revised 12-15-05.)
|
| |||||||
| |||||||
1 | Section 860. The Abused and Neglected Child Reporting Act | ||||||
2 | is amended by changing Section 7.20 as follows:
| ||||||
3 | (325 ILCS 5/7.20)
| ||||||
4 | Sec. 7.20. Inter-agency agreements for information. The | ||||||
5 | Department shall
enter into an inter-agency agreement with the | ||||||
6 | Secretary of State to establish a
procedure by which employees | ||||||
7 | of the Department may have immediate
access to driver's license | ||||||
8 | records maintained by the Secretary of State if
the Department | ||||||
9 | determines the information is necessary to perform its duties
| ||||||
10 | under the Abused and Neglected Child Reporting Act, the Child | ||||||
11 | Care Act of 1969,
and the
Children and Family Services Act.
The | ||||||
12 | Department shall enter into an
inter-agency agreement with the | ||||||
13 | Illinois Department of Healthcare and Family Services
Public | ||||||
14 | Aid and the
Department of Human Services (acting as successor | ||||||
15 | to the Department of Public
Aid under the Department of Human | ||||||
16 | Services Act) to establish
a procedure by which employees of | ||||||
17 | the Department may have
immediate access to records, files, | ||||||
18 | papers, and communications (except medical,
alcohol or drug | ||||||
19 | assessment or treatment, mental health, or any other medical
| ||||||
20 | records) of the Illinois
Department of Healthcare and Family | ||||||
21 | Services
Public Aid , county departments of public aid, the
| ||||||
22 | Department
of Human Services, and local governmental units
| ||||||
23 | receiving State or federal funds or aid to provide public aid,
| ||||||
24 | if the Department determines the information is necessary to |
| |||||||
| |||||||
1 | perform its duties
under the Abused and Neglected Child | ||||||
2 | Reporting
Act, the Child Care Act of 1969, and the Children and | ||||||
3 | Family Services Act.
| ||||||
4 | (Source: P.A. 88-614, eff. 9-7-94; 89-507, eff. 7-1-97; revised | ||||||
5 | 12-15-05.)
| ||||||
6 | Section 865. The Early Intervention Services System Act is | ||||||
7 | amended by changing Sections 4, 5, and 13.5 as follows:
| ||||||
8 | (325 ILCS 20/4) (from Ch. 23, par. 4154)
| ||||||
9 | Sec. 4. Illinois Interagency Council on Early | ||||||
10 | Intervention.
| ||||||
11 | (a) There is established the Illinois Interagency Council | ||||||
12 | on Early
Intervention. The Council shall be composed of at | ||||||
13 | least 15 but not more than
25 members. The members of the | ||||||
14 | Council and the designated chairperson of the
Council shall be | ||||||
15 | appointed by the Governor. The Council member representing the
| ||||||
16 | lead agency may not serve as chairperson of the Council. The | ||||||
17 | Council shall be
composed of the following members:
| ||||||
18 | (1) The Secretary of Human Services (or his or her | ||||||
19 | designee) and 2
additional representatives of the | ||||||
20 | Department of Human Services designated by
the Secretary, | ||||||
21 | plus the Directors (or their designees) of the following | ||||||
22 | State
agencies involved in the provision of or payment for | ||||||
23 | early intervention
services to eligible infants and | ||||||
24 | toddlers and their families:
|
| |||||||
| |||||||
1 | (A) Illinois State Board of Education;
| ||||||
2 | (B) (Blank);
| ||||||
3 | (C) (Blank);
| ||||||
4 | (D) Illinois Department of Children and Family | ||||||
5 | Services;
| ||||||
6 | (E) University of Illinois Division of Specialized | ||||||
7 | Care
for Children;
| ||||||
8 | (F) Illinois Department of Healthcare and Family | ||||||
9 | Services
Public Aid ;
| ||||||
10 | (G) Illinois Department of Public Health;
| ||||||
11 | (H) (Blank);
| ||||||
12 | (I) Illinois Planning Council on Developmental | ||||||
13 | Disabilities; and
| ||||||
14 | (J) Illinois Department of Insurance.
| ||||||
15 | (2) Other members as follows:
| ||||||
16 | (A) At least 20% of the members of the Council | ||||||
17 | shall be parents,
including minority parents, of | ||||||
18 | infants or toddlers with disabilities or
children with | ||||||
19 | disabilities aged 12 or younger, with knowledge of, or
| ||||||
20 | experience with, programs for infants and toddlers | ||||||
21 | with disabilities. At
least one such member shall be a | ||||||
22 | parent of an infant or toddler with a
disability or a | ||||||
23 | child with a disability aged 6 or younger;
| ||||||
24 | (B) At least 20% of the members of the Council | ||||||
25 | shall be public or
private providers of early | ||||||
26 | intervention services;
|
| |||||||
| |||||||
1 | (C) One member shall be a representative of the | ||||||
2 | General Assembly; and
| ||||||
3 | (D) One member shall be involved in the preparation | ||||||
4 | of professional
personnel to serve infants and | ||||||
5 | toddlers similar to those eligible for services
under | ||||||
6 | this Act.
| ||||||
7 | The Council shall meet at least quarterly and in such | ||||||
8 | places as it deems
necessary. Terms of the initial members | ||||||
9 | appointed under paragraph (2) shall be
determined by lot at the | ||||||
10 | first Council meeting as follows: of the persons
appointed | ||||||
11 | under subparagraphs (A) and (B), one-third shall serve one year
| ||||||
12 | terms, one-third shall serve 2 year terms, and one-third shall | ||||||
13 | serve 3 year
terms; and of the persons appointed under | ||||||
14 | subparagraphs (C) and (D), one
shall serve a 2 year term and | ||||||
15 | one shall serve a 3 year term. Thereafter,
successors appointed | ||||||
16 | under paragraph (2) shall serve 3 year terms. Once
appointed, | ||||||
17 | members shall continue to serve until their successors are
| ||||||
18 | appointed. No member shall be appointed to serve more than 2 | ||||||
19 | consecutive
terms.
| ||||||
20 | Council members shall serve without compensation but shall | ||||||
21 | be reimbursed
for reasonable costs incurred in the performance | ||||||
22 | of their duties, including
costs related to child care, and | ||||||
23 | parents may be paid a stipend in accordance
with applicable | ||||||
24 | requirements.
| ||||||
25 | The Council shall prepare and approve a budget using funds | ||||||
26 | appropriated
for the purpose to hire staff, and obtain the |
| |||||||
| |||||||
1 | services of such
professional, technical, and clerical | ||||||
2 | personnel as may be necessary to
carry out its functions under | ||||||
3 | this Act. This funding support and staff
shall be directed by | ||||||
4 | the lead agency.
| ||||||
5 | (b) The Council shall:
| ||||||
6 | (1) advise and assist the lead agency in the | ||||||
7 | performance of its
responsibilities including but not | ||||||
8 | limited to the identification of sources
of fiscal and | ||||||
9 | other support services for early intervention programs, | ||||||
10 | and
the promotion of interagency agreements which assign | ||||||
11 | financial
responsibility to the appropriate agencies;
| ||||||
12 | (2) advise and assist the lead agency in the | ||||||
13 | preparation of applications
and amendments to | ||||||
14 | applications;
| ||||||
15 | (3) review and advise on relevant regulations and | ||||||
16 | standards proposed by
the related State agencies;
| ||||||
17 | (4) advise and assist the lead agency in the | ||||||
18 | development,
implementation and evaluation of the | ||||||
19 | comprehensive early intervention services
system; and
| ||||||
20 | (5) prepare and submit an annual report to the Governor | ||||||
21 | and to the
General Assembly on the status of early | ||||||
22 | intervention programs for eligible
infants and toddlers | ||||||
23 | and their families in Illinois.
The annual report shall | ||||||
24 | include (i) the estimated number of eligible infants
and | ||||||
25 | toddlers in this State, (ii) the number of eligible infants | ||||||
26 | and toddlers
who have received services under this Act and |
| |||||||
| |||||||
1 | the cost of providing those
services, (iii) the estimated | ||||||
2 | cost of providing services under this Act
to
all eligible | ||||||
3 | infants and toddlers in this State, and (iv) data and other
| ||||||
4 | information as is requested to be included by the
| ||||||
5 | Legislative Advisory Committee established under Section | ||||||
6 | 13.50 of this Act.
The report shall be posted by the lead | ||||||
7 | agency on the early intervention website
as required under | ||||||
8 | paragraph (f) of Section 5 of this Act.
| ||||||
9 | No member of the Council shall cast a vote on or | ||||||
10 | participate substantially
in any matter which would provide a | ||||||
11 | direct financial benefit to that member
or otherwise give the | ||||||
12 | appearance of a conflict of interest under State law.
All | ||||||
13 | provisions and reporting requirements of the Illinois | ||||||
14 | Governmental Ethics
Act shall apply to Council members.
| ||||||
15 | (Source: P.A. 91-357; eff. 7-29-99; 92-307, eff. 8-9-01; | ||||||
16 | revised 12-15-05.)
| ||||||
17 | (325 ILCS 20/5) (from Ch. 23, par. 4155)
| ||||||
18 | Sec. 5. Lead Agency. The Department of Human Services is | ||||||
19 | designated the
lead agency and shall
provide leadership in | ||||||
20 | establishing and implementing the coordinated,
comprehensive, | ||||||
21 | interagency and interdisciplinary system of early intervention
| ||||||
22 | services. The lead agency shall not have the sole | ||||||
23 | responsibility for
providing these services. Each | ||||||
24 | participating State agency shall continue
to coordinate those | ||||||
25 | early intervention services relating to health, social
service |
| |||||||
| |||||||
1 | and education provided under this authority.
| ||||||
2 | The lead agency is responsible for carrying out the | ||||||
3 | following:
| ||||||
4 | (a) The general administration, supervision, and | ||||||
5 | monitoring of programs
and activities receiving assistance | ||||||
6 | under Section 673 of the Individuals
with Disabilities | ||||||
7 | Education Act (20 United States Code 1473).
| ||||||
8 | (b) The identification and coordination of all | ||||||
9 | available resources within
the State from federal, State, | ||||||
10 | local and private sources.
| ||||||
11 | (c) The development of procedures to ensure that | ||||||
12 | services are provided to
eligible infants and toddlers and | ||||||
13 | their families in a timely manner pending
the resolution of | ||||||
14 | any disputes among public agencies or service
providers.
| ||||||
15 | (d) The resolution of intra-agency and interagency | ||||||
16 | regulatory and
procedural disputes.
| ||||||
17 | (e) The development and implementation of formal | ||||||
18 | interagency agreements,
and the entry into such | ||||||
19 | agreements, between the lead agency and (i) the
Department | ||||||
20 | of Healthcare and Family Services
Public Aid , (ii) the | ||||||
21 | University of Illinois Division of
Specialized Care for | ||||||
22 | Children, and (iii) other relevant State agencies that:
| ||||||
23 | (1) define the financial responsibility of each | ||||||
24 | agency for paying
for early intervention services | ||||||
25 | (consistent with existing State and federal
law and | ||||||
26 | rules, including the requirement that early |
| |||||||
| |||||||
1 | intervention funds
be used as the payor of last | ||||||
2 | resort), a hierarchical order of payment as
among the | ||||||
3 | agencies for
early intervention services that are | ||||||
4 | covered under or may
be paid by programs in other | ||||||
5 | agencies,
and procedures for direct billing, | ||||||
6 | collecting reimbursements for payments
made, and | ||||||
7 | resolving service and payment disputes; and
| ||||||
8 | (2) include all additional components necessary to | ||||||
9 | ensure meaningful
cooperation and coordination.
| ||||||
10 | Interagency agreements under this paragraph (e) must | ||||||
11 | be reviewed and
revised to implement the purposes of this | ||||||
12 | amendatory Act of the 92nd General
Assembly no later than | ||||||
13 | 60 days after the effective date of this amendatory Act
of | ||||||
14 | the 92nd General Assembly.
| ||||||
15 | (f) The maintenance of an early intervention website. | ||||||
16 | Within 30 days
after the effective date of this amendatory | ||||||
17 | Act of the 92nd General Assembly,
the lead agency shall | ||||||
18 | post and keep posted on this website the following: (i)
the | ||||||
19 | current annual report required under subdivision (b)(5) of | ||||||
20 | Section 4 of
this Act, and the annual reports of the prior | ||||||
21 | 3 years, (ii) the most recent
Illinois application for | ||||||
22 | funds prepared under Section 637 of the Individuals
with | ||||||
23 | Disabilities Education Act filed with the United States | ||||||
24 | Department of
Education, (iii) proposed modifications of | ||||||
25 | the application prepared for public
comment, (iv) notice of | ||||||
26 | Council meetings, Council agendas, and minutes of its
|
| |||||||
| |||||||
1 | proceedings for at least the previous year, (v) proposed | ||||||
2 | and final early
intervention rules, (vi) requests for | ||||||
3 | proposals, and (vii) all reports created
for dissemination | ||||||
4 | to the public that are related to the early intervention
| ||||||
5 | program, including reports prepared at the request of the | ||||||
6 | Council, the General
Assembly, and the Legislative | ||||||
7 | Advisory Committee established under Section
13.50 of this | ||||||
8 | Act. Each such document shall be posted on the website | ||||||
9 | within 3
working days after the document's completion.
| ||||||
10 | (Source: P.A. 92-307, eff. 8-9-01; revised 12-15-05.)
| ||||||
11 | (325 ILCS 20/13.5)
| ||||||
12 | Sec. 13.5. Other programs.
| ||||||
13 | (a) When an application or a review of
eligibility for | ||||||
14 | early
intervention services is made, and at any
eligibility | ||||||
15 | redetermination
thereafter, the family shall be asked if it
is | ||||||
16 | currently enrolled in
Medicaid, KidCare, or the Title V program
| ||||||
17 | administered by the University of Illinois
Division of
| ||||||
18 | Specialized Care for Children. If the
family is enrolled in any | ||||||
19 | of these
programs, that information shall be put on
the | ||||||
20 | individualized family service
plan and entered into the | ||||||
21 | computerized case
management system, and shall
require that the | ||||||
22 | individualized family
services plan of a child who has been
| ||||||
23 | found eligible for services through the
Division of Specialized | ||||||
24 | Care for
Children state that the child is enrolled
in that | ||||||
25 | program. For those
programs in which the family is not
|
| |||||||
| |||||||
1 | enrolled, a preliminary eligibility
screen shall be
conducted | ||||||
2 | simultaneously
for (i) medical assistance
(Medicaid) under
| ||||||
3 | Article V of the Illinois Public Aid Code, (ii)
children's
| ||||||
4 | health insurance program (KidCare) benefits
under the
| ||||||
5 | Children's Health Insurance Program Act, and (iii)
Title V
| ||||||
6 | maternal and child health services provided
through the
| ||||||
7 | Division of Specialized Care for Children of the
University
of | ||||||
8 | Illinois.
| ||||||
9 | (b) For purposes of determining family fees
under
| ||||||
10 | subsection (f) of Section 13 and determining
eligibility for
| ||||||
11 | the other programs and services specified in
items (i)
through | ||||||
12 | (iii) of subsection (a), the lead agency
shall
develop and use, | ||||||
13 | within 60 days after the effective
date of
this amendatory Act | ||||||
14 | of the 92nd General Assembly,
with the
cooperation of the | ||||||
15 | Department of Public Aid (now Healthcare and Family Services)
| ||||||
16 | and the
Division
of Specialized Care for Children of the
| ||||||
17 | University of
Illinois, a screening device that provides
| ||||||
18 | sufficient
information for the early intervention regional
| ||||||
19 | intake
entities or other agencies to establish eligibility for
| ||||||
20 | those
other programs
and shall, in cooperation with the | ||||||
21 | Illinois
Department of Public Aid (now Healthcare and Family | ||||||
22 | Services) and the Division
of Specialized Care for Children, | ||||||
23 | train the
regional intake entities
on using the screening | ||||||
24 | device.
| ||||||
25 | (c) When a child is
determined eligible for and enrolled
in | ||||||
26 | the early intervention
program and has been found to at least |
| |||||||
| |||||||
1 | meet
the threshold income
eligibility requirements for | ||||||
2 | Medicaid or
KidCare, the regional intake entity
shall complete | ||||||
3 | a KidCare/Medicaid
application with the family and forward it
| ||||||
4 | to the
Illinois Department of Healthcare and Family Services'
| ||||||
5 | Public Aid's KidCare
Unit for a determination of
eligibility.
| ||||||
6 | (d) With the cooperation of the Department of Healthcare | ||||||
7 | and Family Services
Public
Aid , the lead agency shall establish | ||||||
8 | procedures that
ensure
the timely and maximum allowable | ||||||
9 | recovery of payments
for all
early intervention services and | ||||||
10 | allowable
administrative
costs under Article V of the Illinois | ||||||
11 | Public Aid
Code and the
Children's Health Insurance Program Act | ||||||
12 | and shall include
those procedures in the interagency agreement | ||||||
13 | required under subsection (e) of
Section 5 of this Act.
| ||||||
14 | (e) For purposes of making referrals for final
| ||||||
15 | determinations of eligibility for KidCare benefits
under the | ||||||
16 | Children's Health Insurance Program Act and for medical | ||||||
17 | assistance
under Article V of the Illinois Public Aid Code,
the | ||||||
18 | lead agency shall require each early intervention regional | ||||||
19 | intake entity to
enroll as a "KidCare agent" in order for the | ||||||
20 | entity to complete the KidCare
application as authorized under | ||||||
21 | Section 22 of the Children's Health Insurance
Program Act.
| ||||||
22 | (f) For purposes of early intervention services that may be | ||||||
23 | provided
by the Division of Specialized Care for Children of | ||||||
24 | the University of Illinois
(DSCC), the lead agency shall | ||||||
25 | establish procedures whereby the early
intervention regional
| ||||||
26 | intake entities may determine whether children enrolled in the |
| |||||||
| |||||||
1 | early
intervention program may also be eligible for those | ||||||
2 | services, and shall
develop, within 60 days after the effective | ||||||
3 | date of this amendatory Act of the
92nd General Assembly, (i) | ||||||
4 | the inter-agency agreement required under subsection
(e) of | ||||||
5 | Section 5 of this Act, establishing that early intervention | ||||||
6 | funds are to
be used as the payor of last resort when services | ||||||
7 | required under an
individualized family services plan may be | ||||||
8 | provided to an eligible child
through the DSCC, and (ii) | ||||||
9 | training
guidelines for the regional intake entities
and | ||||||
10 | providers that explain eligibility and billing procedures for
| ||||||
11 | services through DSCC.
| ||||||
12 | (g) The lead agency shall require that an
individual | ||||||
13 | applying for or renewing
enrollment as a provider of services | ||||||
14 | in the
early intervention program state whether or
not he or | ||||||
15 | she is also enrolled as a DSCC
provider. This information shall | ||||||
16 | be noted
next to the name of the provider on the
computerized | ||||||
17 | roster of Illinois early
intervention providers, and regional | ||||||
18 | intake
entities shall make every effort to refer
families | ||||||
19 | eligible for DSCC services to
these providers.
| ||||||
20 | (Source: P.A. 92-307, eff. 8-9-01; revised 12-15-05.)
| ||||||
21 | Section 870. The Interagency Board for Children who are | ||||||
22 | Deaf or Hard-of-Hearing and
have an Emotional or Behavioral | ||||||
23 | Disorder Act is amended by changing Section 4 as follows:
| ||||||
24 | (325 ILCS 35/4) (from Ch. 23, par. 6704)
|
| |||||||
| |||||||
1 | Sec. 4. Appointment. The Board shall consist of 12 members, | ||||||
2 | one of whom
shall be appointed by the Governor. The State | ||||||
3 | Superintendent of Education
shall appoint 2 members, one of | ||||||
4 | whom shall be a parent of a child who is deaf
or | ||||||
5 | hard-of-hearing and has an emotional or behavioral disorder, | ||||||
6 | and one of whom
shall be an employee of the agency. The | ||||||
7 | Director of Children and Family
Services shall appoint 2 | ||||||
8 | members, one of whom shall be a parent, foster parent,
or legal | ||||||
9 | guardian of a child who is deaf or hard-of-hearing and has an
| ||||||
10 | emotional or behavioral disorder, and one of whom shall be an | ||||||
11 | employee of the
agency. The Secretary of Human Services shall | ||||||
12 | appoint 4 members, 2
of whom shall be parents of children who
| ||||||
13 | are deaf or hard of hearing and have an emotional or
behavioral | ||||||
14 | disorder, and 2 of whom
shall be employees of the agency.
| ||||||
15 | The Director of Healthcare and Family Services
Public Aid
| ||||||
16 | shall appoint one member who shall be an
employee of the | ||||||
17 | agency. The Community and Residential Services Authority
for | ||||||
18 | Behavior Disturbed and Severe Emotionally Disturbed Students | ||||||
19 | shall appoint
one member who shall be an employee of the | ||||||
20 | Authority, and the Director of the
Division of Specialized Care | ||||||
21 | for Children shall appoint one member who shall be
an employee | ||||||
22 | of that agency.
| ||||||
23 | Each appointing authority shall give preference to any | ||||||
24 | qualified deaf
employee when making appointments to the Board.
| ||||||
25 | (Source: P.A. 89-507, eff. 7-1-97; 89-680, eff. 1-1-97; 90-14, | ||||||
26 | eff.
7-1-97; revised 12-15-05.)
|
| |||||||
| |||||||
1 | Section 875. The Mental Health and Developmental | ||||||
2 | Disabilities Code is amended by changing Sections 5-107 and | ||||||
3 | 5-107.1 as follows:
| ||||||
4 | (405 ILCS 5/5-107) (from Ch. 91 1/2, par. 5-107)
| ||||||
5 | Sec. 5-107. Remittances from intermediary agencies under | ||||||
6 | Title XVIII of
the Federal Social Security Act for services to | ||||||
7 | persons in State facilities
shall be deposited with the State | ||||||
8 | Treasurer and placed in the Mental Health
Fund. Payments | ||||||
9 | received from the Department of Healthcare and Family Services
| ||||||
10 | Public Aid under Title XIX
of the Federal Social Security Act | ||||||
11 | for services to persons in State
facilities shall be deposited | ||||||
12 | with the State Treasurer and shall be placed
in the General | ||||||
13 | Revenue Fund.
| ||||||
14 | The Auditor General shall audit or cause to be audited all | ||||||
15 | amounts
collected by the Department.
| ||||||
16 | (Source: P.A. 80-1414; revised 12-15-05.)
| ||||||
17 | (405 ILCS 5/5-107.1) (from Ch. 91 1/2, par. 5-107.1)
| ||||||
18 | Sec. 5-107.1. Remittances from or on behalf of licensed | ||||||
19 | long-term care
facilities through Department of Healthcare and | ||||||
20 | Family Services
Public Aid reimbursement and monies from
other | ||||||
21 | funds for Day Training Programs for clients with a | ||||||
22 | developmental
disability shall be deposited with the State | ||||||
23 | Treasurer and placed in the Mental
Health Fund.
|
| |||||||
| |||||||
1 | The Auditor General shall audit or cause to be audited all | ||||||
2 | amounts
collected by the Department.
| ||||||
3 | (Source: P.A. 88-380; revised 12-15-05.)
| ||||||
4 | Section 880. The Children's Mental Health Act of 2003 is | ||||||
5 | amended by changing Section 5 as follows:
| ||||||
6 | (405 ILCS 49/5)
| ||||||
7 | Sec. 5. Children's Mental Health Plan.
| ||||||
8 | (a) The State of Illinois shall develop a Children's Mental | ||||||
9 | Health Plan
containing short-term and long-term | ||||||
10 | recommendations to provide
comprehensive, coordinated mental
| ||||||
11 | health prevention, early intervention, and treatment services | ||||||
12 | for children from
birth through age 18. This Plan
shall include | ||||||
13 | but not be limited to:
| ||||||
14 | (1) Coordinated provider services and interagency | ||||||
15 | referral networks for
children from birth through age 18 to | ||||||
16 | maximize resources and
minimize duplication of services.
| ||||||
17 | (2) Guidelines for incorporating social and emotional | ||||||
18 | development into
school learning standards and educational | ||||||
19 | programs, pursuant to
Section 15 of this Act.
| ||||||
20 | (3) Protocols for implementing screening and | ||||||
21 | assessment of children prior
to any admission to an | ||||||
22 | inpatient hospital for psychiatric services,
pursuant to | ||||||
23 | subsection (a) of Section 5-5.23 of the Illinois Public Aid
| ||||||
24 | Code.
|
| |||||||
| |||||||
1 | (4) Recommendations regarding a State budget for | ||||||
2 | children's mental
health prevention, early intervention, | ||||||
3 | and treatment across all State
agencies.
| ||||||
4 | (5) Recommendations for State and local mechanisms for | ||||||
5 | integrating
federal, State, and local
funding sources for | ||||||
6 | children's mental health.
| ||||||
7 | (6) Recommendations for building a qualified and | ||||||
8 | adequately trained
workforce prepared to provide mental | ||||||
9 | health services for children
from birth through age 18 and | ||||||
10 | their families.
| ||||||
11 | (7) Recommendations for facilitating research on best | ||||||
12 | practices and
model programs, and dissemination of this | ||||||
13 | information to Illinois
policymakers, practitioners, and | ||||||
14 | the general public through training,
technical assistance, | ||||||
15 | and educational materials.
| ||||||
16 | (8) Recommendations for a comprehensive, multi-faceted | ||||||
17 | public
awareness campaign to reduce the stigma of mental | ||||||
18 | illness and
educate families, the general public, and other | ||||||
19 | key audiences about the
benefits of children's social and | ||||||
20 | emotional development, and how to
access services.
| ||||||
21 | (9) Recommendations for creating a quality-driven | ||||||
22 | children's mental
health system with shared accountability | ||||||
23 | among key State agencies
and programs that conducts ongoing | ||||||
24 | needs assessments, uses outcome
indicators and benchmarks | ||||||
25 | to measure progress, and implements
quality data tracking | ||||||
26 | and reporting systems.
|
| |||||||
| |||||||
1 | (b) The Children's Mental Health Partnership (hereafter | ||||||
2 | referred to as "the
Partnership") is created. The Partnership | ||||||
3 | shall have the responsibility of
developing and monitoring the | ||||||
4 | implementation of the Children's Mental
Health Plan as approved | ||||||
5 | by the Governor. The Children's Mental Health
Partnership shall | ||||||
6 | be comprised of: the Secretary of Human Services or his or
her | ||||||
7 | designee; the State Superintendent of Education or his or her
| ||||||
8 | designee; the directors of the departments of Children and | ||||||
9 | Family
Services, Healthcare and Family Services
Public Aid , | ||||||
10 | Public Health, and Juvenile Justice, or their
designees;
the | ||||||
11 | head of the Illinois Violence Prevention Authority, or his or | ||||||
12 | her
designee; the Attorney General or his or her designee; up | ||||||
13 | to 25
representatives of community mental health authorities | ||||||
14 | and statewide mental
health, children and family advocacy,
| ||||||
15 | early childhood, education, health, substance abuse, violence | ||||||
16 | prevention,
and juvenile justice organizations or | ||||||
17 | associations, to be appointed by the
Governor; and 2 members of | ||||||
18 | each caucus of the House of
Representatives and Senate | ||||||
19 | appointed by the Speaker of the House of
Representatives and | ||||||
20 | the President of the Senate, respectively. The
Governor shall | ||||||
21 | appoint the Partnership Chair and shall designate a
Governor's | ||||||
22 | staff liaison to work with the Partnership.
| ||||||
23 | (c) The Partnership shall submit a Preliminary Plan to the | ||||||
24 | Governor on
September 30, 2004 and shall submit the Final Plan | ||||||
25 | on June 30, 2005.
Thereafter, on September 30 of each year, the | ||||||
26 | Partnership shall submit an
annual report to the Governor on |
| |||||||
| |||||||
1 | the progress of Plan implementation
and recommendations for | ||||||
2 | revisions in the Plan.
The Final Plan and annual reports | ||||||
3 | submitted in subsequent years shall include
estimates of | ||||||
4 | savings achieved in prior fiscal years under subsection (a) of
| ||||||
5 | Section
5-5.23 of the Illinois Public Aid Code and federal | ||||||
6 | financial participation
received under subsection (b) of
| ||||||
7 | Section 5-5.23 of that Code. The Department of Healthcare and | ||||||
8 | Family Services
Public Aid shall provide
technical assistance | ||||||
9 | in developing these estimates and reports.
| ||||||
10 | (Source: P.A. 93-495, eff. 8-8-03; 94-696, eff. 6-1-06; revised | ||||||
11 | 9-14-06.)
| ||||||
12 | Section 885. The Lead Poisoning Prevention Act is amended | ||||||
13 | by changing Section 14 as follows:
| ||||||
14 | (410 ILCS 45/14) (from Ch. 111 1/2, par. 1314)
| ||||||
15 | Sec. 14. Departmental regulations and activities. The | ||||||
16 | Department shall
establish and publish regulations and | ||||||
17 | guidelines governing permissible
limits of lead in and about | ||||||
18 | residential buildings and dwellings.
| ||||||
19 | The Department shall also initiate activities that:
| ||||||
20 | (a) Will either provide for or support the monitoring and | ||||||
21 | validation
of all medical laboratories and , private and public | ||||||
22 | hospitals that
perform lead determination tests on human blood | ||||||
23 | or other tissues . ;
| ||||||
24 | (b) Will, subject to Section 7.2 of this Act, provide |
| |||||||
| |||||||
1 | laboratory testing
of blood specimens for lead content , to any | ||||||
2 | physician, hospital, clinic,
free clinic, municipality , or | ||||||
3 | private organization
organizations
that cannot secure or | ||||||
4 | provide the services through other sources. The
Department | ||||||
5 | shall not assume responsibility for blood lead analysis | ||||||
6 | required
in programs currently in operation . ;
| ||||||
7 | (c) Will develop or encourage the development of | ||||||
8 | appropriate programs
and studies to identify sources of lead | ||||||
9 | intoxication and assist other
entities in the identification of | ||||||
10 | lead in children's blood and the sources
of that intoxication . ;
| ||||||
11 | (d) May provide technical assistance and consultation to | ||||||
12 | local,
county , or regional governmental or private agencies for | ||||||
13 | the promotion
and development of lead poisoning prevention | ||||||
14 | programs.
| ||||||
15 | (e) Will provide recommendations by the Department on the | ||||||
16 | subject of
identification and treatment of
for lead poisoning.
| ||||||
17 | (f) Will maintain a clearinghouse of information , and will | ||||||
18 | develop
additional educational materials , on (i) lead hazards | ||||||
19 | to children,
(ii) lead poisoning prevention, (iii) lead | ||||||
20 | poisoning screening,
(iv) lead mitigation, abatement , and | ||||||
21 | disposal, and (v)
on
health hazards during abatement. The | ||||||
22 | Department shall make this information
available to the general | ||||||
23 | public.
| ||||||
24 | (Source: P.A. 87-175; 87-1144; revised 1-20-03.)
| ||||||
25 | Section 890. The Sexual Assault Survivors Emergency |
| |||||||
| |||||||
1 | Treatment Act is amended by changing Sections 6, 6.4, and 7 as | ||||||
2 | follows:
| ||||||
3 | (410 ILCS 70/6) (from Ch. 111 1/2, par. 87-6)
| ||||||
4 | Sec. 6. Powers and duties of Departments of Public Health | ||||||
5 | and Healthcare and Family Services
Public Aid .
| ||||||
6 | (a) The Department of Public Health shall have
the duties | ||||||
7 | and responsibilities
required by Sections 2, 6.1, 6.2, and 6.4.
| ||||||
8 | (b) The Department of Healthcare and Family Services
Public | ||||||
9 | Aid shall have the duties and
responsibilities required by | ||||||
10 | Sections 6.3 and 7.
| ||||||
11 | (Source: P.A. 89-507, eff. 7-1-97; 90-587, eff. 7-1-98; revised | ||||||
12 | 12-15-05.)
| ||||||
13 | (410 ILCS 70/6.4) (from Ch. 111 1/2, par. 87-6.4)
| ||||||
14 | Sec. 6.4. Sexual assault evidence collection program.
| ||||||
15 | (a) There is created a statewide sexual assault evidence | ||||||
16 | collection program
to facilitate the prosecution of persons | ||||||
17 | accused of sexual assault. This
program shall be administered | ||||||
18 | by the Illinois
State Police. The program shall
consist of the | ||||||
19 | following: (1) distribution of sexual assault evidence
| ||||||
20 | collection kits which have been approved by the Illinois
State | ||||||
21 | Police to hospitals that request them, or arranging for
such | ||||||
22 | distribution by the manufacturer of the kits, (2) collection of | ||||||
23 | the kits
from hospitals after the kits have been used to | ||||||
24 | collect
evidence, (3) analysis of the collected evidence and |
| |||||||
| |||||||
1 | conducting of laboratory
tests, (4) maintaining the chain of | ||||||
2 | custody and safekeeping of the evidence
for use in a legal | ||||||
3 | proceeding, and (5) the comparison of the collected evidence | ||||||
4 | with the genetic marker grouping analysis information | ||||||
5 | maintained by the Department of State Police under Section | ||||||
6 | 5-4-3 of the Unified Code of Corrections and with the | ||||||
7 | information contained in the Federal Bureau of Investigation's | ||||||
8 | National DNA database; provided the amount and quality of | ||||||
9 | genetic marker grouping results obtained from the evidence in | ||||||
10 | the sexual assault case meets the requirements of both the | ||||||
11 | Department of State Police and the Federal Bureau of | ||||||
12 | Investigation's Combined DNA Index System (CODIS) policies. | ||||||
13 | The standardized evidence collection kit for
the State of | ||||||
14 | Illinois shall be the State Police Evidence Collection Kit, | ||||||
15 | also
known as "S.P.E.C.K.".
A sexual assault evidence | ||||||
16 | collection kit may not be released by a hospital
without the | ||||||
17 | written consent of the sexual assault survivor. In the case of | ||||||
18 | a
survivor who is a minor 13 years of age or older, evidence | ||||||
19 | and
information concerning the alleged sexual assault may be | ||||||
20 | released at the
written request of the minor. If the survivor | ||||||
21 | is a minor who is under 13 years
of age, evidence and | ||||||
22 | information concerning the alleged sexual assault may be
| ||||||
23 | released at the written request of the parent, guardian, | ||||||
24 | investigating law
enforcement officer, or Department of | ||||||
25 | Children and Family Services. Any health
care professional, | ||||||
26 | including any physician, advanced practice nurse, physician |
| |||||||
| |||||||
1 | assistant, or nurse, sexual assault nurse
examiner, and any | ||||||
2 | health care
institution, including any hospital, who provides | ||||||
3 | evidence or information to a
law enforcement officer pursuant | ||||||
4 | to a written request as specified in this
Section is immune | ||||||
5 | from any civil or professional liability that might arise
from | ||||||
6 | those actions, with the exception of willful or wanton | ||||||
7 | misconduct. The
immunity provision applies only if all of the | ||||||
8 | requirements of this Section are
met.
| ||||||
9 | (a-5) All sexual assault evidence collected using the State | ||||||
10 | Police Evidence Collection Kits before January 1, 2005 ( the | ||||||
11 | effective date of Public Act 93-781)
this amendatory Act of the | ||||||
12 | 93rd General Assembly that have not been previously analyzed | ||||||
13 | and tested by the Department of State Police shall be analyzed | ||||||
14 | and tested within 2 years after receipt of all necessary | ||||||
15 | evidence and standards into the State Police Laboratory if | ||||||
16 | sufficient staffing and resources are available. All sexual | ||||||
17 | assault evidence collected using the State Police Evidence | ||||||
18 | Collection Kits on or after January 1, 2005 ( the effective date | ||||||
19 | of Public Act 93-781) this amendatory Act of the 93rd General | ||||||
20 | Assembly shall be analyzed and tested by the Department of | ||||||
21 | State Police within one year after receipt of all necessary | ||||||
22 | evidence and standards into the State Police Laboratory if | ||||||
23 | sufficient staffing and resources are available.
| ||||||
24 | (b) The Illinois State Police shall administer a program to | ||||||
25 | train hospitals
and hospital personnel participating in the | ||||||
26 | sexual assault evidence collection
program, in the correct use |
| |||||||
| |||||||
1 | and application of the sexual assault evidence
collection kits. | ||||||
2 | A sexual assault nurse examiner may conduct
examinations using | ||||||
3 | the sexual assault evidence collection kits, without the
| ||||||
4 | presence or participation of a physician. The Department of | ||||||
5 | Public Health
shall
cooperate with the Illinois State Police in | ||||||
6 | this
program as it pertains to medical aspects of the evidence | ||||||
7 | collection.
| ||||||
8 | (c) In this Section, "sexual assault nurse examiner" means | ||||||
9 | a registered
nurse
who has completed a sexual assault nurse | ||||||
10 | examiner (SANE) training program that
meets the Forensic Sexual | ||||||
11 | Assault Nurse Examiner Education Guidelines
established by the | ||||||
12 | International Association of Forensic Nurses.
| ||||||
13 | (Source: P.A. 92-514, eff. 1-1-02; 93-781, eff. 1-1-05; 93-962, | ||||||
14 | eff. 8-20-04; revised 10-14-04.)
| ||||||
15 | (410 ILCS 70/7) (from Ch. 111 1/2, par. 87-7)
| ||||||
16 | Sec. 7. Hospital charges and reimbursement. When any | ||||||
17 | hospital
or ambulance provider furnishes emergency services to | ||||||
18 | any alleged sexual
assault survivor, as defined by the | ||||||
19 | Department of Healthcare and Family Services
Public Aid
| ||||||
20 | pursuant to
Section 6.3 of this Act, who is neither eligible to
| ||||||
21 | receive such services under the Illinois Public Aid Code nor | ||||||
22 | covered as
to such services by a policy of insurance, the | ||||||
23 | hospital and ambulance provider
shall furnish such services to | ||||||
24 | that person without charge and shall
be entitled to be | ||||||
25 | reimbursed for its billed charges in
providing such services by |
| |||||||
| |||||||
1 | the Department of Healthcare and Family Services
Public Aid .
| ||||||
2 | (Source: P.A. 89-507, eff. 7-1-97; 90-587, eff. 7-1-98; revised | ||||||
3 | 12-15-05.)
| ||||||
4 | Section 895. The Newborn Eye Pathology Act is amended by | ||||||
5 | changing the title of the Act as follows:
| ||||||
6 | (410 ILCS 223/Act title)
| ||||||
7 | An Act concerning public health, which may be referred to | ||||||
8 | as Amadin
Adamin and Ryan's Law. | ||||||
9 | Section 900. The AIDS Confidentiality Act is amended by | ||||||
10 | changing Section 3 as follows:
| ||||||
11 | (410 ILCS 305/3) (from Ch. 111 1/2, par. 7303)
| ||||||
12 | Sec. 3. When used in this Act:
| ||||||
13 | (a) "Department" means the Illinois Department of Public | ||||||
14 | Health.
| ||||||
15 | (b) "AIDS" means acquired immunodeficiency syndrome.
| ||||||
16 | (c) "HIV" means the Human Immunodeficiency Virus or
any | ||||||
17 | other identified causative agent of AIDS.
| ||||||
18 | (d) "Written informed consent" means an
agreement in | ||||||
19 | writing executed by the subject of a test or the subject's
| ||||||
20 | legally authorized representative without undue inducement or | ||||||
21 | any element
of force, fraud, deceit, duress or other form of | ||||||
22 | constraint or coercion,
which entails at least the following:
|
| |||||||
| |||||||
1 | (1) a fair explanation of the test, including its purpose, | ||||||
2 | potential
uses, limitations and the meaning of its results; and
| ||||||
3 | (2) a fair explanation of the procedures to be followed, | ||||||
4 | including the
voluntary nature of the test, the right to | ||||||
5 | withdraw consent to the testing
process at any time, the right | ||||||
6 | to anonymity to the extent provided by law
with respect to | ||||||
7 | participation in the test and disclosure of test results,
and | ||||||
8 | the right to confidential treatment of
information identifying | ||||||
9 | the subject of the test and the results of the
test, to the | ||||||
10 | extent provided by law.
| ||||||
11 | (e) "Health facility" means a hospital, nursing home, blood | ||||||
12 | bank, blood
center, sperm bank, or other health care | ||||||
13 | institution, including any "health
facility" as that term is | ||||||
14 | defined in the Illinois Finance Authority
Act.
| ||||||
15 | (f) "Health care provider" means any health care | ||||||
16 | professional, nurse,
paramedic,
psychologist or other person | ||||||
17 | providing medical, nursing, psychological, or
other health | ||||||
18 | care services of any kind.
| ||||||
19 | (f-5) "Health care professional" means (i) a licensed | ||||||
20 | physician, (ii) a
physician assistant
to whom the physician | ||||||
21 | assistant's supervising physician has delegated the
provision | ||||||
22 | of AIDS and
HIV-related health services, (iii) an advanced | ||||||
23 | practice registered nurse who
has a written
collaborative | ||||||
24 | agreement with a collaborating physician which authorizes the
| ||||||
25 | provision of AIDS
and HIV-related health services, (iv) a | ||||||
26 | licensed dentist, (v) a licensed
podiatrist, or (vi) an
|
| |||||||
| |||||||
1 | individual certified to provide HIV testing and counseling by a | ||||||
2 | state or local
public health
department.
| ||||||
3 | (g) "Test" or "HIV test" means a test to determine the | ||||||
4 | presence of the
antibody or antigen to HIV, or of HIV | ||||||
5 | infection.
| ||||||
6 | (h) "Person" includes any natural person, partnership, | ||||||
7 | association,
joint venture, trust, governmental entity, public | ||||||
8 | or private corporation,
health facility or other legal entity.
| ||||||
9 | (Source: P.A. 93-205, eff. 1-1-04; 93-482, eff. 8-8-03; revised | ||||||
10 | 9-12-03.)
| ||||||
11 | Section 905. The Alzheimer's Disease Assistance Act is | ||||||
12 | amended by changing Sections 6 and 7 as follows:
| ||||||
13 | (410 ILCS 405/6) (from Ch. 111 1/2, par. 6956)
| ||||||
14 | Sec. 6. ADA Advisory Committee. There is created the | ||||||
15 | Alzheimer's
Disease Advisory Committee consisting of 21 voting | ||||||
16 | members appointed by the
Director of the Department, as well as | ||||||
17 | 5 nonvoting members as hereinafter
provided in this Section. | ||||||
18 | The Director or his designee shall serve as one
of the 21 | ||||||
19 | voting members and as
the Chairman of the Committee. Those | ||||||
20 | appointed as voting members shall
include persons who are | ||||||
21 | experienced in
research and the delivery of services to victims | ||||||
22 | and their families.
Such members shall include 4 physicians | ||||||
23 | licensed to practice medicine in all of
its branches, one | ||||||
24 | representative of a postsecondary educational institution
|
| |||||||
| |||||||
1 | which administers or is affiliated with a medical center in the | ||||||
2 | State, one
representative of a licensed hospital, one | ||||||
3 | registered nurse, one
representative of a long term care | ||||||
4 | facility under the Nursing Home Care
Act, one representative of | ||||||
5 | an area
agency on aging as defined by Section 3.07 of the | ||||||
6 | Illinois Act on the
Aging, one social worker, one | ||||||
7 | representative of an organization established
under the | ||||||
8 | Illinois Insurance Code for the purpose of providing health
| ||||||
9 | insurance, 5 family members or representatives of victims of | ||||||
10 | Alzheimer's
disease and related disorders, and 4 members of the | ||||||
11 | general public. Among
the physician appointments shall be | ||||||
12 | persons with specialties in the fields
of neurology, family | ||||||
13 | medicine, psychiatry and pharmacology. Among the
general | ||||||
14 | public members, at least 2 appointments shall include persons | ||||||
15 | 65
years of age or older.
| ||||||
16 | In addition to the 21 voting members, the Secretary of | ||||||
17 | Human Services (or
his or her designee) and
one additional | ||||||
18 | representative of the Department of Human Services designated | ||||||
19 | by
the Secretary plus the Directors of the following
State | ||||||
20 | agencies or their designees shall serve as nonvoting members:
| ||||||
21 | Department on Aging, Department
of Healthcare and Family | ||||||
22 | Services
Public Aid , and Guardianship and Advocacy Commission.
| ||||||
23 | Each voting member appointed by the
Director of Public | ||||||
24 | Health shall serve for a term of 2 years, and until his
| ||||||
25 | successor is appointed and qualified. Members of the Committee | ||||||
26 | shall not
be compensated but shall be reimbursed for expenses |
| |||||||
| |||||||
1 | actually incurred in
the performance of their duties. No more | ||||||
2 | than 11 voting members may be of
the same political party. | ||||||
3 | Vacancies shall be filled in the same manner as
original | ||||||
4 | appointments.
| ||||||
5 | The Committee shall review all State programs and services | ||||||
6 | provided by State agencies that are directed toward persons | ||||||
7 | with Alzheimer's disease and related dementias, and recommend | ||||||
8 | changes to improve the State's response to this serious health | ||||||
9 | problem. | ||||||
10 | (Source: P.A. 93-929, eff. 8-12-04; revised 12-15-05.)
| ||||||
11 | (410 ILCS 405/7) (from Ch. 111 1/2, par. 6957)
| ||||||
12 | Sec. 7. Regional ADA center funding. Pursuant to
| ||||||
13 | appropriations enacted by the General Assembly, the Department | ||||||
14 | shall
provide funds to hospitals affiliated with each
Regional | ||||||
15 | ADA Center for
necessary research and
for the development and | ||||||
16 | maintenance of services for victims of Alzheimer's
disease and | ||||||
17 | related disorders and their families. For the fiscal year
| ||||||
18 | beginning July 1, 2003, and each year thereafter, the | ||||||
19 | Department shall effect
payments under this Section to | ||||||
20 | hospitals affiliated with each Regional ADA
Center through the | ||||||
21 | Department of Healthcare and Family Services (formerly
| ||||||
22 | Illinois Department of Public Aid ) under the Excellence in | ||||||
23 | Alzheimer's Disease Center Treatment Act. The Department of | ||||||
24 | Healthcare and Family Services
Public Aid shall annually report | ||||||
25 | to the Advisory Committee established under this Act regarding |
| |||||||
| |||||||
1 | the funding of centers under this Act. The Department shall
| ||||||
2 | include the annual expenditures for this purpose in the plan | ||||||
3 | required by
Section 5 of this Act.
| ||||||
4 | (Source: P.A. 93-20, eff. 6-20-03; 93-929, eff. 8-12-04; | ||||||
5 | revised 12-15-05.)
| ||||||
6 | Section 910. The Excellence in Alzheimer's Disease Center | ||||||
7 | Treatment Act is amended by changing Sections 25, 30, 45, and | ||||||
8 | 55 as follows: | ||||||
9 | (410 ILCS 407/25)
| ||||||
10 | Sec. 25. The Alzheimer's Disease Center Clinical Fund. | ||||||
11 | (a) Each institution defined as a Qualified Academic | ||||||
12 | Medical Center Hospital - Pre 1996 Designation shall be | ||||||
13 | eligible for payments from the Alzheimer's Disease Center | ||||||
14 | Clinical Fund. | ||||||
15 | (b) Appropriations allocated to this Fund shall be divided | ||||||
16 | among the qualifying hospitals. The Department of Healthcare | ||||||
17 | and Family Services
Public Aid shall calculate payment rates | ||||||
18 | for each hospital qualifying under this Section as follows: | ||||||
19 | (1) Hospitals that qualify under the Qualified | ||||||
20 | Academic Medical Center Hospital - Pre 1996 Designation | ||||||
21 | shall be paid a rate of $55.50 for each Medicaid inpatient | ||||||
22 | day of care.
| ||||||
23 | (2) No qualifying hospital shall receive payments | ||||||
24 | under this Section that exceed $1,200,000. |
| |||||||
| |||||||
1 | (c) Payments under this Section shall be made at least | ||||||
2 | quarterly.
| ||||||
3 | (Source: P.A. 93-929, eff. 8-12-04; revised 12-15-05.) | ||||||
4 | (410 ILCS 407/30)
| ||||||
5 | Sec. 30. The Alzheimer's Disease Center Expanded Clinical | ||||||
6 | Fund. | ||||||
7 | (a) Each institution defined as a Qualified Academic | ||||||
8 | Medical Center Hospital - Pre 1996 Designation or as a | ||||||
9 | Qualified Academic Medical Center Hospital - Post 1996 | ||||||
10 | Designation shall be eligible for payments from the Alzheimer's | ||||||
11 | Disease Center Expanded Clinical Fund. | ||||||
12 | (b) Appropriations allocated to this Fund shall be divided | ||||||
13 | among the qualifying hospitals. The Department of Healthcare | ||||||
14 | and Family Services
Public Aid shall calculate payment rates | ||||||
15 | for each hospital qualifying under this Section as follows: | ||||||
16 | (1) Hospitals that are defined as a Qualifying Academic | ||||||
17 | Medical Center Hospital - Pre 1996 Designation shall be | ||||||
18 | paid $13.90 for each Medicaid inpatient day of care. | ||||||
19 | (2) Hospitals that are defined as a Qualifying Academic | ||||||
20 | Medical Center Hospital - Post 1996 Designation and do not | ||||||
21 | meet the Pre 1996 Designation criterion, shall be paid | ||||||
22 | $10.75 for each Medicaid inpatient day of care. | ||||||
23 | (3) Hospitals that qualify under the Pre and Post 1996 | ||||||
24 | Designation shall qualify for payments under this Section | ||||||
25 | according to the payment guidelines for Pre 1996 Designated |
| |||||||
| |||||||
1 | hospitals. | ||||||
2 | (4) No qualifying hospital shall receive payments | ||||||
3 | under this Section that exceed $300,000.
| ||||||
4 | (c) Payments under this Section shall be made at least | ||||||
5 | quarterly.
| ||||||
6 | (Source: P.A. 93-929, eff. 8-12-04; revised 12-15-05.) | ||||||
7 | (410 ILCS 407/45)
| ||||||
8 | Sec. 45. Payment of funds. The Comptroller shall disburse | ||||||
9 | all funds appropriated to the Alzheimer's Disease Center | ||||||
10 | Clinical Fund, the Alzheimer's Disease Center Expanded | ||||||
11 | Clinical Fund, and the Alzheimer's Disease Center Independent | ||||||
12 | Clinical Fund to the appropriate Qualified Academic Medical | ||||||
13 | Center Hospitals (either Pre 1996 or Post 1996 Designation) as | ||||||
14 | the funds are appropriated by the General Assembly and come due | ||||||
15 | under this Act. The payment of these funds shall be made | ||||||
16 | through the Department of Healthcare and Family Services
Public | ||||||
17 | Aid .
| ||||||
18 | (Source: P.A. 93-929, eff. 8-12-04; revised 12-15-05.) | ||||||
19 | (410 ILCS 407/55)
| ||||||
20 | Sec. 55. Payment methodology. The Department of Healthcare | ||||||
21 | and Family Services
Public Aid shall promulgate rules necessary | ||||||
22 | to make payments to the Qualifying Academic Medical Center | ||||||
23 | Hospitals (either Pre 1996 or Post 1996 Designation) utilizing | ||||||
24 | a reimbursement methodology consistent with this Act for |
| |||||||
| |||||||
1 | distribution of all moneys from the funds in a manner that | ||||||
2 | would help ensure these funds could be matchable to the maximum | ||||||
3 | extent possible under Title XIX of the Social Security Act.
| ||||||
4 | (Source: P.A. 93-929, eff. 8-12-04; revised 12-15-05.) | ||||||
5 | Section 915. The Hemophilia Care Act is amended by changing | ||||||
6 | Section 1 as follows:
| ||||||
7 | (410 ILCS 420/1) (from Ch. 111 1/2, par. 2901)
| ||||||
8 | Sec. 1. Definitions. As used in this Act, unless the | ||||||
9 | context clearly
requires otherwise:
| ||||||
10 | (1) "Department" means the Illinois Department of | ||||||
11 | Healthcare and Family Services
Public Aid .
| ||||||
12 | (1.5) "Director" means the Director of Healthcare and | ||||||
13 | Family Services
Public Aid .
| ||||||
14 | (2) (Blank).
| ||||||
15 | (3) "Hemophilia" means a bleeding tendency resulting from a | ||||||
16 | genetically
determined deficiency in the blood.
| ||||||
17 | (4) "Committee" means the Hemophilia Advisory Committee | ||||||
18 | created under this
Act.
| ||||||
19 | (5) "Eligible person" means any resident of the State | ||||||
20 | suffering from
hemophilia.
| ||||||
21 | (6) "Family" means:
| ||||||
22 | (a) In the case of a patient who is a dependent of | ||||||
23 | another person or
couple
as defined by the Illinois Income | ||||||
24 | Tax Act, all those persons for whom exemption
is claimed in |
| |||||||
| |||||||
1 | the State income tax return of the person or couple whose
| ||||||
2 | dependent the eligible person is, and
| ||||||
3 | (b) In all other cases, all those persons for whom | ||||||
4 | exemption is
claimed
in the State income tax return of the | ||||||
5 | eligible person, or of the eligible
person and his spouse.
| ||||||
6 | (7) "Eligible cost of hemophilia services" means the cost | ||||||
7 | of blood
transfusions,
blood derivatives, and for outpatient | ||||||
8 | services, of physician charges, medical
supplies, and | ||||||
9 | appliances, used in the treatment of eligible persons for
| ||||||
10 | hemophilia, plus one half of the cost of hospital inpatient | ||||||
11 | care, minus
any amount of such cost which is eligible for | ||||||
12 | payment or reimbursement by
any hospital or medical insurance | ||||||
13 | program, by any other government medical
or financial | ||||||
14 | assistance program, or by any charitable assistance
program.
| ||||||
15 | (8) "Gross income" means the base income for State income | ||||||
16 | tax purposes
of all members of the family.
| ||||||
17 | (9) "Available family income" means the lesser of:
| ||||||
18 | (a) Gross income minus the sum of (1) $5,500,
and (2) | ||||||
19 | $3,500 times the number of persons
in the family, or
| ||||||
20 | (b) One half of gross income.
| ||||||
21 | (Source: P.A. 89-507, eff. 7-1-97; 90-587, eff. 7-1-98; revised | ||||||
22 | 12-15-05.)
| ||||||
23 | Section 920. The Renal Disease Treatment Act is amended by | ||||||
24 | changing Sections 1, 2, 3, and 3.01 as follows:
|
| |||||||
| |||||||
1 | (410 ILCS 430/1) (from Ch. 111 1/2, par. 22.31)
| ||||||
2 | Sec. 1. The Department of Healthcare and Family Services
| ||||||
3 | Public Aid shall
establish a program for the
care and treatment | ||||||
4 | of persons suffering from chronic renal diseases. This
program | ||||||
5 | shall assist persons suffering from chronic renal diseases who
| ||||||
6 | require lifesaving care and treatment for such renal disease, | ||||||
7 | but who are
unable to pay for such services on a continuing | ||||||
8 | basis.
| ||||||
9 | (Source: P.A. 89-507, eff. 7-1-97; 90-587, eff. 7-1-98; revised | ||||||
10 | 12-15-05.)
| ||||||
11 | (410 ILCS 430/2) (from Ch. 111 1/2, par. 22.32)
| ||||||
12 | Sec. 2. The Director of Healthcare and Family Services | ||||||
13 | (formerly Director of Public Aid )
shall appoint a Renal Disease
| ||||||
14 | Advisory Committee to consult with the Department in the | ||||||
15 | administration
of this Act. The Committee shall be composed of | ||||||
16 | 15 persons representing
hospitals and medical schools which | ||||||
17 | establish dialysis centers or kidney
transplant programs, | ||||||
18 | voluntary agencies interested in kidney diseases,
physicians | ||||||
19 | licensed to practice medicine in all of its branches, and the
| ||||||
20 | general public. Each member shall hold office for a term of 4 | ||||||
21 | years and
until his successor is appointed and qualified, | ||||||
22 | except that the terms of
the members appointed pursuant to | ||||||
23 | Public Act 78-538 shall
expire as designated at the time of | ||||||
24 | appointment, 1 at the end of the
first year, 1 at the end of the | ||||||
25 | second year, 1 at the end of the third
year, and 1 at the end of |
| |||||||
| |||||||
1 | the fourth year, after the date of
appointment. Any person | ||||||
2 | appointed to fill a vacancy occurring prior to the
expiration | ||||||
3 | of the term for which his
predecessor was appointed shall be | ||||||
4 | appointed for the remainder of such
term. The Committee shall | ||||||
5 | meet as frequently as the Director
of Healthcare and Family | ||||||
6 | Services
Public Aid deems necessary, but not less than once | ||||||
7 | each year. The Committee
members shall receive no compensation | ||||||
8 | but shall be reimbursed for actual
expenses incurred in | ||||||
9 | carrying out their duties as members of this
Committee.
| ||||||
10 | (Source: P.A. 89-507, eff. 7-1-97; 90-587, eff. 7-1-98; revised | ||||||
11 | 12-15-05.)
| ||||||
12 | (410 ILCS 430/3) (from Ch. 111 1/2, par. 22.33)
| ||||||
13 | Sec. 3. Duties of Departments of Healthcare and Family | ||||||
14 | Services
Public Aid and Public Health.
| ||||||
15 | (A) The Department of Healthcare and Family Services
Public | ||||||
16 | Aid shall:
| ||||||
17 | (a) With the advice of the Renal Disease Advisory | ||||||
18 | Committee, develop
standards for determining eligibility | ||||||
19 | for care and treatment under this
program. Among other | ||||||
20 | standards so developed under this paragraph,
candidates, | ||||||
21 | to be eligible for care and treatment, must be evaluated in | ||||||
22 | a
center properly staffed and equipped for such evaluation.
| ||||||
23 | (b) (Blank).
| ||||||
24 | (c) (Blank).
| ||||||
25 | (d) Extend financial assistance to persons suffering |
| |||||||
| |||||||
1 | from chronic renal
diseases in obtaining the medical, | ||||||
2 | surgical, nursing, pharmaceutical, and
technical services | ||||||
3 | necessary in caring for such diseases, including the
| ||||||
4 | renting of home dialysis equipment. The Renal Disease | ||||||
5 | Advisory Committee
shall recommend to the Department the | ||||||
6 | extent of financial assistance,
including the reasonable | ||||||
7 | charges and fees, for:
| ||||||
8 | (1) Treatment in a dialysis facility;
| ||||||
9 | (2) Hospital treatment for dialysis and transplant | ||||||
10 | surgery;
| ||||||
11 | (3) Treatment in a limited care facility;
| ||||||
12 | (4) Home dialysis training; and
| ||||||
13 | (5) Home dialysis.
| ||||||
14 | (e) Assist in equipping dialysis centers.
| ||||||
15 | (B) The Department of Public Health shall:
| ||||||
16 | (a) Assist in the development and expansion of programs | ||||||
17 | for
the care and treatment of persons suffering from | ||||||
18 | chronic renal
diseases, including dialysis and other | ||||||
19 | medical or surgical procedures
and techniques that will | ||||||
20 | have a lifesaving effect in the care and
treatment of | ||||||
21 | persons suffering from these diseases.
| ||||||
22 | (b) Assist in the development of programs for the | ||||||
23 | prevention of
chronic renal diseases.
| ||||||
24 | (c) Institute and carry on an educational program among
| ||||||
25 | physicians,
hospitals, public health departments, and the | ||||||
26 | public concerning chronic
renal diseases, including the |
| |||||||
| |||||||
1 | dissemination of information and the
conducting of | ||||||
2 | educational programs concerning the prevention of chronic
| ||||||
3 | renal diseases and the methods for the care and treatment | ||||||
4 | of persons
suffering from these diseases.
| ||||||
5 | (Source: P.A. 89-507, eff. 7-1-97; 90-587, eff. 7-1-98; revised | ||||||
6 | 12-15-05.)
| ||||||
7 | (410 ILCS 430/3.01) (from Ch. 111 1/2, par. 22.33.01)
| ||||||
8 | Sec. 3.01. The provisions of the Illinois Administrative | ||||||
9 | Procedure
Act are hereby expressly adopted and shall apply to | ||||||
10 | all administrative rules
and procedures of the Department of | ||||||
11 | Healthcare and Family Services
Public Aid under
this Act, | ||||||
12 | except that
Section 5-35 of the Illinois Administrative | ||||||
13 | Procedure Act relating to
procedures for rule-making does not | ||||||
14 | apply to the adoption of any rule
required
by federal law in | ||||||
15 | connection with which the Department is precluded by law from
| ||||||
16 | exercising any discretion.
| ||||||
17 | (Source: P.A. 89-507, eff. 7-1-97; 90-587, eff. 7-1-98; revised | ||||||
18 | 12-15-05.)
| ||||||
19 | Section 925. The Genetic Information Privacy Act is amended | ||||||
20 | by changing Section 22 as follows:
| ||||||
21 | (410 ILCS 513/22)
| ||||||
22 | Sec. 22. Tests to determine inherited characteristics in | ||||||
23 | paternity
proceedings. Nothing in this Act shall be construed |
| |||||||
| |||||||
1 | to affect or restrict in
any way the ordering of or use of | ||||||
2 | results from deoxyribonucleic acid (DNA)
testing or other tests | ||||||
3 | to determine inherited characteristics by the court in a
| ||||||
4 | judicial proceeding under the Illinois Parentage Act of 1984 or | ||||||
5 | by the
Illinois Department of Healthcare and Family Services
| ||||||
6 | Public Aid in an administrative paternity proceeding
under | ||||||
7 | Article X of the Illinois Public Aid Code and rules promulgated | ||||||
8 | under
that Article.
| ||||||
9 | (Source: P.A. 90-25, eff. 1-1-98; revised 12-15-05.)
| ||||||
10 | Section 930. The Head and Spinal Cord Injury Act is amended | ||||||
11 | by changing Section 6 as follows:
| ||||||
12 | (410 ILCS 515/6) (from Ch. 111 1/2, par. 7856)
| ||||||
13 | Sec. 6. (a) There is hereby created the Advisory Council on | ||||||
14 | Spinal
Cord and Head Injuries within the Department of Human | ||||||
15 | Services. The Council
shall consist of 29 members, appointed
by | ||||||
16 | the Governor with the advice and consent of the Senate. Members | ||||||
17 | shall
serve 3-year
terms and until their successors are | ||||||
18 | appointed by the Governor with the
advice and consent of the | ||||||
19 | Senate.
The members appointed by the Governor
shall include 2 | ||||||
20 | neurosurgeons, 2 orthopedic surgeons, 2 rehabilitation
| ||||||
21 | specialists, one of whom shall be a registered nurse, 4 persons | ||||||
22 | with
head injuries or family members of persons with head | ||||||
23 | injuries, 4 persons
with spinal cord injuries or family members | ||||||
24 | of persons with spinal cord
injuries, a representative of an |
| |||||||
| |||||||
1 | Illinois college or university, and a
representative from | ||||||
2 | health institutions or private industry. These members
shall | ||||||
3 | not serve more than 2 consecutive 3-year terms. The Governor | ||||||
4 | shall
appoint one individual from each of the following | ||||||
5 | entities to the Council as
ex-officio members: the unit of the | ||||||
6 | Department of Human Services that is
responsible for the | ||||||
7 | administration of the vocational rehabilitation program,
| ||||||
8 | another unit within the Department of Human Services that | ||||||
9 | provides services for
individuals with disabilities, the State | ||||||
10 | Board of Education, the Department of
Public Health, the | ||||||
11 | Department of Insurance, the Department of Healthcare and | ||||||
12 | Family Services
Public Aid , the
Division of Specialized Care | ||||||
13 | for Children of the University of Illinois, the
Statewide | ||||||
14 | Independent Living Council, and the State Rehabilitation | ||||||
15 | Advisory
Council. Ex-officio members are not subject to limit | ||||||
16 | of 2 consecutive 3-year
terms. The
appointment of individuals | ||||||
17 | representing State agencies shall be
conditioned on their | ||||||
18 | continued employment with their respective agencies.
| ||||||
19 | (b) From funds appropriated for such purpose, the | ||||||
20 | Department of Human
Services shall provide to the Council the | ||||||
21 | necessary staff
and expenses to carry out the duties and | ||||||
22 | responsibilities assigned by the
Council. Such staff shall | ||||||
23 | consist of a director and other support staff.
| ||||||
24 | (c) Meetings shall be held at least every 90 days or at the | ||||||
25 | call of the
Council chairman, who shall be elected by the | ||||||
26 | Council.
|
| |||||||
| |||||||
1 | (d) Each member shall be reimbursed for reasonable and | ||||||
2 | necessary
expenses actually incurred in the performance of his | ||||||
3 | official duties.
| ||||||
4 | (e) The Council shall adopt written procedures to govern | ||||||
5 | its activities.
Consultants shall be provided for the Council | ||||||
6 | from
appropriations made for such purpose.
| ||||||
7 | (f) The Council shall make recommendations to the Governor | ||||||
8 | for
developing and administering a State plan to provide | ||||||
9 | services for spinal
cord and head injured persons.
| ||||||
10 | (g) No member of the Council may participate in or seek to | ||||||
11 | influence a
decision or vote of the Council if the member would | ||||||
12 | be directly involved
with the matter or if he would derive | ||||||
13 | income from it. A violation of this
prohibition shall be | ||||||
14 | grounds for a person to be removed as
a member of the Council | ||||||
15 | by the Governor.
| ||||||
16 | (h) The Council shall:
| ||||||
17 | (1) promote meetings and programs for the discussion of | ||||||
18 | reducing the
debilitating effects of spinal cord and head | ||||||
19 | injuries and disseminate
information in cooperation with | ||||||
20 | any other department, agency or entity on
the prevention, | ||||||
21 | evaluation, care, treatment and rehabilitation of persons
| ||||||
22 | affected by spinal cord and head injuries;
| ||||||
23 | (2) study and review current prevention, evaluation, | ||||||
24 | care, treatment and
rehabilitation technologies and | ||||||
25 | recommend appropriate preparation,
training, retraining | ||||||
26 | and distribution of manpower and resources in the
provision |
| |||||||
| |||||||
1 | of services to spinal cord and head injured persons through
| ||||||
2 | private and public residential facilities, day programs | ||||||
3 | and other
specialized services;
| ||||||
4 | (3) recommend specific methods, means and procedures | ||||||
5 | which should be
adopted to improve and upgrade the State's | ||||||
6 | service delivery system for
spinal cord and head injured | ||||||
7 | citizens of this State;
| ||||||
8 | (4) participate in developing and disseminating | ||||||
9 | criteria and standards
which may be required for future | ||||||
10 | funding or licensing of facilities, day
programs and other | ||||||
11 | specialized services for spinal cord and head injured
| ||||||
12 | persons in this State;
| ||||||
13 | (5) report annually to the Governor and the General | ||||||
14 | Assembly on its
activities, and on the results of its | ||||||
15 | studies and the recommendations
of the Council; and
| ||||||
16 | (6) be the advisory board for purposes of federal | ||||||
17 | programs regarding
traumatic brain injury.
| ||||||
18 | (i) The Department of Human Services may accept on
behalf | ||||||
19 | of
the Council federal funds, gifts and donations from | ||||||
20 | individuals, private
organizations and foundations, and any | ||||||
21 | other funds that may become available.
| ||||||
22 | (Source: P.A. 89-507, eff. 7-1-97; 90-453, eff. 8-16-97; | ||||||
23 | revised 12-15-05.)
| ||||||
24 | Section 935. The Illinois Adverse Health Care Events | ||||||
25 | Reporting Law of 2005 is amended by changing Section 10-45 as |
| |||||||
| |||||||
1 | follows: | ||||||
2 | (410 ILCS 522/10-45)
| ||||||
3 | Sec. 10-45. Testing period.
| ||||||
4 | (a) Prior to the testing period in subsection (b), the | ||||||
5 | Department shall adopt rules for implementing this Law in | ||||||
6 | consultation with the Health Care Event Reporting Advisory | ||||||
7 | Committee and individuals who have experience and expertise in | ||||||
8 | devising and implementing adverse health care event or other | ||||||
9 | health
heath care quality reporting systems. The rules shall | ||||||
10 | establish the methodology and format for health care facilities | ||||||
11 | reporting information under this Law to the Department and | ||||||
12 | shall be finalized before the beginning of the testing period | ||||||
13 | under subsection (b). | ||||||
14 | (b) The Department shall conduct a testing period of at | ||||||
15 | least 6 months to test the reporting process to identify any | ||||||
16 | problems or deficiencies with the planned reporting process. | ||||||
17 | (c) None of the information reported and analyzed during | ||||||
18 | the testing period shall be used in any public report under | ||||||
19 | this Law. | ||||||
20 | (d) The Department must substantially address the problems | ||||||
21 | or deficiencies identified during the testing period before | ||||||
22 | fully implementing the reporting system. | ||||||
23 | (e) After the testing period, and after any corrections, | ||||||
24 | adjustments, or modifications are finalized, the Department | ||||||
25 | must give at least 30 days written notice to health care |
| |||||||
| |||||||
1 | facilities prior to full implementation of the reporting system | ||||||
2 | and collection of adverse event data that will be used in | ||||||
3 | public reports. | ||||||
4 | (f) Following the testing period, 4 calendar quarters of | ||||||
5 | data must be collected prior to the Department's publishing the | ||||||
6 | annual report of adverse events to the public under paragraph | ||||||
7 | (4) of Section 10-35. | ||||||
8 | (g) The process described in subsections (a) through (e) | ||||||
9 | must be completed by the Department no later than July 1, 2007. | ||||||
10 | (h) Notwithstanding any other provision of law, the | ||||||
11 | Department may contract with an entity for receiving all | ||||||
12 | adverse health care event reports, root cause analysis | ||||||
13 | findings, and corrective action plans that must be reported to | ||||||
14 | the Department under this Law and for the compilation of the | ||||||
15 | information and the provision of quarterly and annual reports | ||||||
16 | to the Department describing such information according to the | ||||||
17 | rules adopted by the Department under this Law.
| ||||||
18 | (Source: P.A. 94-242, eff. 7-18-05; revised 9-15-06.) | ||||||
19 | Section 940. The Vital Records Act is amended by changing | ||||||
20 | Sections 12, 17, 22, 24, and 25.1 as follows:
| ||||||
21 | (410 ILCS 535/12) (from Ch. 111 1/2, par. 73-12)
| ||||||
22 | Sec. 12. Live births; place of registration.
| ||||||
23 | (1) Each live birth which occurs in this State shall be | ||||||
24 | registered
with the local or subregistrar of the district in |
| |||||||
| |||||||
1 | which the birth occurred
as provided in this Section, within 7 | ||||||
2 | days after the birth. When a
birth occurs on a moving | ||||||
3 | conveyance, the city, village, township, or road
district in | ||||||
4 | which the child is first removed from the conveyance shall be
| ||||||
5 | considered the place of birth and a birth certificate shall be | ||||||
6 | filed in the
registration district in which the place is | ||||||
7 | located.
| ||||||
8 | (2) When a birth occurs in an institution, the person in | ||||||
9 | charge of the
institution or his designated representative | ||||||
10 | shall obtain and record all
the personal and statistical | ||||||
11 | particulars relative to the parents of the
child that are | ||||||
12 | required to properly complete the live birth certificate; shall
| ||||||
13 | secure the required
personal signatures on the hospital | ||||||
14 | worksheet; shall prepare the certificate
from this worksheet; | ||||||
15 | and shall file the certificate with the local
registrar. The | ||||||
16 | institution shall retain the hospital worksheet permanently or
| ||||||
17 | as
otherwise specified by rule. The
physician in attendance | ||||||
18 | shall verify or provide the date of birth and
medical | ||||||
19 | information required by the certificate, within 24 hours after | ||||||
20 | the
birth occurs.
| ||||||
21 | (3) When a birth occurs outside an institution, the | ||||||
22 | certificate shall be
prepared and filed by one of the following | ||||||
23 | in the indicated order of
priority:
| ||||||
24 | (a) The physician in attendance at or immediately after | ||||||
25 | the birth, or in
the absence of such a person,
| ||||||
26 | (b) Any other person in attendance at or immediately |
| |||||||
| |||||||
1 | after the birth, or
in the absence of such a person,
| ||||||
2 | (c) The father, the mother, or in the absence of the | ||||||
3 | father and the
inability of the mother, the person in | ||||||
4 | charge of the premises where the
birth occurred.
| ||||||
5 | (4) Unless otherwise provided in this Act, if the mother | ||||||
6 | was not married
to the father of the child at either the time | ||||||
7 | of conception or the time of
birth, the name of the father | ||||||
8 | shall be entered on the child's
birth certificate only if the | ||||||
9 | mother and the person to be named as the father
have signed an | ||||||
10 | acknowledgment of parentage in accordance with subsection (5).
| ||||||
11 | Unless otherwise provided in this Act, if the mother was | ||||||
12 | married at the time
of conception or birth and the presumed | ||||||
13 | father (that is, the mother's husband)
is not the biological | ||||||
14 | father of the child, the name of the
biological father shall be | ||||||
15 | entered on the child's birth certificate only if, in
accordance | ||||||
16 | with subsection (5), (i)
the mother and the person to be named | ||||||
17 | as the father have signed an
acknowledgment of parentage and | ||||||
18 | (ii) the mother and presumed father have signed
a denial of | ||||||
19 | paternity.
| ||||||
20 | (5) Upon the birth of a child to an unmarried woman, or | ||||||
21 | upon the birth of
a child to a woman who was married at the time | ||||||
22 | of conception or birth and whose
husband is not the biological | ||||||
23 | father of the child, the institution at the time
of birth and | ||||||
24 | the local registrar or county clerk after the birth shall do | ||||||
25 | the
following:
| ||||||
26 | (a) Provide (i) an opportunity for the child's mother |
| |||||||
| |||||||
1 | and father to sign
an acknowledgment of parentage and (ii) | ||||||
2 | if the presumed father is not the
biological father, an | ||||||
3 | opportunity for the mother and presumed father to sign a
| ||||||
4 | denial of paternity. The signing and witnessing of the | ||||||
5 | acknowledgment of
parentage or, if the presumed father of | ||||||
6 | the child is not the biological father,
the acknowledgment | ||||||
7 | of parentage and denial of paternity conclusively
| ||||||
8 | establishes a parent and child relationship in accordance | ||||||
9 | with Sections 5 and 6
of the Illinois Parentage Act of | ||||||
10 | 1984.
| ||||||
11 | The Illinois Department of Healthcare and Family | ||||||
12 | Services
Public Aid shall furnish
the acknowledgment of | ||||||
13 | parentage and denial of paternity form to institutions,
| ||||||
14 | county clerks, and State and local registrars' offices. The | ||||||
15 | form shall
include
instructions to send the
original signed | ||||||
16 | and witnessed acknowledgment of parentage and denial of
| ||||||
17 | paternity to the Illinois Department of Healthcare and | ||||||
18 | Family Services
Public Aid .
| ||||||
19 | (b) Provide the following documents, furnished by the | ||||||
20 | Illinois Department
of Healthcare and Family Services
| ||||||
21 | Public Aid , to the child's mother, biological father, and | ||||||
22 | (if the person
presumed to be the child's father is not the | ||||||
23 | biological father) presumed father
for their review at
the | ||||||
24 | time the opportunity is provided to establish a parent and | ||||||
25 | child
relationship:
| ||||||
26 | (i) An explanation of the implications of, |
| |||||||
| |||||||
1 | alternatives to, legal
consequences of, and the rights | ||||||
2 | and responsibilities
that arise from signing an
| ||||||
3 | acknowledgment of parentage and, if necessary, a | ||||||
4 | denial of
paternity, including an explanation of the | ||||||
5 | parental rights and
responsibilities of child support, | ||||||
6 | visitation, custody, retroactive support,
health | ||||||
7 | insurance coverage, and payment of birth expenses.
| ||||||
8 | (ii) An explanation of the benefits of having a | ||||||
9 | child's parentage
established and the availability of | ||||||
10 | parentage establishment and child
support
enforcement | ||||||
11 | services.
| ||||||
12 | (iii) A request for an application for child | ||||||
13 | support enforcement
services from
the Illinois
| ||||||
14 | Department of Healthcare and Family Services
Public | ||||||
15 | Aid .
| ||||||
16 | (iv) Instructions concerning the opportunity to | ||||||
17 | speak, either by
telephone or in person, with staff of
| ||||||
18 | the Illinois Department of Healthcare and Family | ||||||
19 | Services
Public Aid who are trained to clarify | ||||||
20 | information
and answer questions about paternity | ||||||
21 | establishment.
| ||||||
22 | (v) Instructions for completing and signing the | ||||||
23 | acknowledgment of
parentage and denial of paternity.
| ||||||
24 | (c) Provide an oral explanation of the documents and | ||||||
25 | instructions set
forth in subdivision (5)(b), including an | ||||||
26 | explanation of the implications of,
alternatives to, legal |
| |||||||
| |||||||
1 | consequences of, and the rights and responsibilities
that | ||||||
2 | arise from signing an acknowledgment of parentage and, if | ||||||
3 | necessary, a
denial of paternity. The oral explanation may | ||||||
4 | be given in person or through
the use of video or audio | ||||||
5 | equipment.
| ||||||
6 | (6) The institution, State or local registrar, or county | ||||||
7 | clerk shall provide
an
opportunity for the child's father or | ||||||
8 | mother to sign a rescission of parentage.
The signing and | ||||||
9 | witnessing of the rescission of parentage voids the
| ||||||
10 | acknowledgment of parentage and nullifies the presumption of | ||||||
11 | paternity if
executed and filed with the Department of | ||||||
12 | Healthcare and Family Services (formerly Illinois Department | ||||||
13 | of Public Aid ) within the
time frame contained in Section 5
of | ||||||
14 | the Illinois Parentage Act of 1984.
The Illinois Department of | ||||||
15 | Healthcare and Family Services
Public Aid shall furnish the | ||||||
16 | rescission of parentage
form to institutions, county clerks, | ||||||
17 | and State and local registrars' offices.
The form shall include | ||||||
18 | instructions to send the original signed and witnessed
| ||||||
19 | rescission of parentage to the Illinois Department of | ||||||
20 | Healthcare and Family Services
Public Aid .
| ||||||
21 | (7) An acknowledgment of paternity signed pursuant to | ||||||
22 | Section 6 of the
Illinois Parentage Act of 1984 may be | ||||||
23 | challenged in court only on the basis of
fraud, duress, or | ||||||
24 | material mistake of fact, with the burden of proof upon the
| ||||||
25 | challenging party. Pending outcome of a challenge to the | ||||||
26 | acknowledgment of
paternity, the legal responsibilities of the |
| |||||||
| |||||||
1 | signatories shall remain in full
force and effect, except upon | ||||||
2 | order of the court upon a showing of good cause.
| ||||||
3 | (8) When the process for acknowledgment of parentage as | ||||||
4 | provided for under
subsection (5) establishes the paternity of | ||||||
5 | a child whose certificate of birth
is on file in
another state, | ||||||
6 | the Illinois Department of Healthcare and Family Services
| ||||||
7 | Public Aid shall forward a copy of
the
acknowledgment of | ||||||
8 | parentage, the denial of paternity, if applicable, and the
| ||||||
9 | rescission of parentage, if applicable, to the birth record | ||||||
10 | agency of the state
where the child's certificate of birth is | ||||||
11 | on file.
| ||||||
12 | (9) In the event the parent-child relationship has been | ||||||
13 | established in
accordance with subdivision (a)(1) of Section 6 | ||||||
14 | of the Parentage Act of 1984,
the names of the biological | ||||||
15 | mother and biological father so established shall
be entered on | ||||||
16 | the child's birth certificate, and the names of the surrogate
| ||||||
17 | mother and surrogate mother's husband, if any, shall not be on | ||||||
18 | the birth
certificate.
| ||||||
19 | (Source: P.A. 91-308, eff. 7-29-99; 92-590, eff. 7-1-02; | ||||||
20 | revised 12-15-05.)
| ||||||
21 | (410 ILCS 535/17) (from Ch. 111 1/2, par. 73-17)
| ||||||
22 | Sec. 17. (1) For a person born in this State, the State | ||||||
23 | Registrar of Vital
Records shall establish a new certificate of | ||||||
24 | birth when he receives any of
the following:
| ||||||
25 | (a) A certificate of adoption as provided in Section 16 |
| |||||||
| |||||||
1 | or a certified
copy of the order of adoption together with | ||||||
2 | the information necessary to
identify the original | ||||||
3 | certificate of birth and to establish the new
certificate | ||||||
4 | of birth; except that a new certificate of birth shall not | ||||||
5 | be
established if so requested by the court ordering the | ||||||
6 | adoption, the
adoptive parents, or the adopted person.
| ||||||
7 | (b) A certificate of adoption or a certified copy of | ||||||
8 | the order of
adoption entered in a court of competent | ||||||
9 | jurisdiction of any other state or
country declaring | ||||||
10 | adopted a child born in the State of Illinois, together
| ||||||
11 | with the information necessary to identify the original | ||||||
12 | certificate of
birth and to establish the new certificate | ||||||
13 | of birth; except that a new
certificate of birth shall not | ||||||
14 | be established if so requested by the court
ordering the | ||||||
15 | adoption, the adoptive parents, or the adopted person.
| ||||||
16 | (c) A request that a new certificate be established and | ||||||
17 | such evidence as
required by regulation proving that such | ||||||
18 | person has been legitimatized, or
that the circuit court, | ||||||
19 | the Department of Healthcare and Family Services (formerly
| ||||||
20 | Illinois Department of Public Aid ) , or
a court or | ||||||
21 | administrative agency of any other state
has established
| ||||||
22 | the paternity of such a person
by judicial or | ||||||
23 | administrative processes or by voluntary acknowledgment,
| ||||||
24 | which is accompanied by the social security
numbers of all | ||||||
25 | persons determined and presumed to be the parents.
| ||||||
26 | (d) An affidavit by a physician that he has performed |
| |||||||
| |||||||
1 | an operation on a
person, and that by reason of the | ||||||
2 | operation the sex designation on such
person's birth record | ||||||
3 | should be changed. The State Registrar of Vital
Records may | ||||||
4 | make any investigation or require any further information | ||||||
5 | he
deems necessary.
| ||||||
6 | Each request for a new certificate of birth shall be | ||||||
7 | accompanied by a fee
of $15 and entitles the applicant to one | ||||||
8 | certification or certified copy
of the new certificate. If the | ||||||
9 | request is for additional copies, it shall
be accompanied by a | ||||||
10 | fee of $2 for each additional certification or certified
copy.
| ||||||
11 | (2) When a new certificate of birth is established, the | ||||||
12 | actual place and
date of birth shall be shown; provided, in the | ||||||
13 | case of adoption of a person
born in this State by parents who | ||||||
14 | were residents of this State at the time
of the birth of the | ||||||
15 | adopted person, the place of birth may be shown as the
place of | ||||||
16 | residence of the adoptive parents at the time of such person's
| ||||||
17 | birth, if specifically requested by them, and any new | ||||||
18 | certificate of birth
established prior to the effective date of | ||||||
19 | this amendatory Act may be
corrected accordingly if so | ||||||
20 | requested by the adoptive parents or the
adopted person when of | ||||||
21 | legal age. The social security numbers of the
parents shall not | ||||||
22 | be recorded on the certificate of birth. The social
security | ||||||
23 | numbers may only be used for purposes allowed under federal | ||||||
24 | law.
The new certificate shall be substituted for the original | ||||||
25 | certificate of birth:
| ||||||
26 | (a) Thereafter, the original certificate and the |
| |||||||
| |||||||
1 | evidence of adoption,
paternity, legitimation, or sex | ||||||
2 | change shall not be subject to inspection
or certification | ||||||
3 | except upon order of the circuit court or
as provided by | ||||||
4 | regulation.
| ||||||
5 | (b) Upon receipt of notice of annulment of adoption, | ||||||
6 | the original
certificate of birth shall be restored to its | ||||||
7 | place in the files, and the
new certificate and evidence | ||||||
8 | shall not be subject to inspection or
certification except | ||||||
9 | upon order of the circuit court.
| ||||||
10 | (3) If no certificate of birth is on file for the person | ||||||
11 | for whom a new
certificate is to be established under this | ||||||
12 | Section, a delayed record of
birth shall be filed with the | ||||||
13 | State Registrar of Vital Records as provided
in Section 14 or | ||||||
14 | Section 15 of this Act before a new certificate of birth
is | ||||||
15 | established, except that when the date and place of birth and | ||||||
16 | parentage
have been established in the adoption proceedings, a | ||||||
17 | delayed record shall
not be required.
| ||||||
18 | (4) When a new certificate of birth is established by the | ||||||
19 | State
Registrar of Vital Records, all copies of the original | ||||||
20 | certificate of birth
in the custody of any custodian of | ||||||
21 | permanent local records in this State
shall be transmitted to | ||||||
22 | the State Registrar of Vital Records as directed,
and shall be | ||||||
23 | sealed from inspection.
| ||||||
24 | (5) Nothing in this Section shall be construed to prohibit | ||||||
25 | the amendment
of a birth certificate in accordance with | ||||||
26 | subsection (6) of Section 22.
|
| |||||||
| |||||||
1 | (Source: P.A. 89-6, eff. 3-6-95; 89-257, eff. 1-1-96; 89-626, | ||||||
2 | eff. 8-9-96;
90-18, eff. 7-1-97; revised 12-15-05.)
| ||||||
3 | (410 ILCS 535/22) (from Ch. 111 1/2, par. 73-22)
| ||||||
4 | Sec. 22. (1) A certificate or record filed under this Act | ||||||
5 | may be amended
only in accordance with this Act and such | ||||||
6 | regulations as the Department may
adopt to protect the | ||||||
7 | integrity of vital records.
An application for an amendment | ||||||
8 | shall be accompanied by a fee of $15 which
includes the | ||||||
9 | provision of one certification or certified copy of the
amended | ||||||
10 | birth record. If the request is for additional
copies, it shall | ||||||
11 | be accompanied by a fee of $2 for each additional
certification | ||||||
12 | or certified copy. Such amendments may only
be made in | ||||||
13 | connection with the original certificates and may not be made | ||||||
14 | on
copies of such certificates without the approval of the | ||||||
15 | State Registrar of
Vital Records. The provisions of this | ||||||
16 | Section shall also be applicable to a
certificate or record | ||||||
17 | filed under any former Act relating to the
registration of | ||||||
18 | births, stillbirths, and deaths. Any original certificate
or | ||||||
19 | record filed with the county clerk prior to January 1, 1916, | ||||||
20 | may be
amended by the county clerk under the same provisions of | ||||||
21 | this Section, or
regulations adopted pursuant thereto, as apply | ||||||
22 | to the State Registrar of
Vital Records governing amendments to | ||||||
23 | certificates or records filed with
the Department subsequent to | ||||||
24 | December 31, 1915.
| ||||||
25 | (2) A certificate that is amended under this Section after |
| |||||||
| |||||||
1 | its filing
shall have the correction entered on its face; shall | ||||||
2 | clearly indicate that
an amendment has been made; and shall | ||||||
3 | show the date of the amendment. A
summary description of the | ||||||
4 | evidence submitted in support of an amendment
shall be | ||||||
5 | permanently retained by the Department either as an original
| ||||||
6 | record or in microphotographic form. Documents from which such | ||||||
7 | summary
descriptions are made may be returned by the Department | ||||||
8 | to the person or
persons submitting them. The Department shall | ||||||
9 | prescribe by regulation the
conditions under which, within one | ||||||
10 | year after the date of occurrence,
additions or minor | ||||||
11 | corrections may be made without the certificate being
| ||||||
12 | considered amended.
| ||||||
13 | (3) An amendment to a delayed birth registration | ||||||
14 | established under the
provisions of Section 15 of this Act may | ||||||
15 | be made by the State Registrar
of Vital Records only upon the | ||||||
16 | basis of an order from the court which
originally established | ||||||
17 | the facts of birth.
| ||||||
18 | (4) Upon receipt of a certified copy of a court order | ||||||
19 | changing the name
or names of a person born in this State, the | ||||||
20 | official custodian shall amend
the original certificate of | ||||||
21 | birth to reflect the changes.
| ||||||
22 | (5) (Blank).
| ||||||
23 | (6) When the
paternity of a child with a certificate of | ||||||
24 | birth on file in this State is
established through voluntary | ||||||
25 | acknowledgment or by a court or administrative
agency under the | ||||||
26 | laws of this or any other state, the
State Registrar of Vital |
| |||||||
| |||||||
1 | Records shall amend the original record accordingly,
upon | ||||||
2 | notification from a circuit court of this State or the | ||||||
3 | Department of Healthcare and Family Services (formerly
| ||||||
4 | Illinois Department
of Public Aid ) , or upon receipt of a | ||||||
5 | certified copy of another state's
acknowledgment or judicial or | ||||||
6 | administrative determination of paternity.
| ||||||
7 | (7) Notwithstanding any other provision of this Act, if an
| ||||||
8 | adopted person applies in accordance with this Section for the | ||||||
9 | amendment of the
name on his or her birth certificate, the | ||||||
10 | State Registrar shall amend the birth
certificate if the person | ||||||
11 | provides documentation or other evidence supporting
the | ||||||
12 | application that would be deemed sufficient if the | ||||||
13 | documentation or
evidence had been submitted in support of an | ||||||
14 | application by a person who has
not been adopted.
| ||||||
15 | (8) When paternity has been established after the birth in | ||||||
16 | accordance with
Section 12, the State Registrar of Vital | ||||||
17 | Records shall amend the original
record accordingly.
| ||||||
18 | (9) Upon application by the parents not later than one year | ||||||
19 | after an
acknowledgment of parentage under this Act or the | ||||||
20 | Illinois Public Aid Code or a
judicial or administrative | ||||||
21 | determination or establishment of paternity or
parentage, the | ||||||
22 | State Registrar of Vital Records shall amend the child's
name | ||||||
23 | on the child's certificate of birth
in accordance with the | ||||||
24 | application. No more than one application to change a
child's | ||||||
25 | name may be made under this subsection (9).
| ||||||
26 | (10) When a certificate is amended by the State Registrar |
| |||||||
| |||||||
1 | of Vital Records
under this Section, the State Registrar of | ||||||
2 | Vital Records shall furnish a copy
of the summary description | ||||||
3 | to the custodian of any permanent local records and
such | ||||||
4 | records shall be amended accordingly.
| ||||||
5 | (Source: P.A. 89-6, eff. 3-6-95; 89-257, eff. 1-1-96; 89-626, | ||||||
6 | eff. 8-9-96;
89-641, eff. 8-9-96; 90-18, eff. 7-1-97; revised | ||||||
7 | 12-15-05.)
| ||||||
8 | (410 ILCS 535/24) (from Ch. 111 1/2, par. 73-24)
| ||||||
9 | Sec. 24. (1) To protect the integrity of vital records, to | ||||||
10 | insure their
proper use, and to insure the efficient and proper | ||||||
11 | administration of the
vital records system, access to vital | ||||||
12 | records, and indexes thereof,
including vital records in the | ||||||
13 | custody of local registrars and county
clerks originating prior | ||||||
14 | to January 1, 1916, is limited to the custodian
and his | ||||||
15 | employees, and then only for administrative purposes, except | ||||||
16 | that
the indexes of those records in the custody of local | ||||||
17 | registrars and county
clerks, originating prior to January 1, | ||||||
18 | 1916, shall be made available to
persons for the purpose of | ||||||
19 | genealogical research. Original, photographic or
| ||||||
20 | microphotographic reproductions of original records of births | ||||||
21 | 100 years old
and older and deaths 50 years old and older, and | ||||||
22 | marriage records 75 years
old and older on file in the State | ||||||
23 | Office of Vital Records and in the
custody of the county clerks | ||||||
24 | may be made available for inspection in the
Illinois State | ||||||
25 | Archives reference area, Illinois Regional Archives
|
| |||||||
| |||||||
1 | Depositories, and other libraries approved by the Illinois | ||||||
2 | State
Registrar and the Director of the Illinois State | ||||||
3 | Archives, provided that
the photographic or microphotographic | ||||||
4 | copies are made at no cost to the
county or to the State of | ||||||
5 | Illinois. It is unlawful for any custodian to
permit inspection | ||||||
6 | of, or to disclose information contained in, vital
records, or | ||||||
7 | to copy or permit to be copied, all or part of any such record
| ||||||
8 | except as authorized by this Act or regulations adopted | ||||||
9 | pursuant thereto.
| ||||||
10 | (2) The State Registrar of Vital Records, or his agent, and | ||||||
11 | any
municipal, county, multi-county, public health district, | ||||||
12 | or regional health
officer recognized by the Department may | ||||||
13 | examine vital records for the
purpose only of carrying out the | ||||||
14 | public health programs and
responsibilities under his | ||||||
15 | jurisdiction.
| ||||||
16 | (3) The State Registrar of Vital Records, may disclose, or | ||||||
17 | authorize the
disclosure of, data contained in the vital | ||||||
18 | records when deemed essential
for bona fide research purposes | ||||||
19 | which are not for private gain.
| ||||||
20 | This amendatory Act of 1973 does not apply to any home rule | ||||||
21 | unit.
| ||||||
22 | (4) The State Registrar shall exchange with the Illinois
| ||||||
23 | Department of Healthcare and Family Services
Public Aid
| ||||||
24 | information that
may be necessary for the establishment of | ||||||
25 | paternity and the establishment,
modification, and enforcement | ||||||
26 | of child support orders
entered pursuant to the Illinois Public |
| |||||||
| |||||||
1 | Aid Code, the Illinois
Marriage and Dissolution of Marriage | ||||||
2 | Act, the Non-Support of
Spouse and Children Act, the | ||||||
3 | Non-Support Punishment Act, the Revised Uniform Reciprocal | ||||||
4 | Enforcement of Support
Act, the Uniform Interstate Family | ||||||
5 | Support
Act, or the Illinois Parentage Act of 1984.
| ||||||
6 | Notwithstanding any provisions in this Act to the
contrary, the | ||||||
7 | State Registrar shall not be liable
to any person for any | ||||||
8 | disclosure of information to the
Department of Healthcare and | ||||||
9 | Family Services (formerly Illinois Department of Public Aid )
| ||||||
10 | under this subsection
or for any
other action taken in good | ||||||
11 | faith to comply with the requirements of this
subsection.
| ||||||
12 | (Source: P.A. 90-18, eff. 7-1-97; 91-613, eff. 10-1-99; revised | ||||||
13 | 12-15-05.)
| ||||||
14 | (410 ILCS 535/25.1) (from Ch. 111 1/2, par. 73-25.1)
| ||||||
15 | Sec. 25.1. (a) When the State Registrar of Vital Records | ||||||
16 | receives
or prepares a death certificate the Registrar shall | ||||||
17 | make an
appropriate notation in the birth certificate record of | ||||||
18 | that person that
the person is deceased. The Registrar shall | ||||||
19 | also notify the appropriate
municipal or county custodian of | ||||||
20 | such birth record that the person is
deceased, and such | ||||||
21 | custodian shall likewise make an appropriate notation
in its | ||||||
22 | records.
| ||||||
23 | (b) In response to any inquiry, the Registrar or a | ||||||
24 | custodian shall not
provide a copy of a birth certificate or | ||||||
25 | information concerning the birth
record of any deceased person |
| |||||||
| |||||||
1 | except as provided in this subsection (b) or
as otherwise | ||||||
2 | provided in this Act or as approved by the Department. When a
| ||||||
3 | copy of the birth certificate of a deceased person is | ||||||
4 | requested, the
Registrar or custodian shall require the person | ||||||
5 | making the request to
complete an information form, which shall | ||||||
6 | be developed and furnished by the
Department and shall include, | ||||||
7 | at a minimum, the name, address, telephone
number, social | ||||||
8 | security number and driver's license number of the person
| ||||||
9 | making the request. Before furnishing the copy, the custodian | ||||||
10 | shall
prominently stamp on the copy the word "DECEASED" and | ||||||
11 | write or stamp on the
copy the date of death of the deceased | ||||||
12 | person. The custodian shall retain
the information form | ||||||
13 | completed by the person making the request, and note
on the | ||||||
14 | birth certificate record that such a request was made. The
| ||||||
15 | custodian shall make the information form available to the | ||||||
16 | Department of
State Police or any local law enforcement agency | ||||||
17 | upon request. A city or
county custodian shall promptly submit | ||||||
18 | copies of all completed forms to the
Registrar. The word | ||||||
19 | "DECEASED" and the date of death shall not appear on a copy of | ||||||
20 | a birth certificate furnished to a parent of a child who died | ||||||
21 | within 3 months of birth, provided no other copy of a birth | ||||||
22 | certificate was furnished to the parent prior to the child's | ||||||
23 | death.
| ||||||
24 | (c) The Registrar shall furnish, no later than 60 days | ||||||
25 | after receipt of
a form used to request a birth certificate | ||||||
26 | record of a deceased person, a
copy of the form and a copy of |
| |||||||
| |||||||
1 | the corresponding birth certificate record
to the Illinois
| ||||||
2 | Department of Healthcare and Family Services
Public Aid and the | ||||||
3 | Department of Human
Services. The Illinois Department of | ||||||
4 | Healthcare and Family Services
Public Aid and the Department of | ||||||
5 | Human Services shall, upon receipt of such
information, check | ||||||
6 | their records to
ensure that no claim for public assistance | ||||||
7 | under the Illinois Public Aid
Code is being made either by a | ||||||
8 | person
purporting to be the deceased person or by any person on | ||||||
9 | behalf of the
deceased person.
| ||||||
10 | (d) Notwithstanding the requirements of subsection (b), | ||||||
11 | when the death of a child occurs within 90 days of that child's | ||||||
12 | live birth, the mother listed on the birth certificate of that | ||||||
13 | child may request the issuance of a copy of a certificate of | ||||||
14 | live birth from the State Registrar. Such request shall be made | ||||||
15 | in accordance with subsection (b), shall indicate the | ||||||
16 | requestor's relationship to the child, and shall be made not | ||||||
17 | later than 9 months from the date of the death of the child. | ||||||
18 | Except as provided herein, the Registrar shall conform to all | ||||||
19 | requirements of this Act in issuing copies of certificates | ||||||
20 | under this subsection (d).
| ||||||
21 | (Source: P.A. 94-7, eff. 6-6-05; revised 12-15-05.)
| ||||||
22 | Section 945. The Home Health and Hospice Drug Dispensation | ||||||
23 | and Administration Act is amended by changing Section 10 as | ||||||
24 | follows: |
| |||||||
| |||||||
1 | (410 ILCS 642/10)
| ||||||
2 | Sec. 10. Definitions. In this Act: | ||||||
3 | "Authorized nursing employee" means a registered nurse or | ||||||
4 | advanced practice nurse, as defined in the Nursing and Advanced | ||||||
5 | Practice Nursing Act, who is employed by a home health agency | ||||||
6 | or hospice licensed in this State. | ||||||
7 | "Health care professional" means a physician licensed to | ||||||
8 | practice medicine in all its branches, an advanced practice | ||||||
9 | nurse who has a written collaborative agreement with a | ||||||
10 | collaborating physician that authorizes services under this | ||||||
11 | Act, or a physician assistant who has been delegated the | ||||||
12 | authority to perform services under this Act by his or her | ||||||
13 | supervising physician. | ||||||
14 | "Home health agency" has the meaning ascribed to it in | ||||||
15 | Section 2.04 of the Home Health , Home Services, and Home | ||||||
16 | Nursing Agency Licensing Act.
| ||||||
17 | "Hospice" means a full hospice, as defined in Section 3 of | ||||||
18 | the Hospice Program Licensing Act. | ||||||
19 | "Physician" means a physician licensed under the Medical | ||||||
20 | Practice Act of 1987 to practice medicine in all its branches.
| ||||||
21 | (Source: P.A. 94-638, eff. 8-22-05; revised 10-19-06.) | ||||||
22 | Section 950. The Environmental Protection Act is amended by | ||||||
23 | changing Sections 3.330, 5, 42, 55.8, 57.7, 57.8, 57.13, 58.3, | ||||||
24 | and 58.7 and by setting forth and renumbering multiple versions | ||||||
25 | of Section 22.50 as follows:
|
| |||||||
| |||||||
1 | (415 ILCS 5/3.330) (was 415 ILCS 5/3.32)
| ||||||
2 | Sec. 3.330. Pollution control facility.
| ||||||
3 | (a) "Pollution control facility" is any waste storage site, | ||||||
4 | sanitary
landfill, waste disposal site, waste transfer | ||||||
5 | station, waste treatment
facility, or waste incinerator. This | ||||||
6 | includes sewers, sewage treatment
plants, and any other | ||||||
7 | facilities owned or operated by sanitary districts
organized | ||||||
8 | under the Metropolitan Water Reclamation District Act.
| ||||||
9 | The following are not pollution control facilities:
| ||||||
10 | (1) (Blank);
| ||||||
11 | (2) waste storage sites regulated under 40 CFR, Part | ||||||
12 | 761.42;
| ||||||
13 | (3) sites or facilities used by any person conducting a | ||||||
14 | waste storage,
waste treatment, waste disposal, waste | ||||||
15 | transfer or waste incineration
operation, or a combination | ||||||
16 | thereof, for wastes generated by such person's
own | ||||||
17 | activities, when such wastes are stored, treated, disposed | ||||||
18 | of,
transferred or incinerated within the site or facility | ||||||
19 | owned, controlled or
operated by such person, or when such | ||||||
20 | wastes are transported within or
between sites or | ||||||
21 | facilities owned, controlled or operated by such person;
| ||||||
22 | (4) sites or facilities at which the State is | ||||||
23 | performing removal or
remedial action pursuant to Section | ||||||
24 | 22.2 or 55.3;
| ||||||
25 | (5) abandoned quarries used solely for the disposal of |
| |||||||
| |||||||
1 | concrete, earth
materials, gravel, or aggregate debris | ||||||
2 | resulting from road construction
activities conducted by a | ||||||
3 | unit of government or construction activities due
to the | ||||||
4 | construction and installation of underground pipes, lines, | ||||||
5 | conduit
or wires off of the premises of a public utility | ||||||
6 | company which are
conducted by a public utility;
| ||||||
7 | (6) sites or facilities used by any person to | ||||||
8 | specifically conduct a
landscape composting operation;
| ||||||
9 | (7) regional facilities as defined in the Central | ||||||
10 | Midwest Interstate
Low-Level Radioactive Waste Compact;
| ||||||
11 | (8) the portion of a site or facility where coal | ||||||
12 | combustion wastes are
stored or disposed of in accordance | ||||||
13 | with subdivision (r)(2) or (r)(3) of
Section 21;
| ||||||
14 | (9) the portion of a site or facility used for the | ||||||
15 | collection,
storage or processing of waste tires as defined | ||||||
16 | in Title XIV;
| ||||||
17 | (10) the portion of a site or facility used for | ||||||
18 | treatment of
petroleum contaminated materials by | ||||||
19 | application onto or incorporation into
the soil surface and | ||||||
20 | any portion of that site or facility used for storage
of | ||||||
21 | petroleum contaminated materials before treatment. Only | ||||||
22 | those categories
of petroleum listed in Section
57.9(a)(3) | ||||||
23 | are exempt under this subdivision (10);
| ||||||
24 | (11) the portion of a site or facility where used oil | ||||||
25 | is collected or
stored prior to shipment to a recycling or | ||||||
26 | energy recovery facility, provided
that the used oil is |
| |||||||
| |||||||
1 | generated by households or commercial establishments, and
| ||||||
2 | the site or facility is a recycling center or a business | ||||||
3 | where oil or gasoline
is sold at retail; | ||||||
4 | (11.5) processing sites or facilities that receive | ||||||
5 | only on-specification used oil, as defined in 35 Ill. | ||||||
6 | Admin. Code 739, originating from used oil collectors for | ||||||
7 | processing that is managed under 35 Ill. Admin. Code 739 to | ||||||
8 | produce products for sale to off-site petroleum | ||||||
9 | facilities, if these processing sites or facilities are: | ||||||
10 | (i) located within a home rule unit of local government | ||||||
11 | with a population of at least 30,000 according to the 2000 | ||||||
12 | federal census, that home rule unit of local government has | ||||||
13 | been designated as an Urban Round II Empowerment Zone by | ||||||
14 | the United States Department of Housing and Urban | ||||||
15 | Development, and that home rule unit of local government | ||||||
16 | has enacted an ordinance approving the location of the site | ||||||
17 | or facility and provided funding for the site or facility; | ||||||
18 | and (ii) in compliance with all applicable zoning | ||||||
19 | requirements ; .
| ||||||
20 | (12) the portion of a site or facility utilizing coal | ||||||
21 | combustion waste
for stabilization and treatment of only | ||||||
22 | waste generated on that site or
facility when used in | ||||||
23 | connection with response actions pursuant to the federal
| ||||||
24 | Comprehensive Environmental Response, Compensation, and | ||||||
25 | Liability Act of 1980,
the federal Resource Conservation | ||||||
26 | and Recovery Act of 1976, or the Illinois
Environmental |
| |||||||
| |||||||
1 | Protection Act or as authorized by the Agency;
| ||||||
2 | (13) the portion of a site or facility accepting | ||||||
3 | exclusively general
construction or demolition debris, | ||||||
4 | located in a county with a population over
700,000 as of | ||||||
5 | January 1, 2000, and operated and located in accordance | ||||||
6 | with Section 22.38 of this Act; | ||||||
7 | (14) the portion of a site or facility, located within | ||||||
8 | a unit of local government that has enacted local zoning | ||||||
9 | requirements, used to accept, separate, and process | ||||||
10 | uncontaminated broken concrete, with or without protruding | ||||||
11 | metal bars, provided that the uncontaminated broken | ||||||
12 | concrete and metal bars are not speculatively accumulated, | ||||||
13 | are at the site or facility no longer than one year after | ||||||
14 | their acceptance, and are returned to the economic | ||||||
15 | mainstream in the form of raw materials or products; and
| ||||||
16 | (15) the portion of a site or facility located in a | ||||||
17 | county with a population over 3,000,000 that has obtained | ||||||
18 | local siting approval under Section 39.2 of this Act for a | ||||||
19 | municipal waste incinerator on or before July 1, 2005 and | ||||||
20 | that is used for a non-hazardous waste transfer station.
| ||||||
21 | (b) A new pollution control facility is:
| ||||||
22 | (1) a pollution control facility initially permitted | ||||||
23 | for development or
construction after July 1, 1981; or
| ||||||
24 | (2) the area of expansion beyond the boundary of a | ||||||
25 | currently permitted
pollution control facility; or
| ||||||
26 | (3) a permitted pollution control facility requesting |
| |||||||
| |||||||
1 | approval to
store, dispose of, transfer or incinerate, for | ||||||
2 | the first time, any special
or hazardous waste.
| ||||||
3 | (Source: P.A. 93-998, eff. 8-23-04; 94-94, eff. 7-1-05; 94-249, | ||||||
4 | eff. 7-19-05; 94-824, eff. 6-2-06; revised 8-3-06.)
| ||||||
5 | (415 ILCS 5/5) (from Ch. 111 1/2, par. 1005)
| ||||||
6 | Sec. 5. Pollution Control Board.
| ||||||
7 | (a) There is hereby created an independent board to be | ||||||
8 | known as the
Pollution Control Board.
| ||||||
9 | Until July 1, 2003 or when all of the new members to be | ||||||
10 | initially
appointed under this amendatory Act of the 93rd | ||||||
11 | General Assembly have been
appointed by the Governor, whichever | ||||||
12 | occurs later,
the Board shall consist of 7 technically | ||||||
13 | qualified members,
no more than 4 of whom may be of the same | ||||||
14 | political party, to be appointed
by the Governor with the | ||||||
15 | advice and consent of the Senate.
| ||||||
16 | The term of each appointed member of the Board
who is in | ||||||
17 | office on June 30, 2003 shall terminate at the close of | ||||||
18 | business
on that date or when all of the new members to be | ||||||
19 | initially appointed under
this amendatory Act of the 93rd | ||||||
20 | General Assembly have been appointed by the
Governor, whichever | ||||||
21 | occurs later.
| ||||||
22 | Beginning on July 1, 2003 or when all of the new members to | ||||||
23 | be initially
appointed under this amendatory Act of the 93rd | ||||||
24 | General Assembly have been
appointed by the Governor, whichever | ||||||
25 | occurs later, the Board shall consist
of 5 technically |
| |||||||
| |||||||
1 | qualified members, no more than 3 of whom may be of the same
| ||||||
2 | political party, to be appointed by the Governor with the | ||||||
3 | advice and consent
of the Senate. Members shall have verifiable | ||||||
4 | technical, academic, or actual
experience in the field of | ||||||
5 | pollution control or environmental law and
regulation.
| ||||||
6 | Of the members initially appointed pursuant to this | ||||||
7 | amendatory Act of the
93rd General Assembly, one shall be | ||||||
8 | appointed for a term ending July 1, 2004,
2 shall be appointed | ||||||
9 | for terms ending July 1, 2005, and 2 shall be appointed
for | ||||||
10 | terms ending July 1, 2006. Thereafter, all members shall hold | ||||||
11 | office for
3 years from the first day of July in the year in | ||||||
12 | which they were appointed,
except in case of an appointment to | ||||||
13 | fill a vacancy. In case of a vacancy in
the office when the | ||||||
14 | Senate is not in session, the Governor may make a temporary
| ||||||
15 | appointment until the next meeting of the Senate, when he or | ||||||
16 | she shall
nominate some person to fill such office; and any | ||||||
17 | person so nominated, who is
confirmed by the Senate, shall hold | ||||||
18 | the office during the remainder of the
term.
| ||||||
19 | Members of the Board shall hold office until their | ||||||
20 | respective successors
have been appointed and qualified. Any | ||||||
21 | member may resign from office, such
resignation to take effect | ||||||
22 | when a successor has been appointed and has
qualified.
| ||||||
23 | Board members shall be paid $37,000 per year or an amount | ||||||
24 | set by the
Compensation Review Board, whichever is greater, and | ||||||
25 | the Chairman shall
be paid $43,000 per year or an amount set by | ||||||
26 | the Compensation Review Board,
whichever is greater. Each |
| |||||||
| |||||||
1 | member shall devote his or her entire time to the
duties of the | ||||||
2 | office, and shall hold no other office or position of profit, | ||||||
3 | nor
engage in any other business, employment, or vocation. Each | ||||||
4 | member shall be
reimbursed for expenses necessarily incurred | ||||||
5 | and shall make a financial disclosure upon
appointment.
| ||||||
6 | Each Board member may employ one secretary and one | ||||||
7 | assistant, and the
Chairman one secretary and 2 assistants. The | ||||||
8 | Board also may employ and
compensate hearing officers to | ||||||
9 | preside at hearings under this Act, and such
other personnel as | ||||||
10 | may be necessary. Hearing officers shall be attorneys
licensed | ||||||
11 | to practice law in Illinois.
| ||||||
12 | The Board may have an Executive Director; if so, the | ||||||
13 | Executive Director
shall be appointed by the Governor with the | ||||||
14 | advice and consent of the Senate.
The salary and duties of the | ||||||
15 | Executive Director shall be fixed by the Board.
| ||||||
16 | The Governor shall designate one Board member to be | ||||||
17 | Chairman, who
shall serve at the pleasure of the Governor.
| ||||||
18 | The Board shall hold at least one meeting each month and | ||||||
19 | such
additional meetings as may be prescribed by Board rules. | ||||||
20 | In addition,
special meetings may be called by the Chairman or | ||||||
21 | by any 2 Board
members, upon delivery of 24 hours written | ||||||
22 | notice to the office of each
member. All Board meetings shall | ||||||
23 | be open to the public, and public
notice of all meetings shall | ||||||
24 | be given at least 24 hours in
advance of each meeting. In | ||||||
25 | emergency situations in which a majority of
the Board certifies | ||||||
26 | that exigencies of time require the requirements of
public |
| |||||||
| |||||||
1 | notice and of 24 hour written notice to members may be
| ||||||
2 | dispensed with, and Board members shall receive such notice as | ||||||
3 | is
reasonable under the circumstances.
| ||||||
4 | If there is no vacancy on the Board, 4 members of the Board | ||||||
5 | shall
constitute a quorum to transact business; otherwise, a | ||||||
6 | majority of the
Board shall constitute a quorum to transact | ||||||
7 | business, and no vacancy
shall impair the right of the | ||||||
8 | remaining members to exercise all of the
powers of the Board. | ||||||
9 | Every action approved by a majority of the members
of the Board | ||||||
10 | shall be deemed to be the action of the Board. The Board shall | ||||||
11 | keep a complete and accurate record of all its
meetings.
| ||||||
12 | (b) The Board shall determine, define and implement the
| ||||||
13 | environmental control standards applicable in the State of | ||||||
14 | Illinois and
may adopt rules and regulations in accordance with | ||||||
15 | Title VII of this Act.
| ||||||
16 | (c) The Board shall have authority to act for the State in | ||||||
17 | regard to
the adoption of standards for submission to the | ||||||
18 | United States under any
federal law respecting environmental | ||||||
19 | protection. Such standards shall be
adopted in accordance with | ||||||
20 | Title VII of the Act and upon adoption shall
be forwarded to | ||||||
21 | the Environmental Protection Agency for submission to
the | ||||||
22 | United States pursuant to subsections (l) and (m) of Section 4 | ||||||
23 | of this
Act. Nothing in this paragraph shall limit the | ||||||
24 | discretion of the Governor to
delegate authority granted to the | ||||||
25 | Governor under any federal law.
| ||||||
26 | (d) The Board shall have authority to conduct proceedings
|
| |||||||
| |||||||
1 | upon complaints charging violations of this Act, any rule or | ||||||
2 | regulation
adopted under this Act, any permit or term or | ||||||
3 | condition of a permit, or any
Board order; upon
administrative | ||||||
4 | citations; upon petitions for variances or adjusted standards;
| ||||||
5 | upon petitions for review of the Agency's final determinations | ||||||
6 | on permit
applications in accordance with Title X of this Act; | ||||||
7 | upon petitions to remove
seals under Section 34 of this Act; | ||||||
8 | and upon other petitions for review of
final determinations | ||||||
9 | which are made pursuant to this Act or Board rule and
which | ||||||
10 | involve a subject which the Board is authorized to regulate. | ||||||
11 | The Board
may also conduct other proceedings as may be provided | ||||||
12 | by this Act or any other
statute or rule.
| ||||||
13 | (e) In connection with any proceeding pursuant to
| ||||||
14 | subsection (b) or (d) of this Section, the Board may
subpoena | ||||||
15 | and compel the attendance of witnesses and the production of | ||||||
16 | evidence
reasonably necessary to resolution of the matter under | ||||||
17 | consideration. The
Board shall issue such subpoenas upon the | ||||||
18 | request of any party to a proceeding
under subsection (d) of | ||||||
19 | this Section or upon its own motion.
| ||||||
20 | (f) The Board may prescribe reasonable fees for permits | ||||||
21 | required
pursuant to this Act. Such fees in the aggregate may | ||||||
22 | not exceed the total
cost to the Agency for its inspection and | ||||||
23 | permit systems. The Board may not
prescribe any permit fees | ||||||
24 | which are different in amount from those established
by this | ||||||
25 | Act.
| ||||||
26 | (Source: P.A. 92-574, eff. 6-26-02; 93-152, eff. 7-10-03; |
| |||||||
| |||||||
1 | 93-509, eff.
8-11-03; revised 9-11-03.)
| ||||||
2 | (415 ILCS 5/22.50)
| ||||||
3 | Sec. 22.50. Compliance with land use limitations. No | ||||||
4 | person shall use, or cause or allow the use of, any site for | ||||||
5 | which a land use limitation has been imposed under this Act in | ||||||
6 | a manner inconsistent with the land use limitation unless | ||||||
7 | further investigation or remedial action has been conducted | ||||||
8 | that documents the attainment of remedial objectives | ||||||
9 | appropriate for the new land use and a new closure letter has | ||||||
10 | been obtained from the Agency and recorded in the chain of | ||||||
11 | title for the site. For the purpose of this Section, the term | ||||||
12 | "land use limitation" shall include, but shall not be limited | ||||||
13 | to, institutional controls and engineered barriers imposed | ||||||
14 | under this Act and the regulations adopted under this Act. For | ||||||
15 | the purposes of this Section, the term "closure letter" shall | ||||||
16 | include, but shall not be limited to, No Further Remediation | ||||||
17 | Letters issued under Titles XVI and XVII of this Act and the | ||||||
18 | regulations adopted under those Titles.
| ||||||
19 | (Source: P.A. 94-272, eff. 7-19-05; 94-314, eff. 7-25-05.) | ||||||
20 | (415 ILCS 5/22.53)
| ||||||
21 | Sec. 22.53
22.50 . Computer Equipment Disposal and | ||||||
22 | Recycling Commission.
| ||||||
23 | (a) The General Assembly finds that improper disposal of | ||||||
24 | computer equipment
presents a serious environmental threat. |
| |||||||
| |||||||
1 | Computer equipment contains
quantities of lead, mercury, other | ||||||
2 | heavy metals, and plastics that, when
improperly disposed of, | ||||||
3 | can lead to environmental contamination.
| ||||||
4 | (b) There is hereby created the Computer Equipment Disposal | ||||||
5 | and Recycling
Commission consisting of 7 members appointed as | ||||||
6 | follows: 2 members appointed by
the Governor, one of whom shall | ||||||
7 | serve as Chairperson of the Commission;
one member appointed by | ||||||
8 | the Lieutenant Governor who shall serve as
vice-chairperson; | ||||||
9 | one member appointed by the Speaker of the House of
| ||||||
10 | Representatives; one member appointed by the Minority Leader of | ||||||
11 | the House of
Representatives; one member appointed by the | ||||||
12 | President of the Senate; and one
member appointed by the | ||||||
13 | Minority Leader of the Senate; all of whom shall serve
without | ||||||
14 | compensation. The Commission may accept and expend for its | ||||||
15 | purposes
any funds granted to the Commission by any agency of | ||||||
16 | State or federal
government or through private donation dealing | ||||||
17 | exclusively with computer
equipment disposal.
| ||||||
18 | (c) The Commission shall have all of the following | ||||||
19 | objectives:
| ||||||
20 | (1) To investigate problems and concerns related to the | ||||||
21 | disposal and
recycling of computer equipment.
| ||||||
22 | (2) To advise the General Assembly and State agencies | ||||||
23 | with respect to
legislative, regulatory, or other actions | ||||||
24 | within the area of computer equipment
disposal, and any | ||||||
25 | related subject matter (i.e. fax machines, printers, | ||||||
26 | etc.).
|
| |||||||
| |||||||
1 | (3) To make recommendations regarding the development | ||||||
2 | and establishment of
pilot programs and
ongoing programs | ||||||
3 | for the recycling and proper disposal of computer | ||||||
4 | equipment.
| ||||||
5 | (d) The Commission shall issue a report of its findings and | ||||||
6 | recommendations
in relation to the objectives listed in | ||||||
7 | subsection (c) of this Section to the
Governor, the General | ||||||
8 | Assembly, and the Director of the Environmental
Protection | ||||||
9 | Agency on or before May 31, 2006. In preparing its report, the | ||||||
10 | Commission shall seek input from and consult with business | ||||||
11 | organizations, trade organizations, trade associations, solid | ||||||
12 | waste agencies, and environmental organizations with expertise | ||||||
13 | in computer equipment disposal and recycling.
| ||||||
14 | (e) Beginning on May 31, 2007, the Commission shall | ||||||
15 | evaluate the
implementation
of programs by the State relating | ||||||
16 | to computer equipment disposal and
recycling, and shall issue a | ||||||
17 | report of its finding and recommendations to the
Governor, the | ||||||
18 | General Assembly, and the Director of the Environmental
| ||||||
19 | Protection Agency on or before December 31, 2008.
| ||||||
20 | (f) The Commission, upon issuing the report described in | ||||||
21 | subsection (e) of
this Section, is dissolved.
| ||||||
22 | (Source: P.A. 94-518, eff. 8-10-05; revised 9-22-05.)
| ||||||
23 | (415 ILCS 5/42) (from Ch. 111 1/2, par. 1042)
| ||||||
24 | Sec. 42. Civil penalties.
| ||||||
25 | (a) Except as provided in this Section, any person that |
| |||||||
| |||||||
1 | violates any
provision of this Act or any regulation adopted by | ||||||
2 | the Board, or any permit
or term or condition thereof, or that | ||||||
3 | violates any order of the Board pursuant
to this Act, shall be | ||||||
4 | liable for a civil penalty of not to exceed
$50,000 for the | ||||||
5 | violation and an additional civil penalty of not to exceed
| ||||||
6 | $10,000 for each day during which the violation continues; such | ||||||
7 | penalties may,
upon order of the Board or a court of competent | ||||||
8 | jurisdiction, be made payable
to the Environmental Protection | ||||||
9 | Trust Fund, to be used in accordance with the
provisions of the | ||||||
10 | Environmental Protection Trust Fund Act.
| ||||||
11 | (b) Notwithstanding the provisions of subsection (a) of | ||||||
12 | this Section:
| ||||||
13 | (1) Any person that violates Section 12(f) of this Act | ||||||
14 | or any
NPDES permit or term or condition thereof, or any | ||||||
15 | filing requirement,
regulation or order relating to the | ||||||
16 | NPDES permit program, shall be liable
to a civil penalty of | ||||||
17 | not to exceed $10,000 per day of violation.
| ||||||
18 | (2) Any person that violates Section 12(g) of this Act | ||||||
19 | or any UIC permit
or term or condition thereof, or any | ||||||
20 | filing requirement, regulation or order
relating to the | ||||||
21 | State UIC program for all wells, except Class II wells as
| ||||||
22 | defined by the Board under this Act, shall be liable to a | ||||||
23 | civil penalty
not to exceed $2,500 per day of violation; | ||||||
24 | provided, however, that any person
who commits such | ||||||
25 | violations relating to the State UIC program for Class
II | ||||||
26 | wells, as defined by the Board under this Act, shall be |
| |||||||
| |||||||
1 | liable to a civil
penalty of not to exceed $10,000 for the | ||||||
2 | violation and an additional civil
penalty of not to exceed | ||||||
3 | $1,000 for each day during which the violation
continues.
| ||||||
4 | (3) Any person that violates Sections 21(f), 21(g), | ||||||
5 | 21(h) or 21(i) of
this Act, or any RCRA permit or term or | ||||||
6 | condition thereof, or any filing
requirement, regulation | ||||||
7 | or order relating to the State RCRA program, shall
be | ||||||
8 | liable to a civil penalty of not to exceed $25,000 per day | ||||||
9 | of violation.
| ||||||
10 | (4)
In an administrative citation action under Section | ||||||
11 | 31.1 of this Act,
any person found to have violated any | ||||||
12 | provision of subsection (o) of
Section 21 of this Act shall | ||||||
13 | pay a civil penalty of $500 for each
violation of each such | ||||||
14 | provision, plus any hearing costs incurred by the Board
and | ||||||
15 | the Agency. Such penalties shall be made payable to the | ||||||
16 | Environmental
Protection Trust Fund, to be used in | ||||||
17 | accordance with the provisions of the
Environmental | ||||||
18 | Protection Trust Fund Act; except that if a unit of local
| ||||||
19 | government issued the administrative citation, 50% of the | ||||||
20 | civil penalty shall
be payable to the unit of local | ||||||
21 | government.
| ||||||
22 | (4-5) In an administrative citation action under | ||||||
23 | Section 31.1 of this
Act, any person found to have violated | ||||||
24 | any
provision of subsection (p) of
Section 21 of this Act | ||||||
25 | shall pay a civil penalty of $1,500 for each violation
of
| ||||||
26 | each such provision, plus any hearing costs incurred by the |
| |||||||
| |||||||
1 | Board and the
Agency, except that the civil penalty amount | ||||||
2 | shall be $3,000 for
each violation of any provision of | ||||||
3 | subsection (p) of Section 21 that is the
person's second or | ||||||
4 | subsequent adjudication violation of that
provision. The | ||||||
5 | penalties shall be deposited into the
Environmental | ||||||
6 | Protection Trust Fund, to be used in accordance with the
| ||||||
7 | provisions of the Environmental Protection Trust Fund Act; | ||||||
8 | except that if a
unit of local government issued the | ||||||
9 | administrative citation, 50% of the civil
penalty shall be | ||||||
10 | payable to the unit of local government.
| ||||||
11 | (5) Any person who violates subsection 6 of Section | ||||||
12 | 39.5 of this Act
or any CAAPP permit, or term or condition | ||||||
13 | thereof, or any fee or filing
requirement, or any duty to | ||||||
14 | allow or carry out inspection, entry or
monitoring | ||||||
15 | activities, or any regulation or order relating to the | ||||||
16 | CAAPP
shall be liable for a civil penalty not to exceed | ||||||
17 | $10,000 per day of violation.
| ||||||
18 | (b.5) In lieu of the penalties set forth in subsections (a) | ||||||
19 | and (b) of
this Section, any person who fails to file, in a | ||||||
20 | timely manner, toxic
chemical release forms with the Agency | ||||||
21 | pursuant to Section 25b-2
of this Act
shall be liable for a | ||||||
22 | civil penalty of $100 per day for
each day the forms are
late, | ||||||
23 | not to exceed a maximum total penalty of $6,000. This daily | ||||||
24 | penalty
shall begin accruing on the thirty-first day after the
| ||||||
25 | date that the person receives the warning notice issued by the | ||||||
26 | Agency pursuant
to Section 25b-6 of this Act; and the penalty |
| |||||||
| |||||||
1 | shall be paid to the Agency. The
daily accrual of penalties | ||||||
2 | shall cease as of January 1 of the following year.
All | ||||||
3 | penalties collected by the Agency pursuant to this subsection | ||||||
4 | shall be
deposited into the Environmental Protection Permit and | ||||||
5 | Inspection Fund.
| ||||||
6 | (c) Any person that violates this Act, any rule or | ||||||
7 | regulation adopted under
this Act, any permit or term or | ||||||
8 | condition of a permit, or any Board order and
causes the death | ||||||
9 | of fish
or aquatic life shall, in addition to the other | ||||||
10 | penalties provided by
this Act, be liable to pay to the State | ||||||
11 | an additional sum for the
reasonable value of the fish or | ||||||
12 | aquatic life destroyed. Any money so
recovered shall be placed | ||||||
13 | in the Wildlife and Fish Fund in the State
Treasury.
| ||||||
14 | (d) The penalties provided for in this Section may be | ||||||
15 | recovered in a
civil action.
| ||||||
16 | (e) The State's Attorney of the county in which the | ||||||
17 | violation
occurred, or the Attorney General, may, at the | ||||||
18 | request of the Agency or
on his own motion, institute a civil | ||||||
19 | action for an injunction, prohibitory or mandatory, to
restrain | ||||||
20 | violations of this Act, any rule or regulation adopted under | ||||||
21 | this Act,
any permit or term or condition of a permit, or any | ||||||
22 | Board order, or to require such other actions as may be | ||||||
23 | necessary to address violations of this Act, any rule or | ||||||
24 | regulation adopted under this Act, any permit or term or | ||||||
25 | condition of a permit, or any Board order.
| ||||||
26 | (f) The State's Attorney of the county in which the |
| |||||||
| |||||||
1 | violation
occurred, or the Attorney General, shall bring such | ||||||
2 | actions in the name
of the people of the State of Illinois.
| ||||||
3 | Without limiting any other authority which may exist for the | ||||||
4 | awarding
of attorney's fees and costs, the Board or a court of | ||||||
5 | competent
jurisdiction may award costs and reasonable | ||||||
6 | attorney's fees, including the
reasonable costs of expert | ||||||
7 | witnesses and consultants, to the State's
Attorney or the | ||||||
8 | Attorney General in a case where he has prevailed against a
| ||||||
9 | person who has committed a wilful, knowing or repeated | ||||||
10 | violation of this Act,
any rule or regulation adopted under | ||||||
11 | this Act, any permit or term or condition
of a permit, or any | ||||||
12 | Board order.
| ||||||
13 | Any funds collected under this subsection (f) in which the | ||||||
14 | Attorney
General has prevailed shall be deposited in the
| ||||||
15 | Hazardous Waste Fund created in Section 22.2 of this Act. Any | ||||||
16 | funds
collected under this subsection (f) in which a State's | ||||||
17 | Attorney has
prevailed shall be retained by the county in which | ||||||
18 | he serves.
| ||||||
19 | (g) All final orders imposing civil penalties pursuant to | ||||||
20 | this Section
shall prescribe the time for payment of such | ||||||
21 | penalties. If any such
penalty is not paid within the time | ||||||
22 | prescribed, interest on such penalty
at the rate set forth in | ||||||
23 | subsection (a) of Section 1003 of the Illinois Income
Tax Act, | ||||||
24 | shall be paid for the period from the date payment is due until | ||||||
25 | the
date payment is received. However, if the time for payment | ||||||
26 | is stayed during
the pendency of an appeal, interest shall not |
| |||||||
| |||||||
1 | accrue during such stay.
| ||||||
2 | (h) In determining the appropriate civil penalty to be | ||||||
3 | imposed under
subdivisions (a), (b)(1), (b)(2), (b)(3), or | ||||||
4 | (b)(5) of this
Section, the Board is authorized to consider any | ||||||
5 | matters of record in
mitigation or aggravation of penalty, | ||||||
6 | including but not limited to the
following factors:
| ||||||
7 | (1) the duration and gravity of the violation;
| ||||||
8 | (2) the presence or absence of due diligence on the | ||||||
9 | part of the
respondent in attempting to comply with | ||||||
10 | requirements of this
Act and regulations thereunder or to | ||||||
11 | secure relief therefrom as provided by
this Act;
| ||||||
12 | (3) any economic benefits accrued by the respondent
| ||||||
13 | because of delay in compliance with requirements, in which | ||||||
14 | case the economic
benefits shall be determined by the | ||||||
15 | lowest cost alternative for achieving
compliance;
| ||||||
16 | (4) the amount of monetary penalty which will serve to | ||||||
17 | deter further
violations by the respondent and to otherwise | ||||||
18 | aid in enhancing
voluntary
compliance with this Act by the | ||||||
19 | respondent and other persons
similarly
subject to the Act;
| ||||||
20 | (5) the number, proximity in time, and gravity of | ||||||
21 | previously
adjudicated violations of this Act by the | ||||||
22 | respondent;
| ||||||
23 | (6) whether the respondent voluntarily self-disclosed, | ||||||
24 | in accordance
with subsection (i) of this Section, the | ||||||
25 | non-compliance to the Agency; and
| ||||||
26 | (7) whether the respondent has agreed to undertake a |
| |||||||
| |||||||
1 | "supplemental
environmental project," which means an | ||||||
2 | environmentally beneficial project that
a respondent | ||||||
3 | agrees to undertake in settlement of an enforcement action | ||||||
4 | brought
under this Act, but which the respondent is not | ||||||
5 | otherwise legally required to
perform.
| ||||||
6 | In determining the appropriate civil penalty to be imposed | ||||||
7 | under subsection
(a) or paragraph (1), (2), (3), or (5) of | ||||||
8 | subsection (b) of this Section, the
Board shall ensure, in all | ||||||
9 | cases, that the penalty is at least as great as the
economic | ||||||
10 | benefits, if any, accrued by the respondent as a result of the
| ||||||
11 | violation, unless the Board finds that imposition of such | ||||||
12 | penalty would result
in an arbitrary or unreasonable financial | ||||||
13 | hardship. However, such civil
penalty
may be off-set in whole | ||||||
14 | or in part pursuant to a supplemental
environmental project | ||||||
15 | agreed to by the complainant and the respondent.
| ||||||
16 | (i) A person who voluntarily self-discloses non-compliance | ||||||
17 | to the Agency,
of which the Agency had been unaware, is | ||||||
18 | entitled to a 100% reduction in the
portion of the penalty that | ||||||
19 | is not based on the economic benefit of
non-compliance if the | ||||||
20 | person can
establish the following:
| ||||||
21 | (1) that the non-compliance was discovered through an | ||||||
22 | environmental
audit or a compliance management system | ||||||
23 | documented by the regulated entity as
reflecting the | ||||||
24 | regulated entity's due diligence in preventing, detecting, | ||||||
25 | and
correcting violations;
| ||||||
26 | (2) that the non-compliance was disclosed in writing |
| |||||||
| |||||||
1 | within 30 days of
the date on which the person discovered | ||||||
2 | it;
| ||||||
3 | (3) that the non-compliance was discovered and | ||||||
4 | disclosed prior to:
| ||||||
5 | (i) the commencement of an Agency inspection, | ||||||
6 | investigation, or request
for information;
| ||||||
7 | (ii) notice of a citizen suit;
| ||||||
8 | (iii) the filing of a complaint by a citizen, the | ||||||
9 | Illinois Attorney
General, or the State's Attorney of | ||||||
10 | the county in which the violation occurred;
| ||||||
11 | (iv) the reporting of the non-compliance by an | ||||||
12 | employee of the person
without that person's | ||||||
13 | knowledge; or
| ||||||
14 | (v) imminent discovery of the non-compliance by | ||||||
15 | the Agency;
| ||||||
16 | (4) that the non-compliance is being corrected and any | ||||||
17 | environmental
harm is being remediated in a timely fashion;
| ||||||
18 | (5) that the person agrees to prevent a recurrence of | ||||||
19 | the non-compliance;
| ||||||
20 | (6) that no related non-compliance events have | ||||||
21 | occurred in the
past 3 years at the same facility or in the | ||||||
22 | past 5 years as part of a
pattern at multiple facilities | ||||||
23 | owned or operated by the person;
| ||||||
24 | (7) that the non-compliance did not result in serious | ||||||
25 | actual
harm or present an imminent and substantial | ||||||
26 | endangerment to human
health or the environment or violate |
| |||||||
| |||||||
1 | the specific terms of any judicial or
administrative order | ||||||
2 | or consent agreement;
| ||||||
3 | (8) that the person cooperates as reasonably requested | ||||||
4 | by the Agency
after the disclosure; and
| ||||||
5 | (9) that the non-compliance was identified voluntarily | ||||||
6 | and not through a
monitoring, sampling, or auditing | ||||||
7 | procedure that is required by statute, rule,
permit, | ||||||
8 | judicial or administrative order, or consent agreement.
| ||||||
9 | If a person can establish all of the elements under this | ||||||
10 | subsection except
the element set forth in paragraph (1) of | ||||||
11 | this subsection, the person is
entitled to a 75% reduction in | ||||||
12 | the portion of the penalty that is not based
upon the economic | ||||||
13 | benefit of non-compliance.
| ||||||
14 | (j) In addition to an other remedy or penalty that may
| ||||||
15 | apply, whether civil or criminal, any person who violates | ||||||
16 | Section 22.52 of this Act shall be liable for an additional | ||||||
17 | civil penalty of up to 3 times the gross amount of any | ||||||
18 | pecuniary gain resulting from the violation.
| ||||||
19 | (Source: P.A. 93-152, eff. 7-10-03; 93-575, eff. 1-1-04; | ||||||
20 | 93-831, eff. 7-28-04; 94-272, eff. 7-19-05; 94-580, eff. | ||||||
21 | 8-12-05; revised 8-19-05.)
| ||||||
22 | (415 ILCS 5/55.8) (from Ch. 111 1/2, par. 1055.8)
| ||||||
23 | Sec. 55.8. Tire retailers.
| ||||||
24 | (a) Beginning July 1, 1992, Any person selling new or used | ||||||
25 | tires at
retail or offering new or used tires for retail sale |
| |||||||
| |||||||
1 | in this State shall:
| ||||||
2 | (1) beginning on June 20, 2003 (the effective date of | ||||||
3 | Public Act
93-32), collect from retail customers a fee of | ||||||
4 | $2 per new or
and used
tire sold and delivered in this | ||||||
5 | State , to be paid to the Department of
Revenue and | ||||||
6 | deposited into the Used Tire Management Fund, less a | ||||||
7 | collection
allowance of 10 cents per tire to be retained by | ||||||
8 | the retail seller and a
collection allowance of 10 cents | ||||||
9 | per tire to be retained by the Department of
Revenue and | ||||||
10 | paid into the General Revenue Fund;
| ||||||
11 | (1.5) beginning on July 1, 2003, collect from retail | ||||||
12 | customers an
additional 50 cents per new or used tire sold | ||||||
13 | and delivered in this State.
The money collected from this | ||||||
14 | fee shall be deposited into the Emergency Public
Health | ||||||
15 | Fund. This fee shall no longer be collected beginning on | ||||||
16 | January 1,
2008 ; .
| ||||||
17 | (2) accept for recycling used tires from customers, at | ||||||
18 | the point of
transfer, in a quantity equal to the number of | ||||||
19 | new tires purchased; and
| ||||||
20 | (3) post in a conspicuous place a written notice at | ||||||
21 | least 8.5 by 11
inches in size that includes the universal | ||||||
22 | recycling symbol and the
following statements: "DO NOT put | ||||||
23 | used tires in the trash.";
"Recycle your used tires."; and | ||||||
24 | "State law requires us to accept used tires
for recycling, | ||||||
25 | in exchange for new tires purchased.".
| ||||||
26 | (b) A person who accepts used tires for recycling under |
| |||||||
| |||||||
1 | subsection (a)
shall not allow the tires to accumulate for | ||||||
2 | periods of more than 90 days.
| ||||||
3 | (c) The requirements of subsection (a) of this Section do | ||||||
4 | not apply
to mail order sales nor shall the retail sale of a | ||||||
5 | motor vehicle be considered
to be the sale of tires at retail | ||||||
6 | or offering of tires for retail sale.
Instead of filing | ||||||
7 | returns, retailers of tires may remit the tire user fee of
| ||||||
8 | $1.00 per tire to their suppliers of tires if the supplier of | ||||||
9 | tires is a
registered retailer of tires and agrees or otherwise | ||||||
10 | arranges to collect
and remit the tire fee to the Department of | ||||||
11 | Revenue, notwithstanding the fact
that the sale of the tire is | ||||||
12 | a sale for resale and not a sale at retail. A
tire supplier who | ||||||
13 | enters into such an arrangement with a tire retailer shall
be | ||||||
14 | liable for the tax on all tires sold to the tire retailer and | ||||||
15 | must (i)
provide the tire retailer with a receipt that | ||||||
16 | separately reflects the tire
tax collected from the retailer on | ||||||
17 | each transaction and (ii) accept used tires
for recycling from | ||||||
18 | the retailer's customers. The tire supplier shall be
entitled | ||||||
19 | to the collection allowance of 10 cents per tire.
| ||||||
20 | The retailer of the tires must maintain in its books and | ||||||
21 | records evidence
that the appropriate fee was paid to the tire | ||||||
22 | supplier and that the tire
supplier has agreed to remit the fee | ||||||
23 | to the Department of Revenue for each tire
sold by the | ||||||
24 | retailer. Otherwise, the tire retailer shall be directly liable
| ||||||
25 | for the fee on all tires sold at retail. Tire retailers paying | ||||||
26 | the fee to
their suppliers are not entitled to the collection |
| |||||||
| |||||||
1 | allowance of 10 cents per
tire.
| ||||||
2 | (d) The requirements of subsection (a) of this Section | ||||||
3 | shall apply
exclusively to tires to be used for vehicles | ||||||
4 | defined in Section 1-217 of
the Illinois Vehicle Code, aircraft | ||||||
5 | tires, special mobile equipment, and
implements of husbandry.
| ||||||
6 | (e) The requirements of paragraph (1) of subsection (a) do | ||||||
7 | not
apply to the sale of reprocessed tires. For purposes of | ||||||
8 | this Section,
"reprocessed tire" means a used tire that has | ||||||
9 | been recapped, retreaded,
or regrooved and that has not been | ||||||
10 | placed on a vehicle wheel rim.
| ||||||
11 | (Source: P.A. 93-32, eff. 6-20-03; 93-52, eff. 6-30-03; revised | ||||||
12 | 10-13-03.)
| ||||||
13 | (415 ILCS 5/57.7)
| ||||||
14 | Sec. 57.7. Leaking underground storage tanks; site | ||||||
15 | investigation and
corrective action.
| ||||||
16 | (a) Site investigation.
| ||||||
17 | (1) For any site investigation activities required by | ||||||
18 | statute or rule,
the owner or operator shall submit to the | ||||||
19 | Agency for approval a site
investigation plan designed to | ||||||
20 | determine the nature, concentration, direction
of | ||||||
21 | movement, rate of movement, and extent of the contamination | ||||||
22 | as well as the
significant physical features of the site | ||||||
23 | and surrounding area that may affect
contaminant transport | ||||||
24 | and risk to human health and safety and the environment.
| ||||||
25 | (2) Any owner or operator intending to seek payment |
| |||||||
| |||||||
1 | from the Fund shall
submit to the Agency for approval a | ||||||
2 | site investigation budget that includes,
but is not limited | ||||||
3 | to, an accounting of all costs associated with the
| ||||||
4 | implementation and completion of the site investigation | ||||||
5 | plan.
| ||||||
6 | (3) Remediation objectives for the applicable | ||||||
7 | indicator contaminants
shall be determined using the | ||||||
8 | tiered approach to corrective action objectives
rules | ||||||
9 | adopted by the Board pursuant to this Title and Title XVII | ||||||
10 | of this Act.
For the purposes of this Title, "Contaminant | ||||||
11 | of Concern" or "Regulated
Substance of Concern" in the | ||||||
12 | rules means the applicable indicator contaminants
set | ||||||
13 | forth in subsection (d) of this Section and the rules | ||||||
14 | adopted thereunder.
| ||||||
15 | (4) Upon the Agency's approval of a site investigation | ||||||
16 | plan, or as
otherwise directed by the Agency, the owner or | ||||||
17 | operator shall conduct a site
investigation in accordance | ||||||
18 | with the plan.
| ||||||
19 | (5) Within 30 days after completing the site | ||||||
20 | investigation, the owner
or operator shall submit to the | ||||||
21 | Agency for approval a site investigation
completion | ||||||
22 | report. At a minimum the report shall include all of the | ||||||
23 | following:
| ||||||
24 | (A) Executive summary.
| ||||||
25 | (B) Site history.
| ||||||
26 | (C) Site-specific sampling methods and results.
|
| |||||||
| |||||||
1 | (D) Documentation of all field activities, | ||||||
2 | including quality assurance.
| ||||||
3 | (E) Documentation regarding the development of | ||||||
4 | proposed remediation
objectives.
| ||||||
5 | (F) Interpretation of results.
| ||||||
6 | (G) Conclusions.
| ||||||
7 | (b) Corrective action.
| ||||||
8 | (1) If the site investigation confirms none of the | ||||||
9 | applicable indicator
contaminants exceed the proposed | ||||||
10 | remediation objectives, within 30 days after
completing | ||||||
11 | the site investigation the owner or operator shall submit | ||||||
12 | to the
Agency for approval a corrective action completion | ||||||
13 | report in accordance with
this Section.
| ||||||
14 | (2) If any of the applicable indicator contaminants | ||||||
15 | exceed the
remediation objectives approved for the site, | ||||||
16 | within 30 days after the Agency
approves the site | ||||||
17 | investigation completion report the owner or operator | ||||||
18 | shall
submit to the Agency for approval a corrective action | ||||||
19 | plan designed to mitigate
any threat to human health, human | ||||||
20 | safety, or the environment resulting from the
underground | ||||||
21 | storage tank release. The plan shall describe the selected | ||||||
22 | remedy
and evaluate its ability and effectiveness to | ||||||
23 | achieve the remediation
objectives approved for the site. | ||||||
24 | At a minimum, the report shall include all
of the | ||||||
25 | following:
| ||||||
26 | (A) Executive summary.
|
| |||||||
| |||||||
1 | (B) Statement of remediation objectives.
| ||||||
2 | (C) Remedial technologies selected.
| ||||||
3 | (D) Confirmation sampling plan.
| ||||||
4 | (E) Current and projected future use of the | ||||||
5 | property.
| ||||||
6 | (F) Applicable preventive, engineering, and | ||||||
7 | institutional controls
including long-term | ||||||
8 | reliability, operating, and maintenance plans, and
| ||||||
9 | monitoring procedures.
| ||||||
10 | (G) A schedule for implementation and completion | ||||||
11 | of the plan.
| ||||||
12 | (3) Any owner or operator intending to seek payment | ||||||
13 | from the Fund shall
submit to the Agency for approval a | ||||||
14 | corrective action budget that includes,
but is not limited | ||||||
15 | to, an accounting of all costs associated with the
| ||||||
16 | implementation and completion of the corrective action | ||||||
17 | plan.
| ||||||
18 | (4) Upon the Agency's approval of a corrective action | ||||||
19 | plan, or as
otherwise directed by the Agency, the owner or | ||||||
20 | operator shall proceed with
corrective action in | ||||||
21 | accordance with the plan.
| ||||||
22 | (5) Within 30 days after the completion of a corrective | ||||||
23 | action plan that
achieves applicable remediation | ||||||
24 | objectives the owner or operator shall submit
to the Agency | ||||||
25 | for approval a corrective action completion report. The | ||||||
26 | report
shall demonstrate whether corrective action was |
| |||||||
| |||||||
1 | completed in accordance with
the approved corrective | ||||||
2 | action plan and whether the remediation objectives
| ||||||
3 | approved for the site, as well as any other requirements of | ||||||
4 | the plan, have
been achieved.
| ||||||
5 | (6) If within 4 years after the approval of any | ||||||
6 | corrective action plan
the applicable remediation | ||||||
7 | objectives have not been achieved and the owner or
operator | ||||||
8 | has not submitted a corrective action completion report, | ||||||
9 | the owner or
operator must submit a status report for | ||||||
10 | Agency review. The status report must
include, but is not | ||||||
11 | limited to, a description of the remediation activities
| ||||||
12 | taken to date, the effectiveness of the method of | ||||||
13 | remediation being used, the
likelihood of meeting the | ||||||
14 | applicable remediation objectives using the current
method | ||||||
15 | of remediation, and the date the applicable remediation | ||||||
16 | objectives are
expected to be achieved.
| ||||||
17 | (7) If the Agency determines any approved corrective | ||||||
18 | action plan will
not achieve applicable remediation | ||||||
19 | objectives within a reasonable time, based
upon the method | ||||||
20 | of remediation and site specific circumstances, the Agency | ||||||
21 | may
require the owner or operator to submit to the Agency | ||||||
22 | for approval a revised
corrective action plan. If the owner | ||||||
23 | or operator intends to seek payment from
the Fund, the | ||||||
24 | owner or operator must also submit a revised budget.
| ||||||
25 | or Licensed Professional Geologist
or Licensed Professional | ||||||
26 | Geologist
or Licensed Professional Geologist
or Licensed |
| |||||||
| |||||||
1 | Professional Geologist
or Licensed Professional Geologist
or | ||||||
2 | Licensed Professional Geologist
or Licensed Professional | ||||||
3 | Geologist
or Licensed Professional Geologist
or Licensed | ||||||
4 | Professional Geologist
or Licensed Professional Geologist
| ||||||
5 | (c) Agency review and approval.
| ||||||
6 | (1) Agency approval of any plan and associated budget, | ||||||
7 | as described in
this subsection (c), shall be considered | ||||||
8 | final approval for purposes of
seeking and obtaining | ||||||
9 | payment from the Underground Storage Tank Fund if the
costs | ||||||
10 | associated with the completion of any such plan are less | ||||||
11 | than or equal
to the amounts approved in such budget.
| ||||||
12 | (2) In the event the Agency fails to approve, | ||||||
13 | disapprove, or modify any
plan or report submitted pursuant | ||||||
14 | to this Title in writing within 120 days
of the receipt by | ||||||
15 | the Agency, the plan or report shall be considered to be
| ||||||
16 | rejected by operation of law for purposes of this Title and | ||||||
17 | rejected for
purposes of payment from the Underground | ||||||
18 | Storage Tank Fund.
| ||||||
19 | (A) For purposes of those plans as identified in | ||||||
20 | paragraph (5) of this
subsection (c), the Agency's | ||||||
21 | review may be an audit procedure. Such review or
audit | ||||||
22 | shall be consistent with the procedure for such review | ||||||
23 | or audit as
promulgated by the Board under Section | ||||||
24 | 57.14. The Agency has the authority to
establish an | ||||||
25 | auditing program to verify compliance of such plans | ||||||
26 | with the
provisions of this Title.
|
| |||||||
| |||||||
1 | (B) For purposes of corrective action plans | ||||||
2 | submitted pursuant to
subsection (b) of this Section | ||||||
3 | for which payment from the Fund is not being
sought, | ||||||
4 | the Agency need not take action on such plan until 120 | ||||||
5 | days after it
receives the corrective action | ||||||
6 | completion report required under subsection (b)
of | ||||||
7 | this Section. In the event the Agency approved the | ||||||
8 | plan, it shall proceed
under the provisions of this | ||||||
9 | subsection (c).
| ||||||
10 | (3) In approving any plan submitted pursuant to | ||||||
11 | subsection (a) or (b)
of this Section, the Agency shall | ||||||
12 | determine, by a procedure promulgated by
the Board under | ||||||
13 | Section 57.14, that the costs associated with the plan are
| ||||||
14 | reasonable, will be incurred in the performance of site | ||||||
15 | investigation or
corrective action, and will not be used | ||||||
16 | for site investigation or corrective
action activities in | ||||||
17 | excess of those required to meet the minimum requirements
| ||||||
18 | of this Title.
| ||||||
19 | (4) For any plan or report received after June 24,
| ||||||
20 | September 13,
2002, any action by the Agency to disapprove | ||||||
21 | or modify a plan submitted
pursuant to this Title shall be | ||||||
22 | provided to the owner or operator in writing
within 120 | ||||||
23 | days of the receipt by the Agency or, in the case of a site
| ||||||
24 | investigation plan or corrective action plan for which | ||||||
25 | payment is not being
sought, within 120 days of receipt of | ||||||
26 | the site investigation completion report
or corrective |
| |||||||
| |||||||
1 | action completion report, respectively, and shall be | ||||||
2 | accompanied
by:
| ||||||
3 | (A) an explanation of the Sections of this Act | ||||||
4 | which may be violated
if the plans were approved;
| ||||||
5 | (B) an explanation of the provisions of the | ||||||
6 | regulations, promulgated
under this Act, which may be | ||||||
7 | violated if the plan were approved;
| ||||||
8 | (C) an explanation of the specific type of | ||||||
9 | information, if any,
which the Agency deems the | ||||||
10 | applicant did not provide the Agency; and
| ||||||
11 | (D) a statement of specific reasons why the Act and | ||||||
12 | the regulations
might not be met if the plan were | ||||||
13 | approved.
| ||||||
14 | Any action by the Agency to disapprove or modify a plan | ||||||
15 | or report or
the rejection of any plan or report by | ||||||
16 | operation of law shall be subject
to appeal to the Board in | ||||||
17 | accordance with the procedures of Section 40. If
the owner | ||||||
18 | or operator elects to incorporate modifications required | ||||||
19 | by the
Agency rather than appeal, an amended plan shall be | ||||||
20 | submitted to the Agency
within 35 days of receipt of the | ||||||
21 | Agency's written notification.
| ||||||
22 | (5) For purposes of this Title, the term "plan" shall | ||||||
23 | include:
| ||||||
24 | (A) Any site investigation plan submitted pursuant | ||||||
25 | to subsection (a)
of this Section;
| ||||||
26 | (B) Any site investigation budget submitted |
| |||||||
| |||||||
1 | pursuant to subsection (a)
of this Section;
| ||||||
2 | (C) Any corrective action plan submitted pursuant | ||||||
3 | to
subsection (b) of this Section; or
| ||||||
4 | (D) Any corrective action plan budget submitted | ||||||
5 | pursuant to
subsection (b) of this Section.
| ||||||
6 | (d) For purposes of this Title, the term "indicator | ||||||
7 | contaminant" shall
mean, unless and until the Board promulgates | ||||||
8 | regulations to the contrary, the
following: (i) if an | ||||||
9 | underground storage tank contains gasoline, the indicator
| ||||||
10 | parameter shall be BTEX and Benzene; (ii) if the tank contained | ||||||
11 | petroleum
products consisting of middle distillate or heavy | ||||||
12 | ends, then the indicator
parameter shall be determined by a | ||||||
13 | scan of PNA's taken from the location where
contamination is | ||||||
14 | most likely to be present; and (iii) if the tank contained
used | ||||||
15 | oil, then the indicator contaminant shall be those chemical | ||||||
16 | constituents
which indicate the type of petroleum stored in an | ||||||
17 | underground storage tank.
All references in this Title to | ||||||
18 | groundwater objectives shall mean Class I
groundwater | ||||||
19 | standards or objectives as applicable.
| ||||||
20 | (e) (1) Notwithstanding the provisions of this Section, an | ||||||
21 | owner or
operator may proceed to conduct site investigation | ||||||
22 | or corrective action prior
to the submittal or approval of | ||||||
23 | an otherwise required plan. If the owner or
operator elects | ||||||
24 | to so proceed, an applicable plan shall be filed with the
| ||||||
25 | Agency at any time. Such plan shall detail the steps taken | ||||||
26 | to determine the
type of site investigation or corrective |
| |||||||
| |||||||
1 | action which was necessary at the site
along with the site | ||||||
2 | investigation or corrective action taken or to be taken, in
| ||||||
3 | addition to costs associated with activities to date and | ||||||
4 | anticipated costs.
| ||||||
5 | (2) Upon receipt of a plan submitted after activities | ||||||
6 | have commenced at a
site, the Agency shall proceed to | ||||||
7 | review in the same manner as required under
this Title. In | ||||||
8 | the event the Agency disapproves all or part of the costs, | ||||||
9 | the
owner or operator may appeal such decision to the | ||||||
10 | Board. The owner or operator
shall not be eligible to be | ||||||
11 | reimbursed for such disapproved costs unless and
until the | ||||||
12 | Board determines that such costs were eligible for
payment.
| ||||||
13 | (f) All investigations, plans, and reports conducted or | ||||||
14 | prepared under
this Section shall be conducted or prepared | ||||||
15 | under the supervision of a
licensed professional engineer and | ||||||
16 | in accordance with the requirements
of this Title.
| ||||||
17 | (Source: P.A. 92-554, eff. 6-24-02; 92-574, eff. 6-26-02; | ||||||
18 | 92-651, eff.
7-11-02; 92-735, eff. 7-25-02; revised 10-3-02.)
| ||||||
19 | (415 ILCS 5/57.8)
| ||||||
20 | Sec. 57.8. Underground Storage Tank Fund; payment; options | ||||||
21 | for State payment;
deferred correction election to commence | ||||||
22 | corrective action upon availability of
funds. If an owner or | ||||||
23 | operator is eligible to access the Underground Storage
Tank | ||||||
24 | Fund pursuant to an Office of State Fire Marshal | ||||||
25 | eligibility/deductible
final determination letter issued in |
| |||||||
| |||||||
1 | accordance with Section 57.9, the owner or
operator may submit | ||||||
2 | a complete application for final or partial payment to the
| ||||||
3 | Agency for activities taken in response to a confirmed release. | ||||||
4 | An owner or
operator may submit a request for partial or final | ||||||
5 | payment regarding a site no
more frequently than once every 90 | ||||||
6 | days.
| ||||||
7 | (a) Payment after completion of corrective action | ||||||
8 | measures.
The owner or operator may submit an application for | ||||||
9 | payment for
activities performed at a site after completion of | ||||||
10 | the requirements of Sections
57.6 and 57.7, or after completion | ||||||
11 | of any other required activities at the
underground storage | ||||||
12 | tank site.
| ||||||
13 | (1) In the case of any approved plan and budget for | ||||||
14 | which payment is
being sought, the Agency shall make a | ||||||
15 | payment determination within 120 days of
receipt of the | ||||||
16 | application. Such determination shall be considered a | ||||||
17 | final
decision. The Agency's review shall be limited to | ||||||
18 | generally accepted auditing
and accounting practices. In | ||||||
19 | no case shall the Agency conduct additional
review of any | ||||||
20 | plan which was completed within the budget, beyond auditing | ||||||
21 | for
adherence to the corrective action measures in the | ||||||
22 | proposal. If the Agency
fails to approve the payment | ||||||
23 | application within 120 days, such application
shall be | ||||||
24 | deemed approved by operation of law and the Agency shall | ||||||
25 | proceed to
reimburse the owner or operator the amount | ||||||
26 | requested in the payment
application. However, in no event |
| |||||||
| |||||||
1 | shall the Agency reimburse the owner or
operator an amount | ||||||
2 | greater than the amount approved in the plan.
| ||||||
3 | (2) If sufficient funds are available in the | ||||||
4 | Underground Storage Tank
Fund, the Agency shall, within 60 | ||||||
5 | days, forward to the Office of the State
Comptroller a | ||||||
6 | voucher in the amount approved under the payment | ||||||
7 | application.
| ||||||
8 | (3) In the case of insufficient funds, the Agency shall | ||||||
9 | form a priority
list for payment and shall notify
persons | ||||||
10 | in such
priority list monthly of the availability of funds | ||||||
11 | and when payment shall be
made. Payment shall be made to | ||||||
12 | the owner or operator at such time as
sufficient funds | ||||||
13 | become available for the costs associated with site
| ||||||
14 | investigation and corrective
action and costs expended for | ||||||
15 | activities performed where no proposal is
required, if | ||||||
16 | applicable. Such priority list shall be available to any | ||||||
17 | owner or
operator upon request. Priority for payment shall | ||||||
18 | be determined by the date the
Agency receives a complete | ||||||
19 | request for partial or final payment. Upon receipt
of | ||||||
20 | notification from the Agency that the requirements of this | ||||||
21 | Title have been
met, the Comptroller shall make payment to | ||||||
22 | the owner or operator of the amount
approved by the Agency, | ||||||
23 | if sufficient money exists in the Fund. If there is
| ||||||
24 | insufficient money in the Fund, then payment shall not be | ||||||
25 | made. If the owner
or operator appeals a final Agency | ||||||
26 | payment determination and it is determined
that the owner |
| |||||||
| |||||||
1 | or operator is eligible for payment or additional payment, | ||||||
2 | the
priority date for the payment or additional payment | ||||||
3 | shall be the same as the
priority date assigned to the | ||||||
4 | original request for partial or final payment.
| ||||||
5 | (4) Any deductible, as determined pursuant to the | ||||||
6 | Office of the State Fire
Marshal's eligibility and | ||||||
7 | deductibility final determination in accordance with
| ||||||
8 | Section 57.9, shall be subtracted from any payment invoice | ||||||
9 | paid to an eligible
owner or operator. Only one deductible | ||||||
10 | shall apply per underground storage
tank site.
| ||||||
11 | (5) In the event that costs are or will be incurred in | ||||||
12 | addition to those
approved by the Agency, or after payment, | ||||||
13 | the owner or operator may submit
successive plans | ||||||
14 | containing amended budgets. The requirements of Section | ||||||
15 | 57.7
shall apply to any amended plans.
| ||||||
16 | (6) For purposes of this Section, a complete | ||||||
17 | application shall consist of:
| ||||||
18 | (A) A certification from a Licensed Professional | ||||||
19 | Engineer or Licensed
Professional Geologist as | ||||||
20 | required
under this Title and acknowledged by the owner | ||||||
21 | or operator.
| ||||||
22 | (B) A statement of the amounts approved in the | ||||||
23 | budget and the amounts
actually sought for payment | ||||||
24 | along with a certified statement by the owner or
| ||||||
25 | operator that the amounts so
sought were expended in | ||||||
26 | conformance with the approved budget.
|
| |||||||
| |||||||
1 | (C) A copy of the Office of the State Fire | ||||||
2 | Marshal's eligibility and
deductibility determination.
| ||||||
3 | (D) Proof that approval of the payment requested | ||||||
4 | will not result in the
limitations set forth in | ||||||
5 | subsection (g) of this Section being exceeded.
| ||||||
6 | (E) A federal taxpayer identification number and | ||||||
7 | legal status disclosure
certification on a form | ||||||
8 | prescribed and provided by the Agency.
| ||||||
9 | (b) Commencement of site investigation or corrective | ||||||
10 | action upon
availability of funds.
The Board shall adopt | ||||||
11 | regulations setting forth procedures based on risk to
human | ||||||
12 | health or the environment under which the owner or operator who | ||||||
13 | has
received approval for any budget plan submitted pursuant to | ||||||
14 | Section
57.7, and who is eligible for payment from the | ||||||
15 | Underground Storage Tank Fund
pursuant to an Office of the | ||||||
16 | State Fire Marshal eligibility and deductibility
| ||||||
17 | determination, may elect to defer site investigation or | ||||||
18 | corrective action activities until funds are available
in
an | ||||||
19 | amount equal to the amount approved in the budget. The | ||||||
20 | regulations
shall establish criteria based on risk to human | ||||||
21 | health or the environment to be
used for determining on a | ||||||
22 | site-by-site basis whether deferral is appropriate.
The | ||||||
23 | regulations also shall establish the minimum investigatory | ||||||
24 | requirements for
determining whether the risk based criteria | ||||||
25 | are present at a site considering
deferral and procedures for | ||||||
26 | the notification of owners or operators of
insufficient funds, |
| |||||||
| |||||||
1 | Agency review of request for deferral, notification of
Agency | ||||||
2 | final decisions, returning deferred sites to active status, and
| ||||||
3 | earmarking of funds for payment.
| ||||||
4 | (c) When the owner or operator requests indemnification for | ||||||
5 | payment of costs
incurred as a result of a release of petroleum | ||||||
6 | from an underground storage
tank, if the owner or operator has | ||||||
7 | satisfied the requirements of subsection (a)
of this Section, | ||||||
8 | the Agency shall forward a copy of the request to the Attorney
| ||||||
9 | General. The Attorney General shall review and approve the | ||||||
10 | request for
indemnification if:
| ||||||
11 | (1) there is a legally enforceable judgment entered | ||||||
12 | against the owner or
operator and such judgment was entered | ||||||
13 | due to harm caused by a release of
petroleum from an | ||||||
14 | underground storage tank and such judgment was not entered | ||||||
15 | as
a result of fraud; or
| ||||||
16 | (2) a settlement with a third party due to a release of | ||||||
17 | petroleum from an
underground storage tank is reasonable.
| ||||||
18 | (d) Notwithstanding any other provision of this Title, the | ||||||
19 | Agency shall not
approve payment to an owner or operator from | ||||||
20 | the Fund for costs of corrective
action or indemnification | ||||||
21 | incurred during a calendar year in excess of the
following | ||||||
22 | aggregate amounts based on the number of petroleum underground
| ||||||
23 | storage tanks owned or operated by such owner or operator in | ||||||
24 | Illinois.
| ||||||
25 | Amount Number of Tanks
| ||||||
26 | $2,000,000 ........................fewer than 101
|
| |||||||
| |||||||
1 | $3,000,000 ................................101 or more
| ||||||
2 | (1) Costs incurred in excess of the aggregate amounts | ||||||
3 | set forth in
paragraph (1) of this subsection shall not be | ||||||
4 | eligible for payment in
subsequent years.
| ||||||
5 | (2) For purposes of this subsection, requests | ||||||
6 | submitted by any of the
agencies, departments, boards, | ||||||
7 | committees or commissions of the State of
Illinois shall be | ||||||
8 | acted upon as claims from a single owner or operator.
| ||||||
9 | (3) For purposes of this subsection, owner or operator | ||||||
10 | includes (i) any
subsidiary, parent, or joint stock company | ||||||
11 | of the owner or operator and (ii)
any company owned by any | ||||||
12 | parent, subsidiary, or joint stock company of the
owner or | ||||||
13 | operator.
| ||||||
14 | (e) Costs of corrective action or indemnification incurred | ||||||
15 | by an owner or
operator which have been paid to an owner or | ||||||
16 | operator under a policy of
insurance, another written | ||||||
17 | agreement, or a court order are not eligible for
payment under | ||||||
18 | this Section. An owner or operator who receives payment under a
| ||||||
19 | policy of insurance, another written agreement, or a court | ||||||
20 | order shall
reimburse the State to the extent such payment | ||||||
21 | covers costs for which payment
was received from the Fund. Any | ||||||
22 | monies received by the State under this
subsection (e) shall be | ||||||
23 | deposited into the Fund.
| ||||||
24 | (f) (Blank.)
| ||||||
25 | (g) The Agency shall not approve any payment from the Fund | ||||||
26 | to pay an owner
or operator:
|
| |||||||
| |||||||
1 | (1) for costs of corrective action incurred by such | ||||||
2 | owner or operator
in an
amount in excess of $1,500,000 per | ||||||
3 | occurrence; and
| ||||||
4 | (2) for costs of indemnification of such owner or | ||||||
5 | operator in an amount in
excess of $1,500,000 per | ||||||
6 | occurrence.
| ||||||
7 | (h) Payment of any amount from the Fund for corrective | ||||||
8 | action or
indemnification shall be subject to the State | ||||||
9 | acquiring by subrogation the
rights of any owner, operator, or | ||||||
10 | other person to recover the costs of
corrective action or | ||||||
11 | indemnification for which the Fund has compensated such
owner, | ||||||
12 | operator, or person from the person responsible or liable for | ||||||
13 | the
release.
| ||||||
14 | (i) If the Agency refuses to pay or authorizes only
a | ||||||
15 | partial payment, the affected owner or operator may petition | ||||||
16 | the Board for a
hearing in the manner provided for the review | ||||||
17 | of permit decisions in Section 40
of this Act.
| ||||||
18 | (j) Costs of corrective action or indemnification incurred | ||||||
19 | by an owner or
operator prior to July 28, 1989, shall not be | ||||||
20 | eligible for payment or
reimbursement under this Section.
| ||||||
21 | (k) The Agency shall not pay costs of corrective action or
| ||||||
22 | indemnification incurred before providing notification of the | ||||||
23 | release of
petroleum in accordance with the provisions of this | ||||||
24 | Title.
| ||||||
25 | (l) Corrective action does not include legal defense costs. | ||||||
26 | Legal defense
costs include legal costs for seeking payment |
| |||||||
| |||||||
1 | under this Title unless the owner
or operator prevails before | ||||||
2 | the Board in which case the Board may authorize
payment of | ||||||
3 | legal fees.
| ||||||
4 | (m) The Agency may apportion payment of costs for plans | ||||||
5 | submitted under
Section 57.7 if:
| ||||||
6 | (1) the owner or operator was deemed eligible to access | ||||||
7 | the Fund for
payment of corrective action costs for some, | ||||||
8 | but not all, of the underground
storage tanks at the site; | ||||||
9 | and
| ||||||
10 | (2) the owner or operator failed to justify all costs | ||||||
11 | attributable to each
underground storage tank at the site.
| ||||||
12 | (n) The Agency shall not pay costs associated with a | ||||||
13 | corrective action
plan incurred after the Agency provides
| ||||||
14 | notification to the owner or operator pursuant to item (7) of | ||||||
15 | subsection (b) of
Section 57.7 that a revised corrective action | ||||||
16 | plan
is required. Costs associated with any subsequently | ||||||
17 | approved corrective action
plan shall be eligible for | ||||||
18 | reimbursement if they
meet the requirements of this Title.
| ||||||
19 | (Source: P.A. 91-357, eff. 7-29-99; 92-554, eff. 6-24-02; | ||||||
20 | 92-574, eff.
6-26-02; 92-735, eff. 7-25-02; revised 10-3-02.)
| ||||||
21 | (415 ILCS 5/57.13)
| ||||||
22 | Sec. 57.13. Underground Storage Tank Program; transition.
| ||||||
23 | (a) If a release is reported to the proper State authority | ||||||
24 | on or after
June 24
September 13 , 2002, the owner or operator | ||||||
25 | shall comply with
the requirements of this Title.
|
| |||||||
| |||||||
1 | (b) If a release is reported to the proper State authority | ||||||
2 | prior to
June 24
September 13 , 2002, the
owner or operator of | ||||||
3 | an underground storage tank may elect to proceed in
accordance | ||||||
4 | with the requirements of this Title by submitting a written
| ||||||
5 | statement to the Agency of such election. If the owner or | ||||||
6 | operator elects to
proceed under the requirements of this Title | ||||||
7 | all costs incurred in connection
with the incident prior to | ||||||
8 | notification shall be reimbursable in the same
manner as was | ||||||
9 | allowable under the then existing law. Completion of corrective
| ||||||
10 | action shall then follow the provisions of this Title.
| ||||||
11 | (Source: P.A. 92-554, eff. 6-24-02; 92-574, eff. 6-26-02; | ||||||
12 | revised
9-9-02.)
| ||||||
13 | (415 ILCS 5/58.3)
| ||||||
14 | Sec. 58.3. Site Investigation and Remedial Activities | ||||||
15 | Program; Brownfields
Redevelopment Fund. | ||||||
16 | (a) The General Assembly hereby establishes by this Title a | ||||||
17 | Site
Investigation and
Remedial Activities Program for sites | ||||||
18 | subject to this Title. This program
shall be administered by | ||||||
19 | the Illinois Environmental Protection Agency under
this Title | ||||||
20 | XVII and rules adopted by the Illinois Pollution Control Board.
| ||||||
21 | (b) (1) The General Assembly hereby creates within the | ||||||
22 | State Treasury a
special fund to be known as the | ||||||
23 | Brownfields Redevelopment Fund, consisting of
2 programs | ||||||
24 | to be known as the "Municipal Brownfields Redevelopment | ||||||
25 | Grant
Program" and
the "Brownfields Redevelopment Loan |
| |||||||
| |||||||
1 | Program", which shall be
used and administered by the | ||||||
2 | Agency as provided in Sections
58.13 and 58.15 of this Act
| ||||||
3 | and the rules adopted under those Sections. The
Brownfields | ||||||
4 | Redevelopment Fund
("Fund") shall contain moneys | ||||||
5 | transferred from the Response
Contractors Indemnification | ||||||
6 | Fund and other moneys made available
for deposit into the | ||||||
7 | Fund.
| ||||||
8 | (2) The State Treasurer, ex officio, shall be the | ||||||
9 | custodian of the Fund,
and the Comptroller shall direct | ||||||
10 | payments from the Fund upon vouchers properly
certified by | ||||||
11 | the Agency. The Treasurer shall credit to the Fund interest
| ||||||
12 | earned on moneys contained in the Fund. The Agency shall | ||||||
13 | have the authority
to accept, receive, and administer on | ||||||
14 | behalf of the State any grants, gifts,
loans, | ||||||
15 | reimbursements or payments for services, or other moneys | ||||||
16 | made available
to the State from any source for purposes of | ||||||
17 | the Fund. Those moneys shall be
deposited into the Fund, | ||||||
18 | unless otherwise required by the Environmental
Protection | ||||||
19 | Act or by federal law.
| ||||||
20 | (3) Pursuant to appropriation, all moneys in the Fund | ||||||
21 | shall be used by the
Agency for the purposes set forth in | ||||||
22 | subdivision (b)(4) of this Section and
Sections 58.13 and | ||||||
23 | 58.15 of this Act and to cover the
Agency's costs of | ||||||
24 | program development and administration under those
| ||||||
25 | Sections.
| ||||||
26 | (4) The Agency shall have the power to enter into |
| |||||||
| |||||||
1 | intergovernmental
agreements with the federal government | ||||||
2 | or the State, or any instrumentality
thereof, for purposes | ||||||
3 | of capitalizing the Brownfields Redevelopment Fund.
Moneys | ||||||
4 | on deposit in the Brownfields Redevelopment Fund may be | ||||||
5 | used for the
creation of reserve funds or pledged funds | ||||||
6 | that secure the obligations of
repayment of loans made | ||||||
7 | pursuant to Section 58.15 of this Act. For the purpose
of | ||||||
8 | obtaining capital for deposit into the Brownfields | ||||||
9 | Redevelopment Fund, the
Agency may also enter into | ||||||
10 | agreements with financial institutions and other
persons | ||||||
11 | for the purpose of selling loans and developing a secondary | ||||||
12 | market for
such loans. The Agency shall have the power to | ||||||
13 | create and establish such
reserve funds and accounts as may | ||||||
14 | be necessary or desirable to accomplish its
purposes under | ||||||
15 | this subsection and to allocate its available moneys into | ||||||
16 | such
funds and accounts. Investment earnings on moneys held | ||||||
17 | in the Brownfields
Redevelopment Fund, including any | ||||||
18 | reserve fund or pledged fund, shall be
deposited into the | ||||||
19 | Brownfields Redevelopment Fund.
| ||||||
20 | (5) The Agency is authorized to administer funds made | ||||||
21 | available to
the Agency under federal law, including but | ||||||
22 | not limited to the Small Business
Liability Relief and | ||||||
23 | Brownfields Revitalization
Revitilization Act of 2002 , | ||||||
24 | related to brownfields
cleanup and reuse in accordance with | ||||||
25 | that law and this Title.
| ||||||
26 | (Source: P.A. 91-36, eff. 6-15-99; 92-486, eff. 1-1-02; 92-715, |
| |||||||
| |||||||
1 | eff.
7-23-02; revised 10-17-05.)
| ||||||
2 | (415 ILCS 5/58.7)
| ||||||
3 | Sec. 58.7. Review and approvals.
| ||||||
4 | (a) Requirements. All plans and reports that are submitted | ||||||
5 | pursuant
to this Title shall be submitted for review or | ||||||
6 | approval in accordance with this
Section.
| ||||||
7 | (b) Review and evaluation by the Agency.
| ||||||
8 | (1) Except for sites excluded under subdivision (a) (2) | ||||||
9 | of Section 58.1,
the Agency shall, subject to available | ||||||
10 | resources, agree to provide review and
evaluation services | ||||||
11 | for activities carried out pursuant to this Title for which
| ||||||
12 | the RA requested the services in writing. As a condition | ||||||
13 | for providing such
services, the Agency may require that | ||||||
14 | the RA for a site:
| ||||||
15 | (A) Conform with the procedures of this Title;
| ||||||
16 | (B) Allow for or otherwise arrange site visits or | ||||||
17 | other site
evaluation by the Agency when so requested;
| ||||||
18 | (C) Agree to perform the Remedial Action Plan as | ||||||
19 | approved under this
Title;
| ||||||
20 | (D) Agree to pay any reasonable costs incurred and | ||||||
21 | documented by
the Agency in providing such services;
| ||||||
22 | (E) Make an advance partial payment to the Agency | ||||||
23 | for such
anticipated services in an amount, acceptable | ||||||
24 | to the Agency, but
not to exceed $5,000 or one-half of | ||||||
25 | the total anticipated costs of
the Agency, whichever |
| |||||||
| |||||||
1 | sum is less; and
| ||||||
2 | (F) Demonstrate, if necessary, authority to act on | ||||||
3 | behalf of or in lieu
of the owner or operator.
| ||||||
4 | (2) Any moneys received by the State for costs incurred | ||||||
5 | by the
Agency in performing review or evaluation services | ||||||
6 | for actions conducted
pursuant to this Title shall be | ||||||
7 | deposited in the Hazardous Waste Fund.
| ||||||
8 | (3) An RA requesting services under subdivision (b) (1) | ||||||
9 | of this Section
may, at any time, notify the Agency, in | ||||||
10 | writing, that Agency services
previously requested are no | ||||||
11 | longer wanted. Within 180 days after receipt of
the notice, | ||||||
12 | the Agency shall provide the RA with a final invoice for | ||||||
13 | services
provided until the date of such notifications.
| ||||||
14 | (4) The Agency may invoice or otherwise request or | ||||||
15 | demand payment
from a RA for costs incurred by the Agency | ||||||
16 | in performing review or evaluation
services for actions by | ||||||
17 | the RA at sites only if:
| ||||||
18 | (A) The Agency has incurred costs in performing | ||||||
19 | response actions,
other than review or evaluation | ||||||
20 | services, due to the failure of the
RA to take response | ||||||
21 | action in accordance with a notice issued
pursuant to | ||||||
22 | this Act;
| ||||||
23 | (B) The RA has agreed in writing to the payment of | ||||||
24 | such costs;
| ||||||
25 | (C) The RA has been ordered to pay such costs by | ||||||
26 | the Board or a
court of competent jurisdiction pursuant |
| |||||||
| |||||||
1 | to this Act; or
| ||||||
2 | (D) The RA has requested or has consented to Agency | ||||||
3 | review or
evaluation services under subdivision (b) | ||||||
4 | (1) of this Section.
| ||||||
5 | (5) The Agency may, subject to available resources, | ||||||
6 | agree to provide
review and evaluation services for | ||||||
7 | response actions if there is a
written agreement among | ||||||
8 | parties to a legal action or if a notice to
perform a | ||||||
9 | response action has been issued by the Agency.
| ||||||
10 | (c) Review and evaluation by a Licensed Professional | ||||||
11 | Engineer or Licensed
Professional Geologist. A RA may elect to | ||||||
12 | contract with a Licensed
Professional Engineer or, in the case | ||||||
13 | of a site investigation report only,
a Licensed Professional | ||||||
14 | Geologist, who will perform review and evaluation
services on | ||||||
15 | behalf of and under the direction of the Agency relative to the
| ||||||
16 | site activities.
| ||||||
17 | (1) Prior to entering into the contract with the | ||||||
18 | RELPEG, the RA shall notify the Agency of the
RELPEG to be | ||||||
19 | selected. The Agency and the RA shall discuss the potential
| ||||||
20 | terms
of the contract.
| ||||||
21 | (2) At a minimum, the contract with the RELPEG shall
| ||||||
22 | provide that the
RELPEG will submit any reports directly to | ||||||
23 | the Agency, will take
his or her
directions
for work | ||||||
24 | assignments from the Agency, and will perform the assigned | ||||||
25 | work on
behalf of the Agency.
| ||||||
26 | (3) Reasonable costs incurred by the Agency shall be |
| |||||||
| |||||||
1 | paid by the RA
directly to the Agency in accordance with | ||||||
2 | the terms of the review and
evaluation services agreement | ||||||
3 | entered into under subdivision (b) (1) of Section
58.7.
| ||||||
4 | (4) In no event shall the RELPEG acting on behalf of | ||||||
5 | the
Agency be an
employee of the RA or the owner or | ||||||
6 | operator of the site or be an employee of
any other person | ||||||
7 | the RA has contracted to provide services relative to the
| ||||||
8 | site.
| ||||||
9 | (d) Review and approval. All reviews required under this | ||||||
10 | Title shall
be carried out by the Agency or a RELPEG, both | ||||||
11 | under the
direction of a Licensed Professional Engineer or, in | ||||||
12 | the case of the
review of a site investigation only, a Licensed | ||||||
13 | Professional Geologist.
| ||||||
14 | (1) All review activities conducted by the Agency or a | ||||||
15 | RELPEG shall be carried out in conformance with this Title | ||||||
16 | and rules
promulgated under Section 58.11.
| ||||||
17 | (2) Subject to the limitations in subsection (c) and | ||||||
18 | this subsection
(d), the specific plans, reports, and | ||||||
19 | activities that the
Agency or a RELPEG may review include:
| ||||||
20 | (A) Site Investigation Reports and related | ||||||
21 | activities;
| ||||||
22 | (B) Remediation Objectives Reports;
| ||||||
23 | (C) Remedial Action Plans and related activities; | ||||||
24 | and
| ||||||
25 | (D) Remedial Action Completion Reports and related | ||||||
26 | activities.
|
| |||||||
| |||||||
1 | (3) Only the Agency shall have the authority to | ||||||
2 | approve,
disapprove, or approve with conditions a plan or | ||||||
3 | report as a result of the
review process including those | ||||||
4 | plans and reports reviewed by a RELPEG. If the Agency | ||||||
5 | disapproves a plan or report or approves a plan or
report | ||||||
6 | with conditions, the written notification required by | ||||||
7 | subdivision (d)
(4) of this Section shall contain the | ||||||
8 | following information, as applicable:
| ||||||
9 | (A) An explanation of the Sections of this Title | ||||||
10 | that may be
violated if the plan or report was | ||||||
11 | approved;
| ||||||
12 | (B) An explanation of the provisions of the rules
| ||||||
13 | promulgated under this Title that may be violated if | ||||||
14 | the plan or report was
approved;
| ||||||
15 | (C) An explanation of the specific type of | ||||||
16 | information, if any,
that the Agency deems the | ||||||
17 | applicant did not provide the Agency;
| ||||||
18 | (D) A statement of specific reasons why the Title | ||||||
19 | and regulations
might not be met if the plan or report | ||||||
20 | were approved; and
| ||||||
21 | (E) An explanation of the reasons for conditions if | ||||||
22 | conditions are
required.
| ||||||
23 | (4) Upon approving, disapproving, or approving with | ||||||
24 | conditions a
plan or report, the Agency shall notify the RA | ||||||
25 | in writing of its decision. In
the case of approval or | ||||||
26 | approval with conditions of a Remedial Action
Completion |
| |||||||
| |||||||
1 | Report, the Agency shall prepare a No Further Remediation
| ||||||
2 | Letter that meets the requirements of Section 58.10 and | ||||||
3 | send a copy of
the letter to the RA.
| ||||||
4 | (5) All reviews undertaken by the Agency or a RELPEG | ||||||
5 | shall
be completed and
the decisions communicated to the RA | ||||||
6 | within 60 days of the request for review
or approval. The | ||||||
7 | RA may waive the deadline upon a request from the Agency. | ||||||
8 | If
the Agency disapproves or approves with conditions a | ||||||
9 | plan or report or fails to
issue a final decision within | ||||||
10 | the 60 day period and the RA has not agreed to a
waiver of | ||||||
11 | the deadline, the RA may, within 35 days, file an appeal to | ||||||
12 | the
Board. Appeals to the Board shall be in the manner
| ||||||
13 | provided for the review of permit decisions in Section 40 | ||||||
14 | of this Act.
| ||||||
15 | (e) Standard of review. In making determinations, the | ||||||
16 | following
factors, and additional factors as may be adopted by | ||||||
17 | the Board in accordance
with Section 58.11, shall be considered | ||||||
18 | by the Agency when reviewing or
approving plans, reports, and | ||||||
19 | related activities, or the RELPEG,
when reviewing plans, | ||||||
20 | reports, and related activities:
| ||||||
21 | (1) Site Investigation Reports and related activities: | ||||||
22 | Whether
investigations have been conducted and the results | ||||||
23 | compiled in accordance with
the appropriate procedures and | ||||||
24 | whether the interpretations and conclusions
reached are | ||||||
25 | supported by the information gathered. In making the
| ||||||
26 | determination, the following factors shall be considered:
|
| |||||||
| |||||||
1 | (A) The adequacy of the description of the site and | ||||||
2 | site
characteristics that were used to evaluate the | ||||||
3 | site;
| ||||||
4 | (B) The adequacy of the investigation of potential | ||||||
5 | pathways and risks to
receptors identified at the site; | ||||||
6 | and
| ||||||
7 | (C) The appropriateness of the sampling and | ||||||
8 | analysis used.
| ||||||
9 | (2) Remediation Objectives Reports: Whether the | ||||||
10 | remediation objectives
are
consistent with the | ||||||
11 | requirements of the applicable method for selecting or
| ||||||
12 | determining remediation objectives under Section 58.5. In | ||||||
13 | making the
determination, the following factors shall be | ||||||
14 | considered:
| ||||||
15 | (A) If the objectives were based on the | ||||||
16 | determination of area
background levels under | ||||||
17 | subsection (b) of Section 58.5, whether the review of
| ||||||
18 | current and historic conditions at or in the immediate | ||||||
19 | vicinity of
the site has been thorough and whether the | ||||||
20 | site sampling and
analysis has been performed in a | ||||||
21 | manner resulting in accurate
determinations;
| ||||||
22 | (B) If the objectives were calculated on the basis | ||||||
23 | of predetermined
equations using site specific data, | ||||||
24 | whether the calculations were
accurately performed and | ||||||
25 | whether the site specific data reflect
actual site | ||||||
26 | conditions; and
|
| |||||||
| |||||||
1 | (C) If the objectives were determined using a site | ||||||
2 | specific risk
assessment procedure, whether the | ||||||
3 | procedure used is nationally
recognized and accepted, | ||||||
4 | whether the calculations were
accurately performed, | ||||||
5 | and whether the site specific data reflect
actual site | ||||||
6 | conditions.
| ||||||
7 | (3) Remedial Action Plans and related activities: | ||||||
8 | Whether the plan will
result in compliance with this Title, | ||||||
9 | and rules adopted under it and
attainment of the applicable | ||||||
10 | remediation objectives. In making the
determination, the | ||||||
11 | following factors shall be considered:
| ||||||
12 | (A) The likelihood that the plan will result in the | ||||||
13 | attainment of
the applicable remediation objectives;
| ||||||
14 | (B) Whether the activities proposed are consistent | ||||||
15 | with generally
accepted engineering practices; and
| ||||||
16 | (C) The management of risk relative to any | ||||||
17 | remaining contamination,
including but not limited to, | ||||||
18 | provisions for the long-term enforcement,
operation, | ||||||
19 | and maintenance of institutional and engineering | ||||||
20 | controls, if
relied on.
| ||||||
21 | (4) Remedial Action Completion Reports and related | ||||||
22 | activities: Whether
the remedial activities have been | ||||||
23 | completed in accordance with the approved
Remedial Action | ||||||
24 | Plan and whether the applicable remediation objectives | ||||||
25 | have
been attained.
| ||||||
26 | (f) All plans and reports submitted for review shall |
| |||||||
| |||||||
1 | include a Licensed
Professional Engineer's certification that | ||||||
2 | all investigations and remedial
activities were carried out | ||||||
3 | under his or her direction and, to the best of
his or her | ||||||
4 | knowledge and belief, the work described in the plan or report | ||||||
5 | has
been completed in accordance with generally accepted | ||||||
6 | engineering practices,
and the information presented is | ||||||
7 | accurate and complete.
In the case of
a site investigation | ||||||
8 | report prepared or supervised by a Licensed Professional
| ||||||
9 | Geologist, the required certification may be made by the | ||||||
10 | Licensed Professional
Geologist (rather than a Licensed | ||||||
11 | Professional Engineer) and based upon
generally accepted | ||||||
12 | principles of professional geology.
| ||||||
13 | (g) In accordance with Section 58.11, the Agency shall | ||||||
14 | propose and the
Board shall adopt rules to carry out the | ||||||
15 | purposes of this Section. At a
minimum, the rules shall detail | ||||||
16 | the types of services the Agency may provide
in response to | ||||||
17 | requests under subdivision (b) (1) of this Section and the
| ||||||
18 | recordkeeping it will utilize in documenting to the RA the | ||||||
19 | costs incurred by
the Agency in providing such services.
| ||||||
20 | (h) Public participation.
| ||||||
21 | (1) The Agency shall develop guidance to assist RA's in | ||||||
22 | the
implementation of a community relations plan to address | ||||||
23 | activity at sites
undergoing remedial action pursuant to | ||||||
24 | this Title.
| ||||||
25 | (2) The RA may elect to enter into a services agreement | ||||||
26 | with the Agency
for Agency assistance in community outreach |
| |||||||
| |||||||
1 | efforts.
| ||||||
2 | (3) The Agency shall maintain a registry listing those | ||||||
3 | sites
undergoing remedial action pursuant to this Title.
| ||||||
4 | (4) Notwithstanding any provisions of this Section, | ||||||
5 | the RA of a site
undergoing remedial activity pursuant to | ||||||
6 | this Title may elect to initiate a
community outreach | ||||||
7 | effort for the site.
| ||||||
8 | (Source: P.A. 92-574, eff. 6-26-02; 92-735, eff. 7-25-02; | ||||||
9 | revised 9-9-02.)
| ||||||
10 | Section 955. The Burn Injury Reporting Act is amended by | ||||||
11 | adding Section 900 as follows:
| ||||||
12 | (425 ILCS 7/900 new)
| ||||||
13 | (Section scheduled to be repealed on January 1, 2009) | ||||||
14 | Sec. 900. Expiration. This Act is repealed on January 1, | ||||||
15 | 2009.
| ||||||
16 | Section 960. The Fireworks Use Act is amended by changing | ||||||
17 | Sections 1 and 5 as follows:
| ||||||
18 | (425 ILCS 35/1) (from Ch. 127 1/2, par. 127)
| ||||||
19 | Sec. 1. Definitions. As used in this Act, the following | ||||||
20 | words shall have the following meanings: | ||||||
21 | "1.3G fireworks" means those fireworks used for | ||||||
22 | professional outdoor displays and classified as fireworks |
| |||||||
| |||||||
1 | UN0333, UN0334, or UN0335 by the United States Department of | ||||||
2 | Transportation under 49 C.F.R. 172.101. | ||||||
3 | "Consumer distributor" means any person who distributes, | ||||||
4 | offers for sale, sells, or exchanges for consideration consumer | ||||||
5 | fireworks in Illinois to another distributor or directly to any | ||||||
6 | retailer or person for resale. | ||||||
7 | "Consumer fireworks" means those fireworks that must | ||||||
8 | comply with the construction, chemical composition, and | ||||||
9 | labeling regulations of the U.S. Consumer Products Safety | ||||||
10 | Commission, as set forth in 16 C.F.R. Parts 1500 and 1507, and | ||||||
11 | classified as fireworks UN0336 or UN0337 by the United States | ||||||
12 | Department of Transportation under 49 C.F.R. 172.101. | ||||||
13 | "Consumer fireworks"
shall not include snake or glow worm | ||||||
14 | pellets; smoke devices; trick noisemakers
known as "party | ||||||
15 | poppers", "booby traps", "snappers", "trick matches", | ||||||
16 | "cigarette
loads", and "auto burglar alarms"; sparklers; toy | ||||||
17 | pistols, toy
canes, toy guns, or other devices in
which paper | ||||||
18 | or plastic caps containing twenty-five hundredths grains or
| ||||||
19 | less of explosive compound are used, provided they are so | ||||||
20 | constructed that
the hand cannot come in contact with the cap | ||||||
21 | when in place for the
explosion; and toy pistol paper or | ||||||
22 | plastic caps that contain less than
twenty hundredths grains of | ||||||
23 | explosive mixture; the sale and use of which
shall be permitted | ||||||
24 | at all times. | ||||||
25 | "Consumer fireworks display" or "consumer display" means | ||||||
26 | the detonation, ignition, or deflagration of consumer |
| |||||||
| |||||||
1 | fireworks to produce a visual or audible effect. | ||||||
2 | "Consumer operator" means an adult individual who is | ||||||
3 | responsible for the safety, setup, and discharge of the | ||||||
4 | consumer fireworks display and who has completed the training | ||||||
5 | required in Section 2.2 of this Act. | ||||||
6 | "Consumer retailer" means any person who offers for sale, | ||||||
7 | sells, or exchanges for consideration consumer fireworks in | ||||||
8 | Illinois directly to any person with a consumer display permit. | ||||||
9 | "Display fireworks" means 1.3G or special effects | ||||||
10 | fireworks or as further defined in the Pyrotechnic Distributor | ||||||
11 | and Operator Licensing Act. | ||||||
12 | "Flame effect" means the detonation, ignition, or | ||||||
13 | deflagration of flammable gases, liquids, or special materials | ||||||
14 | to produce a thermal, physical, visual, or audible effect | ||||||
15 | before the public, invitees, or licensees, regardless of | ||||||
16 | whether admission is charged, in accordance with National Fire | ||||||
17 | Protection Association 160 guidelines, and as may be further | ||||||
18 | defined in the Pyrotechnic Distributor and Operator Licensing | ||||||
19 | Act. | ||||||
20 | "Lead pyrotechnic operator" means an individual who is | ||||||
21 | responsible for the safety, setup, and discharge of the | ||||||
22 | pyrotechnic display and who is licensed pursuant to the | ||||||
23 | Pyrotechnic Distributor and Operator Licensing Act. | ||||||
24 | "Person" means an individual, firm, corporation, | ||||||
25 | association, partnership, company, consortium, joint venture, | ||||||
26 | or commercial entity.
|
| |||||||
| |||||||
1 | "Pyrotechnic display" means the detonation, ignition, or | ||||||
2 | deflagration of display fireworks or flame effects to produce | ||||||
3 | visual or audible effects of a exhibitional nature before the | ||||||
4 | public, invitees, or licensees, regardless of whether | ||||||
5 | admission is charged, and as may be further defined in the | ||||||
6 | Pyrotechnic Distributor and Operator Licensing Act. | ||||||
7 | "Special effects fireworks" means pyrotechnic devices used | ||||||
8 | for special effects by professionals in the performing arts in | ||||||
9 | conjunction with theatrical, musical, or other productions
| ||||||
10 | that are similar to consumer fireworks in chemical compositions
| ||||||
11 | and construction, but are not intended for consumer use and are
| ||||||
12 | not labeled as such or identified as "intended for indoor use".
| ||||||
13 | "Special effects fireworks" are classified as fireworks UN0431
| ||||||
14 | or UN0432 by the United States Department of Transportation
| ||||||
15 | under 49 C.F.R. 172.101.
| ||||||
16 | (Source: P.A. 94-658, eff. 1-1-06; revised 11-21-05.)
| ||||||
17 | (425 ILCS 35/5) (from Ch. 127 1/2, par. 131)
| ||||||
18 | Sec. 5. (a) Any person, firm, co-partnership, or | ||||||
19 | corporation violating
the provisions of this Act shall
be | ||||||
20 | guilty of a Class A
misdemeanor.
| ||||||
21 | (Source: P.A. 94-658, eff. 1-1-06; revised 9-21-05.)
| ||||||
22 | Section 965. The Public Building Egress Act is amended by | ||||||
23 | changing Section 1.5 as follows: |
| |||||||
| |||||||
1 | (425 ILCS 55/1.5)
| ||||||
2 | Sec. 1.5. Stairwell door access. | ||||||
3 | (a) Stairwell enclosures in buildings greater than 4 | ||||||
4 | stories shall comply with one of the following requirements: | ||||||
5 | (1) no stairwell enclosure door shall be locked at any | ||||||
6 | time in order to provide re-entry from the stair enclosure | ||||||
7 | to the interior of the building; or | ||||||
8 | (2) stairwell enclosure doors that are locked shall be | ||||||
9 | equipped with an electronic lock release system that is | ||||||
10 | activated upon loss of power, manually by a single switch | ||||||
11 | accessible to building management or firefighting | ||||||
12 | personnel, and automatically by activation of the | ||||||
13 | building's fire alarm system. | ||||||
14 | A telephone or other two-way communications system | ||||||
15 | connected to an approved constantly attended location shall be | ||||||
16 | provided on not less than every fifth floor in each stairway | ||||||
17 | where the doors to the stairway are locked. If this option is | ||||||
18 | selected, the building must comply with these requirements by | ||||||
19 | January 1, 2006. | ||||||
20 | (b) Regardless of which option is selected under subsection | ||||||
21 | (a) of this Section, stairwell enclosure doors at the main | ||||||
22 | egress level of the building shall remain unlocked from the | ||||||
23 | stairwell enclosure side at all times. | ||||||
24 | (c) Building owners that select the option under paragraph | ||||||
25 | (2) of subsection (a) of this Section must comply with the | ||||||
26 | following requirements during the time necessary to install a |
| |||||||
| |||||||
1 | lock release system and the two-way communication system: | ||||||
2 | (1) re-entry into the building interior shall be | ||||||
3 | possible at all times on the highest story or second | ||||||
4 | highest story, whichever allows access to another exit | ||||||
5 | stair; | ||||||
6 | (2) there shall not be more than 4 stories intervening | ||||||
7 | between stairwell enclosure doors that provides access to | ||||||
8 | another exit stair; | ||||||
9 | (3) doors allowing re-entry shall be identified as such | ||||||
10 | on the stair side of the door; | ||||||
11 | (4) doors not allowing re-entry shall be provided with | ||||||
12 | a sign on the stair side indicating the location of the | ||||||
13 | nearest exit, in each direction of travel that allows | ||||||
14 | re-entry; and | ||||||
15 | (5) the information required to be posted on the door | ||||||
16 | under paragraphs (3) and (4) of this subsection (c), shall | ||||||
17 | be posted at eye level and at the bottom of the door. | ||||||
18 | (d) Nothing in this Section applies to any stairwell | ||||||
19 | enclosure door that opens directly into a dwelling unit, | ||||||
20 | provided the dwelling unit door has a self-closer, latch, and | ||||||
21 | no self-locking hardware. Where all doors in the stairwell meet | ||||||
22 | these criteria, the stairwell shall be provided with either a | ||||||
23 | two-way communication system or readily operable windows on | ||||||
24 | each landing or intermediate landing. | ||||||
25 | (e) Except as otherwise provided in subsection (f)
(e) , a | ||||||
26 | home rule unit may not regulate stairwell door access in a |
| |||||||
| |||||||
1 | manner less restrictive than the regulation by the State of | ||||||
2 | stairwell door access under this Act. This subsection (e) is a | ||||||
3 | limitation under subsection (i) of Section 6 of Article VII of | ||||||
4 | the Illinois Constitution on the concurrent exercise by home | ||||||
5 | rule units of powers and functions exercised by the State. | ||||||
6 | (f)
(e) This Section does not apply in a home rule | ||||||
7 | municipality that, on or before January 1, 2005, has passed an | ||||||
8 | ordinance regulating building access from stairwell enclosures | ||||||
9 | in buildings that are more than 4 stories in height.
| ||||||
10 | (Source: P.A. 94-630, eff. 1-1-06; revised 10-11-05.) | ||||||
11 | Section 970. The Gasoline Storage Act is amended by | ||||||
12 | changing Section 2 as follows:
| ||||||
13 | (430 ILCS 15/2) (from Ch. 127 1/2, par. 154)
| ||||||
14 | Sec. 2. Jurisdiction; regulation of tanks.
| ||||||
15 | (1) (a) Except as otherwise provided in this Act, the | ||||||
16 | jurisdiction of the
Office of the State Fire Marshal under this | ||||||
17 | Act shall be concurrent with that
of municipalities and other | ||||||
18 | political subdivisions. The Office of the State
Fire Marshal | ||||||
19 | has power to promulgate, pursuant to the Illinois | ||||||
20 | Administrative
Procedure Act, reasonable rules and regulations | ||||||
21 | governing the keeping, storage,
transportation, sale or use of | ||||||
22 | gasoline and volatile oils. Nothing in this Act
shall relieve | ||||||
23 | any person,
corporation, or other entity from complying with | ||||||
24 | any zoning ordinance of a
municipality or home rule unit |
| |||||||
| |||||||
1 | enacted pursuant to
Section 11-13-1 of the Illinois Municipal | ||||||
2 | Code or any ordinance enacted
pursuant to Section 11-8-4 of the | ||||||
3 | Illinois Municipal Code.
| ||||||
4 | (b) The rulemaking power shall include the power to | ||||||
5 | promulgate rules
providing for the issuance and revocation of | ||||||
6 | permits allowing the self
service dispensing of motor fuels as | ||||||
7 | such term is defined in the Motor
Fuel Tax Law in retail | ||||||
8 | service stations or any other place of business
where motor | ||||||
9 | fuels are dispensed into the fuel tanks of motor vehicles,
| ||||||
10 | internal combustion engines or portable containers. Such rules | ||||||
11 | shall
specify the requirements that must be met both prior and | ||||||
12 | subsequent to the
issuance of such permits in order to insure | ||||||
13 | the safety and welfare of the
general public. The operation of | ||||||
14 | such service stations without a permit
shall be unlawful. The | ||||||
15 | Office of the State Fire Marshal shall revoke such
permit if | ||||||
16 | the self service operation of such a service station is found | ||||||
17 | to
pose a significant risk to the safety and welfare of the | ||||||
18 | general public.
| ||||||
19 | (c) However, except in any county with a population of | ||||||
20 | 1,000,000 or
more, the Office of the State Fire Marshal shall | ||||||
21 | not have the
authority to prohibit the operation of a service | ||||||
22 | station solely on the
basis that it is an unattended | ||||||
23 | self-service station which utilizes key or
card operated | ||||||
24 | self-service motor fuel dispensing devices. Nothing
in this | ||||||
25 | paragraph shall prohibit the Office of the State Fire Marshal | ||||||
26 | from
adopting reasonable rules and regulations governing the |
| |||||||
| |||||||
1 | safety of
self-service motor fuel dispensing devices.
| ||||||
2 | (d) The State Fire Marshal shall not prohibit the | ||||||
3 | dispensing or delivery
of flammable or combustible motor | ||||||
4 | vehicle fuels directly into the fuel tanks
of vehicles from | ||||||
5 | tank trucks, tank wagons, or other portable tanks. The
State | ||||||
6 | Fire Marshal shall adopt rules (i) for the issuance of permits | ||||||
7 | for the
dispensing of motor vehicle fuels in the manner | ||||||
8 | described in this paragraph
(d), (ii) that establish fees for | ||||||
9 | permits and inspections, and provide
for those fees to be | ||||||
10 | deposited into the Fire Prevention Fund,
(iii) that require the | ||||||
11 | dispensing of motor fuel in the manner described
in this | ||||||
12 | paragraph (d) to meet conditions consistent with nationally | ||||||
13 | recognized
standards such as those of the National Fire | ||||||
14 | Protection Association, and (iv)
that restrict the dispensing | ||||||
15 | of motor vehicle fuels in the manner described in
this | ||||||
16 | paragraph (d) to the following:
| ||||||
17 | (A) agriculture sites for agricultural purposes,
| ||||||
18 | (B) construction sites for refueling construction | ||||||
19 | equipment used at the
construction site,
| ||||||
20 | (C) sites used for the parking, operation, or | ||||||
21 | maintenance of a commercial
vehicle fleet, but only if the | ||||||
22 | site is located in a county with 3,000,000 or
more | ||||||
23 | inhabitants or a county contiguous to a county with | ||||||
24 | 3,000,000 or more
inhabitants and the site is not normally | ||||||
25 | accessible to the public, and
| ||||||
26 | (D) sites used for the refueling of police, fire, or |
| |||||||
| |||||||
1 | emergency medical
services vehicles or other vehicles that | ||||||
2 | are owned, leased, or operated by
(or operated under | ||||||
3 | contract with) the State, a unit of local government, or
a | ||||||
4 | school district, or any agency of the State and that are | ||||||
5 | not normally
accessible to the public.
| ||||||
6 | (2) (a) The Office of the State Fire Marshal shall adopt | ||||||
7 | rules and
regulations regarding underground storage tanks and | ||||||
8 | associated piping and
no municipality or other political | ||||||
9 | subdivision shall adopt or enforce any
ordinances or | ||||||
10 | regulations regarding such underground tanks and piping other
| ||||||
11 | than those which are identical to the rules and regulations of | ||||||
12 | the Office
of the State Fire Marshal. It is declared to be the | ||||||
13 | law of this State,
pursuant to paragraphs (h) and (i) of | ||||||
14 | Section 6 of Article VII of the
Illinois Constitution, that the | ||||||
15 | establishment and enforcement of standards
regarding | ||||||
16 | underground storage tanks and associated piping within the
| ||||||
17 | jurisdiction of the Office of the State Fire Marshal is an | ||||||
18 | exclusive State
function which may not be exercised | ||||||
19 | concurrently by a home rule unit except as
expressly permitted | ||||||
20 | in this Act.
| ||||||
21 | (b) The Office of the State Fire Marshal may enter into | ||||||
22 | written contracts
with municipalities of over 500,000 in | ||||||
23 | population to enforce the rules and
regulations adopted under | ||||||
24 | this subsection.
| ||||||
25 | (3) (a) The Office of the State Fire Marshal shall have | ||||||
26 | authority over
underground storage tanks which contain, have |
| |||||||
| |||||||
1 | contained, or are designed to
contain petroleum, hazardous | ||||||
2 | substances and regulated substances as those
terms are used in | ||||||
3 | Subtitle I of the Hazardous and Solid Waste Amendments of
1984 | ||||||
4 | (P.L. 98-616), as amended by the Superfund Amendments and
| ||||||
5 | Reauthorization Act of 1986 (P.L. 99-499). The Office shall | ||||||
6 | have the
power with regard to underground storage tanks to | ||||||
7 | require any person who
tests, installs, repairs, replaces, | ||||||
8 | relines, or removes any underground storage
tank system | ||||||
9 | containing, formerly containing, or which is designed to | ||||||
10 | contain
petroleum or other regulated substances, to obtain a | ||||||
11 | permit to install, repair,
replace, reline, or remove the | ||||||
12 | particular tank system, and to pay a fee set by
the Office for | ||||||
13 | a permit to install, repair, replace, reline, upgrade, test, or
| ||||||
14 | remove any portion of an underground storage tank system. All | ||||||
15 | persons who do
repairs above grade level for themselves need | ||||||
16 | not pay a fee or be certified.
All fees received by the Office | ||||||
17 | from certification and permits shall be
deposited in the Fire | ||||||
18 | Prevention Fund for the exclusive use of the Office in
| ||||||
19 | administering the Underground Storage Tank program.
| ||||||
20 | (b) (i) Within 120 days after the promulgation of | ||||||
21 | regulations
or amendments thereto by the Administrator of the | ||||||
22 | United States Environmental
Protection Agency to implement | ||||||
23 | Section 9003 of Subtitle I of the Hazardous and
Solid Waste | ||||||
24 | Amendments of 1984 (P.L. 98-616) of the Resource Conservation | ||||||
25 | and
Recovery Act of 1976 (P.L. 94-580
95-580 ), as amended, the | ||||||
26 | Office of
the State Fire Marshal shall adopt regulations or |
| |||||||
| |||||||
1 | amendments thereto which
are identical in substance. The | ||||||
2 | rulemaking provisions of Section 5-35 of the
Illinois | ||||||
3 | Administrative Procedure Act shall not apply to regulations or
| ||||||
4 | amendments thereto adopted pursuant to this subparagraph (i).
| ||||||
5 | (ii) The Office of the State Fire Marshal may adopt | ||||||
6 | additional
regulations relating to an underground storage tank | ||||||
7 | program that are not
inconsistent with and at least as | ||||||
8 | stringent as Section 9003 of Subtitle I
of the Hazardous and | ||||||
9 | Solid Waste Amendments of 1984 (P.L. 98-616) of the
Resource | ||||||
10 | Conservation and Recovery Act of 1976 (P.L. 94-580), as | ||||||
11 | amended,
or regulations adopted thereunder. Except as provided | ||||||
12 | otherwise in
subparagraph (i) of this paragraph (b), the Office | ||||||
13 | of the State Fire
Marshal shall not adopt regulations relating | ||||||
14 | to corrective action at
underground storage tanks. Regulations | ||||||
15 | adopted pursuant to this subsection
shall be adopted in | ||||||
16 | accordance with the procedures for rulemaking in
Section 5-35 | ||||||
17 | of the Illinois Administrative Procedure Act.
| ||||||
18 | (c) The Office of the State Fire Marshal shall require any | ||||||
19 | person,
corporation or other entity who tests an underground | ||||||
20 | tank or its piping or
cathodic protection for another to report | ||||||
21 | the results of such test to the
Office.
| ||||||
22 | (d) In accordance with constitutional limitations, the | ||||||
23 | Office shall have
authority to enter at all reasonable times | ||||||
24 | upon any private or public
property for the purpose of:
| ||||||
25 | (i) Inspecting and investigating to ascertain possible | ||||||
26 | violations of
this Act, of regulations thereunder or of |
| |||||||
| |||||||
1 | permits or terms or conditions
thereof; or
| ||||||
2 | (ii) In accordance with the provisions of this Act, | ||||||
3 | taking whatever
emergency action, that is necessary or | ||||||
4 | appropriate, to assure that the
public health or safety is | ||||||
5 | not threatened whenever there is a release or a
substantial | ||||||
6 | threat of a release of petroleum or a regulated substance | ||||||
7 | from
an underground storage tank.
| ||||||
8 | (e) The Office of the State Fire Marshal may issue an | ||||||
9 | Administrative Order
to any person who it reasonably believes | ||||||
10 | has violated the rules and regulations
governing underground | ||||||
11 | storage tanks, including the installation, repair,
leak | ||||||
12 | detection, cathodic protection tank testing, removal or | ||||||
13 | release
notification. Such an order shall be served by | ||||||
14 | registered or certified
mail or in person. Any person served | ||||||
15 | with such an order may appeal such
order by submitting in | ||||||
16 | writing any such appeal to the Office within
10 days of the | ||||||
17 | date of receipt of such order. The Office shall conduct an
| ||||||
18 | administrative hearing governed by the Illinois Administrative | ||||||
19 | Procedure
Act and enter an order to sustain, modify or revoke | ||||||
20 | such order. Any appeal
from such order shall be to the circuit | ||||||
21 | court of the county in which the
violation took place and shall | ||||||
22 | be governed by the Administrative Review Law.
| ||||||
23 | (f) The Office of the State Fire Marshal shall not require | ||||||
24 | the removal
of an underground tank system taken out of | ||||||
25 | operation before January 2,
1974, except in the case in which | ||||||
26 | the office of the State Fire Marshal has
determined that a |
| |||||||
| |||||||
1 | release from the underground tank system poses a current
or | ||||||
2 | potential threat to human health and the environment. In that | ||||||
3 | case, and
upon receipt of an Order from the Office of the State | ||||||
4 | Fire Marshal, the
owner or operator of the nonoperational | ||||||
5 | underground tank system shall
assess the excavation zone and | ||||||
6 | close the system in accordance with
regulations promulgated by | ||||||
7 | the Office of the State Fire Marshal.
| ||||||
8 | (4) (a) The Office of the State Fire Marshal shall adopt | ||||||
9 | rules and
regulations regarding aboveground storage tanks and | ||||||
10 | associated piping and
no municipality or other political | ||||||
11 | subdivision shall adopt or enforce any
ordinances or | ||||||
12 | regulations regarding such aboveground tanks and piping other
| ||||||
13 | than those which are identical to the rules and regulations of | ||||||
14 | the Office
of the State Fire Marshal unless, in the interest of | ||||||
15 | fire safety, the
Office of the State Fire Marshal delegates | ||||||
16 | such authority to municipalities,
political subdivisions or | ||||||
17 | home rule units. It is declared to be the law of
this State, | ||||||
18 | pursuant to paragraphs (h) and (i) of Section 6 of Article VII
| ||||||
19 | of the Illinois Constitution, that the establishment of | ||||||
20 | standards regarding
aboveground storage tanks and associated | ||||||
21 | piping within the jurisdiction of
the Office of the State Fire | ||||||
22 | Marshal is an exclusive State function which
may not be | ||||||
23 | exercised concurrently by a home rule unit except as expressly
| ||||||
24 | permitted in this Act.
| ||||||
25 | (b) The Office of the State Fire Marshal shall enforce its | ||||||
26 | rules
and regulations concerning aboveground storage tanks and |
| |||||||
| |||||||
1 | associated piping;
however, municipalities may enforce any of | ||||||
2 | their zoning ordinances or zoning
regulations regarding | ||||||
3 | aboveground tanks.
The Office of the State Fire Marshal may | ||||||
4 | issue an administrative order to
any owner of an aboveground | ||||||
5 | storage tank and associated piping it
reasonably believes to be | ||||||
6 | in violation of such rules and regulations to
remedy or remove | ||||||
7 | any such violation. Such an order shall be served by
registered | ||||||
8 | or certified mail or in person. Any person served with such an
| ||||||
9 | order may appeal such order by submitting in writing any such | ||||||
10 | appeal to
the Office within 10 days of the date of receipt of | ||||||
11 | such order. The Office
shall conduct an administrative hearing | ||||||
12 | governed by the Illinois
Administrative Procedure Act and enter | ||||||
13 | an order to sustain, modify or
revoke such order. Any appeal | ||||||
14 | from such order shall be to the circuit
court of the county in | ||||||
15 | which the violation took place and shall be governed
by the | ||||||
16 | Administrative Review Law.
| ||||||
17 | (Source: P.A. 91-851, eff. 1-1-01; 92-618, eff. 7-11-02; | ||||||
18 | revised 10-9-03.)
| ||||||
19 | Section 975. The Firearm Owners Identification Card Act is | ||||||
20 | amended by changing Sections 1.1, 3, and 3.1 as follows:
| ||||||
21 | (430 ILCS 65/1.1) (from Ch. 38, par. 83-1.1)
| ||||||
22 | Sec. 1.1. For purposes of this Act:
| ||||||
23 | "Counterfeit" means to copy or imitate, without legal | ||||||
24 | authority, with
intent
to deceive. |
| |||||||
| |||||||
1 | "Federally licensed firearm dealer" means a person who is | ||||||
2 | licensed as a federal firearms dealer under Section 923 of the | ||||||
3 | federal Gun Control Act of 1968 (18 U.S.C. 923).
| ||||||
4 | "Firearm" means any device, by
whatever name known, which | ||||||
5 | is designed to expel a projectile or projectiles
by the action | ||||||
6 | of an explosion, expansion of gas or escape of gas; excluding,
| ||||||
7 | however:
| ||||||
8 | (1) any pneumatic gun, spring gun, paint ball gun or | ||||||
9 | B-B gun which
either expels a single globular projectile | ||||||
10 | not exceeding .18 inch in
diameter and which has a maximum | ||||||
11 | muzzle velocity of less than 700 feet
per second or | ||||||
12 | breakable paint balls containing washable marking colors;
| ||||||
13 | (2) any device used exclusively for signalling or | ||||||
14 | safety and required or
recommended by the United States | ||||||
15 | Coast Guard or the Interstate Commerce
Commission;
| ||||||
16 | (3) any device used exclusively for the firing of stud | ||||||
17 | cartridges,
explosive rivets or similar industrial | ||||||
18 | ammunition; and
| ||||||
19 | (4) an antique firearm (other than a machine-gun) | ||||||
20 | which, although
designed as a weapon, the Department of | ||||||
21 | State Police finds by reason of
the date of its | ||||||
22 | manufacture, value, design, and other characteristics is
| ||||||
23 | primarily a collector's item and is not likely to be used | ||||||
24 | as a weapon.
| ||||||
25 | "Firearm ammunition" means any self-contained cartridge or | ||||||
26 | shotgun
shell, by whatever name known, which is designed to be |
| |||||||
| |||||||
1 | used or adaptable to
use in a firearm; excluding, however:
| ||||||
2 | (1) any ammunition exclusively designed for use with a | ||||||
3 | device used
exclusively for signalling or safety and | ||||||
4 | required or recommended by the
United States Coast Guard or | ||||||
5 | the Interstate Commerce Commission; and
| ||||||
6 | (2) any ammunition designed exclusively for use with a | ||||||
7 | stud or rivet
driver or other similar industrial | ||||||
8 | ammunition. | ||||||
9 | "Gun show" means an event or function: | ||||||
10 | (1) at which the sale and transfer of firearms is the | ||||||
11 | regular and normal course of business and where 50 or more | ||||||
12 | firearms are displayed, offered, or exhibited for sale, | ||||||
13 | transfer, or exchange; or | ||||||
14 | (2) at which not less than 10 gun show vendors display, | ||||||
15 | offer, or exhibit for sale, sell, transfer, or exchange | ||||||
16 | firearms.
| ||||||
17 | "Gun show" includes the entire premises provided for an | ||||||
18 | event or function, including parking areas for the event or | ||||||
19 | function, that is sponsored to facilitate the purchase, sale, | ||||||
20 | transfer, or exchange of firearms as described in this Section.
| ||||||
21 | "Gun show" does not include training or safety classes, | ||||||
22 | competitive shooting events, such as rifle, shotgun, or handgun | ||||||
23 | matches, trap, skeet, or sporting clays shoots, dinners, | ||||||
24 | banquets, raffles, or
any other event where the sale or | ||||||
25 | transfer of firearms is not the primary course of business. | ||||||
26 | "Gun show promoter" means a person who organizes or |
| |||||||
| |||||||
1 | operates a gun show. | ||||||
2 | "Gun show vendor" means a person who exhibits, sells, | ||||||
3 | offers for sale, transfers, or exchanges any firearms at a gun | ||||||
4 | show, regardless of whether the person arranges with a gun show | ||||||
5 | promoter for a fixed location from which to exhibit, sell, | ||||||
6 | offer for sale, transfer, or exchange any firearm. | ||||||
7 | "Sanctioned competitive shooting event" means a shooting | ||||||
8 | contest officially recognized by a national or state shooting | ||||||
9 | sport association, and includes any sight-in or practice | ||||||
10 | conducted in conjunction with the event.
| ||||||
11 | "Stun gun or taser" has the meaning ascribed to it in | ||||||
12 | Section 24-1 of the Criminal Code of 1961. | ||||||
13 | (Source: P.A. 94-6, eff. 1-1-06; 94-353, eff. 7-29-05; revised | ||||||
14 | 8-19-05.)
| ||||||
15 | (430 ILCS 65/3) (from Ch. 38, par. 83-3)
| ||||||
16 | Sec. 3. (a) Except as provided in Section 3a, no person may | ||||||
17 | knowingly
transfer, or cause to be transferred, any firearm, | ||||||
18 | firearm ammunition, stun gun, or taser to any person within | ||||||
19 | this State unless the
transferee with whom he deals displays a | ||||||
20 | currently valid Firearm Owner's
Identification Card which has | ||||||
21 | previously been issued in his name by the
Department of State | ||||||
22 | Police under the provisions of this Act. In addition,
all | ||||||
23 | firearm, stun gun, and taser transfers by federally licensed | ||||||
24 | firearm dealers are subject
to Section 3.1.
| ||||||
25 | (a-5) Any person who is not a federally licensed firearm |
| |||||||
| |||||||
1 | dealer and who desires to transfer or sell a firearm while that | ||||||
2 | person is on the grounds of a gun show must, before selling or | ||||||
3 | transferring the firearm, request the Department of State | ||||||
4 | Police to conduct a background check on the prospective | ||||||
5 | recipient of the firearm in accordance with Section 3.1.
| ||||||
6 | (b) Any person within this State who transfers or causes to | ||||||
7 | be
transferred any firearm, stun gun, or taser shall keep a | ||||||
8 | record of such transfer for a period
of 10 years from the date | ||||||
9 | of transfer. Such record shall contain the date
of the | ||||||
10 | transfer; the description, serial number or other information
| ||||||
11 | identifying the firearm, stun gun, or taser if no serial number | ||||||
12 | is available; and, if the
transfer was completed within this | ||||||
13 | State, the transferee's Firearm Owner's
Identification Card | ||||||
14 | number. On or after January 1, 2006, the record shall contain | ||||||
15 | the date of application for transfer of the firearm. On demand | ||||||
16 | of a peace officer such transferor
shall produce for inspection | ||||||
17 | such record of transfer. If the transfer or sale took place at | ||||||
18 | a gun show, the record shall include the unique identification | ||||||
19 | number. Failure to record the unique identification number is a | ||||||
20 | petty offense.
| ||||||
21 | (b-5) Any resident may purchase ammunition from a person | ||||||
22 | outside of Illinois. Any resident purchasing ammunition | ||||||
23 | outside the State of Illinois must provide the seller with a | ||||||
24 | copy of his or her valid Firearm Owner's Identification Card | ||||||
25 | and either his or her Illinois driver's license or Illinois | ||||||
26 | State Identification Card prior to the shipment of the |
| |||||||
| |||||||
1 | ammunition. The ammunition may be shipped only to an address on | ||||||
2 | either of those 2 documents. | ||||||
3 | (c) The provisions of this Section regarding the transfer | ||||||
4 | of firearm
ammunition shall not apply to those persons | ||||||
5 | specified in paragraph (b) of
Section 2 of this Act.
| ||||||
6 | (Source: P.A. 94-6, eff. 1-1-06; 94-284, eff. 7-21-05; 94-353, | ||||||
7 | eff. 7-29-05; 94-571, eff. 8-12-05; revised 8-19-05.)
| ||||||
8 | (430 ILCS 65/3.1) (from Ch. 38, par. 83-3.1)
| ||||||
9 | Sec. 3.1. Dial up system. | ||||||
10 | (a) The Department of State Police shall provide
a dial up | ||||||
11 | telephone system or utilize other existing technology which | ||||||
12 | shall be used by any federally licensed
firearm dealer, gun | ||||||
13 | show promoter, or gun show vendor who is to transfer a firearm, | ||||||
14 | stun gun, or taser under the provisions of this
Act. The | ||||||
15 | Department of State Police may utilize existing technology | ||||||
16 | which
allows the caller to be charged a fee not to exceed $2. | ||||||
17 | Fees collected by the Department of
State Police shall be | ||||||
18 | deposited in the State Police Services Fund and used
to provide | ||||||
19 | the service.
| ||||||
20 | (b) Upon receiving a request from a federally licensed | ||||||
21 | firearm dealer, gun show promoter, or gun show vendor, the
| ||||||
22 | Department of State Police shall immediately approve, or within | ||||||
23 | the time
period established by Section 24-3 of the Criminal | ||||||
24 | Code of 1961 regarding
the delivery of firearms, stun guns, and | ||||||
25 | tasers notify the inquiring dealer, gun show promoter, or gun |
| |||||||
| |||||||
1 | show vendor of any objection that
would disqualify the | ||||||
2 | transferee from acquiring or possessing a firearm, stun gun, or | ||||||
3 | taser. In
conducting the inquiry, the Department of State | ||||||
4 | Police shall initiate and
complete an automated search of its | ||||||
5 | criminal history record information
files and those of the | ||||||
6 | Federal Bureau of Investigation, including the
National | ||||||
7 | Instant Criminal Background Check System, and of the files of
| ||||||
8 | the Department of Human Services relating to mental health and
| ||||||
9 | developmental disabilities to obtain
any felony conviction or | ||||||
10 | patient hospitalization information which would
disqualify a | ||||||
11 | person from obtaining or require revocation of a currently
| ||||||
12 | valid Firearm Owner's Identification Card. | ||||||
13 | (c) If receipt of a firearm would not violate Section 24-3 | ||||||
14 | of the Criminal Code of 1961, federal law, or this Act the | ||||||
15 | Department of State Police shall: | ||||||
16 | (1) assign a unique identification number to the | ||||||
17 | transfer; and | ||||||
18 | (2) provide the licensee, gun show promoter, or gun | ||||||
19 | show vendor with the number. | ||||||
20 | (d) Approvals issued by the Department of State Police for | ||||||
21 | the purchase of a firearm are valid for 30 days from the date | ||||||
22 | of issue.
| ||||||
23 | (e) The Department of State Police must act as the Illinois | ||||||
24 | Point of Contact
for the National Instant Criminal Background | ||||||
25 | Check System.
| ||||||
26 | (f) The Department of State Police shall promulgate rules |
| |||||||
| |||||||
1 | not inconsistent with this Section to implement this
system.
| ||||||
2 | (Source: P.A. 94-6, eff. 1-1-06; 94-353, eff. 7-29-05; revised | ||||||
3 | 8-19-05.)
| ||||||
4 | Section 980. The Humane Care for Animals Act is amended by | ||||||
5 | changing Sections 4.01, 4.04, and 16 as follows:
| ||||||
6 | (510 ILCS 70/4.01) (from Ch. 8, par. 704.01)
| ||||||
7 | Sec. 4.01. Animals in entertainment. This Section does not | ||||||
8 | apply when
the only animals involved are dogs. (Section 26-5 of | ||||||
9 | the Criminal Code of
1961, rather than this Section, applies | ||||||
10 | when the only animals involved are
dogs.)
| ||||||
11 | (a) No person may own, capture, breed, train, or lease any | ||||||
12 | animal which he
or she knows or should know is intended for use | ||||||
13 | in any show, exhibition,
program, or other activity featuring | ||||||
14 | or otherwise involving a fight between
such animal and any | ||||||
15 | other animal or human, or the intentional killing of any
animal | ||||||
16 | for the purpose of sport, wagering, or entertainment.
| ||||||
17 | (b) No person shall promote, conduct, carry on, advertise, | ||||||
18 | collect money for
or in any other manner assist or aid in the | ||||||
19 | presentation for purposes of sport,
wagering, or | ||||||
20 | entertainment, any show, exhibition, program, or other | ||||||
21 | activity
involving a fight between 2 or more animals or any | ||||||
22 | animal and human, or the
intentional killing of any animal.
| ||||||
23 | (c) No person shall sell or offer for sale, ship, | ||||||
24 | transport, or otherwise
move, or deliver or receive any animal |
| |||||||
| |||||||
1 | which he or she knows or should know
has been captured, bred, | ||||||
2 | or trained, or will be used, to fight another animal
or human | ||||||
3 | or be intentionally killed, for the purpose of sport, wagering, | ||||||
4 | or
entertainment.
| ||||||
5 | (d) No person shall manufacture for sale, shipment, | ||||||
6 | transportation
or delivery any device or equipment which that | ||||||
7 | person knows or should know
is intended for use in any show, | ||||||
8 | exhibition, program, or other activity
featuring or otherwise | ||||||
9 | involving a fight between 2 or more animals, or any
human and | ||||||
10 | animal, or the intentional killing of any animal for purposes | ||||||
11 | of
sport, wagering or entertainment.
| ||||||
12 | (e) No person shall own, possess, sell or offer for sale, | ||||||
13 | ship,
transport, or otherwise move any equipment or device | ||||||
14 | which such person
knows or should know is intended for use in | ||||||
15 | connection with any show,
exhibition, program, or activity | ||||||
16 | featuring or otherwise involving a fight
between 2 or more | ||||||
17 | animals, or any animal and human, or the intentional
killing of | ||||||
18 | any animal for purposes of sport, wagering or entertainment.
| ||||||
19 | (f) No person shall make available any site, structure, or | ||||||
20 | facility,
whether enclosed or not, which he or she knows or | ||||||
21 | should know is intended
to be used for the purpose of | ||||||
22 | conducting any show, exhibition, program, or
other activity | ||||||
23 | involving a fight between 2 or more animals, or any animal and
| ||||||
24 | human, or the intentional killing of any animal.
| ||||||
25 | (g) No person shall attend or otherwise patronize any show, | ||||||
26 | exhibition,
program, or other activity featuring or otherwise |
| |||||||
| |||||||
1 | involving a fight between
2 or more animals, or any animal and | ||||||
2 | human, or the intentional killing of
any animal for the | ||||||
3 | purposes of sport, wagering or entertainment.
| ||||||
4 | (h) (Blank).
| ||||||
5 | (i) Any animals or equipment involved in a violation of | ||||||
6 | this Section shall
be immediately seized and impounded under | ||||||
7 | Section 12 by the Department when
located at any show, | ||||||
8 | exhibition, program, or other activity featuring or
otherwise | ||||||
9 | involving an animal fight for the purposes of sport, wagering, | ||||||
10 | or
entertainment.
| ||||||
11 | (j) Any vehicle or conveyance other than a common carrier | ||||||
12 | that is used
in violation of this Section shall be seized, | ||||||
13 | held, and offered for sale at
public auction by the sheriff's | ||||||
14 | department of the proper jurisdiction, and
the proceeds from | ||||||
15 | the sale shall be remitted to the general fund of the
county | ||||||
16 | where the violation took place.
| ||||||
17 | (k) Any veterinarian in this State who is presented with an | ||||||
18 | animal for
treatment of injuries or wounds resulting from | ||||||
19 | fighting where there is a
reasonable possibility that the | ||||||
20 | animal was engaged in or utilized for a
fighting event for the | ||||||
21 | purposes of sport, wagering, or entertainment shall
file a | ||||||
22 | report with the Department and cooperate by furnishing the | ||||||
23 | owners'
names, dates, and descriptions of the animal or animals | ||||||
24 | involved. Any
veterinarian who in good faith complies with the | ||||||
25 | requirements of this
subsection has immunity from any | ||||||
26 | liability, civil, criminal, or otherwise,
that may result from |
| |||||||
| |||||||
1 | his or her actions. For the purposes of any proceedings,
civil | ||||||
2 | or criminal, the good faith of the veterinarian shall be | ||||||
3 | rebuttably
presumed.
| ||||||
4 | (l) No person shall solicit a minor to violate this | ||||||
5 | Section.
| ||||||
6 | (m) The penalties for violations of this Section shall be | ||||||
7 | as follows:
| ||||||
8 | (1) A person convicted of violating subsection (a), | ||||||
9 | (b), or (c) of this
Section or any rule, regulation, or | ||||||
10 | order of the Department pursuant thereto
is guilty of a | ||||||
11 | Class A misdemeanor for the first offense. A second or
| ||||||
12 | subsequent offense involving the violation of subsection | ||||||
13 | (a), (b), or (c) of
this Section or any rule, regulation, | ||||||
14 | or order of the Department pursuant
thereto is a Class 4 | ||||||
15 | felony.
| ||||||
16 | (2) A person convicted of violating subsection (d), | ||||||
17 | (e), or (f) of this
Section or any rule, regulation, or | ||||||
18 | order of the Department pursuant thereto
is guilty of a | ||||||
19 | Class A misdemeanor for the first offense. A second or
| ||||||
20 | subsequent violation is a Class 4 felony.
| ||||||
21 | (3) A person convicted of violating subsection (g) of | ||||||
22 | this Section or
any rule, regulation, or order of the | ||||||
23 | Department pursuant thereto is guilty
of a Class C | ||||||
24 | misdemeanor.
| ||||||
25 | (4) A person convicted of violating subsection (l) of | ||||||
26 | this Section is
guilty of a Class A misdemeanor.
|
| |||||||
| |||||||
1 | (Source: P.A. 92-425, eff. 1-1-02; 92-454, eff. 1-1-02; 92-650, | ||||||
2 | eff.
7-11-02; 92-651, eff. 7-11-02; revised 11-21-02.)
| ||||||
3 | (510 ILCS 70/4.04) (from Ch. 8, par. 704.04)
| ||||||
4 | Sec. 4.04. Injuring or killing police animals, service | ||||||
5 | animals, or search
and rescue dogs prohibited.
It shall be | ||||||
6 | unlawful for any person to willfully or maliciously torture,
| ||||||
7 | mutilate, injure, disable, poison, or kill (i) any animal used | ||||||
8 | by a law
enforcement department or agency in the performance of | ||||||
9 | the functions or duties
of the department or agency or when | ||||||
10 | placed in confinement off duty, (ii) any
service animal, (iii) | ||||||
11 | any search and rescue dog, or (iv) any law enforcement,
| ||||||
12 | service, or search and rescue animal in training. However, a | ||||||
13 | police officer or
veterinarian may perform euthanasia in | ||||||
14 | emergency situations when delay would
cause the animal undue | ||||||
15 | suffering and pain.
| ||||||
16 | A person convicted of violating this Section is guilty of a | ||||||
17 | Class 4
felony
A misdemeanor if the animal is not killed or | ||||||
18 | totally disabled; if
the animal is killed or totally disabled, | ||||||
19 | the person is guilty of a Class 3
Class 4 felony.
| ||||||
20 | (Source: P.A. 91-357, eff. 7-29-99; 92-454, eff. 1-1-02; | ||||||
21 | 92-650, eff.
7-11-02; incorporates 92-723, eff. 1-1-03; | ||||||
22 | revised 10-3-02.)
| ||||||
23 | (510 ILCS 70/16) (from Ch. 8, par. 716)
| ||||||
24 | Sec. 16. Miscellaneous violations; injunctions; |
| |||||||
| |||||||
1 | forfeiture.
| ||||||
2 | (a) (Blank).
| ||||||
3 | (b) (Blank). 4 felony 3
| ||||||
4 | (c) Any person convicted of any act of abuse or
neglect for | ||||||
5 | which no other penalty is specified in this Act, or of
| ||||||
6 | violating any other provision of this Act or any rule, | ||||||
7 | regulation, or
order of the Department pursuant thereto for | ||||||
8 | which no other penalty is
specified in this Act, is guilty of a | ||||||
9 | Class B misdemeanor for the first
violation. A second or | ||||||
10 | subsequent violation is a Class 4 felony, with
every day that a | ||||||
11 | violation continues constituting a separate offense.
| ||||||
12 | (d) (Blank).
| ||||||
13 | (e) (Blank).
| ||||||
14 | (f) The Department may enjoin a person from a continuing | ||||||
15 | violation of this
Act.
| ||||||
16 | (g) (Blank).
| ||||||
17 | (h) (Blank).
| ||||||
18 | (i) In addition to any other penalty provided by law, upon | ||||||
19 | conviction
for violating Section 3, 3.01, 3.02, or 3.03 the | ||||||
20 | court may order
the convicted person to forfeit to an animal | ||||||
21 | control or animal shelter
the animal or animals that are the | ||||||
22 | basis of the conviction. Upon an
order of forfeiture, the | ||||||
23 | convicted person is deemed to have permanently
relinquished all | ||||||
24 | rights to the animal or animals that are the basis of the
| ||||||
25 | conviction. The forfeited animal or animals shall be adopted or | ||||||
26 | humanely
euthanized. In no event may the convicted person or |
| |||||||
| |||||||
1 | anyone residing in his
or her household be permitted to adopt | ||||||
2 | the forfeited animal or animals. The
court, additionally, may | ||||||
3 | order that the convicted person and persons dwelling
in the | ||||||
4 | same household as the convicted person who conspired, aided, or | ||||||
5 | abetted
in the unlawful act that was the basis of the | ||||||
6 | conviction, or who knew or should
have known of the unlawful | ||||||
7 | act, may not own, harbor, or have custody or control
of any | ||||||
8 | other animals for a period of time that the court deems | ||||||
9 | reasonable.
| ||||||
10 | (Source: P.A. 91-291, eff. 1-1-00; 91-351, eff. 7-29-99; | ||||||
11 | 91-357, eff.
7-29-99; 92-16, eff. 6-28-01; 92-425, eff. 1-1-02; | ||||||
12 | 92-454, eff. 1-1-02; 92-650,
eff. 7-11-02; 92-651, eff. | ||||||
13 | 7-11-02; 92-723, eff. 1-1-03; revised 10-3-02.)
| ||||||
14 | Section 985. The Fish and Aquatic Life Code is amended by | ||||||
15 | changing Section 20-35 as follows:
| ||||||
16 | (515 ILCS 5/20-35) (from Ch. 56, par. 20-35)
| ||||||
17 | Sec. 20-35. Offenses.
| ||||||
18 | (a) Except as prescribed in Section 5-25 and unless | ||||||
19 | otherwise provided in
this Code, any person who is found guilty | ||||||
20 | of violating any of the provisions
of this Code, including | ||||||
21 | administrative rules, is guilty of a petty offense.
| ||||||
22 | Any person who violates any of the provisions of Section | ||||||
23 | 5-20, 10-5,
10-10, 10-15, 10-20, 10-25, 10-30, 10-35, 10-50, | ||||||
24 | 10-60, 10-70, 10-75, 10-95,
10-115, 10-135, 15-5, 15-10, 15-15, |
| |||||||
| |||||||
1 | 15-20, 15-30, 15-32, 15-40, 15-45, 15-55,
15-60, 15-65, 15-75, | ||||||
2 | 15-80, 15-85, 15-90, 15-95, 15-100, 15-105, 15-110,
15-115, | ||||||
3 | 15-120, 15-130, 15-140, 20-70, 20-75, 20-80, 20-85 (except | ||||||
4 | subsections (b), (c), (d), (e), (f), and (g)), 25-10, 25-15, or
| ||||||
5 | 25-20 of this Code, including administrative rules relating to | ||||||
6 | those Sections,
is guilty of a Class B misdemeanor.
| ||||||
7 | Any person who violates any of the provisions of Section | ||||||
8 | 1-200, 1-205,
10-55, 10-80, 10-100(b), 15-35, or 20-120 of this | ||||||
9 | Code, including administrative rules
relating to those | ||||||
10 | Sections, is guilty of a Class A misdemeanor.
| ||||||
11 | Any person who violates any of the provisions of this Code, | ||||||
12 | including
administrative rules, during the 5 years following | ||||||
13 | the revocation of his or
her license, permit, or privileges | ||||||
14 | under Section 20-105 is guilty of a Class
A misdemeanor.
| ||||||
15 | Any person who violates Section 5-25 of this Code, | ||||||
16 | including administrative
rules, is guilty of a Class 3 felony.
| ||||||
17 | (b)(1) It is unlawful for any person to take or attempt to | ||||||
18 | take aquatic
life from any aquatic life farm except with the | ||||||
19 | consent of the owner of the
aquatic life farm. Any person | ||||||
20 | possessing fishing tackle on the premises of an
aquatic life | ||||||
21 | farm is presumed to be fishing. The presumption may be rebutted
| ||||||
22 | by clear and convincing evidence. All fishing tackle, | ||||||
23 | apparatus, and vehicles
used in the violation of this | ||||||
24 | subsection (b) shall be confiscated by the
arresting officer. | ||||||
25 | Except as otherwise provided in this subsection, the
seizure | ||||||
26 | and confiscation procedures set forth in Section 1-215 of this |
| |||||||
| |||||||
1 | Code
shall apply. If the confiscated property is determined by | ||||||
2 | the circuit court
to have been used in the violation of this | ||||||
3 | subsection (b), the confiscated
property shall be sold at | ||||||
4 | public auction by the county sheriff of the county
where the | ||||||
5 | violation occurred. The proceeds of the sale shall be deposited | ||||||
6 | in
the county general fund; provided that the auction may be | ||||||
7 | stayed by an
appropriate court order.
| ||||||
8 | (2) A violation of paragraph (1) of this subsection (b) is | ||||||
9 | a Class A
misdemeanor for a first offense and a Class 4 felony | ||||||
10 | for a second or subsequent
offense.
| ||||||
11 | (c)(1) It is unlawful for any person to trespass or fish on | ||||||
12 | an aquatic life
farm located on a strip mine lake or other body | ||||||
13 | of water used for aquatic life
farming operations, or within a | ||||||
14 | 200 foot buffer zone surrounding cages or
netpens that are | ||||||
15 | clearly delineated by buoys of a posted aquatic life farm, by
| ||||||
16 | swimming, scuba diving, or snorkeling in, around, or under the | ||||||
17 | aquatic life
farm or by operating a watercraft over, around, or | ||||||
18 | in the aquatic life farm
without the consent of the owner of | ||||||
19 | the aquatic life farm.
| ||||||
20 | (2) A violation of paragraph (1) of this subsection (c) is | ||||||
21 | a Class B
misdemeanor for a first offense and a Class A | ||||||
22 | misdemeanor for a second or
subsequent offense. All fishing | ||||||
23 | tackle, apparatus, and watercraft used in a
second or | ||||||
24 | subsequent violation of this subsection (c) shall be | ||||||
25 | confiscated by
the arresting officer. Except as otherwise | ||||||
26 | provided in this subsection, the
seizure and confiscation |
| |||||||
| |||||||
1 | procedures set forth in Section 1-215 of this Code
shall apply. | ||||||
2 | If the confiscated property is determined by the circuit court
| ||||||
3 | to have been used in a violation of this subsection (c), the | ||||||
4 | confiscated
property shall be sold at public auction by the | ||||||
5 | county sheriff of the county
where the violation occurred. The | ||||||
6 | proceeds of the sale shall be deposited
in the county general | ||||||
7 | fund; provided that the auction may be stayed by an
appropriate | ||||||
8 | court order.
| ||||||
9 | (d) Offenses committed by minors under the direct control | ||||||
10 | or with the
consent of a parent or guardian may subject the | ||||||
11 | parent or guardian to the
penalties prescribed in this Section | ||||||
12 | or as otherwise provided in this Code.
| ||||||
13 | (e) In addition to any fines imposed under this Section, or | ||||||
14 | as otherwise
provided in this Code, any person found guilty of | ||||||
15 | unlawfully taking or
possessing any aquatic life protected by | ||||||
16 | this Code shall be assessed a
civil penalty for that aquatic | ||||||
17 | life in accordance with the values
prescribed in Section 5-25 | ||||||
18 | of this Code. This civil penalty shall be
imposed at the time | ||||||
19 | of the conviction by the Circuit Court for the county
where the | ||||||
20 | offense was committed. Except as otherwise provided for in
| ||||||
21 | subsections (b) and (c) of this Section, all penalties provided | ||||||
22 | for in this
Section shall be remitted to the Department in | ||||||
23 | accordance with the provisions
of Section 1-180 of this Code.
| ||||||
24 | (Source: P.A. 94-222, eff. 7-14-05; 94-592, eff. 1-1-06; | ||||||
25 | revised 8-19-05.)
|
| |||||||
| |||||||
1 | Section 990. The Wildlife Code is amended by changing | ||||||
2 | Sections 2.2 and 3.23 as follows:
| ||||||
3 | (520 ILCS 5/2.2) (from Ch. 61, par. 2.2)
| ||||||
4 | Sec. 2.2. This Act shall apply only to the wild birds and | ||||||
5 | parts of
wild birds (their nests and eggs), and wild mammals | ||||||
6 | and parts
of wild mammals, which shall include their green | ||||||
7 | hides, in the State of
Illinois, or which may be brought into | ||||||
8 | the State, that are hereby defined
as follows:
| ||||||
9 | All birds, both game and non-game (except the House | ||||||
10 | Sparrow, Passer
domesticus; European Starling, Sturnus | ||||||
11 | vulgaris; and Rock Dove or Domestic
Pigeon, Columba livia). | ||||||
12 | GAME BIRDS-Ruffed grouse, Bonasa umbellus;
Sharp-tailed | ||||||
13 | grouse, Pediocetes phasianellus; Bobwhite quail, Colinus
| ||||||
14 | virginianus; Hungarian Partridge, Perdix perdix; Chukar | ||||||
15 | Partridge,
Alectoris graeca; Ring-necked Pheasant, Phasianus | ||||||
16 | colchicus; Greater
Prairie Chicken, Tympanuchus cupido; Wild | ||||||
17 | Turkey, Meleagris gallopavo.
MIGRATORY GAME BIRDS-Waterfowl | ||||||
18 | including brant, wild ducks, geese and
swans, Anatidae; rails, | ||||||
19 | gallinules and coots, Rallidae; snipe, Gallinago
gallinago; | ||||||
20 | woodcock, Scolopax minor; pigeons, including doves and wild
| ||||||
21 | pigeons (except domestic pigeons), Columbidae; and crows, | ||||||
22 | Corvidae.
RESIDENT AND MIGRATORY NON-GAME BIRDS-Loons, | ||||||
23 | Gaviidae; grebes,
Podicipedidae; pelicans, Pelecanidae; | ||||||
24 | cormorants, Phalacrocoracidae;
herons, bitterns and egrets, | ||||||
25 | Ardeidae; ibises and spoonbills,
Threskiornithidae; storks, |
| |||||||
| |||||||
1 | Ciconiidae; vultures, Cathartidae
Carthartidae ; kites, hawks
| ||||||
2 | and eagles, Accipitridae; ospreys, Pandionidae; falcons, | ||||||
3 | including the
Peregrine Falcon, Falconidae; cranes, Gruidae; | ||||||
4 | rails and gallinules,
Rallidae; all shorebirds of the families | ||||||
5 | Charadriidae, Scolopacidae,
Recurvirostridae and | ||||||
6 | Phalaropodidae; jaegers, Stercorariidae; gulls and
terns, | ||||||
7 | Laridae; cuckoos, Cuculidae; owls, Tytonidae and Strigidae;
| ||||||
8 | whip-poor-wills and nighthawks, Caprimulgidae; swifts, | ||||||
9 | Apodidae;
hummingbirds, Trochilidae, Kingfishers, Alcedinidae; | ||||||
10 | woodpeckers, Picidae;
kingbirds and flycatchers, Tyrannidae; | ||||||
11 | larks, Alaudidae; swallows and
martins, Hirundinidae; crows, | ||||||
12 | magpies and jays, Corvidae; chickadees and
titmice, Paridae; | ||||||
13 | nuthatches, Sittidae; creepers, Certhiidae; wrens,
| ||||||
14 | Troglodytidae; mockingbirds, catbirds and thrashers, Mimidae; | ||||||
15 | robins,
bluebirds and thrushes, Turdidae; gnatcatchers and | ||||||
16 | kinglets, Sylviidae;
pipits, Motacillidae; waxwings, | ||||||
17 | Bombycillidae; shrikes, Laniidae; vireos,
Vireonidae; | ||||||
18 | warblers, Parulidae; European Tree Sparrow, Passer montanus;
| ||||||
19 | blackbirds, meadowlarks and orioles, Icteridae; tanagers, | ||||||
20 | thraupidae;
cardinals, grosbeaks, finches, towhees, | ||||||
21 | dickcissels, sparrows, juncos,
buntings and longspurs, | ||||||
22 | Fringillidae. GAME MAMMALS-Woodchuck, Marmota
monax; Gray | ||||||
23 | squirrel, Sciurus carolinensis; Fox squirrel, Sciurus niger;
| ||||||
24 | White-tailed jackrabbit, Lepus townsendii; Eastern cottontail, | ||||||
25 | Sylvilagus
floridanus; Swamp rabbit, Sylvilagus aquaticus; | ||||||
26 | White-tailed deer,
Odocoileus virginianus. FUR-BEARING |
| |||||||
| |||||||
1 | MAMMALS-Muskrat, Ondatra zibethicus;
Beaver, Castor | ||||||
2 | canadensis; Raccoon, Procyon lotor; Opossum, Didelphis
| ||||||
3 | marsupialis; Least weasel, Mustela rixosa; Long-tailed weasel, | ||||||
4 | Mustela
frenata; Mink, Mustela vison; River otter, Lutra | ||||||
5 | canadensis; Striped skunk,
Mephitis mephitis; Badger, Taxidea | ||||||
6 | taxus; Red fox, Vulpes vulpes; Gray fox,
Urocyon | ||||||
7 | cinereoagenteus
cineraoargenteus ; Coyote, Canis latrans; | ||||||
8 | Bobcat, Lynx rufus. OTHER
MAMMALS-Flying squirrel, Glaucomys | ||||||
9 | volans; Red squirrel, Tamiasciurus
hudsonicus; Eastern | ||||||
10 | Woodrat, Neotoma floridana; Golden Mouse, Ochrotomys
nuttalli; | ||||||
11 | Rice Rat, Oryzomys palustris; Bats, Vespertilionidae.
| ||||||
12 | It shall be unlawful for any person at any time to take, | ||||||
13 | possess, sell,
or offer for sale, any of these wild birds (dead | ||||||
14 | or alive) and parts of
wild birds (including their nests and | ||||||
15 | eggs), wild mammals (dead or alive)
and parts of wild mammals, | ||||||
16 | including their green hides contrary to the
provisions of this | ||||||
17 | Act. However, nothing in this Act shall prohibit
bona-fide | ||||||
18 | public or state scientific, educational or zoological
| ||||||
19 | institutions from receiving, holding and displaying wildlife | ||||||
20 | specimens that
were salvaged or legally obtained.
| ||||||
21 | It shall be unlawful for any person to bring into the State | ||||||
22 | of Illinois
for the purpose of holding, releasing, propagating | ||||||
23 | or selling any other
living wild animal not covered by this Act | ||||||
24 | without first obtaining a permit
from the Director. The permit | ||||||
25 | shall be granted only upon satisfactory proof
that the specific | ||||||
26 | animals intended to be imported are free of communicable
|
| |||||||
| |||||||
1 | disease at the time of importation, will not become a nuisance, | ||||||
2 | and will
not cause damage to any existing wild or domestic | ||||||
3 | species. Application for
this permit shall be filed with the | ||||||
4 | Director not less than 30 days in
advance of the proposed date | ||||||
5 | of importation. The Director may incorporate
in the permit any | ||||||
6 | restrictions as he may deem appropriate. These
provisions shall | ||||||
7 | not apply to any animal imported into this State for the
| ||||||
8 | purpose of being confined and exhibited in any zoo or other | ||||||
9 | public display
of animals nor to any other animals or groups of | ||||||
10 | animals that the
Department of Natural Resources may exempt by
| ||||||
11 | administrative rule.
| ||||||
12 | It shall be unlawful for any person to take any other | ||||||
13 | living wild
animal not covered by this Act without the | ||||||
14 | permission of the landowner
or tenant.
| ||||||
15 | (Source: P.A. 89-445, eff. 2-7-96; revised 10-11-05.)
| ||||||
16 | (520 ILCS 5/3.23) (from Ch. 61, par. 3.23)
| ||||||
17 | Sec. 3.23. Before any person shall hold, possess or engage | ||||||
18 | in the raising of
game mammals, game birds or migratory game | ||||||
19 | birds protected by this Act,
he shall procure a permit from the | ||||||
20 | Department to do so. Any person
desiring to possess, propagate, | ||||||
21 | hold in captivity but not offer for sale
any species protected | ||||||
22 | by this Act may do so by
acquiring either a Class A | ||||||
23 | Noncommercial bird breeders permit or a Class
A Noncommercial | ||||||
24 | game breeders permit. Any person desiring to possess,
| ||||||
25 | propagate, to hold in captivity, to sell alive, for propagation |
| |||||||
| |||||||
1 | or
hunting purposes, sell dressed for food purposes any species | ||||||
2 | protected by
this Act may do so by acquiring a
Class B | ||||||
3 | Commercial bird breeders permit or a Class B Commercial/game
| ||||||
4 | breeders permit.
| ||||||
5 | No person shall breed, raise, sell
or offer to sell ferrets | ||||||
6 | without first obtaining from the Department either a Class A
| ||||||
7 | noncommercial game breeder permit or a Class B commercial game | ||||||
8 | breeder
permit; such permit shall not, however,
authorize the | ||||||
9 | use or sale of ferrets for taking any of the wild birds or
wild | ||||||
10 | mammals protected by this Act.
| ||||||
11 | Except for a Class A noncommercial ferret permit which | ||||||
12 | shall be issued
free of charge, the fee for a Class A permit | ||||||
13 | shall be $10. The
fee
for a
Class B permit shall
be $20. Both | ||||||
14 | Class A and Class B permits shall expire
on March 31 of each | ||||||
15 | year.
| ||||||
16 | Holders of wild game or bird breeder's permits may import | ||||||
17 | game mammals, game
birds or migratory game birds into the State | ||||||
18 | of Illinois but may release
the same only with the permission | ||||||
19 | of the Director.
| ||||||
20 | Bobwhite quail and male pheasants raised in Illinois from | ||||||
21 | eggs
originating in Illinois and reared under the provisions of | ||||||
22 | this
Act may be released and harvested by hunting during the | ||||||
23 | open season
provided by the regulations under Sections 2.6 and | ||||||
24 | 2.7 of this Act.
Hen pheasants raised in Illinois from eggs | ||||||
25 | originating in Illinois and
reared under the provisions of this | ||||||
26 | Act may be released but may be
harvested only as provided by |
| |||||||
| |||||||
1 | the regulations under Sections 2.34 and 3.28 of this Act.
| ||||||
2 | Licensed breeders who hold Class B permits may sell live
| ||||||
3 | hand-reared pheasants, bobwhite quail and chukar partridges to | ||||||
4 | organized
field trial clubs, or to individuals operating dog | ||||||
5 | training grounds
designated by the Department, to be used for | ||||||
6 | field trial purposes and
such pheasants, bobwhite quail and | ||||||
7 | chukar partridges may be killed by
shooting in connection | ||||||
8 | therewith on areas approved by the Department.
| ||||||
9 | Tags or decals on containers, of a type not removable | ||||||
10 | without
breaking or mutilating the tag or decal, shall be used | ||||||
11 | to designate the
carcasses of game mammals, game birds or | ||||||
12 | migratory game birds raised in
captivity, as provided in this | ||||||
13 | Section, and all game imported legally
from any source outside | ||||||
14 | the State of Illinois shall be so designated
with irremovable | ||||||
15 | tags or decals. If such tag or decal is not provided
for in the | ||||||
16 | State of origin the consignor shall obtain such tags or
decals | ||||||
17 | from the Department to identify such carcasses. Upon the
| ||||||
18 | application and payment of a fee of 10 cents for such tag or | ||||||
19 | decal, the
Department shall furnish permittees with such tags | ||||||
20 | or decals, except
that the Department shall only furnish any | ||||||
21 | permittee with sufficient
tags or decals for the number of game | ||||||
22 | mammals, game birds or migratory
game birds, or parts of | ||||||
23 | carcasses thereof, as may from time to time have
been disposed | ||||||
24 | of by the permittee. One of such tags shall be securely
affixed | ||||||
25 | to one of the legs of each game mammal, except deer, where a | ||||||
26 | tag
shall be affixed to each leg, game bird or migratory game |
| |||||||
| |||||||
1 | bird before
removing such game mammal, game bird or migratory | ||||||
2 | game bird from the
premises of the permittee, and such tags | ||||||
3 | shall remain upon the leg or
legs of such mammal, game bird or | ||||||
4 | migratory bird until prepared for
consumption. Class B permit | ||||||
5 | holders who sell such species dressed for food
purposes shall | ||||||
6 | affix such tags to one of the legs of each game mammal, except
| ||||||
7 | deer, where a tag must be secured to each leg, game bird or | ||||||
8 | migratory game
bird or shall secure such decals on the | ||||||
9 | containers in which the carcasses
are transported before | ||||||
10 | removing such species from the premises of the permittees.
| ||||||
11 | Nothing in this Section shall be construed to give any such | ||||||
12 | permittee
authority to take game mammals, game birds or | ||||||
13 | migratory game birds in
their wild state contrary to other | ||||||
14 | provisions of this Act, or to remove
such permittee from | ||||||
15 | responsibility for the observance of any Federal
laws, rules or | ||||||
16 | regulations which may apply to such game mammals, game
birds or | ||||||
17 | migratory game birds.
| ||||||
18 | When any wild birds or wild mammals raised in captivity, or | ||||||
19 | parts
thereof, are transported or offered for shipment by the | ||||||
20 | holder of a
permit, issued under the provisions of Sections 1.6 | ||||||
21 | and 1.7 hereof, or
by a licensed breeder from outside the | ||||||
22 | State, such shipment shall be
plainly tagged or with decals if | ||||||
23 | in containers so as to show the
contents thereof, the name of | ||||||
24 | the shipper, his place of residence, the
place from where the | ||||||
25 | shipment is made, its destination, name of
consignee and the | ||||||
26 | number, date and type of permit under which shipment
is |
| |||||||
| |||||||
1 | offered.
| ||||||
2 | Game and game bird breeders shall keep records of the | ||||||
3 | acquisition, sale
or disposition of each game mammal or game | ||||||
4 | bird so raised or propagated,
showing the date of such | ||||||
5 | transaction, the name and address of the person
acquiring or | ||||||
6 | receiving such game mammal or game bird, and shall furnish
such | ||||||
7 | person with a certificate of purchase showing the number and | ||||||
8 | kinds of
game mammals or game birds so disposed of, the date of | ||||||
9 | transaction, the
name of the person receiving, collecting, or | ||||||
10 | buying such game mammals or
game birds, and such other | ||||||
11 | information as the Department may require. Such
records and | ||||||
12 | certificates of purchase or disposition shall be immediately
| ||||||
13 | presented to officers or authorized employees of the | ||||||
14 | Department, any
Sheriff, Deputy Sheriff, or other peace officer | ||||||
15 | when request is made for same.
| ||||||
16 | Failure to produce such records of certificates of purchase | ||||||
17 | or
disposition shall be prima facie evidence that such game | ||||||
18 | mammals or game
birds are contraband within the State of | ||||||
19 | Illinois. Records shall be
maintained from the date of | ||||||
20 | acquisition until 2 years after the date of
disposition or | ||||||
21 | sale.
| ||||||
22 | Duly organized clubs and associations approved by the | ||||||
23 | Department and
engaged in the raising, for release only and | ||||||
24 | without profit, any of the
game mammals and game birds | ||||||
25 | protected by this Act are exempt from the
provisions of this | ||||||
26 | Section.
|
| |||||||
| |||||||
1 | No person shall release, hold, possess, or engage in | ||||||
2 | raising San Juan
(sometimes called European) rabbits or | ||||||
3 | finnraccoons (sometimes called
raccoon dogs) (Nyctereutes | ||||||
4 | procyonoides) in this State and no permit shall be
issued | ||||||
5 | therefor.
| ||||||
6 | No person shall release, or propagate for the release any | ||||||
7 | Nutria
(Myocastor coypus), and monk parakeet ( Myiopsitta
| ||||||
8 | Mycopsitta monachus), in
this State at any time.
| ||||||
9 | (Source: P.A. 86-920; revised 10-13-05.)
| ||||||
10 | Section 995. The Illinois Open Land Trust Act is amended by | ||||||
11 | changing Section 10 as follows:
| ||||||
12 | (525 ILCS 33/10)
| ||||||
13 | Sec. 10. Definitions. As used in this Act:
| ||||||
14 | "Conservation and recreation purposes" means activities | ||||||
15 | that are consistent
with the protection and preservation of | ||||||
16 | open lands, natural areas, wetlands,
prairies, forests, | ||||||
17 | watersheds, resource-rich areas, greenways, and fish and
| ||||||
18 | wildlife habitats, including multiple use such as hunting, | ||||||
19 | fishing, trapping,
and other recreational uses.
| ||||||
20 | "Conservation easement" means a nonpossessory interest in | ||||||
21 | real property
imposing limitations or affirmative obligations | ||||||
22 | the purposes of which include
retaining or protecting natural, | ||||||
23 | scenic, or open-space values of real property,
assuring its | ||||||
24 | availability for forest, recreational, or open-space use,
|
| |||||||
| |||||||
1 | protecting natural resources, maintaining or enhancing air or | ||||||
2 | water quality,
or preserving the natural, historical, | ||||||
3 | architectural, archaeological
archacological , or cultural | ||||||
4 | aspects of real property. A conservation
easement may be | ||||||
5 | released at any time by mutual consent of the parties.
| ||||||
6 | "Department" means the Department of Natural Resources.
| ||||||
7 | "Natural area" means an area of land that either retains or | ||||||
8 | has recovered to
a substantial degree its original natural or | ||||||
9 | primeval character, though it need
not be completely | ||||||
10 | undisturbed, or has floral, faunal, ecological, geological,
or | ||||||
11 | archaeological features of scientific, educational, scenic, or | ||||||
12 | esthetic
interest.
| ||||||
13 | "Open space" means those undeveloped or minimally | ||||||
14 | developed lands that
conserve and protect valuable natural | ||||||
15 | features or processes.
| ||||||
16 | "Real property" means land, including improvements | ||||||
17 | existing on the land.
| ||||||
18 | "Units of local government" means counties, townships, | ||||||
19 | municipalities, park
districts, conservation districts, forest | ||||||
20 | preserve districts, river conservancy
districts, and any other | ||||||
21 | units of local government empowered to expend public
funds for | ||||||
22 | the acquisition and development of land for public outdoor | ||||||
23 | park,
recreation, or conservation purposes.
| ||||||
24 | (Source: P.A. 91-220, eff. 7-21-99; revised 10-9-03.)
| ||||||
25 | Section 1000. The Illinois Highway Code is amended by |
| |||||||
| |||||||
1 | changing Sections 4-508, 5-701.2, and 6-201.21 as follows:
| ||||||
2 | (605 ILCS 5/4-508) (from Ch. 121, par. 4-508)
| ||||||
3 | Sec. 4-508. (a) Except as provided in paragraphs (c)
and | ||||||
4 | (d) of this Section, and
subject to the written approval of the | ||||||
5 | Governor, the Department may dispose
of, by public sale, at | ||||||
6 | auction or by sealed bids, any land, rights or other
| ||||||
7 | properties, real or personal, acquired for but no longer needed | ||||||
8 | for highway
purposes or remnants
remanents acquired under the | ||||||
9 | provisions of Section 4-501,
provided that no such sale may be | ||||||
10 | made for less than the fair appraised
value of such land, | ||||||
11 | rights, or property.
| ||||||
12 | (b) Except as provided in paragraphs (c) and (d) of
this | ||||||
13 | Section, and subject to
the written approval of the Governor, | ||||||
14 | the Department may exchange any land,
rights or property no | ||||||
15 | longer needed for highway purposes , or remnants
remanents,
| ||||||
16 | acquired under the provisions of Section 4-501 of this Code for | ||||||
17 | equivalent
interests in land, rights or property needed for | ||||||
18 | highway purposes. Where
such interests are not of equivalent | ||||||
19 | value cash may be paid or received for
the difference in value.
| ||||||
20 | (c) If at the time any property previously determined by | ||||||
21 | the
Department to be needed for highway purposes is declared no | ||||||
22 | longer needed
for such purposes, and the person from whom such | ||||||
23 | property was acquired
still owns and has continuously owned | ||||||
24 | land abutting such property since
the acquisition
by the | ||||||
25 | Department, the Department before making any disposition of |
| |||||||
| |||||||
1 | that
property shall first offer in writing that property to the | ||||||
2 | person from
whom such property was acquired at the current | ||||||
3 | appraised value of
the property. If the offer is accepted
in | ||||||
4 | writing within 60 days of the date of the written offer, the | ||||||
5 | Department,
subject to the written approval of the Governor, is | ||||||
6 | authorized to dispose
of such property to the person from whom | ||||||
7 | such property was acquired upon
payment of the appraised value. | ||||||
8 | If the
offer is not accepted in writing within 60 days of the | ||||||
9 | date of the written
offer, all rights under this paragraph | ||||||
10 | shall terminate.
| ||||||
11 | (d) If the Department enters into or currently has a | ||||||
12 | written contract with
another highway authority for the | ||||||
13 | transfer of jurisdiction of any highway or
portion thereof, the | ||||||
14 | Department is authorized
to convey, without compensation, any | ||||||
15 | land, dedications, easements,
access rights, or any interest in | ||||||
16 | the real estate that it holds to that
specific highway or | ||||||
17 | portion thereof to the highway authority that is accepting
or | ||||||
18 | has accepted jurisdiction. However, no part of the transferred | ||||||
19 | property can
be vacated or disposed of without the approval of | ||||||
20 | the Department, which may
require compensation for non-public | ||||||
21 | use.
| ||||||
22 | (e) Except as provided in paragraph (c) of this Section, if
| ||||||
23 | the Department obtains or obtained fee simple title to, or any
| ||||||
24 | lesser interest, in any land, right, or other property and must | ||||||
25 | comply with
subdivision (f)(3) of Section 6 of Title I of
the | ||||||
26 | Land and Water Conservation Fund Act of 1965 (16 U.S.C. 460 |
| |||||||
| |||||||
1 | l-8(f)(3)),
the Historic Bridge Program established under | ||||||
2 | Title 23,
United States Code, Section 144, subsection (o) (23 | ||||||
3 | U.S.C. 144(o)),
the National Historic Preservation Act (16 | ||||||
4 | U.S.C. Sec. 470), the Interagency
Wetland Policy Act of 1989, | ||||||
5 | or
the Illinois State Agency Historic Resources Preservation | ||||||
6 | Act,
the Department, subject to the written approval of the | ||||||
7 | Governor and concurrence
of the grantee, is
authorized to | ||||||
8 | convey the title or interest in the land, right, or other
| ||||||
9 | property to another governmental agency,
or a not-for-profit | ||||||
10 | organization that will
use the property for purposes consistent
| ||||||
11 | with the appropriate law.
| ||||||
12 | The Department may retain rights to protect the public | ||||||
13 | interest.
| ||||||
14 | (Source: P.A. 90-573, eff. 2-6-98; 90-755, eff. 1-1-99; 91-357, | ||||||
15 | eff.
7-29-99; revised 10-17-05.)
| ||||||
16 | (605 ILCS 5/5-701.2) (from Ch. 121, par. 5-701.2)
| ||||||
17 | Sec. 5-701.2 .
Any county board, with the approval of the | ||||||
18 | Department,
may also use motor fuel tax money allotted to it | ||||||
19 | for construction of State
highways within the county.
| ||||||
20 | (Source: Laws 1959, p. 196; revised 1-21-04.)
| ||||||
21 | (605 ILCS 5/6-201.21)
| ||||||
22 | Sec. 6-201.21. Special services; disaster relief. Subject | ||||||
23 | to Section
30-117 of the Township Code, the highway | ||||||
24 | commissioner has authority to provide
for orderly collection |
| |||||||
| |||||||
1 | and disposal of brush and leaves that have been properly
placed | ||||||
2 | for collection along the road district rights-of-way in | ||||||
3 | accordance with
local guidelines in those townships or counties | ||||||
4 | that regulate by ordinance open
burning of brush or leaves. | ||||||
5 | Further, the highway commissioner has authority to
provide | ||||||
6 | necessary relief services following the occurrence of an event | ||||||
7 | that has
been declared a disaster by State or local officials. | ||||||
8 | The highway commissioner
has purchasing authority, subject to | ||||||
9 | Section 6-201.6, and contractual authority
as defined in of
| ||||||
10 | Section 6-201.7 of this Code.
| ||||||
11 | (Source: P.A. 93-109, eff. 7-8-03; 93-610, eff. 11-18-03; | ||||||
12 | revised 12-4-03.)
| ||||||
13 | Section 1005. The Illinois Vehicle Code is amended by | ||||||
14 | changing Sections 2-109.1, 2-123, 3-412, 3-413, 3-621, 3-622, | ||||||
15 | 3-623, 3-625, 3-806.3, 3-806.4, 3-814.4, 6-107, 6-108, 6-201, | ||||||
16 | 6-205.2, 6-208, 6-411, 6-500, 6-508, 11-208.3, 11-1201, | ||||||
17 | 11-1414, 12-603.1, 12-613, 15-301, 15-308.3, 16-104b, and | ||||||
18 | 18a-404 and by setting forth, renumbering, and changing | ||||||
19 | multiple versions of Sections 3-648, 3-653, and 3-654 as | ||||||
20 | follows:
| ||||||
21 | (625 ILCS 5/2-109.1)
| ||||||
22 | Sec. 2-109.1. Exchange of information.
| ||||||
23 | (a) The Secretary of State shall exchange information with | ||||||
24 | the Illinois
Department of Healthcare and Family Services
|
| |||||||
| |||||||
1 | Public Aid which may be necessary for
the establishment of
| ||||||
2 | paternity and the establishment, modification, and enforcement | ||||||
3 | of child
support orders pursuant to
the Illinois Public Aid | ||||||
4 | Code, the Illinois
Marriage and Dissolution of Marriage Act, | ||||||
5 | the Non-Support of
Spouse and Children Act, the Non-Support | ||||||
6 | Punishment Act, the Revised
Uniform Reciprocal Enforcement of | ||||||
7 | Support
Act, the Uniform Interstate Family Support
Act, or the | ||||||
8 | Illinois Parentage Act of 1984.
| ||||||
9 | (b) Notwithstanding any provisions in this Code to the
| ||||||
10 | contrary, the Secretary of State shall not be liable
to any | ||||||
11 | person for any disclosure of information to the
Department of | ||||||
12 | Healthcare and Family Services (formerly Illinois Department | ||||||
13 | of Public Aid ) under subsection (a)
or for any
other action | ||||||
14 | taken in good faith to comply with the requirements of
| ||||||
15 | subsection (a).
| ||||||
16 | (Source: P.A. 90-18, eff. 7-1-97; 91-613, eff. 7-1-00; revised | ||||||
17 | 12-15-05.)
| ||||||
18 | (625 ILCS 5/2-123) (from Ch. 95 1/2, par. 2-123)
| ||||||
19 | Sec. 2-123. Sale and Distribution of Information.
| ||||||
20 | (a) Except as otherwise provided in this Section, the | ||||||
21 | Secretary may make the
driver's license, vehicle and title | ||||||
22 | registration lists, in part or in whole,
and any statistical | ||||||
23 | information derived from these lists available to local
| ||||||
24 | governments, elected state officials, state educational | ||||||
25 | institutions, and all
other governmental units of the State and |
| |||||||
| |||||||
1 | Federal
Government
requesting them for governmental purposes. | ||||||
2 | The Secretary shall require any such
applicant for services to | ||||||
3 | pay for the costs of furnishing such services and the
use of | ||||||
4 | the equipment involved, and in addition is empowered to | ||||||
5 | establish prices
and charges for the services so furnished and | ||||||
6 | for the use of the electronic
equipment utilized.
| ||||||
7 | (b) The Secretary is further empowered to and he may, in | ||||||
8 | his discretion,
furnish to any applicant, other than listed in | ||||||
9 | subsection (a) of this Section,
vehicle or driver data on a | ||||||
10 | computer tape, disk, other electronic format or
computer | ||||||
11 | processable medium, or printout at a fixed fee of
$250 for | ||||||
12 | orders received before October 1, 2003 and $500 for orders | ||||||
13 | received
on or after October 1, 2003, in advance, and require | ||||||
14 | in addition a
further sufficient
deposit based upon the | ||||||
15 | Secretary of State's estimate of the total cost of the
| ||||||
16 | information requested and a charge of $25 for orders received | ||||||
17 | before October
1, 2003 and $50 for orders received on or after | ||||||
18 | October 1, 2003, per 1,000
units or part
thereof identified or | ||||||
19 | the actual cost, whichever is greater. The Secretary is
| ||||||
20 | authorized to refund any difference between the additional | ||||||
21 | deposit and the
actual cost of the request. This service shall | ||||||
22 | not be in lieu of an abstract
of a driver's record nor of a | ||||||
23 | title or registration search. This service may
be limited to | ||||||
24 | entities purchasing a minimum number of records as required by
| ||||||
25 | administrative rule. The information
sold pursuant to this | ||||||
26 | subsection shall be the entire vehicle or driver data
list, or |
| |||||||
| |||||||
1 | part thereof. The information sold pursuant to this subsection
| ||||||
2 | shall not contain personally identifying information unless | ||||||
3 | the information is
to be used for one of the purposes | ||||||
4 | identified in subsection (f-5) of this
Section. Commercial | ||||||
5 | purchasers of driver and vehicle record databases shall
enter | ||||||
6 | into a written agreement with the Secretary of State that | ||||||
7 | includes
disclosure of the commercial use of the information to | ||||||
8 | be purchased. | ||||||
9 | (b-1) The Secretary is further empowered to and may, in his | ||||||
10 | or her discretion, furnish vehicle or driver data on a computer | ||||||
11 | tape, disk, or other electronic format or computer processible | ||||||
12 | medium, at no fee, to any State or local governmental agency | ||||||
13 | that uses the information provided by the Secretary to transmit | ||||||
14 | data back to the Secretary that enables the Secretary to | ||||||
15 | maintain accurate driving records, including dispositions of | ||||||
16 | traffic cases. This information may be provided without fee not | ||||||
17 | more often than once every 6 months.
| ||||||
18 | (c) Secretary of State may issue registration lists. The | ||||||
19 | Secretary
of State shall compile and publish, at least | ||||||
20 | annually, a list of all registered
vehicles. Each list of | ||||||
21 | registered vehicles shall be arranged serially
according to the | ||||||
22 | registration numbers assigned to registered vehicles and
shall | ||||||
23 | contain in addition the names and addresses of registered | ||||||
24 | owners and
a brief description of each vehicle including the | ||||||
25 | serial or other
identifying number thereof. Such compilation | ||||||
26 | may be in such form as in the
discretion of the Secretary of |
| |||||||
| |||||||
1 | State may seem best for the purposes intended.
| ||||||
2 | (d) The Secretary of State shall furnish no more than 2 | ||||||
3 | current available
lists of such registrations to the sheriffs | ||||||
4 | of all counties and to the chiefs
of police of all cities and | ||||||
5 | villages and towns of 2,000 population and over
in this State | ||||||
6 | at no cost. Additional copies may be purchased by the sheriffs
| ||||||
7 | or chiefs of police at the fee
of $500 each or at the cost of | ||||||
8 | producing the list as determined
by the Secretary of State. | ||||||
9 | Such lists are to be used for governmental
purposes only.
| ||||||
10 | (e) (Blank).
| ||||||
11 | (e-1) (Blank).
| ||||||
12 | (f) The Secretary of State shall make a title or | ||||||
13 | registration search of the
records of his office and a written | ||||||
14 | report on the same for any person, upon
written application of | ||||||
15 | such person, accompanied by a fee of $5 for
each registration | ||||||
16 | or title search. The written application shall set forth
the | ||||||
17 | intended use of the requested information. No fee shall be | ||||||
18 | charged for a
title or
registration search, or for the | ||||||
19 | certification thereof requested by a government
agency. The | ||||||
20 | report of the title or registration search shall not contain
| ||||||
21 | personally identifying information unless the request for a | ||||||
22 | search was made for
one of the purposes identified in | ||||||
23 | subsection (f-5) of this Section. The report of the title or | ||||||
24 | registration search shall not contain highly
restricted | ||||||
25 | personal
information unless specifically authorized by this | ||||||
26 | Code.
|
| |||||||
| |||||||
1 | The Secretary of State shall certify a title or | ||||||
2 | registration record upon
written request. The fee for | ||||||
3 | certification shall be $5 in addition
to the fee required for a | ||||||
4 | title or registration search. Certification shall
be made under | ||||||
5 | the signature of the Secretary of State and shall be
| ||||||
6 | authenticated by Seal of the Secretary of State.
| ||||||
7 | The Secretary of State may notify the vehicle owner or | ||||||
8 | registrant of
the request for purchase of his title or | ||||||
9 | registration information as the
Secretary deems appropriate.
| ||||||
10 | No information shall be released to the requestor until | ||||||
11 | expiration of a
10 day period. This 10 day period shall not | ||||||
12 | apply to requests for
information made by law enforcement | ||||||
13 | officials, government agencies,
financial institutions, | ||||||
14 | attorneys, insurers, employers, automobile
associated | ||||||
15 | businesses, persons licensed as a private detective or firms
| ||||||
16 | licensed as a private detective agency under the Private | ||||||
17 | Detective, Private
Alarm, Private Security, and Locksmith Act | ||||||
18 | of 2004, who are employed by or are
acting on
behalf of law | ||||||
19 | enforcement officials, government agencies, financial
| ||||||
20 | institutions, attorneys, insurers, employers, automobile | ||||||
21 | associated businesses,
and other business entities for | ||||||
22 | purposes consistent with the Illinois Vehicle
Code, the vehicle | ||||||
23 | owner or registrant or other entities as the Secretary may
| ||||||
24 | exempt by rule and regulation.
| ||||||
25 | Any misrepresentation made by a requestor of title or | ||||||
26 | vehicle information
shall be punishable as a petty offense, |
| |||||||
| |||||||
1 | except in the case of persons
licensed as a private detective | ||||||
2 | or firms licensed as a private detective agency
which shall be | ||||||
3 | subject to disciplinary sanctions under Section 40-10 of the
| ||||||
4 | Private Detective, Private Alarm, Private Security, and | ||||||
5 | Locksmith Act of 2004.
| ||||||
6 | (f-5) The Secretary of State shall not disclose or | ||||||
7 | otherwise make
available to
any person or entity any personally | ||||||
8 | identifying information obtained by the
Secretary
of State in | ||||||
9 | connection with a driver's license, vehicle, or title | ||||||
10 | registration
record
unless the information is disclosed for one | ||||||
11 | of the following purposes:
| ||||||
12 | (1) For use by any government agency, including any | ||||||
13 | court or law
enforcement agency, in carrying out its | ||||||
14 | functions, or any private person or
entity acting on behalf | ||||||
15 | of a federal, State, or local agency in carrying out
its
| ||||||
16 | functions.
| ||||||
17 | (2) For use in connection with matters of motor vehicle | ||||||
18 | or driver safety
and theft; motor vehicle emissions; motor | ||||||
19 | vehicle product alterations, recalls,
or advisories; | ||||||
20 | performance monitoring of motor vehicles, motor vehicle | ||||||
21 | parts,
and dealers; and removal of non-owner records from | ||||||
22 | the original owner
records of motor vehicle manufacturers.
| ||||||
23 | (3) For use in the normal course of business by a | ||||||
24 | legitimate business or
its agents, employees, or | ||||||
25 | contractors, but only:
| ||||||
26 | (A) to verify the accuracy of personal information |
| |||||||
| |||||||
1 | submitted by
an individual to the business or its | ||||||
2 | agents, employees, or contractors;
and
| ||||||
3 | (B) if such information as so submitted is not | ||||||
4 | correct or is no
longer correct, to obtain the correct | ||||||
5 | information, but only for the
purposes of preventing | ||||||
6 | fraud by, pursuing legal remedies against, or
| ||||||
7 | recovering on a debt or security interest against, the | ||||||
8 | individual.
| ||||||
9 | (4) For use in research activities and for use in | ||||||
10 | producing statistical
reports, if the personally | ||||||
11 | identifying information is not published,
redisclosed, or | ||||||
12 | used to
contact individuals.
| ||||||
13 | (5) For use in connection with any civil, criminal, | ||||||
14 | administrative, or
arbitral proceeding in any federal, | ||||||
15 | State, or local court or agency or before
any
| ||||||
16 | self-regulatory body, including the service of process, | ||||||
17 | investigation in
anticipation of litigation, and the | ||||||
18 | execution or enforcement of judgments and
orders, or | ||||||
19 | pursuant to an order of a federal, State, or local court.
| ||||||
20 | (6) For use by any insurer or insurance support | ||||||
21 | organization or by a
self-insured entity or its agents, | ||||||
22 | employees, or contractors in connection with
claims | ||||||
23 | investigation activities, antifraud activities, rating, or | ||||||
24 | underwriting.
| ||||||
25 | (7) For use in providing notice to the owners of towed | ||||||
26 | or
impounded vehicles.
|
| |||||||
| |||||||
1 | (8) For use by any person licensed as a private | ||||||
2 | detective or firm licensed as a private
detective agency | ||||||
3 | under
the Private Detective, Private Alarm, Private | ||||||
4 | Security, and Locksmith Act of
1993, private investigative | ||||||
5 | agency or security service
licensed in Illinois for any | ||||||
6 | purpose permitted under this subsection.
| ||||||
7 | (9) For use by an employer or its agent or insurer to | ||||||
8 | obtain or verify
information relating to a holder of a | ||||||
9 | commercial driver's license that is
required under chapter | ||||||
10 | 313 of title 49 of the United States Code.
| ||||||
11 | (10) For use in connection with the operation of | ||||||
12 | private toll
transportation facilities.
| ||||||
13 | (11) For use by any requester, if the requester | ||||||
14 | demonstrates it has
obtained the written consent of the | ||||||
15 | individual to whom the information
pertains.
| ||||||
16 | (12) For use by members of the news media, as defined | ||||||
17 | in
Section 1-148.5, for the purpose of newsgathering when | ||||||
18 | the request relates to
the
operation of a motor vehicle or | ||||||
19 | public safety.
| ||||||
20 | (13) For any other use specifically authorized by law, | ||||||
21 | if that use is
related to the operation of a motor vehicle | ||||||
22 | or public safety. | ||||||
23 | (f-6) The Secretary of State shall not disclose or | ||||||
24 | otherwise make
available to any
person or entity any highly | ||||||
25 | restricted personal information obtained by the
Secretary of
| ||||||
26 | State in connection with a driver's license, vehicle, or
title |
| |||||||
| |||||||
1 | registration
record unless
specifically authorized by this | ||||||
2 | Code.
| ||||||
3 | (g) 1. The Secretary of State may, upon receipt of a | ||||||
4 | written request
and a fee of $6 before October 1, 2003 and | ||||||
5 | a fee of $12 on and after October
1, 2003, furnish to the | ||||||
6 | person or agency so requesting a
driver's record. Such | ||||||
7 | document may include a record of: current driver's
license | ||||||
8 | issuance information, except that the information on | ||||||
9 | judicial driving
permits shall be available only as | ||||||
10 | otherwise provided by this Code;
convictions; orders | ||||||
11 | entered revoking, suspending or cancelling a
driver's
| ||||||
12 | license or privilege; and notations of accident | ||||||
13 | involvement. All other
information, unless otherwise | ||||||
14 | permitted by
this Code, shall remain confidential. | ||||||
15 | Information released pursuant to a
request for a driver's | ||||||
16 | record shall not contain personally identifying
| ||||||
17 | information, unless the request for the driver's record was | ||||||
18 | made for one of the
purposes set forth in subsection (f-5) | ||||||
19 | of this Section.
| ||||||
20 | 2. The Secretary of State shall not disclose or | ||||||
21 | otherwise make available
to any
person or
entity any highly | ||||||
22 | restricted personal information obtained by the Secretary | ||||||
23 | of
State in
connection with a driver's license, vehicle, or | ||||||
24 | title
registration record
unless specifically
authorized | ||||||
25 | by this Code. The Secretary of State may certify an | ||||||
26 | abstract of a driver's record
upon written request |
| |||||||
| |||||||
1 | therefor. Such certification
shall be made under the | ||||||
2 | signature of the Secretary of State and shall be
| ||||||
3 | authenticated by the Seal of his office.
| ||||||
4 | 3. All requests for driving record information shall be | ||||||
5 | made in a manner
prescribed by the Secretary and shall set | ||||||
6 | forth the intended use of the
requested information.
| ||||||
7 | The Secretary of State may notify the affected driver | ||||||
8 | of the request
for purchase of his driver's record as the | ||||||
9 | Secretary deems appropriate.
| ||||||
10 | No information shall be released to the requester until | ||||||
11 | expiration of a
10 day period. This 10 day period shall not | ||||||
12 | apply to requests for information
made by law enforcement | ||||||
13 | officials, government agencies, financial institutions,
| ||||||
14 | attorneys, insurers, employers, automobile associated | ||||||
15 | businesses, persons
licensed as a private detective or | ||||||
16 | firms licensed as a private detective agency
under the | ||||||
17 | Private Detective, Private Alarm, Private Security, and | ||||||
18 | Locksmith Act
of 2004,
who are employed by or are acting on | ||||||
19 | behalf of law enforcement officials,
government agencies, | ||||||
20 | financial institutions, attorneys, insurers, employers,
| ||||||
21 | automobile associated businesses, and other business | ||||||
22 | entities for purposes
consistent with the Illinois Vehicle | ||||||
23 | Code, the affected driver or other
entities as the | ||||||
24 | Secretary may exempt by rule and regulation.
| ||||||
25 | Any misrepresentation made by a requestor of driver | ||||||
26 | information shall
be punishable as a petty offense, except |
| |||||||
| |||||||
1 | in the case of persons licensed as
a private detective or | ||||||
2 | firms licensed as a private detective agency which shall
be | ||||||
3 | subject to disciplinary sanctions under Section 40-10 of | ||||||
4 | the Private
Detective, Private Alarm, Private Security, | ||||||
5 | and Locksmith Act of 2004.
| ||||||
6 | 4. The Secretary of State may furnish without fee, upon | ||||||
7 | the written
request of a law enforcement agency, any | ||||||
8 | information from a driver's
record on file with the | ||||||
9 | Secretary of State when such information is required
in the | ||||||
10 | enforcement of this Code or any other law relating to the | ||||||
11 | operation
of motor vehicles, including records of | ||||||
12 | dispositions; documented
information involving the use of | ||||||
13 | a motor vehicle; whether such individual
has, or previously | ||||||
14 | had, a driver's license; and the address and personal
| ||||||
15 | description as reflected on said driver's record.
| ||||||
16 | 5. Except as otherwise provided in this Section, the | ||||||
17 | Secretary of
State may furnish, without fee, information | ||||||
18 | from an individual driver's
record on file, if a written | ||||||
19 | request therefor is submitted
by any public transit system | ||||||
20 | or authority, public defender, law enforcement
agency, a | ||||||
21 | state or federal agency, or an Illinois local | ||||||
22 | intergovernmental
association, if the request is for the | ||||||
23 | purpose of a background check of
applicants for employment | ||||||
24 | with the requesting agency, or for the purpose of
an | ||||||
25 | official investigation conducted by the agency, or to | ||||||
26 | determine a
current address for the driver so public funds |
| |||||||
| |||||||
1 | can be recovered or paid to
the driver, or for any other | ||||||
2 | purpose set forth in subsection (f-5)
of this Section.
| ||||||
3 | The Secretary may also furnish the courts a copy of an | ||||||
4 | abstract of a
driver's record, without fee, subsequent to | ||||||
5 | an arrest for a violation of
Section 11-501 or a similar | ||||||
6 | provision of a local ordinance. Such abstract
may include | ||||||
7 | records of dispositions; documented information involving
| ||||||
8 | the use of a motor vehicle as contained in the current | ||||||
9 | file; whether such
individual has, or previously had, a | ||||||
10 | driver's license; and the address and
personal description | ||||||
11 | as reflected on said driver's record.
| ||||||
12 | 6. Any certified abstract issued by the Secretary of | ||||||
13 | State or
transmitted electronically by the Secretary of | ||||||
14 | State pursuant to this
Section,
to a court or on request of | ||||||
15 | a law enforcement agency, for the record of a
named person | ||||||
16 | as to the status of the person's driver's license shall be
| ||||||
17 | prima facie evidence of the facts therein stated and if the | ||||||
18 | name appearing
in such abstract is the same as that of a | ||||||
19 | person named in an information or
warrant, such abstract | ||||||
20 | shall be prima facie evidence that the person named
in such | ||||||
21 | information or warrant is the same person as the person | ||||||
22 | named in
such abstract and shall be admissible for any | ||||||
23 | prosecution under this Code and
be admitted as proof of any | ||||||
24 | prior conviction or proof of records, notices, or
orders | ||||||
25 | recorded on individual driving records maintained by the | ||||||
26 | Secretary of
State.
|
| |||||||
| |||||||
1 | 7. Subject to any restrictions contained in the | ||||||
2 | Juvenile Court Act of
1987, and upon receipt of a proper | ||||||
3 | request and a fee of $6 before October 1,
2003 and a fee of | ||||||
4 | $12 on or after October 1, 2003, the
Secretary of
State | ||||||
5 | shall provide a driver's record to the affected driver, or | ||||||
6 | the affected
driver's attorney, upon verification. Such | ||||||
7 | record shall contain all the
information referred to in | ||||||
8 | paragraph 1 of this subsection (g) plus: any
recorded | ||||||
9 | accident involvement as a driver; information recorded | ||||||
10 | pursuant to
subsection (e) of Section 6-117 and paragraph | ||||||
11 | (4) of subsection (a) of
Section 6-204 of this Code. All | ||||||
12 | other information, unless otherwise permitted
by this | ||||||
13 | Code, shall remain confidential.
| ||||||
14 | (h) The Secretary shall not disclose social security | ||||||
15 | numbers or any associated information obtained from the Social | ||||||
16 | Security Administration except pursuant
to a written request | ||||||
17 | by, or with the prior written consent of, the
individual | ||||||
18 | except: (1) to officers and employees of the Secretary
who
have | ||||||
19 | a need to know the social security numbers in performance of | ||||||
20 | their
official duties, (2) to law enforcement officials for a | ||||||
21 | lawful, civil or
criminal law enforcement investigation, and if | ||||||
22 | the head of the law enforcement
agency has made a written | ||||||
23 | request to the Secretary specifying the law
enforcement | ||||||
24 | investigation for which the social security numbers are being
| ||||||
25 | sought, (3) to the United States Department of Transportation, | ||||||
26 | or any other
State, pursuant to the administration and |
| |||||||
| |||||||
1 | enforcement of the Commercial
Motor Vehicle Safety Act of 1986, | ||||||
2 | (4) pursuant to the order of a court
of competent jurisdiction, | ||||||
3 | or (5) to the Department of Healthcare and Family Services | ||||||
4 | (formerly Department of Public Aid ) for
utilization
in the | ||||||
5 | child support enforcement duties assigned to that Department | ||||||
6 | under
provisions of the Illinois Public Aid Code after the | ||||||
7 | individual has received advanced
meaningful notification of | ||||||
8 | what redisclosure is sought by the Secretary in
accordance with | ||||||
9 | the federal Privacy Act.
| ||||||
10 | (i) (Blank).
| ||||||
11 | (j) Medical statements or medical reports received in the | ||||||
12 | Secretary of
State's Office shall be confidential. No | ||||||
13 | confidential information may be
open to public inspection or | ||||||
14 | the contents disclosed to anyone, except
officers and employees | ||||||
15 | of the Secretary who have a need to know the information
| ||||||
16 | contained in the medical reports and the Driver License Medical | ||||||
17 | Advisory
Board, unless so directed by an order of a court of | ||||||
18 | competent jurisdiction.
| ||||||
19 | (k) All fees collected under this Section shall be paid | ||||||
20 | into the Road
Fund of the State Treasury, except that (i) for | ||||||
21 | fees collected before October
1, 2003, $3 of the $6 fee for a
| ||||||
22 | driver's record shall be paid into the Secretary of State | ||||||
23 | Special Services
Fund, (ii) for fees collected on and after | ||||||
24 | October 1, 2003, of the $12 fee
for a driver's record, $3 shall | ||||||
25 | be paid into the Secretary of State Special
Services Fund and | ||||||
26 | $6 shall be paid into the General Revenue Fund, and (iii) for
|
| |||||||
| |||||||
1 | fees collected on and after October 1, 2003, 50% of the amounts | ||||||
2 | collected
pursuant to subsection (b) shall be paid into the | ||||||
3 | General Revenue Fund.
| ||||||
4 | (l) (Blank).
| ||||||
5 | (m) Notations of accident involvement that may be disclosed | ||||||
6 | under this
Section shall not include notations relating to | ||||||
7 | damage to a vehicle or other
property being transported by a | ||||||
8 | tow truck. This information shall remain
confidential, | ||||||
9 | provided that nothing in this subsection (m) shall limit
| ||||||
10 | disclosure of any notification of accident involvement to any | ||||||
11 | law enforcement
agency or official.
| ||||||
12 | (n) Requests made by the news media for driver's license, | ||||||
13 | vehicle, or
title registration information may be furnished | ||||||
14 | without charge or at a reduced
charge, as determined by the | ||||||
15 | Secretary, when the specific purpose for
requesting the | ||||||
16 | documents is deemed to be in the public interest. Waiver or
| ||||||
17 | reduction of the fee is in the public interest if the principal | ||||||
18 | purpose of the
request is to access and disseminate information | ||||||
19 | regarding the health, safety,
and welfare or the legal rights | ||||||
20 | of the general public and is not for the
principal purpose of | ||||||
21 | gaining a personal or commercial benefit.
The information | ||||||
22 | provided pursuant to this subsection shall not contain
| ||||||
23 | personally identifying information unless the information is | ||||||
24 | to be used for one
of the
purposes identified in subsection | ||||||
25 | (f-5) of this Section.
| ||||||
26 | (o) The redisclosure of personally identifying information
|
| |||||||
| |||||||
1 | obtained
pursuant
to this Section is prohibited, except to the | ||||||
2 | extent necessary to effectuate the
purpose
for which the | ||||||
3 | original disclosure of the information was permitted.
| ||||||
4 | (p) The Secretary of State is empowered to adopt rules
to
| ||||||
5 | effectuate this Section.
| ||||||
6 | (Source: P.A. 93-32, eff. 7-1-03; 93-438, eff. 8-5-03; 93-895, | ||||||
7 | eff. 1-1-05; 94-56, eff. 6-17-05; revised 12-15-05.)
| ||||||
8 | (625 ILCS 5/3-412) (from Ch. 95 1/2, par. 3-412)
| ||||||
9 | Sec. 3-412. Registration plates and registration stickers | ||||||
10 | to be
furnished by the Secretary of State.
| ||||||
11 | (a) The Secretary of State upon registering a vehicle | ||||||
12 | subject to annual
registration for the first time shall issue | ||||||
13 | or shall cause to be issued to the
owner one registration plate | ||||||
14 | for a motorcycle, trailer, semitrailer, motorized
pedalcycle | ||||||
15 | or truck-tractor, 2 registration plates for other motor | ||||||
16 | vehicles
and, where applicable, current registration stickers | ||||||
17 | for motor vehicles of the
first division. The provisions of | ||||||
18 | this Section may be made applicable to such
vehicles of the | ||||||
19 | second division, as the Secretary of State may, from time to
| ||||||
20 | time, in his discretion designate. On subsequent annual | ||||||
21 | registrations
during the term of the registration plate as | ||||||
22 | provided in Section 3-414.1, the
Secretary shall issue or cause | ||||||
23 | to be issued registration stickers as evidence
of current | ||||||
24 | registration. However, the issuance of annual registration | ||||||
25 | stickers
to vehicles registered under the provisions of |
| |||||||
| |||||||
1 | Sections 3-402.1 and 3-405.3 of
this Code may not be required | ||||||
2 | if the Secretary deems the issuance unnecessary.
| ||||||
3 | (b) Every registration plate shall have displayed upon it | ||||||
4 | the registration
number assigned to the vehicle for which it is | ||||||
5 | issued, the name of this State,
which may be abbreviated, the | ||||||
6 | year number for which it was issued, which may
be abbreviated, | ||||||
7 | the phrase "Land of Lincoln" (except as otherwise provided in
| ||||||
8 | this Code), and such other letters or numbers as the Secretary
| ||||||
9 | may prescribe. However, for apportionment plates issued to | ||||||
10 | vehicles registered
under Section 3-402.1 and fleet plates | ||||||
11 | issued to vehicles registered under
Section 3-405.3, the phrase | ||||||
12 | "Land of Lincoln" may be omitted to allow for
the word | ||||||
13 | "apportioned", the word "fleet", or other similar language to | ||||||
14 | be
displayed. Registration plates issued to a vehicle | ||||||
15 | registered as a fleet
vehicle may display a designation | ||||||
16 | determined by the Secretary.
| ||||||
17 | The Secretary may in his discretion prescribe
that letters | ||||||
18 | be used as prefixes only on registration plates issued to | ||||||
19 | vehicles
of the first division which are registered under this | ||||||
20 | Code and only as suffixes
on registration plates issued to | ||||||
21 | other vehicles. Every registration sticker
issued as evidence | ||||||
22 | of current registration shall designate the year number
for | ||||||
23 | which it is issued and such other letters or numbers as the | ||||||
24 | Secretary may
prescribe and shall be of a contrasting color | ||||||
25 | with the registration plates and
registration stickers of the | ||||||
26 | previous year.
|
| |||||||
| |||||||
1 | (c) Each registration plate and the required letters and | ||||||
2 | numerals thereon,
except the year number for which issued, | ||||||
3 | shall be of sufficient size to be
plainly readable from a | ||||||
4 | distance of 100 feet during daylight, and shall be
coated with | ||||||
5 | reflectorizing material. The dimensions of the plate issued to
| ||||||
6 | vehicles of the first division shall be 6 by 12 inches.
| ||||||
7 | (d) The Secretary of State shall issue for every passenger | ||||||
8 | motor vehicle
rented without a driver the same type of | ||||||
9 | registration plates as the type of
plates issued for a private | ||||||
10 | passenger vehicle.
| ||||||
11 | (e) The Secretary of State shall issue for every passenger
| ||||||
12 | car used as a taxicab or livery, distinctive registration | ||||||
13 | plates.
| ||||||
14 | (f) The Secretary of State shall issue for every motorcycle
| ||||||
15 | distinctive registration plates distinguishing between
| ||||||
16 | motorcycles having 150 or more cubic centimeters piston
| ||||||
17 | displacement, or having less than 150 cubic centimeter
piston | ||||||
18 | displacement.
| ||||||
19 | (g) Registration plates issued to vehicles for-hire may
| ||||||
20 | display a designation as determined by the Secretary that
such | ||||||
21 | vehicles are for-hire.
| ||||||
22 | (h) The Secretary of State shall issue distinctive | ||||||
23 | registration plates for electric vehicles.
| ||||||
24 | (i) The Secretary of State shall issue for every public and | ||||||
25 | private
ambulance registration plates identifying the vehicle | ||||||
26 | as an ambulance.
The Secretary shall forward to the Department |
| |||||||
| |||||||
1 | of Healthcare and Family Services
Public Aid registration
| ||||||
2 | information for the purpose of verification of claims filed | ||||||
3 | with the
Department by ambulance owners for payment for | ||||||
4 | services to public assistance
recipients.
| ||||||
5 | (j) The Secretary of State shall issue for every public and | ||||||
6 | private
medical carrier or rescue vehicle livery registration | ||||||
7 | plates displaying
numbers within ranges of numbers reserved | ||||||
8 | respectively for medical carriers
and rescue vehicles. The | ||||||
9 | Secretary shall forward to the Department of Healthcare and | ||||||
10 | Family Services
Public
Aid registration information for the | ||||||
11 | purpose of verification of claims filed
with the Department by | ||||||
12 | owners of medical carriers or rescue vehicles for
payment for | ||||||
13 | services to public assistance recipients.
| ||||||
14 | (k) The Secretary of State shall issue distinctive license | ||||||
15 | plates or distinctive license plate stickers for every vehicle | ||||||
16 | exempted from subsection (a) of Section 12-503 by subsection | ||||||
17 | (g-5) of that Section. | ||||||
18 | (Source: P.A. 94-239, eff. 1-1-06; 94-564, eff. 8-12-05; | ||||||
19 | revised 12-15-05.)
| ||||||
20 | (625 ILCS 5/3-413) (from Ch. 95 1/2, par. 3-413)
| ||||||
21 | Sec. 3-413. Display of registration plates, registration | ||||||
22 | stickers
and drive-away permits.
| ||||||
23 | (a) Registration plates issued for a
motor vehicle other | ||||||
24 | than a motorcycle, trailer, semitrailer,
truck-tractor, | ||||||
25 | apportioned bus, or apportioned truck shall be attached
|
| |||||||
| |||||||
1 | thereto, one in the front and one in the
rear. The registration | ||||||
2 | plate issued for a motorcycle, trailer or
semitrailer required | ||||||
3 | to be registered hereunder and any apportionment
plate issued | ||||||
4 | to a bus under the provisions of this Code shall be attached
to | ||||||
5 | the rear thereof. The registration plate issued for a | ||||||
6 | truck-tractor or
an apportioned truck required to be registered | ||||||
7 | hereunder shall be
attached to the front thereof.
| ||||||
8 | (b) Every registration plate shall at all times be securely | ||||||
9 | fastened
in a horizontal position to the vehicle for which it | ||||||
10 | is issued so as to
prevent the plate from swinging and at a | ||||||
11 | height of not less than 5
inches from the ground, measuring | ||||||
12 | from the bottom of such plate, in a
place and position to be | ||||||
13 | clearly visible and shall be maintained in a
condition to be | ||||||
14 | clearly legible, free
from any materials that would obstruct | ||||||
15 | the visibility of the plate,
including, but not limited to, | ||||||
16 | glass covers and tinted plastic covers. Clear
plastic covers | ||||||
17 | are permissible as long as they remain clear and do not | ||||||
18 | obstruct
the visibility of the plates. Registration stickers | ||||||
19 | issued as
evidence of renewed annual registration shall be | ||||||
20 | attached to registration
plates as required by the Secretary of | ||||||
21 | State, and be clearly visible at
all times.
| ||||||
22 | (c) Every drive-away permit issued pursuant to this
Code | ||||||
23 | shall
be firmly attached to the motor vehicle in the manner | ||||||
24 | prescribed by the Secretary of State. If a drive-away permit is | ||||||
25 | affixed to a motor vehicle in any other manner the
permit shall | ||||||
26 | be void and of no effect.
|
| |||||||
| |||||||
1 | (d) The Illinois prorate decal issued to a foreign | ||||||
2 | registered
vehicle part of a fleet prorated or apportioned with | ||||||
3 | Illinois, shall be
displayed on a registration plate and | ||||||
4 | displayed on the front of such
vehicle in the same manner as an | ||||||
5 | Illinois registration plate.
| ||||||
6 | (e) The registration plate issued for a camper body mounted | ||||||
7 | on a
truck displaying registration plates shall be attached to | ||||||
8 | the rear of
the camper body.
| ||||||
9 | (f) No person shall operate a vehicle, nor permit the | ||||||
10 | operation of a
vehicle, upon which is displayed an Illinois | ||||||
11 | registration plate, plates
or registration stickers after the | ||||||
12 | termination of the registration
period for which issued or | ||||||
13 | after the expiration date set pursuant to
Sections 3-414 and | ||||||
14 | 3-414.1 of this Code.
| ||||||
15 | (Source: P.A. 92-668, eff. 1-1-03; 92-680, eff. 7-16-02; | ||||||
16 | revised 10-2-02.)
| ||||||
17 | (625 ILCS 5/3-621) (from Ch. 95 1/2, par. 3-621)
| ||||||
18 | Sec. 3-621. The Secretary, upon receipt of an application, | ||||||
19 | made in the
form prescribed by the Secretary of State, may | ||||||
20 | issue to
members of the Illinois
National Guard, and to | ||||||
21 | Illinois residents who are either former members of
the | ||||||
22 | Illinois National Guard or the surviving spouses of
Illinois | ||||||
23 | National Guard members, special registration plates. The | ||||||
24 | special
plates issued
pursuant to this Section shall be affixed | ||||||
25 | only to passenger vehicles of
the first division, motorcycles, |
| |||||||
| |||||||
1 | or motor vehicles of the second division
weighing not
more than | ||||||
2 | 8,000 pounds subject to the staggered registration system.
| ||||||
3 | The design and color of such plates shall be wholly within | ||||||
4 | the discretion of
the Secretary of State.
| ||||||
5 | (Source: P.A. 92-545, eff. 6-12-02; 92-699, 1-1-03; revised | ||||||
6 | 8-23-02.)
| ||||||
7 | (625 ILCS 5/3-622) (from Ch. 95 1/2, par. 3-622)
| ||||||
8 | Sec. 3-622. The Secretary, upon receipt of an application | ||||||
9 | made in the
form prescribed by the Secretary of State, may | ||||||
10 | issue to
members of the
United States Armed Forces Reserves who | ||||||
11 | reside in Illinois, and to Illinois
residents who are either | ||||||
12 | former members of the United States Armed Forces
Reserves or | ||||||
13 | the surviving spouses of United States Armed Forces Reserve
| ||||||
14 | members who resided in Illinois, special
registration plates. | ||||||
15 | The special plates issued pursuant to this Section
shall be | ||||||
16 | affixed only to passenger vehicles of the first division, | ||||||
17 | motorcycles,
or
motor vehicles of the second division weighing | ||||||
18 | not more than 8,000 pounds
subject
to the staggered | ||||||
19 | registration system. The design and color of such plates
shall | ||||||
20 | be wholly within the discretion of the Secretary of State.
| ||||||
21 | (Source: P.A. 92-545, eff. 6-12-02; 92-699, eff. 1-1-03; | ||||||
22 | revised 8-23-02.)
| ||||||
23 | (625 ILCS 5/3-623) (from Ch. 95 1/2, par. 3-623)
| ||||||
24 | Sec. 3-623. Purple Heart Plates. The Secretary, upon |
| |||||||
| |||||||
1 | receipt of an
application made in the form prescribed by the | ||||||
2 | Secretary of State, may
issue to recipients awarded the Purple | ||||||
3 | Heart by a branch of the armed
forces of the United States who | ||||||
4 | reside in Illinois,
special
registration plates. The | ||||||
5 | Secretary, upon receipt of the proper application | ||||||
6 | applications , may also issue these special registration plates | ||||||
7 | to an Illinois resident who is the surviving spouse of a person | ||||||
8 | who was killed in a foreign war and was awarded the Purple | ||||||
9 | Heart by a branch of the armed forces of the United States. The | ||||||
10 | special plates issued pursuant to this Section
should be | ||||||
11 | affixed only to passenger vehicles of the 1st division, | ||||||
12 | including
motorcycles, or motor
vehicles of the 2nd division | ||||||
13 | weighing not more than 8,000 pounds.
| ||||||
14 | The design and color of such plates shall be wholly within | ||||||
15 | the discretion
of the Secretary of State. Appropriate | ||||||
16 | documentation, as determined by the
Secretary, and the | ||||||
17 | appropriate registration fee shall
accompany the application.
| ||||||
18 | However, for an individual who has been issued Purple Heart | ||||||
19 | plates for a
vehicle and who has been approved for benefits | ||||||
20 | under the Senior Citizens and
Disabled Persons Property Tax | ||||||
21 | Relief and Pharmaceutical Assistance Act, the annual fee for
| ||||||
22 | the registration of the vehicle shall be as provided in Section | ||||||
23 | 3-806.3 of
this Code.
| ||||||
24 | (Source: P.A. 93-846, eff. 7-30-04; 94-93, eff. 1-1-06; 94-343, | ||||||
25 | eff. 1-1-06; revised 10-20-05.)
|
| |||||||
| |||||||
1 | (625 ILCS 5/3-625) (from Ch. 95 1/2, par. 3-625)
| ||||||
2 | Sec. 3-625. Pearl Harbor Plates. The Secretary, upon | ||||||
3 | receipt of an
application made in the form prescribed by the | ||||||
4 | Secretary of State, may
issue special registration plates to | ||||||
5 | any Illinois resident who, while a
member of the armed forces | ||||||
6 | of the United States, participated in the battle
of Pearl | ||||||
7 | Harbor on December 7, 1941, or to the widowed spouse of any | ||||||
8 | Illinois
resident who, while a member of the armed forces of | ||||||
9 | the United States,
participated in the battle of Pearl Harbor | ||||||
10 | on December 7, 1941, provided that
the widowed spouse was | ||||||
11 | married to the battle of Pearl Harbor participant at the
time | ||||||
12 | of the participant's death and is a single person at the time | ||||||
13 | of
application. The special plates issued pursuant to
this | ||||||
14 | Section should be affixed only to passenger vehicles of the 1st
| ||||||
15 | division, motorcycles, or motor vehicles of the 2nd division | ||||||
16 | weighing not more
than
8,000 pounds.
| ||||||
17 | The design and color of such plates shall be wholly within | ||||||
18 | the
discretion of the Secretary of State. Appropriate | ||||||
19 | documentation, as
determined by the Secretary, and the | ||||||
20 | appropriate registration
fee shall accompany the application.
| ||||||
21 | (Source: P.A. 92-545, eff. 6-12-02; 92-699, eff. 1-1-03; | ||||||
22 | revised 8-23-02.)
| ||||||
23 | (625 ILCS 5/3-648)
| ||||||
24 | Sec. 3-648. Education license plates.
| ||||||
25 | (a) The Secretary, upon receipt of an application made in |
| |||||||
| |||||||
1 | the form
prescribed by the Secretary, may issue special | ||||||
2 | registration plates designated
as Education license plates. | ||||||
3 | The special plates issued under this Section
shall be affixed | ||||||
4 | only to passenger vehicles of the first division and motor
| ||||||
5 | vehicles of the second division weighing not more than 8,000 | ||||||
6 | pounds. Plates
issued under this Section shall expire according | ||||||
7 | to the multi-year procedure
established by Section 3-414.1 of | ||||||
8 | this Code.
| ||||||
9 | (b) The design and color of the plates
shall be determined | ||||||
10 | by a contest that every elementary school pupil in the
State of | ||||||
11 | Illinois is eligible to enter. The designs submitted for the | ||||||
12 | contest
shall be judged on September 30, 2002, and the winning | ||||||
13 | design shall be selected
by a committee
composed of the | ||||||
14 | Secretary, the Director of State Police, 2 members of the
| ||||||
15 | Senate, one member chosen by the President of the Senate and | ||||||
16 | one member chosen
by the
Senate Minority Leader, and 2 members | ||||||
17 | of the House of Representatives, one
member chosen by the | ||||||
18 | Speaker of the House and one member chosen by the House
| ||||||
19 | Minority
Leader.
The
Secretary may allow the plates to be | ||||||
20 | issued as vanity or personalized plates
under Section 3-405.1 | ||||||
21 | of the Code. The Secretary shall prescribe stickers or
decals | ||||||
22 | as provided under Section 3-412 of this Code.
| ||||||
23 | (c) An applicant for the special plate shall be charged a | ||||||
24 | $40 fee for
original issuance,
in addition to the appropriate | ||||||
25 | registration fee.
Of this $40 additional original issuance fee, | ||||||
26 | $15 shall be deposited into the
Secretary of State Special
|
| |||||||
| |||||||
1 | License Plate Fund, to be used by the Secretary to help defray | ||||||
2 | the
administrative processing costs, and
$25 shall be deposited | ||||||
3 | into the Illinois Future Teacher Corps
Scholarship Fund.
For | ||||||
4 | each registration renewal period, a $40 fee, in addition to the
| ||||||
5 | appropriate registration fee, shall be charged.
Of this $40 | ||||||
6 | additional renewal fee, $2 shall be deposited into the | ||||||
7 | Secretary of
State Special License
Plate Fund and $38 shall be | ||||||
8 | deposited into the Illinois Future Teacher
Corps
Scholarship | ||||||
9 | Fund. Each
fiscal year, once deposits from the additional | ||||||
10 | original issuance and renewal
fees into the Secretary of State | ||||||
11 | Special License Plate Fund have reached
$500,000, all the | ||||||
12 | amounts received for the additional fees for the balance of
the | ||||||
13 | fiscal year shall be
deposited into the Illinois Future Teacher | ||||||
14 | Corps Scholarship Fund.
| ||||||
15 | (d) The Illinois Future Teacher Corps Scholarship Fund
is | ||||||
16 | created as a special fund in the State treasury. Ninety-five
| ||||||
17 | percent of the
moneys in the Illinois Future Teacher Corps | ||||||
18 | Scholarship Fund
shall be appropriated to the Illinois Student | ||||||
19 | Assistance
Commission for scholarships under Section 52 of the | ||||||
20 | Higher
Education Student Assistance Act, and 5% of the
moneys | ||||||
21 | in the Illinois Future Teacher Corps Scholarship Fund
shall be | ||||||
22 | appropriated to the State Board of Education for grants to the
| ||||||
23 | Golden Apple Foundation for Excellence in Teaching, a | ||||||
24 | recognized charitable
organization that
meets the requirements | ||||||
25 | of Title 26, Section 501(c)(3) of the United States
Code.
| ||||||
26 | (Source: P.A. 92-445, eff. 8-17-01; 92-651, eff. 7-11-02; |
| |||||||
| |||||||
1 | 92-845, eff.
1-1-03; 93-21, eff. 7-1-03.)
| ||||||
2 | (625 ILCS 5/3-653)
| ||||||
3 | Sec. 3-653. Pet Friendly license plates.
| ||||||
4 | (a) The Secretary, upon receipt of an application made in | ||||||
5 | the form
prescribed by the Secretary, may issue special | ||||||
6 | registration plates designated
as Pet Friendly license plates. | ||||||
7 | The special plates issued under this Section
shall be affixed | ||||||
8 | only to passenger vehicles of the first division, motor
| ||||||
9 | vehicles of the second division weighing not more than 8,000 | ||||||
10 | pounds, and
recreational vehicles as defined in Section 1-169 | ||||||
11 | of this Code. Plates
issued under this Section shall expire | ||||||
12 | according to the multi-year procedure
established by Section | ||||||
13 | 3-414.1 of this Code.
| ||||||
14 | (b) The design and color of the plates is wholly within the | ||||||
15 | discretion of
the Secretary, except that the phrase "I am pet | ||||||
16 | friendly" shall be on the
plates. The Secretary may allow the | ||||||
17 | plates to be issued as vanity plates or
personalized plates | ||||||
18 | under Section 3-405.1 of the Code. The Secretary shall
| ||||||
19 | prescribe stickers or decals as provided under Section 3-412 of | ||||||
20 | this Code.
| ||||||
21 | (c) An applicant for the special plate shall be charged a | ||||||
22 | $40 fee for
original issuance in addition to the appropriate | ||||||
23 | registration fee. Of this
additional fee, $25 shall be | ||||||
24 | deposited into the Pet Population Control
Fund and $15 shall be | ||||||
25 | deposited into the Secretary of State Special License
Plate |
| |||||||
| |||||||
1 | Fund, to be used by the Secretary to help defray the | ||||||
2 | administrative
processing costs.
| ||||||
3 | For each registration renewal period, a $27 fee, in | ||||||
4 | addition to the
appropriate registration fee, shall be charged. | ||||||
5 | Of this additional fee,
$25 shall be deposited into the Pet | ||||||
6 | Population Control Fund and $2 shall
be deposited into the | ||||||
7 | Secretary of State Special License Plate Fund.
| ||||||
8 | (Source: P.A. 94-639, eff. 8-22-05.)
| ||||||
9 | (625 ILCS 5/3-654)
| ||||||
10 | Sec. 3-654. Illinois Public Broadcasting System Stations
| ||||||
11 | special license
plates.
| ||||||
12 | (a) The Secretary, upon receipt of all applicable fees and | ||||||
13 | applications
made in the form prescribed by the Secretary, may | ||||||
14 | issue special registration
plates designated as Illinois | ||||||
15 | Public Broadcasting System Stations special
license
plates.
| ||||||
16 | The special plates issued under this Section shall be affixed | ||||||
17 | only to
passenger vehicles of the first division or motor | ||||||
18 | vehicles of the second
division weighing not more than 8,000 | ||||||
19 | pounds.
Plates issued under this Section shall expire according | ||||||
20 | to the multi-year
procedure established by Section 3-414.1 of | ||||||
21 | this Code.
| ||||||
22 | (b) The design and color of the special plates shall be | ||||||
23 | wholly within the
discretion of the Secretary.
The Secretary | ||||||
24 | may, in his or her discretion, allow the plates to be issued as
| ||||||
25 | vanity or personalized plates in accordance with Section |
| |||||||
| |||||||
1 | 3-405.1 of this Code.
The plates are not required to designate | ||||||
2 | "Land of Lincoln", as prescribed in
subsection (b) of Section | ||||||
3 | 3-412 of this Code. The Secretary, in his or her
discretion, | ||||||
4 | shall approve and prescribe stickers or decals as provided
| ||||||
5 | under Section 3-412.
| ||||||
6 | (c) An applicant for the special plate shall be charged a | ||||||
7 | $40
fee for
original issuance in addition to the appropriate | ||||||
8 | registration fee. Of this
fee, $25 shall be deposited into the | ||||||
9 | Public Broadcasting
Fund and $15
shall be deposited into the | ||||||
10 | Secretary of State Special License Plate Fund, to
be used by | ||||||
11 | the Secretary to help defray the administrative processing | ||||||
12 | costs.
| ||||||
13 | For each registration renewal period, a $27 fee, in | ||||||
14 | addition to the
appropriate registration fee, shall be charged. | ||||||
15 | Of this fee, $25 shall be
deposited into the
Public | ||||||
16 | Broadcasting
Fund and $2 shall be deposited
into the Secretary | ||||||
17 | of State Special License Plate Fund.
| ||||||
18 | (d) The Public Broadcasting Fund is created as a special | ||||||
19 | fund in the
State treasury. Subject to appropriation by the | ||||||
20 | General Assembly and approval
by the Secretary, the Secretary | ||||||
21 | shall pay
all moneys in the Public Broadcasting Fund
to the | ||||||
22 | various Public Broadcasting System stations in Illinois for | ||||||
23 | operating
costs.
| ||||||
24 | (Source: P.A. 92-695, eff. 1-1-03.)
| ||||||
25 | (625 ILCS 5/3-655)
|
| |||||||
| |||||||
1 | Sec. 3-655
3-648 . Hospice license plates.
| ||||||
2 | (a) The Secretary, upon receipt of an application made in | ||||||
3 | the form
prescribed by the Secretary, may issue special | ||||||
4 | registration plates designated
as Hospice license plates. The | ||||||
5 | special plates issued under this Section
shall be affixed only | ||||||
6 | to passenger vehicles of the first division and motor
vehicles | ||||||
7 | of the second division weighing not more than 8,000 pounds. | ||||||
8 | Plates
issued under this Section shall expire according to the | ||||||
9 | multi-year procedure
established by Section 3-414.1 of this | ||||||
10 | Code.
| ||||||
11 | (b) The color of the plates is wholly within the discretion | ||||||
12 | of
the Secretary. The design of the plates shall include the | ||||||
13 | word "Hospice" above
drawings of two lilies and a butterfly.
| ||||||
14 | The
Secretary may allow the plates to be issued as vanity | ||||||
15 | plates or personalized
under Section 3-405.1 of the Code. The | ||||||
16 | Secretary shall prescribe stickers or
decals as provided under | ||||||
17 | Section 3-412 of this Code.
| ||||||
18 | (c) An applicant for the special plate shall be charged a | ||||||
19 | $25 fee for
original issuance in addition to the appropriate | ||||||
20 | registration fee. Of this
fee, $10 shall be deposited into the | ||||||
21 | Hospice Fund and $15 shall be
deposited into the Secretary of | ||||||
22 | State Special License Plate Fund, to be used by
the Secretary | ||||||
23 | to help defray the administrative processing costs.
| ||||||
24 | For each registration renewal period, a $25 fee, in | ||||||
25 | addition to the
appropriate registration fee, shall be charged. | ||||||
26 | Of this fee, $23 shall be
deposited into the Hospice Fund and |
| |||||||
| |||||||
1 | $2 shall be deposited into the
Secretary of State Special | ||||||
2 | License Plate Fund.
| ||||||
3 | (d) The Hospice Fund is created as a special fund in the | ||||||
4 | State
treasury. All money in the Hospice Fund shall be paid, | ||||||
5 | subject to
appropriation by the General Assembly
and approval | ||||||
6 | by the Secretary, to the Department of Public Health for
| ||||||
7 | distribution as grants for hospice services as defined in the | ||||||
8 | Hospice Program
Licensing Act. The Director of Public Health | ||||||
9 | shall adopt rules for the
distribution of these grants.
| ||||||
10 | (Source: P.A. 92-693, eff. 1-1-03; revised 8-23-02.)
| ||||||
11 | (625 ILCS 5/3-656)
| ||||||
12 | Sec. 3-656
3-653 . Lewis and Clark Bicentennial license | ||||||
13 | plates.
| ||||||
14 | (a) In addition to any other special license plate, the | ||||||
15 | Secretary, upon
receipt of all applicable fees and applications | ||||||
16 | made in the form prescribed by
the Secretary of State, may | ||||||
17 | issue special registration plates designated as
Lewis and Clark | ||||||
18 | Bicentennial license plates to residents of Illinois. The
| ||||||
19 | special plate issued under this Section shall be affixed only | ||||||
20 | to passenger
vehicles of the first division, motor vehicles of | ||||||
21 | the second
division weighing not more than 8,000 pounds, and | ||||||
22 | recreational vehicles as
defined by Section 1-169 of this Code. | ||||||
23 | Plates issued under this Section shall
expire according to the | ||||||
24 | staggered multi-year procedure established by Section
3-414.1 | ||||||
25 | of this Code.
|
| |||||||
| |||||||
1 | (b) The Secretary of State shall confer with the Governor's | ||||||
2 | Illinois Lewis
and Clark Bicentennial Commission regarding the | ||||||
3 | design, color, and format of
the plates. The Secretary may, in | ||||||
4 | his or
her discretion, allow the plates to be issued as vanity | ||||||
5 | or personalized plates
in accordance with Section 3-405.1 of | ||||||
6 | this Code. The plates are not required
to designate "Land Of | ||||||
7 | Lincoln", as prescribed in subsection (b) of Section
3-412 of | ||||||
8 | this Code. The Secretary, in his or her discretion, shall | ||||||
9 | approve and
prescribe stickers or decals as provided under | ||||||
10 | Section 3-412.
| ||||||
11 | (c) An applicant shall be charged a $40 fee for original | ||||||
12 | issuance
in addition to the applicable registration fee. Of | ||||||
13 | this additional fee,
$15 shall be deposited into the Secretary | ||||||
14 | of State
Special License Plate Fund and $25 shall be deposited | ||||||
15 | into the Lewis and
Clark Bicentennial Fund. For each | ||||||
16 | registration renewal period, a $27 fee,
in addition to the | ||||||
17 | appropriate registration fee, shall be charged. Of this
| ||||||
18 | additional fee, $2 shall be deposited into the Secretary of | ||||||
19 | State Special
License Plate Fund and $25 shall be deposited | ||||||
20 | into the Lewis and Clark
Bicentennial Fund.
| ||||||
21 | (d) The Secretary of State shall issue special license | ||||||
22 | plates under this
Section on and before September 1, 2008. The | ||||||
23 | Secretary may not issue special
plates under this Section after | ||||||
24 | September 1, 2008.
| ||||||
25 | (e) The Lewis and Clark Bicentennial Fund is created as a | ||||||
26 | special fund
in the State treasury. All moneys in the Lewis and |
| |||||||
| |||||||
1 | Clark Bicentennial Fund
shall, subject to appropriation by the | ||||||
2 | General Assembly and approval by the
Secretary, be used by the | ||||||
3 | Department of Commerce and Economic Opportunity
Community | ||||||
4 | Affairs
to promote tourism and education related to the Lewis | ||||||
5 | and Clark Expedition and
for historic preservation purposes | ||||||
6 | related to the Expedition.
| ||||||
7 | The State Treasurer shall transfer any moneys remaining in | ||||||
8 | the Lewis and
Clark Bicentennial Fund on September 1, 2009 and | ||||||
9 | any moneys received for
deposit into that Fund on or after | ||||||
10 | September 1, 2009 into the Secretary of
State Special License | ||||||
11 | Plate Fund.
| ||||||
12 | (Source: P.A. 92-694, eff. 1-1-03; revised 10-15-03 .)
| ||||||
13 | (625 ILCS 5/3-657)
| ||||||
14 | Sec. 3-657
3-654 . Park District Youth Program license | ||||||
15 | plates.
| ||||||
16 | (a) In addition to any other special license
plate,
the | ||||||
17 | Secretary, upon receipt of all
applicable fees and applications | ||||||
18 | made in the form prescribed by the
Secretary of State, may | ||||||
19 | issue Park District Youth Program license plates. The
special | ||||||
20 | Park District Youth Program plate
issued under this
Section | ||||||
21 | shall be affixed only to passenger vehicles of the first | ||||||
22 | division and
motor vehicles of the second division weighing not | ||||||
23 | more than 8,000 pounds.
Plates issued under this Section shall | ||||||
24 | expire according to the staggered
multi-year procedure | ||||||
25 | established by Section 3-414.1 of this Code.
|
| |||||||
| |||||||
1 | (b) The design, color, and format of the plates shall be | ||||||
2 | wholly
within the discretion of the Secretary of State.
| ||||||
3 | Appropriate documentation, as determined by the Secretary, | ||||||
4 | must accompany each
application.
The Secretary,
in his or her | ||||||
5 | discretion, shall approve and prescribe
stickers
or decals as | ||||||
6 | provided under Section 3-412.
| ||||||
7 | (c) An applicant for the special plate shall be charged a | ||||||
8 | $40 fee for
original issuance in addition to the appropriate | ||||||
9 | registration fee. Of this
fee, $25 shall be deposited into the | ||||||
10 | Park District Youth Program Fund and $15
shall be
deposited | ||||||
11 | into the Secretary of State Special License Plate Fund, to be | ||||||
12 | used by
the Secretary to help defray the administrative | ||||||
13 | processing costs.
| ||||||
14 | For each registration renewal period, a $27 fee, in | ||||||
15 | addition to the
appropriate registration fee, shall be charged. | ||||||
16 | Of this fee, $25 shall be
deposited into the Park District | ||||||
17 | Youth Program Fund and $2 shall be deposited
into the
Secretary | ||||||
18 | of State Special License Plate Fund.
| ||||||
19 | (d) The Park District Youth Program Fund is created as a | ||||||
20 | special fund in the
State
treasury. All money in the Park | ||||||
21 | District Youth Program Fund shall be paid,
subject to
| ||||||
22 | appropriation by the General Assembly
and approval by the | ||||||
23 | Secretary, as grants to the Illinois Association
of Park | ||||||
24 | Districts, a not-for-profit corporation, for grants to park | ||||||
25 | districts
and recreation agencies providing innovative after | ||||||
26 | school programming for
Illinois youth.
|
| |||||||
| |||||||
1 | (Source: P.A. 92-697, eff. 7-19-02; revised 8-23-02.)
| ||||||
2 | (625 ILCS 5/3-658)
| ||||||
3 | Sec. 3-658
3-654 . Professional Sports Teams license | ||||||
4 | plates.
| ||||||
5 | (a) The Secretary, upon receipt of an application made in | ||||||
6 | the form
prescribed by the Secretary, may issue special | ||||||
7 | registration plates designated
as Professional Sports Teams | ||||||
8 | license plates. The special plates issued under
this Section
| ||||||
9 | shall be affixed only to passenger vehicles of the first | ||||||
10 | division and motor
vehicles of the second division weighing not | ||||||
11 | more than 8,000 pounds. Plates
issued under this Section shall | ||||||
12 | expire according to the multi-year procedure
established by | ||||||
13 | Section 3-414.1 of this Code.
| ||||||
14 | (b) The design and color of the plates is wholly within the | ||||||
15 | discretion of
the Secretary, except that the plates shall, | ||||||
16 | subject to the permission of the
applicable team owner, display | ||||||
17 | the logo of the Chicago Bears, the Chicago
Bulls, the Chicago | ||||||
18 | Blackhawks
Black Hawks , the Chicago Cubs, the
Chicago White | ||||||
19 | Sox, the St. Louis Rams, or the St. Louis Cardinals, at the
| ||||||
20 | applicant's option. The Secretary may allow the plates to be | ||||||
21 | issued as vanity
or personalized plates under Section 3-405.1 | ||||||
22 | of the Code. The Secretary shall
prescribe stickers or decals | ||||||
23 | as provided under Section 3-412 of this Code.
| ||||||
24 | (c) An applicant for the special plate shall be charged a | ||||||
25 | $40 fee for
original issuance in addition to the appropriate |
| |||||||
| |||||||
1 | registration fee. Of this
fee, $25 shall be deposited into the | ||||||
2 | Professional Sports Teams Education Fund
and $15 shall be | ||||||
3 | deposited into the Secretary of State Special License Plate
| ||||||
4 | Fund, to be used by the Secretary to help defray the | ||||||
5 | administrative processing
costs.
| ||||||
6 | For each registration renewal period, a $27 fee, in | ||||||
7 | addition to the
appropriate registration fee, shall be charged. | ||||||
8 | Of this fee, $25 shall be
deposited into the Professional | ||||||
9 | Sports Teams Education Fund and $2 shall be
deposited into the | ||||||
10 | Secretary of State Special License Plate Fund.
| ||||||
11 | (d) The Professional Sports Teams Education Fund is created | ||||||
12 | as a special
fund in the State treasury. All moneys in the | ||||||
13 | Professional Sports Teams
Education Fund shall, subject to | ||||||
14 | appropriation by the General Assembly and
approval by the | ||||||
15 | Secretary, be deposited every 6 months into the Common School
| ||||||
16 | Fund.
| ||||||
17 | (Source: P.A. 92-699, eff. 1-1-03; revised 10-28-02.)
| ||||||
18 | (625 ILCS 5/3-659)
| ||||||
19 | Sec. 3-659
3-654 . Pan Hellenic license plates.
| ||||||
20 | (a) The Secretary, upon receipt of all applicable fees and | ||||||
21 | applications made
in the
form prescribed by the Secretary, may | ||||||
22 | issue special registration plates
designated as
Pan Hellenic | ||||||
23 | license plates. The special plates issued under this Section | ||||||
24 | shall
be
affixed only to passenger vehicles of the first | ||||||
25 | division or motor vehicles of
the
second division weighing not |
| |||||||
| |||||||
1 | more than 8,000 pounds. Plates issued under this
Section shall | ||||||
2 | expire according to the multi-year procedure established by
| ||||||
3 | Section 3-414.1 of this Code.
| ||||||
4 | (b) The design and color of the special plates shall be | ||||||
5 | wholly within the
discretion
of the Secretary, except that an | ||||||
6 | emblem of a Pan Hellenic eligible member shall
be on the
plate. | ||||||
7 | Appropriate documentation, as determined by the Secretary, | ||||||
8 | shall
accompany each
application. The Secretary may, in his or | ||||||
9 | her discretion, allow the plates to
be issued as
vanity or | ||||||
10 | personalized plates in accordance with Section 3-405.1 of this | ||||||
11 | Code.
The plates
are not required to designate "Land of | ||||||
12 | Lincoln" as prescribed in subsection
(b)
of Section 3-412 of | ||||||
13 | this Code. The Secretary, in his or her discretion, may
| ||||||
14 | prescribe rules
governing the requirements and approval of the | ||||||
15 | special plates.
| ||||||
16 | (c) An applicant for the special plate shall be charged a | ||||||
17 | $40 fee for
original
issuance in addition to the appropriate | ||||||
18 | registration fee. Of this fee, $25
shall be deposited
into the | ||||||
19 | Illinois Pan Hellenic Trust Fund and $15 shall be deposited | ||||||
20 | into the
Secretary of
State Special License Plate Fund, to be | ||||||
21 | used by the Secretary to help defray
the
administrative | ||||||
22 | processing costs. For each registration renewal period, a $27
| ||||||
23 | fee, in
addition to the appropriate registration fee, shall be | ||||||
24 | charged. Of this fee,
$25 shall be
deposited into the Illinois | ||||||
25 | Pan Hellenic Trust Fund and $2 shall be deposited
into the
| ||||||
26 | Secretary of State Special License Plate Fund.
|
| |||||||
| |||||||
1 | (d) The Illinois Pan Hellenic Trust Fund is created as a | ||||||
2 | special fund in the
State
Treasury. The State Treasurer shall | ||||||
3 | create separate accounts within the
Illinois Pan
Hellenic Trust | ||||||
4 | Fund for each eligible member for which Pan Hellenic license
| ||||||
5 | plates have
been issued. Moneys in the Illinois Pan Hellenic | ||||||
6 | Trust Fund shall be allocated
to each
account in proportion to | ||||||
7 | the number of plates sold in regard to each fraternity
or | ||||||
8 | sorority.
All moneys in the Illinois Pan Hellenic Trust Fund | ||||||
9 | shall be distributed,
subject to
appropriation by the General | ||||||
10 | Assembly and approval by the Secretary, as grants
to the
| ||||||
11 | Illinois Alpha Kappa Alpha Charitable Foundation, Illinois | ||||||
12 | Delta Sigma Theta
Charitable
Foundation, Illinois Zeta Phi Beta | ||||||
13 | Charitable Foundation, Illinois Sigma Gamma
Rho
Charitable | ||||||
14 | Foundation, Illinois Alpha Phi Alpha Charitable Foundation, | ||||||
15 | Illinois
Omega
Psi Phi Charitable Foundation, Illinois Kappa | ||||||
16 | Alpha Psi Charitable Foundation,
Illinois
Phi Beta Sigma | ||||||
17 | Charitable Foundation, or
Illinois Iota Phi Theta Charitable | ||||||
18 | Foundation for charitable
purposes sponsored by the | ||||||
19 | African-American fraternity or sorority.
| ||||||
20 | (Source: P.A. 92-702, eff. 1-1-03; revised 8-23-02.)
| ||||||
21 | (625 ILCS 5/3-661)
| ||||||
22 | Sec. 3-661
3-653 . Illinois Route 66 license plates.
| ||||||
23 | (a) The Secretary, upon receipt of all applicable fees and | ||||||
24 | applications
made in the form prescribed by the Secretary, may | ||||||
25 | issue special registration
plates designated as
Illinois Route |
| |||||||
| |||||||
1 | 66
license plates.
The special plates issued under this Section | ||||||
2 | shall be affixed only to
passenger vehicles of the first | ||||||
3 | division or motor vehicles of the second
division weighing not | ||||||
4 | more than 8,000 pounds.
Plates issued under this Section shall | ||||||
5 | expire according to the multi-year
procedure established by | ||||||
6 | Section 3-414.1 of this Code.
| ||||||
7 | (b) The design and color of the special plates shall be | ||||||
8 | wholly within the
discretion of the Secretary.
The Secretary | ||||||
9 | may, in his or her discretion, allow the plates to be issued as
| ||||||
10 | vanity or personalized plates in accordance with Section | ||||||
11 | 3-405.1 of this Code.
The plates are not required to designate | ||||||
12 | "Land of Lincoln", as prescribed in
subsection (b) of Section | ||||||
13 | 3-412 of this Code. The Secretary, in his or her
discretion, | ||||||
14 | shall approve and prescribe stickers or decals as provided
| ||||||
15 | under Section 3-412.
| ||||||
16 | (c) An applicant for the special plate shall be charged a | ||||||
17 | $40
fee for
original issuance in addition to the appropriate | ||||||
18 | registration fee. Of this
fee, $25 shall be deposited into the | ||||||
19 | Illinois
Route 66 Heritage Project
Fund and $15
shall be | ||||||
20 | deposited into the Secretary of State Special License Plate | ||||||
21 | Fund, to
be used by the Secretary to help defray the | ||||||
22 | administrative processing costs.
| ||||||
23 | For each registration renewal period, a $27 fee, in | ||||||
24 | addition to the
appropriate registration fee, shall be charged. | ||||||
25 | Of this fee, $25 shall be
deposited into the Illinois
Route 66 | ||||||
26 | Heritage Project
Fund and $2 shall be deposited
into the |
| |||||||
| |||||||
1 | Secretary of State Special License Plate Fund.
| ||||||
2 | (d) The Illinois
Route 66 Heritage Project
Fund is created | ||||||
3 | as a special fund in the
State treasury.
Subject to | ||||||
4 | appropriation by the General Assembly and approval by the
| ||||||
5 | Secretary, Illinois Route 66 Heritage Project, Inc. shall use
| ||||||
6 | all moneys in the Illinois
Route 66 Heritage Project
Fund
for | ||||||
7 | the development of tourism, through education and | ||||||
8 | interpretation,
preservation, and promotion of the former U.S. | ||||||
9 | Route 66 in Illinois.
| ||||||
10 | (Source: P.A. 92-706, eff. 1-1-03; revised 8-23-02.)
| ||||||
11 | (625 ILCS 5/3-662)
| ||||||
12 | Sec. 3-662
3-654 . Stop Neuroblastoma license plates.
| ||||||
13 | (a) The Secretary, upon receipt of an application made in | ||||||
14 | the form
prescribed by the Secretary, may issue special | ||||||
15 | registration plates
designated as Stop Neuroblastoma license | ||||||
16 | plates. The special plates issued
under this Section shall be | ||||||
17 | affixed only to passenger vehicles of the first
division and | ||||||
18 | motor vehicles of the second division weighing not more than
| ||||||
19 | 8,000 pounds. Plates issued under this Section shall expire | ||||||
20 | according
to the multi-year procedure established by Section | ||||||
21 | 3-414.1 of this Code.
| ||||||
22 | (b) The design and color of the plates is wholly within the
| ||||||
23 | discretion of the Secretary, except that the following phrases | ||||||
24 | shall be on the
plates: (i) "Stop Neuroblastoma" and (ii) "Stop | ||||||
25 | Cancer". The Secretary may
allow the plates to be issued as |
| |||||||
| |||||||
1 | vanity plates or personalized under Section
3-405.1 of this | ||||||
2 | Code. The Secretary shall prescribe stickers or decals as
| ||||||
3 | provided under Section 3-412 of this Code.
| ||||||
4 | (c) An applicant for the special plate shall be charged a | ||||||
5 | $25 fee
for original issuance in addition to the appropriate | ||||||
6 | registration fee. Of
this fee, $10 shall be deposited into the | ||||||
7 | Stop Neuroblastoma Fund and $15
shall be deposited into the | ||||||
8 | Secretary of State Special License Plate Fund,
to be used by | ||||||
9 | the Secretary to help defray the administrative processing
| ||||||
10 | costs.
| ||||||
11 | For each registration renewal period, a $25 fee, in | ||||||
12 | addition to the
appropriate registration fee, shall be charged. | ||||||
13 | Of this fee, $23 shall be
deposited into the Stop Neuroblastoma | ||||||
14 | Fund and $2 shall be deposited into the
Secretary of State | ||||||
15 | Special License Plate Fund.
| ||||||
16 | (d) The Stop Neuroblastoma Fund is created as a special | ||||||
17 | fund in
the State treasury. All money in the Stop Neuroblastoma | ||||||
18 | Fund shall be paid,
subject to appropriation by the General | ||||||
19 | Assembly and approval by the
Secretary, as grants to the | ||||||
20 | American Cancer Society for neuroblastoma and
cancer research, | ||||||
21 | education, screening, and treatment.
| ||||||
22 | (Source: P.A. 92-711, eff. 7-19-02; revised 8-23-02.)
| ||||||
23 | (625 ILCS 5/3-806.3) (from Ch. 95 1/2, par. 3-806.3)
| ||||||
24 | Sec. 3-806.3. Senior Citizens.
Commencing with the 2004 | ||||||
25 | registration year and extending through the 2005 registration |
| |||||||
| |||||||
1 | year, the registration fee paid by
any vehicle owner who has | ||||||
2 | claimed and received a grant under the Senior
Citizens and | ||||||
3 | Disabled Persons Property Tax Relief and Pharmaceutical | ||||||
4 | Assistance
Act or who is the spouse of such a person shall be | ||||||
5 | $24 instead of the fee
otherwise provided in this Code for | ||||||
6 | passenger cars displaying standard
multi-year registration | ||||||
7 | plates issued under Section 3-414.1, motor vehicles
displaying | ||||||
8 | special registration plates issued under Section 3-616, 3-621,
| ||||||
9 | 3-622, 3-623, 3-624, 3-625, 3-626, 3-628, 3-638, 3-642, 3-645, | ||||||
10 | 3-647, 3-650, or
3-651, motor vehicles registered at 8,000 | ||||||
11 | pounds or less under Section
3-815(a), and recreational | ||||||
12 | vehicles registered at 8,000 pounds or less under
Section | ||||||
13 | 3-815(b). Widows and widowers of claimants shall also be | ||||||
14 | entitled to
this reduced registration fee for the registration | ||||||
15 | year in which the claimant
was eligible. | ||||||
16 | Commencing with the 2006 registration year, the | ||||||
17 | registration fee paid by
any vehicle owner who has been | ||||||
18 | approved for benefits under the Senior
Citizens and Disabled | ||||||
19 | Persons Property Tax Relief and Pharmaceutical Assistance
Act | ||||||
20 | or who is the spouse of such a person shall be $24 instead of | ||||||
21 | the fee
otherwise provided in this Code for passenger cars | ||||||
22 | displaying standard
multi-year registration plates issued | ||||||
23 | under Section 3-414.1, motor vehicles
displaying special | ||||||
24 | registration plates issued under Section 3-616, 3-621,
3-622, | ||||||
25 | 3-623, 3-624, 3-625, 3-626, 3-628, 3-638, 3-642, 3-645, 3-647, | ||||||
26 | 3-650, or
3-651, motor vehicles registered at 8,000 pounds or |
| |||||||
| |||||||
1 | less under Section
3-815(a), and recreational vehicles | ||||||
2 | registered at 8,000 pounds or less under
Section 3-815(b). | ||||||
3 | Widows and widowers of claimants shall also be entitled to
this | ||||||
4 | reduced registration fee for the registration year in which the | ||||||
5 | claimant
was eligible.
| ||||||
6 | Commencing with the 2006 registration year, the | ||||||
7 | registration fee paid by
any vehicle owner who has claimed and | ||||||
8 | received a grant under the Senior
Citizens and Disabled Persons | ||||||
9 | Property Tax Relief and Pharmaceutical Assistance
Act or who is | ||||||
10 | the spouse of such a person shall be $24 instead of the fee
| ||||||
11 | otherwise provided in this Code for passenger cars displaying | ||||||
12 | standard
multi-year registration plates issued under Section | ||||||
13 | 3-414.1, motor vehicles
displaying special registration plates | ||||||
14 | issued under Section 3-607, 3-616, 3-621,
3-622, 3-623, 3-624, | ||||||
15 | 3-625, 3-626, 3-628, 3-638, 3-642, 3-645, 3-647, 3-650, or
| ||||||
16 | 3-651, or 3-806.4, motor vehicles registered at 8,000 pounds or | ||||||
17 | less under Section
3-815(a), and recreational vehicles | ||||||
18 | registered at 8,000 pounds or less under
Section 3-815(b). | ||||||
19 | Widows and widowers of claimants shall also be entitled to
this | ||||||
20 | reduced registration fee for the registration year in which the | ||||||
21 | claimant
was eligible.
| ||||||
22 | No more than one reduced registration fee under this | ||||||
23 | Section shall be
allowed during any 12 month period based on | ||||||
24 | the primary eligibility of any
individual, whether such reduced | ||||||
25 | registration fee is allowed to the
individual or to the spouse, | ||||||
26 | widow or widower of such individual. This
Section does not |
| |||||||
| |||||||
1 | apply to the fee paid in addition to the registration fee
for | ||||||
2 | motor vehicles displaying vanity or special license
plates.
| ||||||
3 | (Source: P.A. 92-651, eff. 7-11-02; 92-699, eff. 1-1-03; | ||||||
4 | 93-846, eff. 7-30-04; 93-849, eff. 1-1-05; 93-937, eff. 1-1-05; | ||||||
5 | revised 1-17-05.)
| ||||||
6 | (625 ILCS 5/3-806.4) (from Ch. 95 1/2, par. 3-806.4)
| ||||||
7 | Sec. 3-806.4. Gold Star recipients. Commencing with the | ||||||
8 | 1991
registration year and through the 2006 registration year, | ||||||
9 | upon proper application, the Secretary of State shall
issue one | ||||||
10 | pair of registration plates to any Illinois resident, who as | ||||||
11 | the
surviving widow or widower, or in the absence thereof, as | ||||||
12 | the surviving
parent, is awarded the Gold Star by the United | ||||||
13 | States in recognition of
spouses or children who served in the | ||||||
14 | Armed Forces of the United States and
lost their lives while in | ||||||
15 | service whether in peacetime or war. Commencing with the 2007 | ||||||
16 | registration year, upon proper application, the Secretary of | ||||||
17 | State shall
issue one pair of registration plates to any | ||||||
18 | Illinois resident, who as the
surviving widow, widower,
or | ||||||
19 | parent, is awarded the Gold Star by the United States in | ||||||
20 | recognition of
spouses or children who served in the Armed | ||||||
21 | Forces of the United States and
lost their lives while in | ||||||
22 | service whether in peacetime or war. If the parent
no longer | ||||||
23 | survives, the Secretary of State shall issue the plates to a
| ||||||
24 | surviving sibling, of the person who served in the Armed | ||||||
25 | Forces, who is an
Illinois resident. No more than
one set of |
| |||||||
| |||||||
1 | plates shall be issued for each Gold Star awarded, and only one
| ||||||
2 | surviving parent, or in the absence of a surviving parent, only | ||||||
3 | one surviving
sibling shall be issued a set of registration | ||||||
4 | plates, except for
those surviving parents who, as recipients | ||||||
5 | of the Gold Star, have legally
separated or divorced, in which | ||||||
6 | case each surviving parent shall be allowed
one set of | ||||||
7 | registration plates. Registration plates issued under this
| ||||||
8 | Section shall be for first division vehicles and second | ||||||
9 | division vehicles
of 8,000 pounds or less. Through the 2006 | ||||||
10 | registration year, an applicant shall be charged a $15 fee for | ||||||
11 | the
original issuance in addition to the appropriate | ||||||
12 | registration fee which
shall be deposited into the Road Fund to | ||||||
13 | help defray the administrative
processing costs. Beginning | ||||||
14 | with the 2007 registration year, an applicant shall be charged | ||||||
15 | only the appropriate registration fee.
| ||||||
16 | (Source: P.A. 93-140, eff. 1-1-04; 94-311, eff. 1-1-06; 94-343, | ||||||
17 | eff. 1-1-06; revised 8-19-05.)
| ||||||
18 | (625 ILCS 5/3-814.4)
| ||||||
19 | Sec. 3-814.4 .
Registration of fleet vehicles. The | ||||||
20 | Secretary may issue fleet
vehicle registration plates to owners | ||||||
21 | of vehicle fleets registered in
accordance with Section 3-405.3 | ||||||
22 | of this Code in bulk before plates are assigned
to specific | ||||||
23 | vehicles. A registration plate may not be displayed on a | ||||||
24 | vehicle,
however, until the plate has been activated on the | ||||||
25 | Secretary's registration
file and the proper fee has been |
| |||||||
| |||||||
1 | forwarded to the Secretary.
| ||||||
2 | (Source: P.A. 92-629, eff. 7-1-03; revised 9-21-06.)
| ||||||
3 | (625 ILCS 5/6-107) (from Ch. 95 1/2, par. 6-107)
| ||||||
4 | (Text of Section before amendment by P.A. 94-916 )
| ||||||
5 | Sec. 6-107. Graduated license.
| ||||||
6 | (a) The purpose of the Graduated
Licensing Program is to | ||||||
7 | develop safe and mature driving habits in young,
inexperienced | ||||||
8 | drivers and reduce or prevent motor vehicle accidents,
| ||||||
9 | fatalities,
and injuries by:
| ||||||
10 | (1) providing for an increase in the time of practice | ||||||
11 | period before
granting
permission to obtain a driver's | ||||||
12 | license;
| ||||||
13 | (2) strengthening driver licensing and testing | ||||||
14 | standards for persons under
the age of 21 years;
| ||||||
15 | (3) sanctioning driving privileges of drivers under | ||||||
16 | age 21 who have
committed serious traffic violations or | ||||||
17 | other specified offenses; and
| ||||||
18 | (4) setting stricter standards to promote the public's | ||||||
19 | health and
safety.
| ||||||
20 | (b) The application of any person under
the age of 18 | ||||||
21 | years, and not legally emancipated by marriage, for a drivers
| ||||||
22 | license or permit to operate a motor vehicle issued under the | ||||||
23 | laws of this
State, shall be accompanied by the written consent | ||||||
24 | of either parent of the
applicant; otherwise by the guardian | ||||||
25 | having custody of the applicant, or
in the event there is no |
| |||||||
| |||||||
1 | parent or guardian, then by another responsible adult. The | ||||||
2 | written consent must accompany any application for a driver's | ||||||
3 | license under this subsection (b), regardless of whether or not | ||||||
4 | the required written consent also accompanied the person's | ||||||
5 | previous application for an instruction permit.
| ||||||
6 | No graduated driver's license shall be issued to any | ||||||
7 | applicant under 18
years
of age, unless the applicant is at | ||||||
8 | least 16 years of age and has:
| ||||||
9 | (1) Held a valid instruction permit for a minimum of 3 | ||||||
10 | months.
| ||||||
11 | (2) Passed an approved driver education course
and | ||||||
12 | submits proof of having passed the course as may
be | ||||||
13 | required.
| ||||||
14 | (3) Certification by the parent, legal guardian, or | ||||||
15 | responsible adult that
the applicant has had a minimum of | ||||||
16 | 50 hours of behind-the-wheel practice time, at least 10 | ||||||
17 | hours of which have been at night,
and is sufficiently | ||||||
18 | prepared and able to safely operate a motor vehicle.
| ||||||
19 | (c) No graduated driver's license or permit shall be issued | ||||||
20 | to
any applicant under 18
years of age who has committed the | ||||||
21 | offense of operating a motor vehicle
without a valid license or | ||||||
22 | permit in violation of Section 6-101 of this Code
and no | ||||||
23 | graduated driver's
license or permit shall be issued to any | ||||||
24 | applicant under 18 years of age
who has committed an offense | ||||||
25 | that would otherwise result in a
mandatory revocation of a | ||||||
26 | license or permit as provided in Section 6-205 of
this Code or |
| |||||||
| |||||||
1 | who has been either convicted of or adjudicated a delinquent | ||||||
2 | based
upon a violation of the Cannabis Control Act, the | ||||||
3 | Illinois Controlled
Substances Act, or the Methamphetamine | ||||||
4 | Control and Community Protection Act while that individual was | ||||||
5 | in actual physical control of a motor
vehicle. For purposes of | ||||||
6 | this Section, any person placed on probation under
Section 10 | ||||||
7 | of the Cannabis Control Act, Section 410 of the Illinois
| ||||||
8 | Controlled Substances Act, or Section 70 of the Methamphetamine | ||||||
9 | Control and Community Protection Act shall not be considered | ||||||
10 | convicted. Any person found
guilty of this offense, while in | ||||||
11 | actual physical control of a motor vehicle,
shall have an entry | ||||||
12 | made in the court record by the judge that this offense did
| ||||||
13 | occur while the person was in actual physical control of a | ||||||
14 | motor vehicle and
order the clerk of the court to report the | ||||||
15 | violation to the Secretary of State
as such.
| ||||||
16 | (d) No graduated driver's license shall be issued for 6 | ||||||
17 | months to any
applicant
under
the
age of 18 years who has been | ||||||
18 | convicted of any offense defined as a serious
traffic violation | ||||||
19 | in this Code or
a similar provision of a local ordinance.
| ||||||
20 | (e) No graduated driver's license holder under the age
of | ||||||
21 | 18 years shall operate any
motor vehicle, except a motor driven | ||||||
22 | cycle or motorcycle, with
more than one passenger in the front | ||||||
23 | seat of the motor vehicle
and no more passengers in the back | ||||||
24 | seats than the number of available seat
safety belts as set | ||||||
25 | forth in Section 12-603 of this Code.
| ||||||
26 | (f) No graduated driver's license holder under the age of |
| |||||||
| |||||||
1 | 18 shall operate a
motor vehicle unless each driver and | ||||||
2 | passenger under the
age of 19 is wearing a properly adjusted | ||||||
3 | and fastened seat safety belt and each child under the age of 8 | ||||||
4 | is protected as required under the Child Passenger Protection | ||||||
5 | Act.
| ||||||
6 | (g) If a graduated driver's license holder is under the age | ||||||
7 | of 18 when he
or she receives the license, for the first 6 | ||||||
8 | months he or she holds the license
or
until he or she reaches | ||||||
9 | the age of 18, whichever occurs sooner, the graduated
license
| ||||||
10 | holder may not operate a motor vehicle with more than one | ||||||
11 | passenger in the
vehicle
who is under the age of 20, unless any | ||||||
12 | additional passenger or passengers are
siblings, | ||||||
13 | step-siblings, children, or stepchildren of the driver.
| ||||||
14 | (Source: P.A. 93-101, eff. 1-1-04; 93-788, eff. 1-1-05; 94-239, | ||||||
15 | eff. 1-1-06; 94-241, eff. 1-1-06; 94-556, eff. 9-11-05; 94-897, | ||||||
16 | eff. 6-22-06.)
| ||||||
17 | (Text of Section after amendment by P.A. 94-916 ) | ||||||
18 | Sec. 6-107. Graduated license.
| ||||||
19 | (a) The purpose of the Graduated
Licensing Program is to | ||||||
20 | develop safe and mature driving habits in young,
inexperienced | ||||||
21 | drivers and reduce or prevent motor vehicle accidents,
| ||||||
22 | fatalities,
and injuries by:
| ||||||
23 | (1) providing for an increase in the time of practice | ||||||
24 | period before
granting
permission to obtain a driver's | ||||||
25 | license;
|
| |||||||
| |||||||
1 | (2) strengthening driver licensing and testing | ||||||
2 | standards for persons under
the age of 21 years;
| ||||||
3 | (3) sanctioning driving privileges of drivers under | ||||||
4 | age 21 who have
committed serious traffic violations or | ||||||
5 | other specified offenses; and
| ||||||
6 | (4) setting stricter standards to promote the public's | ||||||
7 | health and
safety.
| ||||||
8 | (b) The application of any person under
the age of 18 | ||||||
9 | years, and not legally emancipated by marriage, for a drivers
| ||||||
10 | license or permit to operate a motor vehicle issued under the | ||||||
11 | laws of this
State, shall be accompanied by the written consent | ||||||
12 | of either parent of the
applicant; otherwise by the guardian | ||||||
13 | having custody of the applicant, or
in the event there is no | ||||||
14 | parent or guardian, then by another responsible adult. The | ||||||
15 | written consent must accompany any application for a driver's | ||||||
16 | license under this subsection (b), regardless of whether or not | ||||||
17 | the required written consent also accompanied the person's | ||||||
18 | previous application for an instruction permit.
| ||||||
19 | No graduated driver's license shall be issued to any | ||||||
20 | applicant under 18
years
of age, unless the applicant is at | ||||||
21 | least 16 years of age and has:
| ||||||
22 | (1) Held a valid instruction permit for a minimum of 3 | ||||||
23 | months.
| ||||||
24 | (2) Passed an approved driver education course
and | ||||||
25 | submits proof of having passed the course as may
be | ||||||
26 | required.
|
| |||||||
| |||||||
1 | (3) Certification by the parent, legal guardian, or | ||||||
2 | responsible adult that
the applicant has had a minimum of | ||||||
3 | 50 hours of behind-the-wheel practice time, at least 10 | ||||||
4 | hours of which have been at night,
and is sufficiently | ||||||
5 | prepared and able to safely operate a motor vehicle.
| ||||||
6 | (b-1) No graduated
driver's license shall be issued to any | ||||||
7 | applicant who is under 18 years of age
and not legally | ||||||
8 | emancipated by marriage, unless the applicant has graduated
| ||||||
9 | from a secondary school of this State or any other state, is | ||||||
10 | enrolled in a
course leading to a general educational | ||||||
11 | development (GED) certificate, has
obtained a GED certificate, | ||||||
12 | is enrolled in an elementary or secondary school or college or | ||||||
13 | university
of this State or any other state and is not a | ||||||
14 | chronic or habitual truant as provided in Section 26-2a of the | ||||||
15 | School Code, or is receiving home instruction and submits proof | ||||||
16 | of meeting any of those
requirements at the time of | ||||||
17 | application.
| ||||||
18 | An applicant under 18 years of age who provides proof | ||||||
19 | acceptable to the Secretary that the applicant has resumed | ||||||
20 | regular school attendance or home instruction or that his or | ||||||
21 | her application was denied in error shall be eligible to | ||||||
22 | receive a graduated license if other requirements are met. The | ||||||
23 | Secretary shall adopt rules for implementing this subsection | ||||||
24 | (b-1).
| ||||||
25 | (c) No graduated driver's license or permit shall be issued | ||||||
26 | to
any applicant under 18
years of age who has committed the |
| |||||||
| |||||||
1 | offense of operating a motor vehicle
without a valid license or | ||||||
2 | permit in violation of Section 6-101 of this Code
and no | ||||||
3 | graduated driver's
license or permit shall be issued to any | ||||||
4 | applicant under 18 years of age
who has committed an offense | ||||||
5 | that would otherwise result in a
mandatory revocation of a | ||||||
6 | license or permit as provided in Section 6-205 of
this Code or | ||||||
7 | who has been either convicted of or adjudicated a delinquent | ||||||
8 | based
upon a violation of the Cannabis Control Act, the | ||||||
9 | Illinois Controlled
Substances Act, or the Methamphetamine | ||||||
10 | Control and Community Protection Act while that individual was | ||||||
11 | in actual physical control of a motor
vehicle. For purposes of | ||||||
12 | this Section, any person placed on probation under
Section 10 | ||||||
13 | of the Cannabis Control Act, Section 410 of the Illinois
| ||||||
14 | Controlled Substances Act, or Section 70 of the Methamphetamine | ||||||
15 | Control and Community Protection Act shall not be considered | ||||||
16 | convicted. Any person found
guilty of this offense, while in | ||||||
17 | actual physical control of a motor vehicle,
shall have an entry | ||||||
18 | made in the court record by the judge that this offense did
| ||||||
19 | occur while the person was in actual physical control of a | ||||||
20 | motor vehicle and
order the clerk of the court to report the | ||||||
21 | violation to the Secretary of State
as such.
| ||||||
22 | (d) No graduated driver's license shall be issued for 6 | ||||||
23 | months to any
applicant
under
the
age of 18 years who has been | ||||||
24 | convicted of any offense defined as a serious
traffic violation | ||||||
25 | in this Code or
a similar provision of a local ordinance.
| ||||||
26 | (e) No graduated driver's license holder under the age
of |
| |||||||
| |||||||
1 | 18 years shall operate any
motor vehicle, except a motor driven | ||||||
2 | cycle or motorcycle, with
more than one passenger in the front | ||||||
3 | seat of the motor vehicle
and no more passengers in the back | ||||||
4 | seats than the number of available seat
safety belts as set | ||||||
5 | forth in Section 12-603 of this Code.
| ||||||
6 | (f) No graduated driver's license holder under the age of | ||||||
7 | 18 shall operate a
motor vehicle unless each driver and | ||||||
8 | passenger under the
age of 19 is wearing a properly adjusted | ||||||
9 | and fastened seat safety belt and each child under the age of 8 | ||||||
10 | is protected as required under the Child Passenger Protection | ||||||
11 | Act.
| ||||||
12 | (g) If a graduated driver's license holder is under the age | ||||||
13 | of 18 when he
or she receives the license, for the first 6 | ||||||
14 | months he or she holds the license
or
until he or she reaches | ||||||
15 | the age of 18, whichever occurs sooner, the graduated
license
| ||||||
16 | holder may not operate a motor vehicle with more than one | ||||||
17 | passenger in the
vehicle
who is under the age of 20, unless any | ||||||
18 | additional passenger or passengers are
siblings, | ||||||
19 | step-siblings, children, or stepchildren of the driver.
| ||||||
20 | (Source: P.A. 93-101, eff. 1-1-04; 93-788, eff. 1-1-05; 94-239, | ||||||
21 | eff. 1-1-06; 94-241, eff. 1-1-06; 94-556, eff. 9-11-05; 94-897, | ||||||
22 | eff. 6-22-06; 94-916, eff. 7-1-07; revised 8-3-06.)
| ||||||
23 | (625 ILCS 5/6-108) (from Ch. 95 1/2, par. 6-108)
| ||||||
24 | (Text of Section before amendment by P.A. 94-916 )
| ||||||
25 | Sec. 6-108. Cancellation of license issued to minor.
|
| |||||||
| |||||||
1 | (a) The Secretary of State shall cancel the license or | ||||||
2 | permit of any minor
under the age of 18 years in any of the | ||||||
3 | following events:
| ||||||
4 | 1. Upon the verified written request of the person who | ||||||
5 | consented to the
application of the minor that the license | ||||||
6 | or
permit be cancelled;
| ||||||
7 | 2. Upon receipt of satisfactory evidence of the death | ||||||
8 | of the person who
consented to the application of the | ||||||
9 | minor;
| ||||||
10 | 3. Upon receipt of satisfactory evidence that the | ||||||
11 | person who consented
to the application of a minor no | ||||||
12 | longer has legal custody of the
minor.
| ||||||
13 | After cancellation, the Secretary of State shall not issue | ||||||
14 | a new
license or permit until the applicant meets the | ||||||
15 | provisions of Section
6-107 of this Code.
| ||||||
16 | (b) The Secretary of State shall cancel the license or | ||||||
17 | permit of any
person under the age of 18 years if he or she is | ||||||
18 | convicted of violating
the Cannabis Control Act, the Illinois
| ||||||
19 | Controlled Substances Act, or the Methamphetamine Control and | ||||||
20 | Community Protection Act while that person was in actual | ||||||
21 | physical
control of a motor vehicle.
For purposes of this | ||||||
22 | Section, any person placed on probation under Section
10 of the | ||||||
23 | Cannabis Control Act, Section 410 of the Illinois Controlled
| ||||||
24 | Substances Act, or Section 70 of the Methamphetamine Control | ||||||
25 | and Community Protection Act shall not be considered convicted.
| ||||||
26 | Any person found guilty of this offense,
while in actual |
| |||||||
| |||||||
1 | physical control of a motor vehicle, shall have an entry
made | ||||||
2 | in the court record by the judge that this offense did occur
| ||||||
3 | while the person was in actual physical control of a motor | ||||||
4 | vehicle and
order the clerk of the court to report the | ||||||
5 | violation to the Secretary of
State as such. After the | ||||||
6 | cancellation, the Secretary of State
shall not issue a new | ||||||
7 | license or permit for a period of one year after the
date of | ||||||
8 | cancellation or until the minor attains the age of 18 years,
| ||||||
9 | whichever is longer.
However, upon application, the Secretary | ||||||
10 | of State
may, if satisfied that the person applying will not | ||||||
11 | endanger the public
safety, or welfare, issue a restricted | ||||||
12 | driving permit granting the
privilege of driving a motor | ||||||
13 | vehicle between the person's residence and
person's place of | ||||||
14 | employment or within the scope of the person's employment | ||||||
15 | related
duties, or to allow transportation for
the person or a | ||||||
16 | household member of the person's family for the receipt of
| ||||||
17 | necessary medical care or, if the professional evaluation | ||||||
18 | indicates,
provide transportation for the petitioner for | ||||||
19 | alcohol remedial or
rehabilitative activity, or for the person | ||||||
20 | to attend classes, as a student,
in an accredited educational | ||||||
21 | institution; if the person is able to
demonstrate that no | ||||||
22 | alternative means of transportation is reasonably
available; | ||||||
23 | provided that the Secretary's discretion shall be limited to
| ||||||
24 | cases where undue hardship would result from a failure to issue | ||||||
25 | such
restricted driving permit. In each case the Secretary of | ||||||
26 | State may issue
a restricted driving permit for a period as he
|
| |||||||
| |||||||
1 | deems appropriate,
except that the permit shall expire within | ||||||
2 | one year from the date of
issuance. A restricted driving permit | ||||||
3 | issued hereunder shall be subject to
cancellation, revocation, | ||||||
4 | and suspension by the Secretary of State in like
manner and for | ||||||
5 | like cause as a driver's license issued hereunder may be
| ||||||
6 | cancelled, revoked, or suspended; except that a conviction upon | ||||||
7 | one or more
offenses against laws or ordinances regulating the | ||||||
8 | movement of traffic
shall be deemed sufficient cause for the | ||||||
9 | revocation, suspension, or
cancellation of a restricted | ||||||
10 | driving permit. The Secretary of State may,
as a condition to | ||||||
11 | the issuance of a restricted driving permit, require the
| ||||||
12 | applicant to participate in a driver remedial or rehabilitative
| ||||||
13 | program.
Thereafter, upon reapplication for a license as
| ||||||
14 | provided in Section 6-106 of this Code or a permit as provided | ||||||
15 | in Section
6-105 of this Code and upon payment of the | ||||||
16 | appropriate application fee, the
Secretary of State shall issue | ||||||
17 | the applicant a license as provided in Section
6-106 of this | ||||||
18 | Code or shall issue the applicant a permit as provided in | ||||||
19 | Section 6-105.
| ||||||
20 | (Source: P.A. 94-556, eff. 9-11-05.)
| ||||||
21 | (Text of Section after amendment by P.A. 94-916 ) | ||||||
22 | Sec. 6-108. Cancellation of license issued to minor.
| ||||||
23 | (a) The Secretary of State shall cancel the license or | ||||||
24 | permit of any minor
under the age of 18 years in any of the | ||||||
25 | following events:
|
| |||||||
| |||||||
1 | 1. Upon the verified written request of the person who | ||||||
2 | consented to the
application of the minor that the license | ||||||
3 | or
permit be cancelled;
| ||||||
4 | 2. Upon receipt of satisfactory evidence of the death | ||||||
5 | of the person who
consented to the application of the | ||||||
6 | minor;
| ||||||
7 | 3. Upon receipt of satisfactory evidence that the | ||||||
8 | person who consented
to the application of a minor no | ||||||
9 | longer has legal custody of the
minor;
| ||||||
10 | 4. Upon
receipt of information, submitted on a form | ||||||
11 | prescribed by the Secretary of State
under Section 26-3a of | ||||||
12 | the School Code and provided voluntarily by
nonpublic | ||||||
13 | schools, that a license-holding minor no longer meets the | ||||||
14 | school
attendance requirements defined in Section 6-107 of | ||||||
15 | this Code.
| ||||||
16 | A minor who provides proof acceptable to the Secretary | ||||||
17 | that the minor has resumed regular school attendance or | ||||||
18 | home instruction or that his or her license or permit was | ||||||
19 | cancelled in error shall have his or her license | ||||||
20 | reinstated. The Secretary shall adopt rules for | ||||||
21 | implementing this subdivision (a)4.
| ||||||
22 | After cancellation, the Secretary of State shall not issue | ||||||
23 | a new
license or permit until the applicant meets the | ||||||
24 | provisions of Section
6-107 of this Code.
| ||||||
25 | (b) The Secretary of State shall cancel the license or | ||||||
26 | permit of any
person under the age of 18 years if he or she is |
| |||||||
| |||||||
1 | convicted of violating
the Cannabis Control Act, the Illinois
| ||||||
2 | Controlled Substances Act, or the Methamphetamine Control and | ||||||
3 | Community Protection Act while that person was in actual | ||||||
4 | physical
control of a motor vehicle.
For purposes of this | ||||||
5 | Section, any person placed on probation under Section
10 of the | ||||||
6 | Cannabis Control Act, Section 410 of the Illinois Controlled
| ||||||
7 | Substances Act, or Section 70 of the Methamphetamine Control | ||||||
8 | and Community Protection Act shall not be considered convicted.
| ||||||
9 | Any person found guilty of this offense,
while in actual | ||||||
10 | physical control of a motor vehicle, shall have an entry
made | ||||||
11 | in the court record by the judge that this offense did occur
| ||||||
12 | while the person was in actual physical control of a motor | ||||||
13 | vehicle and
order the clerk of the court to report the | ||||||
14 | violation to the Secretary of
State as such. After the | ||||||
15 | cancellation, the Secretary of State
shall not issue a new | ||||||
16 | license or permit for a period of one year after the
date of | ||||||
17 | cancellation or until the minor attains the age of 18 years,
| ||||||
18 | whichever is longer.
However, upon application, the Secretary | ||||||
19 | of State
may, if satisfied that the person applying will not | ||||||
20 | endanger the public
safety, or welfare, issue a restricted | ||||||
21 | driving permit granting the
privilege of driving a motor | ||||||
22 | vehicle between the person's residence and
person's place of | ||||||
23 | employment or within the scope of the person's employment | ||||||
24 | related
duties, or to allow transportation for
the person or a | ||||||
25 | household member of the person's family for the receipt of
| ||||||
26 | necessary medical care or, if the professional evaluation |
| |||||||
| |||||||
1 | indicates,
provide transportation for the petitioner for | ||||||
2 | alcohol remedial or
rehabilitative activity, or for the person | ||||||
3 | to attend classes, as a student,
in an accredited educational | ||||||
4 | institution; if the person is able to
demonstrate that no | ||||||
5 | alternative means of transportation is reasonably
available; | ||||||
6 | provided that the Secretary's discretion shall be limited to
| ||||||
7 | cases where undue hardship would result from a failure to issue | ||||||
8 | such
restricted driving permit. In each case the Secretary of | ||||||
9 | State may issue
a restricted driving permit for a period as he
| ||||||
10 | deems appropriate,
except that the permit shall expire within | ||||||
11 | one year from the date of
issuance. A restricted driving permit | ||||||
12 | issued hereunder shall be subject to
cancellation, revocation, | ||||||
13 | and suspension by the Secretary of State in like
manner and for | ||||||
14 | like cause as a driver's license issued hereunder may be
| ||||||
15 | cancelled, revoked, or suspended; except that a conviction upon | ||||||
16 | one or more
offenses against laws or ordinances regulating the | ||||||
17 | movement of traffic
shall be deemed sufficient cause for the | ||||||
18 | revocation, suspension, or
cancellation of a restricted | ||||||
19 | driving permit. The Secretary of State may,
as a condition to | ||||||
20 | the issuance of a restricted driving permit, require the
| ||||||
21 | applicant to participate in a driver remedial or rehabilitative
| ||||||
22 | program.
Thereafter, upon reapplication for a license as
| ||||||
23 | provided in Section 6-106 of this Code or a permit as provided | ||||||
24 | in Section
6-105 of this Code and upon payment of the | ||||||
25 | appropriate application fee, the
Secretary of State shall issue | ||||||
26 | the applicant a license as provided in Section
6-106 of this |
| |||||||
| |||||||
1 | Code or shall issue the applicant a permit as provided in | ||||||
2 | Section 6-105.
| ||||||
3 | (Source: P.A. 94-556, eff. 9-11-05; 94-916, eff. 7-1-07; | ||||||
4 | revised 8-3-06.)
| ||||||
5 | (625 ILCS 5/6-201) (from Ch. 95 1/2, par. 6-201)
| ||||||
6 | (Text of Section before amendment by P.A. 94-916 )
| ||||||
7 | Sec. 6-201. Authority to cancel licenses and permits.
| ||||||
8 | (a) The Secretary of State is authorized to cancel any | ||||||
9 | license or permit
upon determining that the holder thereof:
| ||||||
10 | 1. was not entitled to the issuance thereof hereunder; | ||||||
11 | or
| ||||||
12 | 2. failed to give the required or correct information | ||||||
13 | in his
application; or
| ||||||
14 | 3. failed to pay any fees, civil penalties owed to the | ||||||
15 | Illinois Commerce
Commission, or taxes due under this Act | ||||||
16 | and upon reasonable notice and demand;
or
| ||||||
17 | 4. committed any fraud in the making of such | ||||||
18 | application; or
| ||||||
19 | 5. is ineligible therefor under the provisions of | ||||||
20 | Section 6-103 of this
Act, as amended; or
| ||||||
21 | 6. has refused or neglected to submit an alcohol, drug, | ||||||
22 | and
intoxicating compound evaluation or to
submit to | ||||||
23 | examination or re-examination as required under this Act; | ||||||
24 | or
| ||||||
25 | 7. has been convicted of violating the Cannabis Control |
| |||||||
| |||||||
1 | Act,
the
Illinois Controlled Substances Act, the | ||||||
2 | Methamphetamine Control and Community Protection Act, or | ||||||
3 | the Use of Intoxicating Compounds
Act while that individual | ||||||
4 | was in actual physical
control of a motor vehicle. For | ||||||
5 | purposes of this Section, any person placed on
probation | ||||||
6 | under Section 10 of the Cannabis Control Act, Section 410 | ||||||
7 | of the
Illinois Controlled Substances Act, or Section 70 of | ||||||
8 | the Methamphetamine Control and Community Protection Act | ||||||
9 | shall not be considered convicted. Any
person found guilty | ||||||
10 | of this offense, while in actual physical control of a
| ||||||
11 | motor vehicle, shall have an entry made in the court record | ||||||
12 | by the
judge that this offense did occur while the person | ||||||
13 | was in actual
physical control of a motor vehicle and order | ||||||
14 | the clerk of the court to report
the violation to the | ||||||
15 | Secretary of State as such. After the cancellation, the
| ||||||
16 | Secretary of State shall not issue a new license or permit | ||||||
17 | for a period of one
year after the date of cancellation. | ||||||
18 | However, upon application, the Secretary
of State may, if | ||||||
19 | satisfied that the person applying will not endanger the
| ||||||
20 | public safety, or welfare, issue a restricted driving | ||||||
21 | permit granting the
privilege of driving a motor vehicle | ||||||
22 | between the person's residence and
person's place of | ||||||
23 | employment or within the scope of the person's employment
| ||||||
24 | related duties, or to allow transportation for
the person | ||||||
25 | or a household member of the person's family for the | ||||||
26 | receipt of
necessary medical care or, if the professional |
| |||||||
| |||||||
1 | evaluation indicates,
provide transportation for the | ||||||
2 | petitioner for alcohol remedial or
rehabilitative | ||||||
3 | activity, or for the person to attend classes, as a | ||||||
4 | student,
in an accredited educational institution; if the | ||||||
5 | person is able to
demonstrate that no alternative means of | ||||||
6 | transportation is reasonably
available; provided that the | ||||||
7 | Secretary's discretion shall be limited to
cases where | ||||||
8 | undue hardship would result from a failure to issue such
| ||||||
9 | restricted driving permit. In each case the Secretary of | ||||||
10 | State may issue
such restricted driving permit for such | ||||||
11 | period as he deems appropriate,
except that such permit | ||||||
12 | shall expire within one year from the date of
issuance. A | ||||||
13 | restricted driving permit issued hereunder shall be | ||||||
14 | subject to
cancellation, revocation and suspension by the | ||||||
15 | Secretary of State in like
manner and for like cause as a | ||||||
16 | driver's license issued hereunder may be
cancelled, | ||||||
17 | revoked or suspended; except that a conviction upon one or | ||||||
18 | more
offenses against laws or ordinances regulating the | ||||||
19 | movement of traffic
shall be deemed sufficient cause for | ||||||
20 | the revocation, suspension or
cancellation of a restricted | ||||||
21 | driving permit. The Secretary of State may,
as a condition | ||||||
22 | to the issuance of a restricted driving permit, require the
| ||||||
23 | applicant to participate in a driver remedial or | ||||||
24 | rehabilitative
program; or
| ||||||
25 | 8. failed to submit a report as required by Section | ||||||
26 | 6-116.5 of this
Code; or
|
| |||||||
| |||||||
1 | 9. has been convicted of a sex offense as defined in | ||||||
2 | the Sex Offender Registration Act. The driver's license | ||||||
3 | shall remain cancelled until the driver registers as a sex | ||||||
4 | offender as required by the Sex Offender Registration Act, | ||||||
5 | proof of the registration is furnished to the Secretary of | ||||||
6 | State and the sex offender provides proof of current | ||||||
7 | address to the Secretary.
| ||||||
8 | (b) Upon such cancellation the licensee or permittee must | ||||||
9 | surrender the
license or permit so cancelled to the Secretary | ||||||
10 | of State.
| ||||||
11 | (c) Except as provided in Sections 6-206.1 and 7-702.1,
the | ||||||
12 | Secretary of State
shall have exclusive authority to grant, | ||||||
13 | issue, deny, cancel, suspend and
revoke driving privileges, | ||||||
14 | drivers' licenses and restricted driving permits.
| ||||||
15 | (d) The Secretary of State may adopt rules to implement | ||||||
16 | this Section.
| ||||||
17 | (Source: P.A. 94-556, eff. 9-11-05; 94-993, eff. 1-1-07.)
| ||||||
18 | (Text of Section after amendment by P.A. 94-916 ) | ||||||
19 | Sec. 6-201. Authority to cancel licenses and permits.
| ||||||
20 | (a) The Secretary of State is authorized to cancel any | ||||||
21 | license or permit
upon determining that the holder thereof:
| ||||||
22 | 1. was not entitled to the issuance thereof hereunder; | ||||||
23 | or
| ||||||
24 | 2. failed to give the required or correct information | ||||||
25 | in his
application; or
|
| |||||||
| |||||||
1 | 3. failed to pay any fees, civil penalties owed to the | ||||||
2 | Illinois Commerce
Commission, or taxes due under this Act | ||||||
3 | and upon reasonable notice and demand;
or
| ||||||
4 | 4. committed any fraud in the making of such | ||||||
5 | application; or
| ||||||
6 | 5. is ineligible therefor under the provisions of | ||||||
7 | Section 6-103 of this
Act, as amended; or
| ||||||
8 | 6. has refused or neglected to submit an alcohol, drug, | ||||||
9 | and
intoxicating compound evaluation or to
submit to | ||||||
10 | examination or re-examination as required under this Act; | ||||||
11 | or
| ||||||
12 | 7. has been convicted of violating the Cannabis Control | ||||||
13 | Act,
the
Illinois Controlled Substances Act, the | ||||||
14 | Methamphetamine Control and Community Protection Act, or | ||||||
15 | the Use of Intoxicating Compounds
Act while that individual | ||||||
16 | was in actual physical
control of a motor vehicle. For | ||||||
17 | purposes of this Section, any person placed on
probation | ||||||
18 | under Section 10 of the Cannabis Control Act, Section 410 | ||||||
19 | of the
Illinois Controlled Substances Act, or Section 70 of | ||||||
20 | the Methamphetamine Control and Community Protection Act | ||||||
21 | shall not be considered convicted. Any
person found guilty | ||||||
22 | of this offense, while in actual physical control of a
| ||||||
23 | motor vehicle, shall have an entry made in the court record | ||||||
24 | by the
judge that this offense did occur while the person | ||||||
25 | was in actual
physical control of a motor vehicle and order | ||||||
26 | the clerk of the court to report
the violation to the |
| |||||||
| |||||||
1 | Secretary of State as such. After the cancellation, the
| ||||||
2 | Secretary of State shall not issue a new license or permit | ||||||
3 | for a period of one
year after the date of cancellation. | ||||||
4 | However, upon application, the Secretary
of State may, if | ||||||
5 | satisfied that the person applying will not endanger the
| ||||||
6 | public safety, or welfare, issue a restricted driving | ||||||
7 | permit granting the
privilege of driving a motor vehicle | ||||||
8 | between the person's residence and
person's place of | ||||||
9 | employment or within the scope of the person's employment
| ||||||
10 | related duties, or to allow transportation for
the person | ||||||
11 | or a household member of the person's family for the | ||||||
12 | receipt of
necessary medical care or, if the professional | ||||||
13 | evaluation indicates,
provide transportation for the | ||||||
14 | petitioner for alcohol remedial or
rehabilitative | ||||||
15 | activity, or for the person to attend classes, as a | ||||||
16 | student,
in an accredited educational institution; if the | ||||||
17 | person is able to
demonstrate that no alternative means of | ||||||
18 | transportation is reasonably
available; provided that the | ||||||
19 | Secretary's discretion shall be limited to
cases where | ||||||
20 | undue hardship would result from a failure to issue such
| ||||||
21 | restricted driving permit. In each case the Secretary of | ||||||
22 | State may issue
such restricted driving permit for such | ||||||
23 | period as he deems appropriate,
except that such permit | ||||||
24 | shall expire within one year from the date of
issuance. A | ||||||
25 | restricted driving permit issued hereunder shall be | ||||||
26 | subject to
cancellation, revocation and suspension by the |
| |||||||
| |||||||
1 | Secretary of State in like
manner and for like cause as a | ||||||
2 | driver's license issued hereunder may be
cancelled, | ||||||
3 | revoked or suspended; except that a conviction upon one or | ||||||
4 | more
offenses against laws or ordinances regulating the | ||||||
5 | movement of traffic
shall be deemed sufficient cause for | ||||||
6 | the revocation, suspension or
cancellation of a restricted | ||||||
7 | driving permit. The Secretary of State may,
as a condition | ||||||
8 | to the issuance of a restricted driving permit, require the
| ||||||
9 | applicant to participate in a driver remedial or | ||||||
10 | rehabilitative
program; or
| ||||||
11 | 8. failed to submit a report as required by Section | ||||||
12 | 6-116.5 of this
Code; or
| ||||||
13 | 9. has been convicted of a sex offense as defined in | ||||||
14 | the Sex Offender Registration Act. The driver's license | ||||||
15 | shall remain cancelled until the driver registers as a sex | ||||||
16 | offender as required by the Sex Offender Registration Act, | ||||||
17 | proof of the registration is furnished to the Secretary of | ||||||
18 | State and the sex offender provides proof of current | ||||||
19 | address to the Secretary ; or .
| ||||||
20 | 10.
9. is ineligible for a license or permit under | ||||||
21 | Section 6-107, 6-107.1, or
6-108 of this Code.
| ||||||
22 | (b) Upon such cancellation the licensee or permittee must | ||||||
23 | surrender the
license or permit so cancelled to the Secretary | ||||||
24 | of State.
| ||||||
25 | (c) Except as provided in Sections 6-206.1 and 7-702.1,
the | ||||||
26 | Secretary of State
shall have exclusive authority to grant, |
| |||||||
| |||||||
1 | issue, deny, cancel, suspend and
revoke driving privileges, | ||||||
2 | drivers' licenses and restricted driving permits.
| ||||||
3 | (d) The Secretary of State may adopt rules to implement | ||||||
4 | this Section.
| ||||||
5 | (Source: P.A. 94-556, eff. 9-11-05; 94-916, eff. 7-1-07; | ||||||
6 | 94-993, eff. 1-1-07; revised 8-3-06.) | ||||||
7 | (625 ILCS 5/6-205.2)
| ||||||
8 | Sec. 6-205.2. Suspension of driver's license of person | ||||||
9 | convicted of theft of motor fuel. The driver's license of a | ||||||
10 | person convicted of theft of motor fuel under Section 16K-15
| ||||||
11 | 16J-15 of the Criminal Code of 1961 shall be suspended by the | ||||||
12 | Secretary for a period not to exceed 6 months for a first | ||||||
13 | offense. Upon a second or subsequent conviction for theft of | ||||||
14 | motor fuel, the suspension shall be for a period not to exceed | ||||||
15 | one year. Upon conviction of a person for theft of motor fuel, | ||||||
16 | the court shall order the person to surrender his or her | ||||||
17 | driver's license to the clerk of the court who shall forward | ||||||
18 | the suspended license to the Secretary.
| ||||||
19 | (Source: P.A. 94-700, eff. 6-1-06 ; revised 9-28-06.)
| ||||||
20 | (625 ILCS 5/6-208) (from Ch. 95 1/2, par. 6-208)
| ||||||
21 | Sec. 6-208. Period of Suspension - Application After | ||||||
22 | Revocation.
| ||||||
23 | (a) Except as otherwise provided by this Code or any other | ||||||
24 | law of this
State, the Secretary of State shall not suspend a |
| |||||||
| |||||||
1 | driver's license,
permit or privilege to drive a motor vehicle | ||||||
2 | on the highways for a
period of more than one year.
| ||||||
3 | (b) Any person whose license, permit or privilege to drive | ||||||
4 | a motor
vehicle on the highways has been revoked shall not be | ||||||
5 | entitled to have
such license, permit or privilege renewed or | ||||||
6 | restored. However, such
person may, except as provided under | ||||||
7 | subsection (d) of Section 6-205, make
application for a license | ||||||
8 | pursuant to Section 6-106 (i) if the revocation
was
for a cause | ||||||
9 | which has been removed or (ii) as provided in the following
| ||||||
10 | subparagraphs:
| ||||||
11 | 1. Except as provided in subparagraphs 2, 3, and 4,
the | ||||||
12 | person may make application for a license after the | ||||||
13 | expiration of one
year from the effective date of the | ||||||
14 | revocation
or, in the case of a violation of paragraph (b) | ||||||
15 | of Section 11-401 of this
Code or a similar provision of a | ||||||
16 | local ordinance, after the expiration of 3
years from the | ||||||
17 | effective date of the revocation or, in the case of a | ||||||
18 | violation
of Section 9-3 of the Criminal Code of 1961 or a | ||||||
19 | similar provision of a law of another state relating to the | ||||||
20 | offense of reckless
homicide or a violation of subparagraph | ||||||
21 | (F) of paragraph 1 of subsection (d) of Section 11-501 of | ||||||
22 | this Code relating to aggravated driving under the | ||||||
23 | influence of alcohol, other drug or drugs, intoxicating | ||||||
24 | compound or compounds, or any combination thereof, if the | ||||||
25 | violation was the proximate cause of a death, after the | ||||||
26 | expiration of 2 years from the effective date of the
|
| |||||||
| |||||||
1 | revocation
or after the expiration of 24 months from the | ||||||
2 | date of release from
a
period of imprisonment as provided | ||||||
3 | in Section
6-103 of this Code, whichever is later.
| ||||||
4 | 2. If such person is convicted of committing a second | ||||||
5 | violation within a
20 year period of:
| ||||||
6 | (A) Section 11-501 of this Code, or a similar | ||||||
7 | provision of a local
ordinance; or
| ||||||
8 | (B) Paragraph (b) of Section 11-401 of this Code, | ||||||
9 | or a similar
provision
of a local ordinance; or
| ||||||
10 | (C) Section 9-3 of the Criminal Code of 1961, as | ||||||
11 | amended, relating
to the
offense of reckless homicide; | ||||||
12 | or
| ||||||
13 | (D) any combination of the above offenses | ||||||
14 | committed at different
instances;
| ||||||
15 | then such person may not make application for a license | ||||||
16 | until after
the expiration of 5 years from the effective | ||||||
17 | date of the most recent
revocation. The 20 year period | ||||||
18 | shall be computed by using the dates the
offenses were | ||||||
19 | committed and shall also include similar out-of-state
| ||||||
20 | offenses.
| ||||||
21 | 3. However, except as provided in subparagraph 4, if | ||||||
22 | such person is
convicted of committing a third, or
| ||||||
23 | subsequent, violation or any combination of the above | ||||||
24 | offenses, including
similar out-of-state offenses, | ||||||
25 | contained in subparagraph 2, then such person
may not make | ||||||
26 | application for a license until after the expiration of 10 |
| |||||||
| |||||||
1 | years
from the effective date of the most recent | ||||||
2 | revocation.
| ||||||
3 | 4. The person may not make application for a license if | ||||||
4 | the person is
convicted of committing a fourth or | ||||||
5 | subsequent
violation of Section 11-501 of this Code or a | ||||||
6 | similar provision of a local
ordinance, Section 11-401 of | ||||||
7 | this Code, Section 9-3 of the
Criminal Code of 1961, or
a | ||||||
8 | combination of these offenses
or similar provisions of | ||||||
9 | local ordinances
or similar out-of-state offenses.
| ||||||
10 | Notwithstanding any other provision of this Code, all | ||||||
11 | persons referred to
in this paragraph (b) may not have their | ||||||
12 | privileges restored until the
Secretary receives payment of the | ||||||
13 | required reinstatement fee pursuant to
subsection (b) of | ||||||
14 | Section 6-118.
| ||||||
15 | In no event shall the Secretary issue such license
unless | ||||||
16 | and until such person has had a hearing pursuant to this Code | ||||||
17 | and
the appropriate administrative rules and the Secretary is
| ||||||
18 | satisfied, after a review or investigation of such person, that
| ||||||
19 | to grant the privilege of driving a motor vehicle on the | ||||||
20 | highways will
not endanger the public safety or welfare.
| ||||||
21 | (c) (Blank).
| ||||||
22 | (Source: P.A. 92-343, eff. 1-1-02; 92-418, eff. 8-17-01; | ||||||
23 | 92-458, eff. 8-22-01; 92-651, eff. 7-11-02; 93-712, eff. | ||||||
24 | 1-1-05; 93-788, eff. 1-1-05; revised 10-14-04.)
| ||||||
25 | (625 ILCS 5/6-411) (from Ch. 95 1/2, par. 6-411)
|
| |||||||
| |||||||
1 | Sec. 6-411. Qualifications of Driver Training Instructors. | ||||||
2 | In order to
qualify for a license as an instructor for a | ||||||
3 | driving school, an applicant must:
| ||||||
4 | (a) Be of good moral character;
| ||||||
5 | (b) Authorize an investigation to include a fingerprint | ||||||
6 | based background
check to determine if the applicant has ever
| ||||||
7 | been convicted of a crime and if so, the disposition of those | ||||||
8 | convictions;
this authorization shall indicate the scope of the | ||||||
9 | inquiry and the agencies
which may be contacted. Upon this | ||||||
10 | authorization the Secretary of State
may request and receive | ||||||
11 | information and assistance from any federal, state
or local | ||||||
12 | governmental agency as part of the authorized investigation.
| ||||||
13 | Each applicant shall submit have his or her fingerprints | ||||||
14 | submitted to
the Department
of State Police in the form and | ||||||
15 | manner prescribed by the Department of State
Police. These | ||||||
16 | fingerprints shall be checked against the fingerprint records | ||||||
17 | now
and hereafter filed in the Department of State
Police and | ||||||
18 | Federal Bureau of Investigation criminal history records | ||||||
19 | record
information
databases. The Department of State Police | ||||||
20 | shall charge
a fee for conducting the criminal history records | ||||||
21 | check, which shall be
deposited in the State Police Services | ||||||
22 | Fund and shall not exceed the actual
cost of the records check. | ||||||
23 | The applicant shall be required to pay all related
fingerprint | ||||||
24 | fees including, but not limited to, the amounts established by | ||||||
25 | the
Department of State Police and the Federal Bureau of | ||||||
26 | Investigation to process
fingerprint based criminal background |
| |||||||
| |||||||
1 | investigations.
The
Department of State Police shall provide | ||||||
2 | information concerning any criminal
convictions, and their | ||||||
3 | disposition, brought against the applicant upon request
of the | ||||||
4 | Secretary of State when the request is made in the form and | ||||||
5 | manner
required by the Department of State Police. Unless | ||||||
6 | otherwise prohibited by
law, the information derived
from this | ||||||
7 | investigation including the source of this information, and any
| ||||||
8 | conclusions or recommendations derived from this information | ||||||
9 | by the Secretary
of State shall be provided to the applicant, | ||||||
10 | or his designee, upon request
to the Secretary of State, prior | ||||||
11 | to any final action by the
Secretary of State on the | ||||||
12 | application. Any criminal
convictions and their disposition | ||||||
13 | information obtained by the Secretary
of State shall be | ||||||
14 | confidential and may not be transmitted outside the Office
of | ||||||
15 | the Secretary of State, except as required herein, and may not | ||||||
16 | be
transmitted to anyone within the Office of the Secretary of | ||||||
17 | State except as
needed for
the purpose of evaluating the | ||||||
18 | applicant. The information obtained from this
investigation | ||||||
19 | may be maintained by the
Secretary of State or
any agency to | ||||||
20 | which such information was
transmitted. Only information
and | ||||||
21 | standards which bear a reasonable and rational relation to the | ||||||
22 | performance
of a driver training instructor shall be used by | ||||||
23 | the Secretary of State.
Any employee of the Secretary of State | ||||||
24 | who gives or causes to be given away
any confidential | ||||||
25 | information concerning any
criminal charges and their | ||||||
26 | disposition of an applicant shall be guilty of
a Class A |
| |||||||
| |||||||
1 | misdemeanor unless release of such information is authorized by | ||||||
2 | this
Section;
| ||||||
3 | (c) Pass such examination as the Secretary of State shall | ||||||
4 | require on (1)
traffic laws, (2) safe driving practices, (3) | ||||||
5 | operation of motor vehicles,
and (4) qualifications of teacher;
| ||||||
6 | (d) Be physically able to operate safely a motor vehicle | ||||||
7 | and to train
others in the operation of motor vehicles. An | ||||||
8 | instructors license application
must be accompanied by a | ||||||
9 | medical examination report completed by a competent
physician | ||||||
10 | licensed to practice in the State of Illinois;
| ||||||
11 | (e) Hold a valid Illinois drivers license;
| ||||||
12 | (f) Have graduated from an accredited high school after at | ||||||
13 | least 4 years
of high school education or the equivalent; and
| ||||||
14 | (g) Pay to the Secretary of State an application and | ||||||
15 | license fee of $70.
| ||||||
16 | If a driver training school class room instructor teaches | ||||||
17 | an approved driver
education course, as defined in Section | ||||||
18 | 1-103 of this Code, to students
under 18 years of age, he or | ||||||
19 | she shall furnish to
the Secretary of State a certificate | ||||||
20 | issued by the State Board of Education
that the said instructor | ||||||
21 | is qualified and meets the minimum educational
standards for | ||||||
22 | teaching driver education courses in the local public or
| ||||||
23 | parochial school systems, except that no State Board of | ||||||
24 | Education certification
shall be required of any instructor who | ||||||
25 | teaches exclusively in a
commercial driving school. On and | ||||||
26 | after July 1, 1986, the existing
rules and regulations of the |
| |||||||
| |||||||
1 | State
Board of Education concerning commercial driving schools | ||||||
2 | shall continue to
remain in effect but shall be administered by | ||||||
3 | the Secretary of State until
such time as the Secretary of | ||||||
4 | State shall amend or repeal the rules in
accordance with The | ||||||
5 | Illinois Administrative Procedure Act. Upon request,
the | ||||||
6 | Secretary of State shall issue a certificate of completion to a | ||||||
7 | student
under 18 years of age who has completed an approved | ||||||
8 | driver education course
at a commercial driving school.
| ||||||
9 | (Source: P.A. 93-408, eff. 1-1-04; 93-418, eff. 1-1-04; revised | ||||||
10 | 9-15-03.)
| ||||||
11 | (625 ILCS 5/6-500) (from Ch. 95 1/2, par. 6-500)
| ||||||
12 | Sec. 6-500. Definitions of words and phrases. | ||||||
13 | Notwithstanding the
definitions set forth elsewhere in this
| ||||||
14 | Code, for purposes of the Uniform Commercial Driver's License | ||||||
15 | Act
(UCDLA), the words and phrases listed below have the | ||||||
16 | meanings
ascribed to them as follows:
| ||||||
17 | (1) Alcohol. "Alcohol" means any substance containing any | ||||||
18 | form of
alcohol, including but not limited to ethanol,
| ||||||
19 | methanol,
propanol, and
isopropanol.
| ||||||
20 | (2) Alcohol concentration. "Alcohol concentration" means:
| ||||||
21 | (A) the number of grams of alcohol per 210 liters of | ||||||
22 | breath;
or
| ||||||
23 | (B) the number of grams of alcohol per 100 milliliters | ||||||
24 | of
blood; or
| ||||||
25 | (C) the number of grams of alcohol per 67 milliliters |
| |||||||
| |||||||
1 | of
urine.
| ||||||
2 | Alcohol tests administered within 2 hours of the driver | ||||||
3 | being
"stopped or detained" shall be considered that driver's | ||||||
4 | "alcohol
concentration" for the purposes of enforcing this | ||||||
5 | UCDLA.
| ||||||
6 | (3) (Blank).
| ||||||
7 | (4) (Blank).
| ||||||
8 | (5) (Blank).
| ||||||
9 | (6) Commercial Motor Vehicle.
| ||||||
10 | (A) "Commercial motor vehicle" or "CMV" means
a motor | ||||||
11 | vehicle, except those referred to in subdivision (B), | ||||||
12 | designed
to transport passengers or property if:
| ||||||
13 | (i) the vehicle has a GVWR of 26,001 pounds or more | ||||||
14 | or such
a
lesser GVWR as subsequently determined by | ||||||
15 | federal regulations or the Secretary
of State; or any
| ||||||
16 | combination of vehicles with a GCWR of 26,001 pounds or | ||||||
17 | more, provided the
GVWR of any vehicle or vehicles | ||||||
18 | being towed is 10,001 pounds or more; or
| ||||||
19 | (ii) the vehicle is designed to transport 16 or | ||||||
20 | more
persons;
or
| ||||||
21 | (iii) the vehicle is transporting hazardous | ||||||
22 | materials and
is
required to
be placarded in accordance | ||||||
23 | with 49 C.F.R. Part 172, subpart F.
| ||||||
24 | (B) Pursuant to the interpretation of the Commercial | ||||||
25 | Motor
Vehicle
Safety Act of 1986 by the Federal Highway | ||||||
26 | Administration, the definition of
"commercial motor |
| |||||||
| |||||||
1 | vehicle" does not include:
| ||||||
2 | (i) recreational vehicles, when operated primarily | ||||||
3 | for personal use;
| ||||||
4 | (ii) United States Department of Defense vehicles | ||||||
5 | being operated by
non-civilian personnel. This | ||||||
6 | includes any operator on active military
duty; members | ||||||
7 | of the Reserves; National Guard; personnel on | ||||||
8 | part-time
training; and National Guard military | ||||||
9 | technicians (civilians who are
required to wear | ||||||
10 | military uniforms and are subject to the Code of | ||||||
11 | Military
Justice); or
| ||||||
12 | (iii) firefighting and other emergency equipment | ||||||
13 | (including, without limitation, equipment owned or | ||||||
14 | operated by a HazMat or technical rescue team | ||||||
15 | authorized by a county board under Section 5-1127 of | ||||||
16 | the Counties Code), with audible and
visual signals, | ||||||
17 | owned or operated
by or for a
governmental entity, | ||||||
18 | which is necessary to the preservation of life or
| ||||||
19 | property or the execution of emergency governmental | ||||||
20 | functions which are
normally not subject to general | ||||||
21 | traffic rules and regulations.
| ||||||
22 | (7) Controlled Substance. "Controlled substance" shall | ||||||
23 | have the same
meaning as defined in Section 102 of the Illinois | ||||||
24 | Controlled Substances Act,
and shall also include cannabis as | ||||||
25 | defined in Section 3 of the Cannabis Control
Act.
| ||||||
26 | (8) Conviction. "Conviction" means an unvacated |
| |||||||
| |||||||
1 | adjudication of guilt
or a determination that a person has | ||||||
2 | violated or failed to comply with the
law in a court of | ||||||
3 | original jurisdiction or an authorized administrative
| ||||||
4 | tribunal; an unvacated forfeiture of bail or collateral | ||||||
5 | deposited to secure
the person's appearance in court; the | ||||||
6 | payment of a fine or court cost
regardless of whether the | ||||||
7 | imposition of sentence is deferred and ultimately
a judgment | ||||||
8 | dismissing the underlying charge is entered; or a violation of | ||||||
9 | a
condition of release without bail, regardless of whether or | ||||||
10 | not the penalty
is rebated, suspended or probated.
| ||||||
11 | (9) (Blank).
| ||||||
12 | (10) (Blank).
| ||||||
13 | (11) (Blank).
| ||||||
14 | (12) (Blank).
| ||||||
15 | (13) Driver. "Driver" means any person who drives, | ||||||
16 | operates, or is in
physical control of a commercial motor | ||||||
17 | vehicle, any person who is required to hold a
CDL, or any | ||||||
18 | person who is a holder of a CDL while operating a | ||||||
19 | non-commercial motor vehicle.
| ||||||
20 | (14) Employee. "Employee" means a person who is employed as | ||||||
21 | a
commercial
motor vehicle driver. A person who is | ||||||
22 | self-employed as a commercial motor
vehicle driver must comply | ||||||
23 | with the requirements of this UCDLA
pertaining to employees. An
| ||||||
24 | owner-operator on a long-term lease shall be considered an | ||||||
25 | employee.
| ||||||
26 | (15) Employer. "Employer" means a person (including the |
| |||||||
| |||||||
1 | United
States, a State or a local authority) who owns or leases | ||||||
2 | a commercial motor
vehicle or assigns employees to operate such | ||||||
3 | a vehicle. A person who is
self-employed as a commercial motor | ||||||
4 | vehicle driver must
comply with the requirements of this UCDLA.
| ||||||
5 | (16) (Blank).
| ||||||
6 | (16.5) Fatality. "Fatality" means the death of a person as | ||||||
7 | a result of a motor vehicle accident.
| ||||||
8 | (17) Foreign jurisdiction. "Foreign jurisdiction" means a | ||||||
9 | sovereign
jurisdiction that does not fall within the definition | ||||||
10 | of "State".
| ||||||
11 | (18) (Blank).
| ||||||
12 | (19) (Blank).
| ||||||
13 | (20) Hazardous Material. Upon a finding by the United | ||||||
14 | States
Secretary of Transportation, in his or her discretion, | ||||||
15 | under 49 App. U.S.C.
5103(a), that the transportation of a | ||||||
16 | particular quantity and form of
material in commerce may pose | ||||||
17 | an unreasonable risk to health and safety or
property, he or | ||||||
18 | she shall designate the quantity and form of material or group
| ||||||
19 | or class of the materials as a hazardous material. The | ||||||
20 | materials so
designated may include but are not limited to | ||||||
21 | explosives, radioactive
materials, etiologic agents, flammable | ||||||
22 | liquids or solids, combustible liquids
or solids, poisons, | ||||||
23 | oxidizing or corrosive materials, and compressed gases.
| ||||||
24 | (20.5) Imminent Hazard. "Imminent hazard" means the | ||||||
25 | existence of a condition that presents a substantial likelihood | ||||||
26 | that death, serious illness, severe personal injury, or a |
| |||||||
| |||||||
1 | substantial endangerment to health, property, or the | ||||||
2 | environment may occur before the reasonably foreseeable | ||||||
3 | completion date of a formal proceeding begun to lessen the risk | ||||||
4 | of that death, illness, injury or endangerment.
| ||||||
5 | (21) Long-term lease. "Long-term lease" means a lease of a | ||||||
6 | commercial
motor vehicle by the owner-lessor to a lessee, for a | ||||||
7 | period of more than 29
days.
| ||||||
8 | (22) Motor Vehicle. "Motor vehicle" means every vehicle
| ||||||
9 | which is self-propelled, and every vehicle which is propelled | ||||||
10 | by electric
power obtained from over head trolley wires but not | ||||||
11 | operated upon rails,
except vehicles moved solely by human | ||||||
12 | power and motorized wheel chairs.
| ||||||
13 | (22.5) Non-CMV. "Non-CMV" means a motor vehicle or | ||||||
14 | combination of motor vehicles not defined by the term | ||||||
15 | "commercial motor vehicle" or "CMV" in this Section.
| ||||||
16 | (23) Non-resident CDL. "Non-resident CDL" means a | ||||||
17 | commercial driver's
license issued by a state under either of | ||||||
18 | the following two conditions: | ||||||
19 | (i) to an individual domiciled in a foreign country | ||||||
20 | meeting the requirements of Part 383.23(b)(1) of 49 C.F.R. | ||||||
21 | of the Federal Motor Carrier Safety Administration.
| ||||||
22 | (ii) to an individual domiciled in another state | ||||||
23 | meeting the requirements of Part 383.23(b)(2) of 49 C.F.R. | ||||||
24 | of the Federal Motor Carrier Safety Administration.
| ||||||
25 | (24) (Blank).
| ||||||
26 | (25) (Blank).
|
| |||||||
| |||||||
1 | (25.5) Railroad-Highway Grade Crossing Violation. | ||||||
2 | "Railroad-highway
grade
crossing violation" means a
violation, | ||||||
3 | while operating a commercial motor vehicle, of
any
of the | ||||||
4 | following:
| ||||||
5 | (A) Section 11-1201, 11-1202, or 11-1425 of this
| ||||||
6 | Code.
| ||||||
7 | (B) Any other similar
law or local ordinance of any | ||||||
8 | state relating to
railroad-highway grade crossing.
| ||||||
9 | (25.7) School Bus. "School bus" means a commercial motor | ||||||
10 | vehicle used to transport pre-primary, primary, or secondary | ||||||
11 | school students from home to school, from school to home, or to | ||||||
12 | and from school-sponsored events. "School bus" does not include | ||||||
13 | a bus used as a common carrier.
| ||||||
14 | (26) Serious Traffic Violation. "Serious traffic | ||||||
15 | violation"
means:
| ||||||
16 | (A) a conviction when operating a commercial motor | ||||||
17 | vehicle, or when operating a non-CMV while holding a CDL,
| ||||||
18 | of:
| ||||||
19 | (i) a violation relating to excessive speeding,
| ||||||
20 | involving a single speeding charge of 15 miles per hour | ||||||
21 | or more above the
legal speed limit; or
| ||||||
22 | (ii) a violation relating to reckless driving; or
| ||||||
23 | (iii) a violation of any State law or local | ||||||
24 | ordinance relating to motor
vehicle traffic control | ||||||
25 | (other than parking violations) arising in
connection | ||||||
26 | with a fatal traffic accident; or
|
| |||||||
| |||||||
1 | (iv) a violation of Section 6-501, relating to | ||||||
2 | having multiple driver's
licenses; or
| ||||||
3 | (v) a violation of paragraph (a) of Section 6-507, | ||||||
4 | relating to the
requirement to have a valid CDL; or
| ||||||
5 | (vi) a violation relating to improper or erratic | ||||||
6 | traffic lane changes;
or
| ||||||
7 | (vii) a violation relating to following another | ||||||
8 | vehicle too closely; or
| ||||||
9 | (B) any other similar violation of a law or local
| ||||||
10 | ordinance of any state relating to motor vehicle traffic | ||||||
11 | control, other
than a parking violation, which the | ||||||
12 | Secretary of State determines by
administrative rule to be | ||||||
13 | serious.
| ||||||
14 | (27) State. "State" means a state of the United States, the | ||||||
15 | District of
Columbia and any province or territory of Canada.
| ||||||
16 | (28) (Blank).
| ||||||
17 | (29) (Blank).
| ||||||
18 | (30) (Blank).
| ||||||
19 | (31) (Blank).
| ||||||
20 | (Source: P.A. 94-307, eff. 9-30-05; 94-334, eff. 1-1-06; | ||||||
21 | revised 8-19-05.)
| ||||||
22 | (625 ILCS 5/6-508) (from Ch. 95 1/2, par. 6-508)
| ||||||
23 | Sec. 6-508. Commercial Driver's License (CDL) - | ||||||
24 | qualification standards.
| ||||||
25 | (a) Testing.
|
| |||||||
| |||||||
1 | (1) General. No person shall be issued an original or | ||||||
2 | renewal CDL
unless that person is
domiciled in this State. | ||||||
3 | The Secretary shall cause to be administered such
tests as | ||||||
4 | the Secretary deems necessary to meet the requirements of | ||||||
5 | 49
C.F.R. Part 383, subparts G and H.
| ||||||
6 | (2) Third party testing. The Secretary of state may | ||||||
7 | authorize a
"third party tester", pursuant to 49 C.F.R. | ||||||
8 | Part 383.75, to administer the
skills test or tests | ||||||
9 | specified by Federal Highway Administration pursuant to | ||||||
10 | the
Commercial Motor Vehicle Safety Act of 1986 and any | ||||||
11 | appropriate federal rule.
| ||||||
12 | (b) Waiver of Skills Test. The Secretary of State may waive | ||||||
13 | the skills
test specified in this Section for a commercial | ||||||
14 | driver license applicant
who meets the requirements of 49 | ||||||
15 | C.F.R. Part 383.77 and Part 383.123.
| ||||||
16 | (c) Limitations on issuance of a CDL. A CDL, or a | ||||||
17 | commercial driver
instruction permit, shall not be issued to a | ||||||
18 | person while the person is
subject to a disqualification from | ||||||
19 | driving a commercial motor vehicle, or
unless otherwise | ||||||
20 | permitted by this Code, while the person's driver's
license is | ||||||
21 | suspended, revoked or cancelled in
any state, or any territory | ||||||
22 | or province of Canada; nor may a CDL be issued
to a person who | ||||||
23 | has a CDL issued by any other state, or foreign
jurisdiction, | ||||||
24 | unless the person first surrenders all such
licenses. No CDL | ||||||
25 | shall be issued to or renewed for a person who does not
meet | ||||||
26 | the requirement of 49 CFR 391.41(b)(11). The requirement may be |
| |||||||
| |||||||
1 | met with
the aid of a hearing aid.
| ||||||
2 | (c-1) The Secretary may issue a CDL with a school bus | ||||||
3 | driver endorsement
to allow a person to drive the type of bus | ||||||
4 | described in subsection (d-5) of
Section 6-104 of this Code. | ||||||
5 | The CDL with a school bus driver endorsement may be
issued only | ||||||
6 | to a person meeting the following requirements:
| ||||||
7 | (1) the person has submitted his or her fingerprints to | ||||||
8 | the
Department of State Police in the form and manner
| ||||||
9 | prescribed by the Department of State Police. These
| ||||||
10 | fingerprints shall be checked against the fingerprint | ||||||
11 | records
now and hereafter filed in the Department of State | ||||||
12 | Police and
Federal Bureau of Investigation criminal | ||||||
13 | history records databases;
| ||||||
14 | (2) the person has passed a written test, administered | ||||||
15 | by the Secretary of
State, on charter bus operation, | ||||||
16 | charter bus safety, and certain special
traffic laws
| ||||||
17 | relating to school buses determined by the Secretary of | ||||||
18 | State to be relevant to
charter buses, and submitted to a | ||||||
19 | review of the applicant's driving
habits by the Secretary | ||||||
20 | of State at the time the written test is given;
| ||||||
21 | (3) the person has demonstrated physical fitness to | ||||||
22 | operate school buses
by
submitting the results of a medical | ||||||
23 | examination, including tests for drug
use; and
| ||||||
24 | (4) the person has not been convicted of committing or | ||||||
25 | attempting
to commit any
one or more of the following | ||||||
26 | offenses: (i) those offenses defined in
Sections 9-1, |
| |||||||
| |||||||
1 | 9-1.2, 9-2, 9-2.1, 9-3, 9-3.2, 9-3.3, 10-1, 10-2, 10-3.1,
| ||||||
2 | 10-4,
10-5, 10-6, 10-7, 11-6,
11-9, 11-9.1, 11-14, 11-15, | ||||||
3 | 11-15.1, 11-16, 11-17, 11-18, 11-19, 11-19.1,
11-19.2,
| ||||||
4 | 11-20, 11-20.1, 11-21, 11-22, 12-3.1, 12-4.1, 12-4.2, | ||||||
5 | 12-4.3, 12-4.4,
12-4.5,
12-6, 12-6.2, 12-7.1, 12-7.3, | ||||||
6 | 12-7.4, 12-11,
12-13, 12-14, 12-14.1, 12-15, 12-16, | ||||||
7 | 12-16.2, 12-21.5, 12-21.6, 12-33,
18-1,
18-2,
18-3, 18-4, | ||||||
8 | 18-5,
20-1, 20-1.1, 20-2, 24-1, 24-1.1, 24-1.2, 24-3.3, | ||||||
9 | 31A-1, 31A-1.1, and
33A-2, and in subsection (a) and | ||||||
10 | subsection (b), clause (1), of Section
12-4 of the Criminal | ||||||
11 | Code of 1961; (ii) those offenses defined in the
Cannabis | ||||||
12 | Control Act except those offenses defined in subsections | ||||||
13 | (a) and
(b) of Section 4, and subsection (a) of Section 5 | ||||||
14 | of the Cannabis Control
Act; (iii) those offenses defined | ||||||
15 | in the Illinois Controlled Substances
Act; (iv) those | ||||||
16 | offenses defined in the Methamphetamine Control and | ||||||
17 | Community Protection Act; (v) any offense committed or | ||||||
18 | attempted in any other state or against
the laws of the | ||||||
19 | United States, which if committed or attempted in this
| ||||||
20 | State would be punishable as one or more of the foregoing | ||||||
21 | offenses; (vi)
the offenses defined in Sections 4.1 and 5.1 | ||||||
22 | of the Wrongs to Children Act; and (vii) those offenses | ||||||
23 | defined in Section 6-16 of the Liquor Control Act of
1934.
| ||||||
24 | The Department of State Police shall charge
a fee for | ||||||
25 | conducting the criminal history records check, which shall be
| ||||||
26 | deposited into the State Police Services Fund and may not |
| |||||||
| |||||||
1 | exceed the actual
cost of the records check.
| ||||||
2 | (c-2) The Secretary shall issue a CDL with a school bus | ||||||
3 | endorsement to allow a person to drive a school bus as defined | ||||||
4 | in this Section. The CDL shall be issued according to the | ||||||
5 | requirements outlined in 49 C.F.R. 383. A person may not | ||||||
6 | operate a school bus as defined in this Section without a | ||||||
7 | school bus endorsement. The Secretary of State may adopt rules | ||||||
8 | consistent with Federal guidelines to implement this | ||||||
9 | subsection (c-2).
| ||||||
10 | (d) Commercial driver instruction permit. A commercial | ||||||
11 | driver
instruction permit may be issued to any person holding a | ||||||
12 | valid Illinois
driver's license if such person successfully | ||||||
13 | passes such tests as the
Secretary determines to be necessary.
| ||||||
14 | A commercial driver instruction permit shall not be issued to a | ||||||
15 | person who
does not meet
the requirements of 49 CFR 391.41 | ||||||
16 | (b)(11), except for the renewal of a
commercial driver
| ||||||
17 | instruction permit for a person who possesses a commercial | ||||||
18 | instruction permit
prior to the
effective date of this | ||||||
19 | amendatory Act of 1999.
| ||||||
20 | (Source: P.A. 93-476, eff. 1-1-04; 93-644, eff. 6-1-04; 94-307, | ||||||
21 | eff. 9-30-05; 94-556, eff. 9-11-05; revised 8-19-05.)
| ||||||
22 | (625 ILCS 5/11-208.3) (from Ch. 95 1/2, par. 11-208.3)
| ||||||
23 | Sec. 11-208.3. Administrative adjudication of violations | ||||||
24 | of traffic
regulations concerning the standing, parking, or | ||||||
25 | condition of
vehicles and automated traffic law violations.
|
| |||||||
| |||||||
1 | (a) Any municipality may provide by ordinance for a system | ||||||
2 | of
administrative adjudication of vehicular standing and | ||||||
3 | parking violations and
vehicle compliance violations as | ||||||
4 | defined in this subsection and automated traffic law violations | ||||||
5 | as defined in Section 11-208.6.
The administrative system shall | ||||||
6 | have as its purpose the fair and
efficient enforcement of | ||||||
7 | municipal regulations through the
administrative adjudication | ||||||
8 | of automated traffic law violations and violations of municipal | ||||||
9 | ordinances
regulating the standing and parking of vehicles, the | ||||||
10 | condition and use of
vehicle equipment, and the display of | ||||||
11 | municipal wheel tax licenses within the
municipality's
| ||||||
12 | borders. The administrative system shall only have authority to | ||||||
13 | adjudicate
civil offenses carrying fines not in excess of $250 | ||||||
14 | that occur after the
effective date of the ordinance adopting | ||||||
15 | such a system under this Section.
For purposes of this Section, | ||||||
16 | "compliance violation" means a violation of a
municipal | ||||||
17 | regulation governing the condition or use of equipment on a | ||||||
18 | vehicle
or governing the display of a municipal wheel tax | ||||||
19 | license.
| ||||||
20 | (b) Any ordinance establishing a system of administrative | ||||||
21 | adjudication
under this Section shall provide for:
| ||||||
22 | (1) A traffic compliance administrator authorized to
| ||||||
23 | adopt, distribute and
process parking, compliance, and | ||||||
24 | automated traffic law violation notices and other notices | ||||||
25 | required
by this
Section, collect money paid as fines and | ||||||
26 | penalties for violation of parking
and compliance
|
| |||||||
| |||||||
1 | ordinances and automated traffic law violations, and | ||||||
2 | operate an administrative adjudication system. The traffic
| ||||||
3 | compliance
administrator also may make a certified report | ||||||
4 | to the Secretary of State
under Section 6-306.5.
| ||||||
5 | (2) A parking, standing, compliance, or automated | ||||||
6 | traffic law violation notice
that
shall specify the date,
| ||||||
7 | time, and place of violation of a parking, standing, or
| ||||||
8 | compliance, or automated traffic law
regulation; the | ||||||
9 | particular regulation
violated; the fine and any penalty | ||||||
10 | that may be assessed for late payment,
when so provided by | ||||||
11 | ordinance; the vehicle make and state registration
number; | ||||||
12 | and the identification number of the
person issuing the | ||||||
13 | notice.
With regard to automated traffic law violations, | ||||||
14 | vehicle make shall be specified on the automated traffic | ||||||
15 | law violation notice if the make is available and readily | ||||||
16 | discernible. With regard to municipalities with a | ||||||
17 | population of 1 million or more, it
shall be grounds for
| ||||||
18 | dismissal of a parking
violation if the state registration | ||||||
19 | number or vehicle make specified is
incorrect. The | ||||||
20 | violation notice shall state that the payment of the | ||||||
21 | indicated
fine, and of any applicable penalty for late | ||||||
22 | payment, shall operate as a
final disposition of the | ||||||
23 | violation. The notice also shall contain
information as to | ||||||
24 | the availability of a hearing in which the violation may
be | ||||||
25 | contested on its merits. The violation notice shall specify | ||||||
26 | the
time and manner in which a hearing may be had.
|
| |||||||
| |||||||
1 | (3) Service of the parking, standing, or compliance
| ||||||
2 | violation notice by affixing the
original or a facsimile of | ||||||
3 | the notice to an unlawfully parked vehicle or by
handing | ||||||
4 | the notice to the operator of a vehicle if he or she is
| ||||||
5 | present and service of an automated traffic law violation | ||||||
6 | notice by mail to the
address
of the registered owner of | ||||||
7 | the cited vehicle as recorded with the Secretary of
State | ||||||
8 | within 30 days after the Secretary of State notifies the | ||||||
9 | municipality or county of the identity of the owner of the | ||||||
10 | vehicle, but in no event later than 90 days after the | ||||||
11 | violation. A person authorized by ordinance to issue and | ||||||
12 | serve parking,
standing, and compliance
violation notices | ||||||
13 | shall certify as to the correctness of the facts entered
on | ||||||
14 | the violation notice by signing his or her name to the | ||||||
15 | notice at
the time of service or in the case of a notice | ||||||
16 | produced by a computerized
device, by signing a single | ||||||
17 | certificate to be kept by the traffic
compliance
| ||||||
18 | administrator attesting to the correctness of all notices | ||||||
19 | produced by the
device while it was under his or her | ||||||
20 | control. In the case of an automated traffic law violation, | ||||||
21 | the ordinance shall
require
a
determination by a technician | ||||||
22 | employed or contracted by the municipality or county that,
| ||||||
23 | based on inspection of recorded images, the motor vehicle | ||||||
24 | was being operated in
violation of Section 11-208.6 or a | ||||||
25 | local ordinance.
If the technician determines that the
| ||||||
26 | vehicle entered the intersection as part of a funeral |
| |||||||
| |||||||
1 | procession or in order to
yield the right-of-way to an | ||||||
2 | emergency vehicle, a citation shall not be issued. The | ||||||
3 | original or a
facsimile of the violation notice or, in the | ||||||
4 | case of a notice produced by a
computerized device, a | ||||||
5 | printed record generated by the device showing the facts
| ||||||
6 | entered on the notice, shall be retained by the
traffic | ||||||
7 | compliance
administrator, and shall be a record kept in the | ||||||
8 | ordinary course of
business. A parking, standing, | ||||||
9 | compliance, or automated traffic law violation notice | ||||||
10 | issued,
signed and served in
accordance with this Section, | ||||||
11 | a copy of the notice, or the computer
generated record | ||||||
12 | shall be prima facie
correct and shall be prima facie | ||||||
13 | evidence of the correctness of the facts
shown on the | ||||||
14 | notice. The notice, copy, or computer generated
record | ||||||
15 | shall be admissible in any
subsequent administrative or | ||||||
16 | legal proceedings.
| ||||||
17 | (4) An opportunity for a hearing for the registered | ||||||
18 | owner of the
vehicle cited in the parking, standing, | ||||||
19 | compliance, or automated traffic law violation notice in
| ||||||
20 | which the owner may
contest the merits of the alleged | ||||||
21 | violation, and during which formal or
technical rules of | ||||||
22 | evidence shall not apply; provided, however, that under
| ||||||
23 | Section 11-1306 of this Code the lessee of a vehicle cited | ||||||
24 | in the
violation notice likewise shall be provided an | ||||||
25 | opportunity for a hearing of
the same kind afforded the | ||||||
26 | registered owner. The hearings shall be
recorded, and the |
| |||||||
| |||||||
1 | person conducting the hearing on behalf of the traffic
| ||||||
2 | compliance
administrator shall be empowered to administer | ||||||
3 | oaths and to secure by
subpoena both the attendance and | ||||||
4 | testimony of witnesses and the production
of relevant books | ||||||
5 | and papers. Persons appearing at a hearing under this
| ||||||
6 | Section may be represented by counsel at their expense. The | ||||||
7 | ordinance may
also provide for internal administrative | ||||||
8 | review following the decision of
the hearing officer.
| ||||||
9 | (5) Service of additional notices, sent by first class | ||||||
10 | United States
mail, postage prepaid, to the address of the | ||||||
11 | registered owner of the cited
vehicle as recorded with the | ||||||
12 | Secretary of State or, if any notice to that address is | ||||||
13 | returned as undeliverable, to the last known address | ||||||
14 | recorded in a United States Post Office approved database,
| ||||||
15 | or, under Section 11-1306
of this Code, to the lessee of | ||||||
16 | the cited vehicle at the last address known
to the lessor | ||||||
17 | of the cited vehicle at the time of lease or, if any notice | ||||||
18 | to that address is returned as undeliverable, to the last | ||||||
19 | known address recorded in a United States Post Office | ||||||
20 | approved database.
The service shall
be deemed complete as | ||||||
21 | of the date of deposit in the United States mail.
The | ||||||
22 | notices shall be in the following sequence and shall | ||||||
23 | include but not be
limited to the information specified | ||||||
24 | herein:
| ||||||
25 | (i) A second notice of parking, standing, or | ||||||
26 | compliance violation. This notice shall specify the
|
| |||||||
| |||||||
1 | date and location of the violation cited in the | ||||||
2 | parking,
standing,
or compliance violation
notice, the | ||||||
3 | particular regulation violated, the vehicle
make and | ||||||
4 | state registration number, the fine and any penalty | ||||||
5 | that may be
assessed for late payment when so provided | ||||||
6 | by ordinance, the availability
of a hearing in which | ||||||
7 | the violation may be contested on its merits, and the
| ||||||
8 | time and manner in which the hearing may be had. The | ||||||
9 | notice of violation
shall also state that failure | ||||||
10 | either to pay the indicated fine and any
applicable | ||||||
11 | penalty, or to appear at a hearing on the merits in the | ||||||
12 | time and
manner specified, will result in a final | ||||||
13 | determination of violation
liability for the cited | ||||||
14 | violation in the amount of the fine or penalty
| ||||||
15 | indicated, and that, upon the occurrence of a final | ||||||
16 | determination of violation liability for the failure, | ||||||
17 | and the exhaustion of, or
failure to exhaust, available | ||||||
18 | administrative or judicial procedures for
review, any | ||||||
19 | unpaid fine or penalty will constitute a debt due and | ||||||
20 | owing
the municipality.
| ||||||
21 | (ii) A notice of final determination of parking, | ||||||
22 | standing,
compliance, or automated traffic law | ||||||
23 | violation liability.
This notice shall be sent | ||||||
24 | following a final determination of parking,
standing, | ||||||
25 | compliance, or automated traffic law
violation | ||||||
26 | liability and the conclusion of judicial review |
| |||||||
| |||||||
1 | procedures taken
under this Section. The notice shall | ||||||
2 | state that the unpaid fine or
penalty is a debt due and | ||||||
3 | owing the municipality. The notice shall contain
| ||||||
4 | warnings that failure to pay any fine or penalty due | ||||||
5 | and owing the
municipality within the time specified | ||||||
6 | may result in the municipality's
filing of a petition | ||||||
7 | in the Circuit Court to have the unpaid
fine or penalty | ||||||
8 | rendered a judgment as provided by this Section, or may
| ||||||
9 | result in suspension of the person's drivers license | ||||||
10 | for failure to pay
fines or penalties for 10 or more | ||||||
11 | parking violations under Section 6-306.5 or 5 or more | ||||||
12 | automated traffic law violations under Section | ||||||
13 | 11-208.6.
| ||||||
14 | (6) A Notice of impending drivers license suspension. | ||||||
15 | This
notice shall be sent to the person liable for any fine | ||||||
16 | or penalty that
remains due and owing on 10 or more parking
| ||||||
17 | violations or 5 or more unpaid automated traffic law | ||||||
18 | violations. The notice
shall state that failure to pay the | ||||||
19 | fine or penalty owing within 45 days of
the notice's date | ||||||
20 | will result in the municipality notifying the Secretary
of | ||||||
21 | State that the person is eligible for initiation of | ||||||
22 | suspension
proceedings under Section 6-306.5 of this Code. | ||||||
23 | The notice shall also state
that the person may obtain a | ||||||
24 | photostatic copy of an original ticket imposing a
fine or | ||||||
25 | penalty by sending a self addressed, stamped envelope to | ||||||
26 | the
municipality along with a request for the photostatic |
| |||||||
| |||||||
1 | copy.
The notice of impending
drivers license suspension | ||||||
2 | shall be sent by first class United States mail,
postage | ||||||
3 | prepaid, to the address recorded with the Secretary of | ||||||
4 | State or, if any notice to that address is returned as | ||||||
5 | undeliverable, to the last known address recorded in a | ||||||
6 | United States Post Office approved database.
| ||||||
7 | (7) Final determinations of violation liability. A | ||||||
8 | final
determination of violation liability shall occur | ||||||
9 | following failure
to pay the fine or penalty after a | ||||||
10 | hearing officer's determination of violation liability and | ||||||
11 | the exhaustion of or failure to exhaust any
administrative | ||||||
12 | review procedures provided by ordinance. Where a person
| ||||||
13 | fails to appear at a hearing to contest the alleged | ||||||
14 | violation in the time
and manner specified in a prior | ||||||
15 | mailed notice, the hearing officer's
determination of | ||||||
16 | violation liability shall become final: (A) upon
denial of | ||||||
17 | a timely petition to set aside that determination, or (B) | ||||||
18 | upon
expiration of the period for filing the petition | ||||||
19 | without a
filing having been made.
| ||||||
20 | (8) A petition to set aside a determination of parking, | ||||||
21 | standing,
compliance, or automated traffic law violation
| ||||||
22 | liability that may be filed by a person owing an unpaid | ||||||
23 | fine or penalty.
The petition shall be filed with and ruled | ||||||
24 | upon by the traffic compliance
administrator in the manner | ||||||
25 | and within the time specified by ordinance.
The grounds for | ||||||
26 | the petition may be limited to: (A) the person not having
|
| |||||||
| |||||||
1 | been the owner or lessee of the cited vehicle on the date | ||||||
2 | the
violation notice was issued, (B) the person having | ||||||
3 | already paid the fine or
penalty for the violation in | ||||||
4 | question, and (C) excusable failure to
appear at or
request | ||||||
5 | a new date for a hearing.
With regard to municipalities | ||||||
6 | with a population of 1 million or more, it
shall be grounds | ||||||
7 | for
dismissal of a
parking violation if the state | ||||||
8 | registration number, or vehicle make if specified, is
| ||||||
9 | incorrect. After the determination of
parking, standing, | ||||||
10 | compliance, or automated traffic law violation liability | ||||||
11 | has been set aside
upon a showing of just
cause, the | ||||||
12 | registered owner shall be provided with a hearing on the | ||||||
13 | merits
for that violation.
| ||||||
14 | (9) Procedures for non-residents. Procedures by which | ||||||
15 | persons who are
not residents of the municipality may | ||||||
16 | contest the merits of the alleged
violation without | ||||||
17 | attending a hearing.
| ||||||
18 | (10) A schedule of civil fines for violations of | ||||||
19 | vehicular standing,
parking, compliance, or automated | ||||||
20 | traffic law regulations enacted by ordinance pursuant to | ||||||
21 | this
Section, and a
schedule of penalties for late payment | ||||||
22 | of the fines, provided, however,
that the total amount of | ||||||
23 | the fine and penalty for any one violation shall
not exceed | ||||||
24 | $250, except as provided in subsection (c) of Section | ||||||
25 | 11-1301.3 of this Code.
| ||||||
26 | (11) Other provisions as are necessary and proper to |
| |||||||
| |||||||
1 | carry into
effect the powers granted and purposes stated in | ||||||
2 | this Section.
| ||||||
3 | (c) Any municipality establishing vehicular standing, | ||||||
4 | parking,
compliance, or automated traffic law
regulations | ||||||
5 | under this Section may also provide by ordinance for a
program | ||||||
6 | of vehicle immobilization for the purpose of facilitating
| ||||||
7 | enforcement of those regulations. The program of vehicle
| ||||||
8 | immobilization shall provide for immobilizing any eligible | ||||||
9 | vehicle upon the
public way by presence of a restraint in a | ||||||
10 | manner to prevent operation of
the vehicle. Any ordinance | ||||||
11 | establishing a program of vehicle
immobilization under this | ||||||
12 | Section shall provide:
| ||||||
13 | (1) Criteria for the designation of vehicles eligible | ||||||
14 | for
immobilization. A vehicle shall be eligible for | ||||||
15 | immobilization when the
registered owner of the vehicle has | ||||||
16 | accumulated the number of unpaid final
determinations of | ||||||
17 | parking, standing, compliance, or automated traffic law | ||||||
18 | violation liability as
determined by ordinance.
| ||||||
19 | (2) A notice of impending vehicle immobilization and a | ||||||
20 | right to a
hearing to challenge the validity of the notice | ||||||
21 | by disproving liability
for the unpaid final | ||||||
22 | determinations of parking, standing, compliance, or | ||||||
23 | automated traffic law
violation liability listed
on the | ||||||
24 | notice.
| ||||||
25 | (3) The right to a prompt hearing after a vehicle has | ||||||
26 | been immobilized
or subsequently towed without payment of |
| |||||||
| |||||||
1 | the outstanding fines and
penalties on parking, standing, | ||||||
2 | compliance, or automated traffic law violations for which | ||||||
3 | final
determinations have been
issued. An order issued | ||||||
4 | after the hearing is a final administrative
decision within | ||||||
5 | the meaning of Section 3-101 of the Code of Civil | ||||||
6 | Procedure.
| ||||||
7 | (4) A post immobilization and post-towing notice | ||||||
8 | advising the registered
owner of the vehicle of the right | ||||||
9 | to a hearing to challenge the validity
of the impoundment.
| ||||||
10 | (d) Judicial review of final determinations of parking, | ||||||
11 | standing,
compliance, or automated traffic law
violations and | ||||||
12 | final administrative decisions issued after hearings
regarding | ||||||
13 | vehicle immobilization and impoundment made
under this Section | ||||||
14 | shall be subject to the provisions of
the Administrative Review | ||||||
15 | Law.
| ||||||
16 | (e) Any fine, penalty, or part of any fine or any penalty | ||||||
17 | remaining
unpaid after the exhaustion of, or the failure to | ||||||
18 | exhaust, administrative
remedies created under this Section | ||||||
19 | and the conclusion of any judicial
review procedures shall be a | ||||||
20 | debt due and owing the municipality and, as
such, may be | ||||||
21 | collected in accordance with applicable law. Payment in full
of | ||||||
22 | any fine or penalty resulting from a standing, parking,
| ||||||
23 | compliance, or automated traffic law violation shall
| ||||||
24 | constitute a final disposition of that violation.
| ||||||
25 | (f) After the expiration of the period within which | ||||||
26 | judicial review may
be sought for a final determination of |
| |||||||
| |||||||
1 | parking, standing, compliance, or automated traffic law
| ||||||
2 | violation, the municipality
may commence a proceeding in the | ||||||
3 | Circuit Court for purposes of obtaining a
judgment on the final | ||||||
4 | determination of violation. Nothing in this
Section shall | ||||||
5 | prevent a municipality from consolidating multiple final
| ||||||
6 | determinations of parking, standing, compliance, or automated | ||||||
7 | traffic law violations against a
person in a proceeding.
Upon | ||||||
8 | commencement of the action, the municipality shall file a | ||||||
9 | certified
copy or record of the final determination of parking, | ||||||
10 | standing, compliance, or automated traffic law
violation, | ||||||
11 | which shall be
accompanied by a certification that recites | ||||||
12 | facts sufficient to show that
the final determination of | ||||||
13 | violation was
issued in accordance with this Section and the | ||||||
14 | applicable municipal
ordinance. Service of the summons and a | ||||||
15 | copy of the petition may be by
any method provided by Section | ||||||
16 | 2-203 of the Code of Civil Procedure or by
certified mail, | ||||||
17 | return receipt requested, provided that the total amount of
| ||||||
18 | fines and penalties for final determinations of parking, | ||||||
19 | standing,
compliance, or automated traffic law violations does | ||||||
20 | not
exceed $2500. If the court is satisfied that the final | ||||||
21 | determination of
parking, standing, compliance, or automated | ||||||
22 | traffic law violation was entered in accordance with
the | ||||||
23 | requirements of
this Section and the applicable municipal | ||||||
24 | ordinance, and that the registered
owner or the lessee, as the | ||||||
25 | case may be, had an opportunity for an
administrative hearing | ||||||
26 | and for judicial review as provided in this Section,
the court |
| |||||||
| |||||||
1 | shall render judgment in favor of the municipality and against
| ||||||
2 | the registered owner or the lessee for the amount indicated in | ||||||
3 | the final
determination of parking, standing, compliance, or | ||||||
4 | automated traffic law violation, plus costs.
The judgment shall | ||||||
5 | have
the same effect and may be enforced in the same manner as | ||||||
6 | other judgments
for the recovery of money.
| ||||||
7 | (Source: P.A. 94-294, eff. 1-1-06; 94-795, eff. 5-22-06; | ||||||
8 | 94-930, eff. 6-26-06; revised 8-3-06.)
| ||||||
9 | (625 ILCS 5/11-1201) (from Ch. 95 1/2, par. 11-1201)
| ||||||
10 | Sec. 11-1201. Obedience to signal indicating approach of | ||||||
11 | train.
| ||||||
12 | (a) Whenever any person driving a vehicle approaches a | ||||||
13 | railroad grade
crossing where the driver is not always required | ||||||
14 | to stop, the
person must
exercise due care and caution as the | ||||||
15 | existence of
a railroad track across a highway is a warning of | ||||||
16 | danger, and under any of
the circumstances stated in this | ||||||
17 | Section, the driver shall stop within 50
feet but not less than | ||||||
18 | 15 feet from the nearest rail of the railroad and
shall not | ||||||
19 | proceed until the tracks are clear and he or she can do so
| ||||||
20 | safely. The
foregoing requirements
shall apply when:
| ||||||
21 | 1. A clearly visible electric or mechanical signal | ||||||
22 | device gives warning
of the immediate approach of a | ||||||
23 | railroad train;
| ||||||
24 | 2. A crossing gate is lowered or a human flagman gives | ||||||
25 | or continues to
give a signal of the approach or passage of |
| |||||||
| |||||||
1 | a railroad train;
| ||||||
2 | 3. A railroad train approaching a highway crossing | ||||||
3 | emits a warning
signal and such railroad train, by reason | ||||||
4 | of its speed or nearness to such
crossing, is an immediate | ||||||
5 | hazard;
| ||||||
6 | 4. An approaching railroad train is plainly visible and | ||||||
7 | is in hazardous
proximity to such crossing;
| ||||||
8 | 5. A railroad train is approaching so closely that an | ||||||
9 | immediate hazard
is created.
| ||||||
10 | (a-5) Whenever a person driving a vehicle approaches a | ||||||
11 | railroad grade
crossing where the driver is not always required | ||||||
12 | to stop but must slow down,
the person must exercise due care | ||||||
13 | and caution as the existence of a railroad
track across a | ||||||
14 | highway is a warning of danger, and under any of the
| ||||||
15 | circumstances stated in this Section, the driver shall slow | ||||||
16 | down within 50 feet
but not less than 15 feet from the nearest | ||||||
17 | rail of the railroad and shall not
proceed until he or she | ||||||
18 | checks that the tracks are clear of an approaching
train.
| ||||||
19 | (b) No person shall drive any vehicle through, around
or | ||||||
20 | under any crossing gate or barrier at a railroad crossing
while | ||||||
21 | such gate or barrier is closed or is being opened or closed.
| ||||||
22 | (c) The Department, and local authorities with the
approval | ||||||
23 | of the Department, are hereby authorized to designate
| ||||||
24 | particularly dangerous highway grade crossings of railroads
| ||||||
25 | and to erect stop signs thereat. When such stop signs
are | ||||||
26 | erected the driver of any vehicle shall stop within 50
feet but |
| |||||||
| |||||||
1 | not less than 15 feet from the nearest rail of such
railroad | ||||||
2 | and shall proceed only upon exercising due care.
| ||||||
3 | (d) At any railroad grade crossing provided with railroad | ||||||
4 | crossbuck signs,
without automatic, electric, or mechanical | ||||||
5 | signal devices, crossing gates, or a
human flagman giving a | ||||||
6 | signal of the approach or passage of a train, the driver
of a | ||||||
7 | vehicle shall in obedience to the railroad crossbuck sign, | ||||||
8 | yield the
right-of-way and slow down to a speed reasonable for | ||||||
9 | the existing conditions
and shall stop, if required for safety, | ||||||
10 | at a clearly marked stopped line, or if
no stop line, within 50 | ||||||
11 | feet but not less than 15 feet from the nearest rail of
the | ||||||
12 | railroad and shall not proceed until he or she can do so | ||||||
13 | safely. If a
driver is involved in a collision at a railroad | ||||||
14 | crossing or interferes with the
movement of a train after | ||||||
15 | driving past the railroad crossbuck sign, the
collision or | ||||||
16 | interference is prima facie evidence of the driver's
failure to | ||||||
17 | yield right-of-way.
| ||||||
18 | (d-1) No person shall, while driving a commercial motor | ||||||
19 | vehicle, fail to
negotiate
a railroad-highway grade railroad | ||||||
20 | crossing because of insufficient
undercarriage
clearance.
| ||||||
21 | (d-5) (Blank).
| ||||||
22 | (e) It is unlawful to violate any part of this
Section.
| ||||||
23 | (1) A violation of this Section is a petty offense for | ||||||
24 | which a fine of
$250 shall be imposed for a first | ||||||
25 | violation, and a fine of $500 shall be
imposed for a second | ||||||
26 | or subsequent violation. The court may impose 25 hours of
|
| |||||||
| |||||||
1 | community service in place of the $250 fine for the first | ||||||
2 | violation.
| ||||||
3 | (2) For a second or subsequent violation, the Secretary | ||||||
4 | of State may
suspend the driving privileges of the offender | ||||||
5 | for a minimum of 6 months.
| ||||||
6 | (f) Corporate authorities of municipal corporations
| ||||||
7 | regulating operators of vehicles that fail to obey signals | ||||||
8 | indicating the
presence,
approach, passage, or departure of a
| ||||||
9 | train shall impose fines as established in subsection (e) of | ||||||
10 | this Section.
| ||||||
11 | (Source: P.A. 92-245, eff. 8-3-01; 92-249, eff. 1-1-02;
92-651, | ||||||
12 | eff. 7-11-02; 92-814, eff. 1-1-03; 92-834, eff. 8-22-02; | ||||||
13 | revised
8-26-02.)
| ||||||
14 | (625 ILCS 5/11-1414) (from Ch. 95 1/2, par. 11-1414)
| ||||||
15 | Sec. 11-1414. Approaching, overtaking, and passing school | ||||||
16 | bus.
| ||||||
17 | (a) The driver of a vehicle shall stop such vehicle before | ||||||
18 | meeting or
overtaking, from either direction, any school bus | ||||||
19 | stopped at any location for
the purpose of receiving or | ||||||
20 | discharging pupils. Such stop is required before
reaching the | ||||||
21 | school bus when there is in operation on the school
bus the | ||||||
22 | visual signals as specified in Sections 12-803 and 12-805 of | ||||||
23 | this
Code. The driver of the vehicle shall not proceed until | ||||||
24 | the
school bus resumes motion or the driver of the vehicle is | ||||||
25 | signaled by the
school bus driver to proceed or the visual |
| |||||||
| |||||||
1 | signals are no longer actuated.
| ||||||
2 | (b) The stop signal arm required by Section 12-803 of this | ||||||
3 | Code shall
be extended after the school bus has come to a | ||||||
4 | complete stop for the purpose of
loading or discharging pupils | ||||||
5 | and shall be closed before the school bus
is placed in motion | ||||||
6 | again. The stop signal arm shall
not be extended at any other | ||||||
7 | time.
| ||||||
8 | (c) The alternately flashing red signal lamps of an
8-lamp | ||||||
9 | flashing signal system required by Section 12-805 of this Code
| ||||||
10 | shall be actuated after the school bus has come to a complete | ||||||
11 | stop for the
purpose of
loading or discharging pupils and shall | ||||||
12 | be turned off before
the school bus is placed in motion again. | ||||||
13 | The red signal
lamps shall not be actuated at any other time
| ||||||
14 | except as provided in paragraph (d) of this Section.
| ||||||
15 | (d) The alternately flashing amber signal lamps of an | ||||||
16 | 8-lamp
flashing signal system required by Section 12-805 of | ||||||
17 | this
Code shall be actuated continuously during not less than | ||||||
18 | the last 100
feet traveled by the school bus before stopping | ||||||
19 | for the purpose of loading
or discharging pupils within an | ||||||
20 | urban area and during not less than
the last 200 feet traveled | ||||||
21 | by the school
bus outside an urban area. The amber signal lamps | ||||||
22 | shall remain actuated
until the school
bus is stopped. The | ||||||
23 | amber signal lamps shall not be actuated at any other time.
| ||||||
24 | (d-5) The alternately flashing head lamps permitted by | ||||||
25 | Section 12-805 of
this Code may be operated while the | ||||||
26 | alternately flashing red or amber signal
lamps required by that |
| |||||||
| |||||||
1 | Section are actuated.
| ||||||
2 | (e) The driver of a vehicle upon a highway having 4 or more | ||||||
3 | lanes which
permits at least 2 lanes of traffic to travel in | ||||||
4 | opposite directions need not
stop such vehicle upon meeting a | ||||||
5 | school bus which is stopped in the opposing
roadway; and need | ||||||
6 | not stop such vehicle when driving upon a controlled access
| ||||||
7 | highway when passing a school bus traveling in either direction | ||||||
8 | that is stopped
in a loading zone
adjacent to the surfaced or | ||||||
9 | improved part of the controlled access
highway where | ||||||
10 | pedestrians are not permitted to cross.
| ||||||
11 | (f) Beginning with the effective date of this amendatory | ||||||
12 | Act of 1985,
the Secretary of State shall suspend for a period | ||||||
13 | of 3 months
the driving
privileges of any person convicted of a | ||||||
14 | violation of subsection (a) of this
Section or a similar | ||||||
15 | provision of a local ordinance; the Secretary shall
suspend for | ||||||
16 | a period of one year the driving privileges of any person | ||||||
17 | convicted
of a second or subsequent violation of subsection (a) | ||||||
18 | of this Section or a
similar provision of a local ordinance if | ||||||
19 | the second or subsequent violation
occurs within 5 years of a | ||||||
20 | prior conviction for the same offense. In addition
to the | ||||||
21 | suspensions authorized by this Section, any person convicted of
| ||||||
22 | violating this Section or a similar provision of a local | ||||||
23 | ordinance
shall be subject to a mandatory fine of $150 or, upon | ||||||
24 | a second or subsequent
violation, $500.
The Secretary may also | ||||||
25 | grant, for the duration of any
suspension issued under this | ||||||
26 | subsection, a restricted driving permit
granting the privilege |
| |||||||
| |||||||
1 | of driving a motor vehicle between the driver's
residence and | ||||||
2 | place of employment or within other proper limits that the
| ||||||
3 | Secretary of State shall find necessary to avoid any undue | ||||||
4 | hardship. A
restricted driving permit issued hereunder shall be | ||||||
5 | subject to
cancellation, revocation and suspension by the | ||||||
6 | Secretary of State in like
manner and for like cause as a | ||||||
7 | driver's license may be cancelled, revoked
or suspended; except | ||||||
8 | that a conviction upon one or more offenses against
laws or | ||||||
9 | ordinances regulating the movement of traffic shall be deemed
| ||||||
10 | sufficient cause for the revocation, suspension or | ||||||
11 | cancellation of the
restricted driving permit. The Secretary of | ||||||
12 | State may, as a condition to
the issuance of a restricted | ||||||
13 | driving permit, require the applicant to
participate in a | ||||||
14 | designated driver remedial or rehabilitative program. Any
| ||||||
15 | conviction for a violation of this subsection shall be included | ||||||
16 | as an
offense for the purposes of determining suspension action | ||||||
17 | under any other
provision of this Code, provided however, that | ||||||
18 | the penalties provided under
this subsection shall be imposed | ||||||
19 | unless those penalties imposed under other
applicable | ||||||
20 | provisions are greater.
| ||||||
21 | The owner of any vehicle alleged to have violated paragraph | ||||||
22 | (a) of this
Section shall, upon appropriate demand by the | ||||||
23 | State's Attorney or other
authorized prosecutor acting in | ||||||
24 | response to a signed complaint, provide
a written statement or | ||||||
25 | deposition identifying the operator of the vehicle
if such | ||||||
26 | operator was not the owner at the time of the alleged |
| |||||||
| |||||||
1 | violation.
Failure to supply such information shall be | ||||||
2 | construed to be the same as
a violation of paragraph (a) and | ||||||
3 | shall be subject to the same penalties
herein provided. In the | ||||||
4 | event the owner has assigned control for the use
of the vehicle | ||||||
5 | to another, the person to whom control was assigned shall
| ||||||
6 | comply with the provisions of this paragraph and be subject to | ||||||
7 | the same
penalties as herein provided.
| ||||||
8 | (Source: P.A. 93-180, eff. 7-11-03; 93-181, eff. 1-1-04; | ||||||
9 | revised 8-12-03.)
| ||||||
10 | (625 ILCS 5/12-603.1) (from Ch. 95 1/2, par. 12-603.1)
| ||||||
11 | Sec. 12-603.1. Driver and passenger required to use safety | ||||||
12 | belts,
exceptions and penalty.
| ||||||
13 | (a) Each driver and front seat passenger of a motor vehicle | ||||||
14 | operated on a
street or highway in this State shall wear a | ||||||
15 | properly adjusted and
fastened seat safety belt; except that, a | ||||||
16 | child less than 8 years of age shall
be protected as required | ||||||
17 | pursuant to the Child Passenger Protection Act.
Each driver | ||||||
18 | under the age of 18 years and each of the driver's
passengers | ||||||
19 | under the age of 19 years of a motor vehicle operated
on a | ||||||
20 | street or highway in this State shall wear a properly
adjusted | ||||||
21 | and fastened seat safety belt.
Each driver of a motor vehicle | ||||||
22 | transporting a child 8 years of age or
more, but less than 16 | ||||||
23 | years of age,
shall secure the child in a properly adjusted and | ||||||
24 | fastened seat safety belt as required under the Child Passenger | ||||||
25 | Protection Act.
|
| |||||||
| |||||||
1 | (b) Paragraph (a) shall not apply to any of the following:
| ||||||
2 | 1. A driver or passenger frequently stopping and | ||||||
3 | leaving the vehicle or
delivering property from the | ||||||
4 | vehicle, if the speed of the vehicle between
stops does not | ||||||
5 | exceed 15 miles per hour.
| ||||||
6 | 2. A driver or passenger possessing a written statement | ||||||
7 | from a physician
that such person is unable, for medical or | ||||||
8 | physical reasons, to wear a seat
safety belt.
| ||||||
9 | 3. A driver or passenger possessing an official | ||||||
10 | certificate or license
endorsement issued by the | ||||||
11 | appropriate agency in another state or country
indicating | ||||||
12 | that the driver is unable for medical, physical, or other | ||||||
13 | valid
reasons to wear a seat safety belt.
| ||||||
14 | 4. A driver operating a motor vehicle in reverse.
| ||||||
15 | 5. A motor vehicle with a model year prior to 1965.
| ||||||
16 | 6. A motorcycle or motor driven cycle.
| ||||||
17 | 7. A motorized pedalcycle.
| ||||||
18 | 8. A motor vehicle which is not required to be equipped | ||||||
19 | with seat safety
belts under federal law.
| ||||||
20 | 9. A motor vehicle operated by a rural letter carrier | ||||||
21 | of the United
States postal service while performing duties | ||||||
22 | as a rural letter carrier.
| ||||||
23 | (c) Failure to wear a seat safety belt in violation of this | ||||||
24 | Section
shall not be considered evidence of negligence, shall | ||||||
25 | not limit the
liability of an insurer, and shall not diminish | ||||||
26 | any recovery for damages
arising out of the ownership, |
| |||||||
| |||||||
1 | maintenance, or operation of a motor vehicle.
| ||||||
2 | (d) A violation of this Section shall be a petty offense | ||||||
3 | and subject to a
fine not to exceed $25.
| ||||||
4 | (e) (Blank).
| ||||||
5 | (f) A law enforcement officer may not search or inspect a | ||||||
6 | motor vehicle,
its contents, the driver, or a passenger solely | ||||||
7 | because of a violation of this
Section.
| ||||||
8 | (Source: P.A. 93-99, eff. 7-3-03; 94-239, eff. 1-1-06; 94-241, | ||||||
9 | eff. 1-1-06; revised 8-19-05.)
| ||||||
10 | (625 ILCS 5/12-613) | ||||||
11 | Sec. 12-613. Possession and use of radar or laser jamming | ||||||
12 | devices prohibited. | ||||||
13 | (a) Except as provided in subsection (b), a person may not | ||||||
14 | operate or be in actual physical control of a motor vehicle | ||||||
15 | while
the motor vehicle is equipped with any instrument | ||||||
16 | designed to interfere
with microwaves or lasers at frequencies | ||||||
17 | used by police radar for the purpose
of
monitoring vehicular | ||||||
18 | speed. | ||||||
19 | (b) A person operating a
motor vehicle who
possesses within | ||||||
20 | the vehicle a radar or laser jamming device that is
contained
| ||||||
21 | in a
locked opaque box or similar container, or that is not in | ||||||
22 | the passenger
compartment of the vehicle, and that is not in | ||||||
23 | operation, is not in
violation of this Section.
| ||||||
24 | (c) Any person found guilty of violating this Section is | ||||||
25 | guilty of a
petty offense. A minimum fine of $50 shall be |
| |||||||
| |||||||
1 | imposed for a first offense
and a minimum fine of $100 for a | ||||||
2 | second or subsequent offense.
| ||||||
3 | (d) The radar or laser jamming device or mechanism shall be | ||||||
4 | seized by
the
law
enforcement officer at the time of the | ||||||
5 | violation. This Section does not authorize the permanent | ||||||
6 | forfeiture to the State of any
radar or laser jamming device or | ||||||
7 | mechanism. The device or mechanism
shall
be
taken and held for | ||||||
8 | the period when needed as evidence. When no longer
needed for | ||||||
9 | evidence, the defendant may petition the court for the return | ||||||
10 | of
the device or mechanism. The defendant, however, must prove | ||||||
11 | to the court by
a preponderance of the evidence that the device | ||||||
12 | or mechanism will be used
only for a legitimate and lawful | ||||||
13 | purpose.
| ||||||
14 | (e)
(d) A law enforcement officer may not stop or search | ||||||
15 | any motor vehicle or the driver of any motor vehicle solely on | ||||||
16 | the basis of a
violation or suspected violation of this | ||||||
17 | Section.
| ||||||
18 | (Source: P.A. 94-594, eff. 1-1-06; revised 8-29-05.)
| ||||||
19 | (625 ILCS 5/15-301) (from Ch. 95 1/2, par. 15-301)
| ||||||
20 | Sec. 15-301. Permits for excess size and weight.
| ||||||
21 | (a) The Department with respect to highways under its | ||||||
22 | jurisdiction
and local authorities with respect to highways | ||||||
23 | under their jurisdiction
may, in their discretion, upon | ||||||
24 | application and good cause being shown
therefor, issue a | ||||||
25 | special permit authorizing the applicant to operate or
move a |
| |||||||
| |||||||
1 | vehicle or combination of vehicles of a size or weight of | ||||||
2 | vehicle or
load exceeding the maximum specified in this Act or | ||||||
3 | otherwise not in
conformity with this Act upon any highway | ||||||
4 | under the jurisdiction of the
party granting such permit and | ||||||
5 | for the maintenance of which the party is
responsible. | ||||||
6 | Applications and permits other than those in written or
printed | ||||||
7 | form may only be accepted from and issued to the company or
| ||||||
8 | individual making the movement. Except for an application to | ||||||
9 | move directly
across a highway, it shall be the duty of the | ||||||
10 | applicant to establish in the
application that the load to be | ||||||
11 | moved by such vehicle or combination is
composed of a single | ||||||
12 | nondivisible object that cannot reasonably be
dismantled or
| ||||||
13 | disassembled. For the purpose of
over length movements,
more | ||||||
14 | than one object may be carried side by side as long as the | ||||||
15 | height, width,
and weight laws are not exceeded and the cause | ||||||
16 | for the over length is not due
to multiple objects. For the | ||||||
17 | purpose of over height movements, more than one
object may be | ||||||
18 | carried as long as the cause for the over height is not due to
| ||||||
19 | multiple objects and the length, width, and weight laws are not | ||||||
20 | exceeded. For
the purpose of an over width movement, more than | ||||||
21 | one object may be carried as
long as the cause for the over | ||||||
22 | width is not due to multiple objects and length,
height, and | ||||||
23 | weight laws are not exceeded. No state or local agency shall
| ||||||
24 | authorize the issuance of excess size or weight permits for | ||||||
25 | vehicles and loads
that are divisible and that can be carried, | ||||||
26 | when divided, within the existing
size or weight maximums |
| |||||||
| |||||||
1 | specified in this Chapter. Any excess size or weight
permit | ||||||
2 | issued in violation of the provisions of this Section shall be | ||||||
3 | void at
issue and any movement made thereunder shall not be | ||||||
4 | authorized under the terms
of the void permit. In any | ||||||
5 | prosecution for a violation of this Chapter when
the | ||||||
6 | authorization of an excess size or weight permit is at issue, | ||||||
7 | it is the
burden of the defendant to establish that the permit | ||||||
8 | was valid because the load
to be moved could not reasonably be | ||||||
9 | dismantled or disassembled, or was
otherwise nondivisible.
| ||||||
10 | (b) The application for any such permit shall: (1) state | ||||||
11 | whether
such permit is requested for a single trip or for | ||||||
12 | limited continuous
operation; (2) state if the applicant is an | ||||||
13 | authorized carrier under the
Illinois Motor Carrier of Property | ||||||
14 | Law, if so, his certificate,
registration or permit number | ||||||
15 | issued by the Illinois Commerce
Commission; (3) specifically | ||||||
16 | describe and identify the vehicle or
vehicles and load to be | ||||||
17 | operated or moved except that for vehicles or
vehicle | ||||||
18 | combinations registered by the Department as provided in | ||||||
19 | Section
15-319 of this Chapter, only the Illinois Department of | ||||||
20 | Transportation's
(IDT) registration number or classification | ||||||
21 | need be given; (4) state the
routing requested including the | ||||||
22 | points of origin and destination, and may
identify and include | ||||||
23 | a request for routing to the nearest certified scale
in | ||||||
24 | accordance with the Department's rules and regulations, | ||||||
25 | provided the
applicant has approval to travel on local roads; | ||||||
26 | and (5) state if the
vehicles or loads are being transported |
| |||||||
| |||||||
1 | for hire. No permits for the
movement of a vehicle or load for | ||||||
2 | hire shall be issued to any applicant who
is required under the | ||||||
3 | Illinois Motor Carrier of Property Law to have a
certificate, | ||||||
4 | registration or permit and does not have such certificate,
| ||||||
5 | registration or permit.
| ||||||
6 | (c) The Department or local authority when not inconsistent | ||||||
7 | with
traffic safety is authorized to issue or withhold such | ||||||
8 | permit at its
discretion; or, if such permit is issued at its | ||||||
9 | discretion to prescribe
the route or routes to be traveled, to | ||||||
10 | limit the number of trips, to
establish seasonal or other time | ||||||
11 | limitations within which the vehicles
described may be operated | ||||||
12 | on the highways indicated, or otherwise to
limit or prescribe | ||||||
13 | conditions of operations of such vehicle or vehicles,
when | ||||||
14 | necessary to assure against undue damage to the road | ||||||
15 | foundations,
surfaces or structures, and may require such | ||||||
16 | undertaking or other
security as may be deemed necessary to | ||||||
17 | compensate for any injury to any
roadway or road structure. The | ||||||
18 | Department shall maintain a daily record of
each permit issued | ||||||
19 | along with the fee and the stipulated dimensions,
weights, | ||||||
20 | conditions and restrictions authorized and this record shall be
| ||||||
21 | presumed correct in any case of questions or dispute. The | ||||||
22 | Department shall
install an automatic device for recording | ||||||
23 | applications received and permits
issued by telephone. In | ||||||
24 | making application by telephone, the Department and
applicant | ||||||
25 | waive all objections to the recording of the conversation.
| ||||||
26 | (d) The Department shall, upon application in writing from |
| |||||||
| |||||||
1 | any local
authority, issue an annual permit authorizing the | ||||||
2 | local authority to
move oversize highway construction, | ||||||
3 | transportation, utility and maintenance
equipment over roads | ||||||
4 | under the jurisdiction of the Department. The permit
shall be | ||||||
5 | applicable only to equipment and vehicles owned by or | ||||||
6 | registered
in the name of the local authority, and no fee shall | ||||||
7 | be charged for the
issuance of such permits.
| ||||||
8 | (e) As an exception to paragraph (a) of this Section, the | ||||||
9 | Department
and local authorities, with respect to highways | ||||||
10 | under their respective
jurisdictions, in their discretion and | ||||||
11 | upon application in writing may
issue a special permit for | ||||||
12 | limited continuous operation, authorizing the
applicant to | ||||||
13 | move loads of agricultural commodities on a 2 axle single
| ||||||
14 | vehicle registered by the Secretary of State with axle loads | ||||||
15 | not to exceed
35%, on a 3 or 4 axle
vehicle registered by the | ||||||
16 | Secretary of State with axle loads
not to exceed 20%, and on a | ||||||
17 | 5 axle vehicle registered by the
Secretary of State not to | ||||||
18 | exceed 10% above those provided in Section 15-111. The total | ||||||
19 | gross weight of the vehicle, however,
may not exceed the | ||||||
20 | maximum gross weight of the registration class of the vehicle | ||||||
21 | allowed under Section 3-815 or 3-818 of this Code. | ||||||
22 | As used in this Section, "agricultural commodities"
means: | ||||||
23 | (1) cultivated plants or agricultural produce grown
| ||||||
24 | including, but is not limited to, corn, soybeans, wheat, | ||||||
25 | oats, grain sorghum, canola, and rice; | ||||||
26 | (2) livestock, including but not limited to hogs, |
| |||||||
| |||||||
1 | equine, sheep, and poultry; | ||||||
2 | (3) ensilage; and | ||||||
3 | (4) fruits and vegetables.
| ||||||
4 | Permits may be issued for a
period not to exceed 40 days | ||||||
5 | and moves may be made of a distance not to
exceed 50 miles from | ||||||
6 | a field, an on-farm grain storage facility, a warehouse as | ||||||
7 | defined in the Illinois Grain Code, or a livestock management | ||||||
8 | facility as defined in the Livestock Management Facilities Act | ||||||
9 | over any
highway except the National System of Interstate and | ||||||
10 | Defense Highways. The operator of the vehicle,
however, must | ||||||
11 | abide by posted bridge and posted highway weight limits. All | ||||||
12 | implements of husbandry operating under this Section between | ||||||
13 | sunset and sunrise shall be equipped as prescribed in Section | ||||||
14 | 12-205.1.
| ||||||
15 | (e-1) Upon a declaration by the Governor that an emergency | ||||||
16 | harvest situation
exists, a special permit issued by the | ||||||
17 | Department under this Section shall not
be required from | ||||||
18 | September 1 through December 31 during harvest season
| ||||||
19 | emergencies, provided that the weight does not exceed 20% above | ||||||
20 | the limits
provided in Section 15-111. All other restrictions | ||||||
21 | that apply to permits
issued under this Section shall apply | ||||||
22 | during the declared time period. With
respect to highways under | ||||||
23 | the jurisdiction of local authorities, the local
authorities | ||||||
24 | may, at their discretion, waive special permit requirements | ||||||
25 | during
harvest season emergencies. This permit exemption shall | ||||||
26 | apply to all vehicles
eligible to obtain permits under this |
| |||||||
| |||||||
1 | Section, including commercial vehicles in
use during the | ||||||
2 | declared time period.
| ||||||
3 | (f) The form and content of the permit shall be determined | ||||||
4 | by the
Department with respect to highways under its | ||||||
5 | jurisdiction and by local
authorities with respect to highways | ||||||
6 | under their jurisdiction. Every permit
shall be in written form | ||||||
7 | and carried in the vehicle or combination of
vehicles to which | ||||||
8 | it refers and shall be open to inspection by any
police officer | ||||||
9 | or authorized agent of any authority granting the permit
and no | ||||||
10 | person shall violate any of the terms or conditions of such
| ||||||
11 | special permit. Violation of the terms and conditions of the | ||||||
12 | permit
shall not be deemed a revocation of the permit; however, | ||||||
13 | any vehicle and load
found to be off the route prescribed in | ||||||
14 | the permit shall be held to be
operating without a permit. Any | ||||||
15 | off route vehicle and load shall be required
to obtain a new | ||||||
16 | permit or permits, as necessary, to authorize the movement back
| ||||||
17 | onto the original permit routing. No rule or regulation, nor | ||||||
18 | anything herein
shall be construed to authorize any police | ||||||
19 | officer, court, or authorized agent
of any authority granting | ||||||
20 | the permit to remove the permit from the possession
of the | ||||||
21 | permittee unless the permittee is charged with a fraudulent | ||||||
22 | permit
violation as provided in paragraph (i). However, upon | ||||||
23 | arrest for an offense of
violation of permit, operating without | ||||||
24 | a permit when the vehicle is off route,
or any size or weight | ||||||
25 | offense under this Chapter when the permittee plans to
raise | ||||||
26 | the issuance of the permit as a defense, the permittee, or his |
| |||||||
| |||||||
1 | agent,
must produce the permit at any court hearing concerning | ||||||
2 | the alleged offense.
| ||||||
3 | If the permit designates and includes a routing to a | ||||||
4 | certified scale, the
permitee, while enroute to the designated | ||||||
5 | scale, shall be deemed in compliance
with the weight provisions | ||||||
6 | of the permit provided the axle or gross weights
do not exceed | ||||||
7 | any of the permitted limits by more than the following amounts:
| ||||||
8 | Single axle 2000 pounds
| ||||||
9 | Tandem axle 3000 pounds
| ||||||
10 | Gross 5000 pounds
| ||||||
11 | (g) The Department is authorized to adopt, amend, and to | ||||||
12 | make
available to interested persons a policy concerning | ||||||
13 | reasonable rules,
limitations and conditions or provisions of | ||||||
14 | operation upon highways
under its jurisdiction in addition to | ||||||
15 | those contained in this Section
for the movement by special | ||||||
16 | permit of vehicles, combinations, or loads
which cannot | ||||||
17 | reasonably be dismantled or disassembled, including
| ||||||
18 | manufactured and modular home sections and portions thereof. | ||||||
19 | All rules,
limitations and conditions or provisions adopted in | ||||||
20 | the policy shall
have due regard for the safety of the | ||||||
21 | traveling public and the protection
of the highway system and | ||||||
22 | shall have been promulgated in conformity with
the provisions | ||||||
23 | of the Illinois Administrative Procedure Act. The
requirements | ||||||
24 | of the policy for flagmen and escort vehicles shall be the
same | ||||||
25 | for all moves of comparable size and weight. When escort | ||||||
26 | vehicles are
required, they shall meet the following |
| |||||||
| |||||||
1 | requirements:
| ||||||
2 | (1) All operators shall be 18 years of age or over and | ||||||
3 | properly
licensed to operate the vehicle.
| ||||||
4 | (2) Vehicles escorting oversized loads more than | ||||||
5 | 12-feet wide must
be equipped with a rotating or flashing | ||||||
6 | amber light mounted on top as specified
under Section | ||||||
7 | 12-215.
| ||||||
8 | The Department shall establish reasonable rules and | ||||||
9 | regulations
regarding liability insurance or self insurance | ||||||
10 | for vehicles with
oversized loads promulgated under The | ||||||
11 | Illinois Administrative Procedure
Act. Police vehicles may be | ||||||
12 | required for escort under circumstances as
required by rules | ||||||
13 | and regulations of the Department.
| ||||||
14 | (h) Violation of any rule, limitation or condition or | ||||||
15 | provision of
any permit issued in accordance with the | ||||||
16 | provisions of this Section
shall not render the entire permit | ||||||
17 | null and void but the violator shall
be deemed guilty of | ||||||
18 | violation of permit and guilty of exceeding any size,
weight or | ||||||
19 | load limitations in excess of those authorized by the permit.
| ||||||
20 | The prescribed route or routes on the permit are not mere | ||||||
21 | rules, limitations,
conditions, or provisions of the permit, | ||||||
22 | but are also the sole extent of the
authorization granted by | ||||||
23 | the permit. If a vehicle and load are found to be
off the route | ||||||
24 | or routes prescribed by any permit authorizing movement,
the | ||||||
25 | vehicle and load are operating without a permit. Any off route | ||||||
26 | movement
shall be subject to the size and weight maximums, |
| |||||||
| |||||||
1 | under the applicable
provisions of this Chapter, as determined | ||||||
2 | by the type or class highway upon
which the vehicle and load | ||||||
3 | are being operated.
| ||||||
4 | (i) Whenever any vehicle is operated or movement made under | ||||||
5 | a
fraudulent permit the permit shall be void, and the person, | ||||||
6 | firm, or
corporation to whom such permit was granted, the | ||||||
7 | driver of such vehicle
in addition to the person who issued | ||||||
8 | such permit and any accessory,
shall be guilty of fraud and | ||||||
9 | either one or all persons may be prosecuted
for such violation. | ||||||
10 | Any person, firm, or corporation committing such
violation | ||||||
11 | shall be guilty of a Class 4 felony and the Department shall
| ||||||
12 | not issue permits to the person, firm or corporation convicted | ||||||
13 | of such
violation for a period of one year after the date of | ||||||
14 | conviction.
Penalties for violations of this Section shall be | ||||||
15 | in addition to any
penalties imposed for violation of other | ||||||
16 | Sections of this Act.
| ||||||
17 | (j) Whenever any vehicle is operated or movement made in | ||||||
18 | violation
of a permit issued in accordance with this Section, | ||||||
19 | the person to whom
such permit was granted, or the driver of | ||||||
20 | such vehicle, is guilty of
such violation and either, but not | ||||||
21 | both, persons may be prosecuted for
such violation as stated in | ||||||
22 | this subsection (j). Any person, firm or
corporation convicted | ||||||
23 | of such violation shall be guilty of a petty
offense and shall | ||||||
24 | be fined for the first offense, not less than $50 nor
more than | ||||||
25 | $200 and, for the second offense by the same person, firm or
| ||||||
26 | corporation within a period of one year, not less than $200 nor |
| |||||||
| |||||||
1 | more
than $300 and, for the third offense by the same person, | ||||||
2 | firm or
corporation within a period of one year after the date | ||||||
3 | of the first
offense, not less than $300 nor more than $500 and | ||||||
4 | the Department shall
not issue permits to the person, firm or | ||||||
5 | corporation convicted of a
third offense during a period of one | ||||||
6 | year after the date of conviction
for such third offense.
| ||||||
7 | (k) Whenever any vehicle is operated on local roads under | ||||||
8 | permits
for excess width or length issued by local authorities, | ||||||
9 | such vehicle may
be moved upon a State highway for a distance | ||||||
10 | not to exceed one-half mile
without a permit for the purpose of | ||||||
11 | crossing the State highway.
| ||||||
12 | (l) Notwithstanding any other provision of this Section, | ||||||
13 | the Department,
with respect to highways under its | ||||||
14 | jurisdiction, and local authorities, with
respect to highways | ||||||
15 | under their jurisdiction, may at their discretion authorize
the | ||||||
16 | movement of a vehicle in violation of any size or weight | ||||||
17 | requirement, or
both, that would not ordinarily be eligible for | ||||||
18 | a permit, when there is a
showing of extreme necessity that the | ||||||
19 | vehicle and load should be moved without
unnecessary delay.
| ||||||
20 | For the purpose of this subsection, showing of extreme | ||||||
21 | necessity shall be
limited to the following: shipments of | ||||||
22 | livestock, hazardous materials, liquid
concrete being hauled | ||||||
23 | in a mobile cement mixer, or hot asphalt.
| ||||||
24 | (m) Penalties for violations of this Section shall be in | ||||||
25 | addition to any
penalties imposed for violating any other | ||||||
26 | Section of this Code.
|
| |||||||
| |||||||
1 | (n) The Department with respect to highways under its | ||||||
2 | jurisdiction and
local
authorities with respect to highways | ||||||
3 | under their jurisdiction, in their
discretion and upon
| ||||||
4 | application in writing, may issue a special permit for | ||||||
5 | continuous limited
operation,
authorizing the applicant to | ||||||
6 | operate a tow-truck that exceeds the weight limits
provided
for | ||||||
7 | in subsection (d) of Section 15-111, provided:
| ||||||
8 | (1) no rear single axle of the tow-truck exceeds 26,000 | ||||||
9 | pounds;
| ||||||
10 | (2) no rear tandem axle of the tow-truck exceeds 50,000 | ||||||
11 | pounds;
| ||||||
12 | (2.1) no triple rear axle on a manufactured recovery | ||||||
13 | unit exceeds 56,000 pounds;
| ||||||
14 | (3) neither the disabled vehicle nor the disabled | ||||||
15 | combination of vehicles
exceed the
weight restrictions | ||||||
16 | imposed by this Chapter 15, or the weight limits imposed
| ||||||
17 | under a
permit issued by the Department prior to hookup;
| ||||||
18 | (4) the tow-truck prior to hookup does not exceed the | ||||||
19 | weight restrictions
imposed
by this Chapter 15;
| ||||||
20 | (5) during the tow operation the tow-truck does not | ||||||
21 | violate any weight
restriction
sign;
| ||||||
22 | (6) the tow-truck is equipped with flashing, rotating, | ||||||
23 | or oscillating
amber
lights,
visible for at least 500 feet | ||||||
24 | in all directions;
| ||||||
25 | (7) the tow-truck is specifically designed and | ||||||
26 | licensed as a tow-truck;
|
| |||||||
| |||||||
1 | (8) the tow-truck has a gross vehicle weight rating of | ||||||
2 | sufficient
capacity to safely
handle the load;
| ||||||
3 | (9) the tow-truck is equipped with air brakes;
| ||||||
4 | (10) the tow-truck is capable of utilizing the lighting | ||||||
5 | and braking
systems of the
disabled vehicle or combination | ||||||
6 | of vehicles;
| ||||||
7 | (11) the tow commences at the initial point of wreck or | ||||||
8 | disablement and terminates at a point where the repairs are | ||||||
9 | actually to occur;
| ||||||
10 | (12) the permit issued to the tow-truck is carried in | ||||||
11 | the tow-truck
and
exhibited on demand by a police officer; | ||||||
12 | and
| ||||||
13 | (13) the movement shall be valid only on state routes | ||||||
14 | approved by the
Department.
| ||||||
15 | (o) The Department, with respect to highways under its
| ||||||
16 | jurisdiction, and local authorities, with respect to highways | ||||||
17 | under
their jurisdiction, in their discretion and upon | ||||||
18 | application in
writing, may issue a special permit for | ||||||
19 | continuous limited
operation, authorizing the applicant to | ||||||
20 | transport raw milk that exceeds
the weight limits provided for | ||||||
21 | in subsections (b) and (f) of Section 15-111 of this Code, | ||||||
22 | provided:
| ||||||
23 | (1) no single axle exceeds 20,000 pounds;
| ||||||
24 | (2) no gross weight exceeds 80,000 pounds;
| ||||||
25 | (3) permits issued by the State are good only for | ||||||
26 | federal
and State highways and are not applicable to |
| |||||||
| |||||||
1 | interstate highways;
and
| ||||||
2 | (4) all road and bridge postings must be obeyed.
| ||||||
3 | (Source: P.A. 93-718, eff. 1-1-05; 93-971, eff. 8-20-04; | ||||||
4 | 93-1023, eff. 8-25-04; revised 10-14-04.)
| ||||||
5 | (625 ILCS 5/15-308.3)
| ||||||
6 | Sec. 15-308.3 .
Fees for special permits to transport raw | ||||||
7 | milk. The
fee for a special permit to transport raw milk is | ||||||
8 | $12.50
quarterly and $50.00 annually.
| ||||||
9 | (Source: P.A. 93-718, eff. 1-1-05; revised 9-25-06.)
| ||||||
10 | (625 ILCS 5/16-104b)
| ||||||
11 | Sec. 16-104b. Amounts for Trauma Center Fund. In counties | ||||||
12 | that have
elected not to distribute moneys under the | ||||||
13 | disbursement formulas in
Sections 27.5 and 27.6 of the Clerks | ||||||
14 | of Courts Act, the Circuit Clerk of
the County, when collecting | ||||||
15 | fees, fines, costs, additional penalties,
bail balances | ||||||
16 | assessed or forfeited, and any other amount imposed upon a
| ||||||
17 | conviction of or an order of supervision for a violation of | ||||||
18 | laws or ordinances
regulating the movement of traffic that | ||||||
19 | amounts to $55 or more, shall remit $5
of the total amount | ||||||
20 | collected, less 2 1/2% of the $5 to help defray the
| ||||||
21 | administrative costs incurred by the Clerk, except that upon a | ||||||
22 | conviction or
order of supervision for driving under the | ||||||
23 | influence of alcohol or drugs the
Clerk shall remit $105 of the | ||||||
24 | total amount collected ($5 for a
traffic violation
that amounts |
| |||||||
| |||||||
1 | to $55 or more and an additional fee of $100 to be
collected by | ||||||
2 | the
Circuit Clerk for a conviction or order of supervision for | ||||||
3 | driving under the
influence of alcohol or drugs), less the 2 | ||||||
4 | 1/2%, within 60 days
to
the State
Treasurer to be deposited | ||||||
5 | into the Trauma Center Fund. Of the amounts deposited
into the | ||||||
6 | Trauma Center Fund under this Section, 50% shall be disbursed | ||||||
7 | to the
Department of Public Health and 50% shall be disbursed | ||||||
8 | to the Department of Healthcare and Family Services
Public Aid .
| ||||||
9 | Not later than March 1 of each year the Circuit Clerk shall | ||||||
10 | submit a report
of the amount of funds remitted to the State | ||||||
11 | Treasurer under this Section
during the preceding calendar | ||||||
12 | year.
| ||||||
13 | (Source: P.A. 92-431, eff. 1-1-02; revised 12-15-05.)
| ||||||
14 | (625 ILCS 5/18a-404) (from Ch. 95 1/2, par. 18a-404)
| ||||||
15 | Sec. 18a-404. Operator's and dispatcher's employment | ||||||
16 | permits -
Revocation. | ||||||
17 | (1) The Commission shall suspend or revoke the permit of
an | ||||||
18 | operator if it finds that:
| ||||||
19 | (a) The operator or dispatcher made a false statement | ||||||
20 | on the application
for an operator's or dispatcher's | ||||||
21 | employment permit;
| ||||||
22 | (b) The operator's or dispatcher's driver's license | ||||||
23 | issued by the
Secretary of State has been suspended or | ||||||
24 | revoked; or
| ||||||
25 | (c) The operator or dispatcher has been convicted, |
| |||||||
| |||||||
1 | during the preceding
5 years, of any criminal offense of | ||||||
2 | the State of Illinois or any other
jurisdiction involving | ||||||
3 | any of the following, and the holder does not make a
| ||||||
4 | compelling showing that he is nevertheless fit to hold an | ||||||
5 | operator's license: | ||||||
6 | (i) Bodily injury or attempt to inflict bodily | ||||||
7 | injury to another;
| ||||||
8 | (ii) Theft of property or attempted theft of | ||||||
9 | property; or
| ||||||
10 | (iii) Sexual assault or attempted sexual assault | ||||||
11 | of any kind; or
| ||||||
12 | (d) The operator or dispatcher has, during the | ||||||
13 | preceding 5 years, violated this Chapter, Commission | ||||||
14 | regulations or orders, or any other law affecting public | ||||||
15 | safety, and the holder does not make a
compelling showing | ||||||
16 | that he or she is nevertheless fit to hold an operator's | ||||||
17 | license.
| ||||||
18 | (2) The Commission, upon notification and verification of | ||||||
19 | any conviction
described in this Section, of any person to whom | ||||||
20 | license has been issued,
occurring within the 5 years prior to | ||||||
21 | such issuance or any time thereafter,
shall immediately suspend | ||||||
22 | the employment permit of such person, and
issue an order | ||||||
23 | setting forth the grounds for revocation. The person and
his | ||||||
24 | employer shall be notified of such suspension. Such person | ||||||
25 | shall not
thereafter be employed by a relocator until a final | ||||||
26 | order is issued by the
Commission either reinstating the |
| |||||||
| |||||||
1 | employment permit, upon a finding that
the reinstatement of an | ||||||
2 | employment permit to the person constitutes no
threat to the | ||||||
3 | public safety, or revoking the employment permit.
| ||||||
4 | (3) If the employment permit is revoked, the
person shall | ||||||
5 | not thereafter be employed by a relocator until he obtains an
| ||||||
6 | employment permit license under Article IV of this Chapter.
| ||||||
7 | (Source: P.A. 94-895, eff. 1-1-07; revised 8-3-06.)
| ||||||
8 | Section 1010. The Clerks of Courts Act is amended by | ||||||
9 | changing Sections 27.1a, 27.3b, and 27.3d as follows:
| ||||||
10 | (705 ILCS 105/27.1a) (from Ch. 25, par. 27.1a)
| ||||||
11 | Sec. 27.1a. The fees of the clerks of the circuit court in | ||||||
12 | all
counties having a population of not more than
500,000 | ||||||
13 | inhabitants in the instances described in this Section
shall be | ||||||
14 | as provided in this Section.
In those instances where a minimum | ||||||
15 | and maximum fee is stated, the clerk of
the circuit court must | ||||||
16 | charge the minimum fee listed and may charge up to the
maximum | ||||||
17 | fee if the county board has by resolution increased the fee.
| ||||||
18 | The fees shall be paid in advance and
shall be as follows:
| ||||||
19 | (a) Civil Cases.
| ||||||
20 | The fee for filing a complaint, petition, or other | ||||||
21 | pleading initiating
a civil action, with the following | ||||||
22 | exceptions, shall be a minimum of $40 and
a maximum of | ||||||
23 | $160.
| ||||||
24 | (A) When the amount of money or damages or the |
| |||||||
| |||||||
1 | value of personal
property claimed does not exceed | ||||||
2 | $250, $10.
| ||||||
3 | (B) When that amount exceeds $250 but does not | ||||||
4 | exceed $500, a minimum
of $10 and a maximum of $20.
| ||||||
5 | (C) When that amount exceeds $500 but does not | ||||||
6 | exceed $2500, a minimum
of $25 and a maximum of $40.
| ||||||
7 | (D) When that amount exceeds $2500 but does not | ||||||
8 | exceed $15,000, a
minimum of $25 and a maximum of $75.
| ||||||
9 | (E) For the exercise of eminent domain, a minimum | ||||||
10 | of $45 and
a maximum of $150. For each additional
lot | ||||||
11 | or tract of land or right or interest therein subject | ||||||
12 | to be condemned,
the damages in respect to which shall | ||||||
13 | require separate assessment by a
jury, a minimum of $45 | ||||||
14 | and a maximum of $150.
| ||||||
15 | (a-1) Family.
| ||||||
16 | For filing a petition under the Juvenile Court Act of | ||||||
17 | 1987, $25.
| ||||||
18 | For filing a petition for a marriage license, $10.
| ||||||
19 | For performing a marriage in court, $10.
| ||||||
20 | For filing a petition under the Illinois Parentage Act | ||||||
21 | of 1984, $40.
| ||||||
22 | (b) Forcible Entry and Detainer.
| ||||||
23 | In each forcible entry and detainer case when the | ||||||
24 | plaintiff seeks
possession only or unites with his or her | ||||||
25 | claim for possession of the property
a claim for rent or | ||||||
26 | damages or both in the amount of $15,000 or less, a
minimum |
| |||||||
| |||||||
1 | of $10 and a maximum of $50.
When the plaintiff unites his | ||||||
2 | or her claim for possession with a claim for
rent or | ||||||
3 | damages or both exceeding $15,000, a minimum of $40 and a | ||||||
4 | maximum of
$160.
| ||||||
5 | (c) Counterclaim or Joining Third Party Defendant.
| ||||||
6 | When any defendant files a counterclaim as part of his | ||||||
7 | or her
answer or otherwise or joins another party as a | ||||||
8 | third party defendant, or
both, the defendant shall pay a | ||||||
9 | fee for each counterclaim or third
party action in an | ||||||
10 | amount equal to the fee he or she would have had to pay
had | ||||||
11 | he or she brought a separate action for the relief sought | ||||||
12 | in the
counterclaim or against the third party defendant, | ||||||
13 | less the amount of the
appearance fee, if that has been | ||||||
14 | paid.
| ||||||
15 | (d) Confession of Judgment.
| ||||||
16 | In a confession of judgment when the amount does not | ||||||
17 | exceed $1500, a
minimum of $20 and a maximum of $50.
When | ||||||
18 | the amount exceeds $1500, but does not exceed $15,000, a
| ||||||
19 | minimum of $40 and a maximum of $115. When the
amount | ||||||
20 | exceeds $15,000, a minimum of $40 and a maximum of $200.
| ||||||
21 | (e) Appearance.
| ||||||
22 | The fee for filing an appearance in each civil case | ||||||
23 | shall be a minimum of
$15 and a maximum of $60,
except as | ||||||
24 | follows:
| ||||||
25 | (A) When the plaintiff in a forcible entry and | ||||||
26 | detainer case seeks
possession only, a minimum of $10 |
| |||||||
| |||||||
1 | and a maximum of $50.
| ||||||
2 | (B) When the amount in the case does not exceed | ||||||
3 | $1500, a minimum of
$10 and a maximum of $30.
| ||||||
4 | (C) When that amount exceeds $1500 but does not | ||||||
5 | exceed $15,000, a
minimum of $15 and a maximum of $60.
| ||||||
6 | (f) Garnishment, Wage Deduction, and Citation.
| ||||||
7 | In garnishment affidavit, wage deduction affidavit, | ||||||
8 | and citation
petition when the amount does not exceed | ||||||
9 | $1,000, a minimum of $5 and a
maximum
of $15; when the | ||||||
10 | amount
exceeds $1,000 but does not exceed $5,000, a minimum | ||||||
11 | of $5 and a maximum of
$30; and when the amount exceeds
| ||||||
12 | $5,000, a minimum of $5 and a maximum of $50.
| ||||||
13 | (g) Petition to Vacate or Modify.
| ||||||
14 | (1) Petition to vacate or modify any final judgment or | ||||||
15 | order of
court, except in forcible entry and detainer cases | ||||||
16 | and small claims cases
or a petition to reopen an estate, | ||||||
17 | to modify, terminate, or enforce a
judgment or order for | ||||||
18 | child or spousal support, or to modify, suspend, or
| ||||||
19 | terminate an order for withholding, if filed before 30 days | ||||||
20 | after the entry
of the judgment or order, a minimum of $20 | ||||||
21 | and a maximum of $50.
| ||||||
22 | (2) Petition to vacate or modify any final judgment or | ||||||
23 | order of court,
except a petition to modify, terminate, or | ||||||
24 | enforce a judgment or order for
child or spousal support or | ||||||
25 | to modify, suspend, or terminate an order for
withholding, | ||||||
26 | if filed later than 30 days after the entry of the judgment |
| |||||||
| |||||||
1 | or
order, a minimum of $20 and a maximum of $75.
| ||||||
2 | (3) Petition to vacate order of bond forfeiture, a | ||||||
3 | minimum of $10 and a
maximum of $40.
| ||||||
4 | (h) Mailing.
| ||||||
5 | When the clerk is required to mail, the fee will be a | ||||||
6 | minimum of $2 and a
maximum of $10,
plus the cost of | ||||||
7 | postage.
| ||||||
8 | (i) Certified Copies.
| ||||||
9 | Each certified copy of a judgment after the first, | ||||||
10 | except in small
claims and forcible entry and detainer | ||||||
11 | cases, a minimum of $2 and a maximum
of $10.
| ||||||
12 | (j) Habeas Corpus.
| ||||||
13 | For filing a petition for relief by habeas corpus, a | ||||||
14 | minimum of $60 and a
maximum of $100.
| ||||||
15 | (k) Certification, Authentication, and Reproduction.
| ||||||
16 | (1) Each certification or authentication for taking | ||||||
17 | the acknowledgment
of a deed or other instrument in writing | ||||||
18 | with the seal of office, a minimum
of $2 and a maximum of | ||||||
19 | $6.
| ||||||
20 | (2) Court appeals when original documents are | ||||||
21 | forwarded, under 100 pages,
plus delivery and costs, a | ||||||
22 | minimum of $20 and a maximum of $60.
| ||||||
23 | (3) Court appeals when original documents are | ||||||
24 | forwarded, over 100 pages,
plus delivery and costs, a | ||||||
25 | minimum of $50 and a maximum of $150.
| ||||||
26 | (4) Court appeals when original documents are |
| |||||||
| |||||||
1 | forwarded, over 200
pages, an additional fee of a minimum | ||||||
2 | of 20 cents and a maximum of 25 cents per page.
| ||||||
3 | (5) For reproduction of any document contained in the | ||||||
4 | clerk's files:
| ||||||
5 | (A) First page, a minimum of $1 and a maximum
of | ||||||
6 | $2.
| ||||||
7 | (B) Next 19 pages, 50 cents per page.
| ||||||
8 | (C) All remaining pages, 25 cents per page.
| ||||||
9 | (l) Remands.
| ||||||
10 | In any cases remanded to the Circuit Court from the | ||||||
11 | Supreme Court
or the Appellate Court for a new trial, the | ||||||
12 | clerk shall file the remanding
order and reinstate the case | ||||||
13 | with either its original number or a new number.
The Clerk | ||||||
14 | shall not charge any new or additional fee for the | ||||||
15 | reinstatement.
Upon reinstatement the Clerk shall advise | ||||||
16 | the parties of the reinstatement. A
party shall have the | ||||||
17 | same right to a jury trial on remand and reinstatement as
| ||||||
18 | he or she had before the appeal, and no additional or new | ||||||
19 | fee or charge shall
be made for a jury trial after remand.
| ||||||
20 | (m) Record Search.
| ||||||
21 | For each record search, within a division or municipal | ||||||
22 | district, the
clerk shall be entitled to a search fee of a | ||||||
23 | minimum of $4 and a maximum of
$6 for each year searched.
| ||||||
24 | (n) Hard Copy.
| ||||||
25 | For each page of hard copy print output, when case | ||||||
26 | records are
maintained on an automated medium, the clerk |
| |||||||
| |||||||
1 | shall be entitled to a fee of a
minimum of $4 and a maximum | ||||||
2 | of $6.
| ||||||
3 | (o) Index Inquiry and Other Records.
| ||||||
4 | No fee shall be charged for a single | ||||||
5 | plaintiff/defendant index inquiry
or single case record | ||||||
6 | inquiry when this request is made in person and the
records | ||||||
7 | are maintained in a current automated medium, and when no | ||||||
8 | hard copy
print output is requested. The fees to be charged | ||||||
9 | for management records,
multiple case records, and | ||||||
10 | multiple journal records may be specified by the
Chief | ||||||
11 | Judge pursuant to the guidelines for access and | ||||||
12 | dissemination of
information approved by the Supreme | ||||||
13 | Court.
| ||||||
14 | (p) (Blank).
| ||||||
15 | a minimum of $25 and a maximum
of $50
| ||||||
16 | (q) Alias Summons.
| ||||||
17 | For each alias summons or citation issued by the clerk, | ||||||
18 | a minimum of $2
and a maximum of $5.
| ||||||
19 | (r) Other Fees.
| ||||||
20 | Any fees not covered in this Section shall be set by | ||||||
21 | rule or
administrative order of the Circuit Court with the | ||||||
22 | approval of the
Administrative Office of the Illinois | ||||||
23 | Courts.
| ||||||
24 | The clerk of the circuit court may provide additional | ||||||
25 | services for
which there is no fee specified by statute in | ||||||
26 | connection with the operation
of the clerk's office as may |
| |||||||
| |||||||
1 | be requested by the public and agreed to by
the clerk and | ||||||
2 | approved by the chief judge of the circuit court. Any
| ||||||
3 | charges for additional services shall be as agreed to
| ||||||
4 | between the clerk and the party making the request and | ||||||
5 | approved by the
chief judge of the circuit court. Nothing | ||||||
6 | in this
subsection shall be construed to require any clerk | ||||||
7 | to provide any service
not otherwise required by law.
| ||||||
8 | (s) Jury Services.
| ||||||
9 | The clerk shall be entitled to receive, in addition to | ||||||
10 | other fees
allowed by law, the sum of a minimum of $62.50 | ||||||
11 | and a maximum of $212.50, as a fee for the services of a | ||||||
12 | jury in
every civil action not quasi-criminal in its nature | ||||||
13 | and not a proceeding
for the exercise of the right of | ||||||
14 | eminent domain and in every other action
wherein the right | ||||||
15 | of trial by jury is or may be given by law. The jury fee
| ||||||
16 | shall be paid by the party demanding a jury at the time of | ||||||
17 | filing the jury
demand. If the fee is not paid by either | ||||||
18 | party, no jury shall be called in
the action or proceeding, | ||||||
19 | and the same shall be tried by the court without
a jury.
| ||||||
20 | (t) Voluntary Assignment.
| ||||||
21 | For filing each deed of voluntary assignment, a minimum | ||||||
22 | of $10 and a
maximum of $20; for recording
the same, a | ||||||
23 | minimum of 25 cents and a maximum of 50 cents for each
100 | ||||||
24 | words. Exceptions filed to claims presented
to an assignee | ||||||
25 | of a debtor who has made a voluntary assignment for the
| ||||||
26 | benefit of creditors shall be considered and treated, for |
| |||||||
| |||||||
1 | the purpose of
taxing costs therein, as actions in which | ||||||
2 | the party or parties filing
the exceptions shall be | ||||||
3 | considered as party or parties plaintiff, and
the claimant | ||||||
4 | or claimants as party or parties defendant, and those
| ||||||
5 | parties respectively shall pay to the clerk the same fees
| ||||||
6 | as provided by this Section to be paid in other actions.
| ||||||
7 | (u) Expungement Petition.
| ||||||
8 | The clerk shall be entitled to receive a fee of a | ||||||
9 | minimum of $15 and a
maximum of $60 for each
expungement | ||||||
10 | petition filed and an additional fee of a minimum of $2 and | ||||||
11 | a
maximum of $4 for each certified
copy of an order to | ||||||
12 | expunge arrest records.
| ||||||
13 | (v) Probate.
| ||||||
14 | The clerk is entitled to receive the fees
specified in | ||||||
15 | this subsection (v), which shall be paid in advance,
except | ||||||
16 | that, for good cause shown, the court may suspend, reduce, | ||||||
17 | or
release the costs payable under this subsection:
| ||||||
18 | (1) For administration of the estate of a decedent | ||||||
19 | (whether testate
or intestate) or of a missing person, a | ||||||
20 | minimum of $50 and a maximum of
$150, plus the fees | ||||||
21 | specified in
subsection (v)(3), except:
| ||||||
22 | (A) When the value of the real and personal | ||||||
23 | property does not exceed
$15,000, the fee shall be a | ||||||
24 | minimum of $25 and a maximum of $40.
| ||||||
25 | (B) When (i) proof of heirship alone is made, (ii) | ||||||
26 | a domestic or
foreign will is admitted to probate |
| |||||||
| |||||||
1 | without administration (including
proof of heirship), | ||||||
2 | or (iii) letters of office are issued for a particular
| ||||||
3 | purpose without administration of the estate, the fee | ||||||
4 | shall be a minimum of
$10 and a maximum of $40.
| ||||||
5 | (C) For filing a petition to sell Real Estate, $50.
| ||||||
6 | (2) For administration of the estate of a ward, a | ||||||
7 | minimum of $50 and a
maximum of $75,
plus the fees | ||||||
8 | specified in subsection (v)(3), except:
| ||||||
9 | (A) When the value of the real and personal | ||||||
10 | property does not exceed
$15,000, the fee shall be a | ||||||
11 | minimum of $25 and a maximum of $40.
| ||||||
12 | (B) When (i) letters of office are issued to a | ||||||
13 | guardian of the person
or persons,
but not of the | ||||||
14 | estate or (ii) letters of office are issued in the | ||||||
15 | estate of
a ward without administration of the estate, | ||||||
16 | including filing or joining in
the filing of a tax | ||||||
17 | return or releasing a mortgage or consenting to the
| ||||||
18 | marriage of the ward, the fee shall be a minimum of $10 | ||||||
19 | and a maximum of
$20.
| ||||||
20 | (C) For filing a Petition to sell Real Estate, $50.
| ||||||
21 | (3) In addition to the fees payable under subsection | ||||||
22 | (v)(1) or (v)(2)
of this Section, the following fees are | ||||||
23 | payable:
| ||||||
24 | (A) For each account (other than one final account) | ||||||
25 | filed in the
estate of a decedent, or ward, a minimum | ||||||
26 | of $10 and a maximum of $25.
|
| |||||||
| |||||||
1 | (B) For filing a claim in an estate when the amount | ||||||
2 | claimed is $150
or more but less than $500, a minimum | ||||||
3 | of $10 and a maximum of $25;
when the amount claimed is | ||||||
4 | $500 or more
but less than $10,000, a minimum of $10 | ||||||
5 | and a maximum of $40; when
the amount claimed is | ||||||
6 | $10,000 or more, a minimum of $10 and a maximum of
$60; | ||||||
7 | provided that the court in allowing a claim may add to | ||||||
8 | the
amount
allowed the filing fee paid by the claimant.
| ||||||
9 | (C) For filing in an estate a claim, petition, or | ||||||
10 | supplemental
proceeding based upon an action seeking | ||||||
11 | equitable relief including the
construction or contest | ||||||
12 | of a will, enforcement of a contract to make a
will, | ||||||
13 | and proceedings involving testamentary trusts or the | ||||||
14 | appointment of
testamentary trustees, a minimum of $40 | ||||||
15 | and a maximum of $60.
| ||||||
16 | (D) For filing in an estate (i) the appearance of | ||||||
17 | any person for the
purpose of consent or (ii) the | ||||||
18 | appearance of an executor, administrator,
| ||||||
19 | administrator to collect, guardian, guardian ad litem, | ||||||
20 | or special
administrator, no fee.
| ||||||
21 | (E) Except as provided in subsection (v)(3)(D), | ||||||
22 | for filing the
appearance of any person or persons, a | ||||||
23 | minimum of $10 and a maximum of $30.
| ||||||
24 | (F) For each jury demand, a minimum of $62.50 and a | ||||||
25 | maximum of
$137.50.
| ||||||
26 | (G) For disposition of the collection of a judgment |
| |||||||
| |||||||
1 | or settlement of
an action or claim for wrongful death | ||||||
2 | of a decedent or of any cause of
action of a ward, when | ||||||
3 | there is no other administration of the estate, a
| ||||||
4 | minimum of $30 and a maximum of $50,
less any amount | ||||||
5 | paid under subsection (v)(1)(B) or (v)(2)(B) except | ||||||
6 | that if
the amount involved does not exceed $5,000, the | ||||||
7 | fee, including any amount
paid under subsection | ||||||
8 | (v)(1)(B) or (v)(2)(B), shall be a minimum of $10 and a
| ||||||
9 | maximum of $20.
| ||||||
10 | (H) For each certified copy of letters of office, | ||||||
11 | of court order or
other certification, a minimum of $1 | ||||||
12 | and a maximum of $2, plus a
minimum of 50 cents and a | ||||||
13 | maximum of $1 per page in excess of 3 pages
for the
| ||||||
14 | document certified.
| ||||||
15 | (I) For each exemplification, a minimum of $1 and a | ||||||
16 | maximum of $2, plus the fee for certification.
| ||||||
17 | (4) The executor, administrator, guardian, petitioner,
| ||||||
18 | or other interested person or his or her attorney shall pay | ||||||
19 | the cost of
publication by the clerk directly to the | ||||||
20 | newspaper.
| ||||||
21 | (5) The person on whose behalf a charge is incurred for | ||||||
22 | witness,
court reporter, appraiser, or other miscellaneous | ||||||
23 | fee shall pay the same
directly to the person entitled | ||||||
24 | thereto.
| ||||||
25 | (6) The executor, administrator, guardian, petitioner, | ||||||
26 | or other
interested person or his or her attorney shall pay |
| |||||||
| |||||||
1 | to the clerk all postage
charges incurred by the clerk in | ||||||
2 | mailing petitions, orders, notices, or
other documents | ||||||
3 | pursuant to the provisions of the Probate Act of 1975.
| ||||||
4 | (w) Criminal and Quasi-Criminal Costs and Fees.
| ||||||
5 | (1) The clerk shall be entitled to costs in all | ||||||
6 | criminal
and quasi-criminal cases from each person | ||||||
7 | convicted or sentenced to
supervision therein as follows:
| ||||||
8 | (A) Felony complaints, a minimum of $40 and a | ||||||
9 | maximum of $100.
| ||||||
10 | (B) Misdemeanor complaints, a minimum of $25 and a | ||||||
11 | maximum of $75.
| ||||||
12 | (C) Business offense complaints, a minimum of $25 | ||||||
13 | and a maximum of
$75.
| ||||||
14 | (D) Petty offense complaints, a minimum of $25 and | ||||||
15 | a maximum of $75.
| ||||||
16 | (E) Minor traffic or ordinance violations, $10.
| ||||||
17 | (F) When court appearance required, $15.
| ||||||
18 | (G) Motions to vacate or amend final orders, a | ||||||
19 | minimum of $20 and a
maximum of $40.
| ||||||
20 | (H) Motions to vacate bond forfeiture orders, a | ||||||
21 | minimum of $20 and
a maximum of $40.
| ||||||
22 | (I) Motions to vacate ex parte judgments, whenever | ||||||
23 | filed, a minimum of
$20 and a maximum of $40.
| ||||||
24 | (J) Motions to vacate judgment on forfeitures, | ||||||
25 | whenever filed, a
minimum of $20 and a maximum of $40.
| ||||||
26 | (K) Motions to vacate "failure to appear" or |
| |||||||
| |||||||
1 | "failure to comply"
notices sent to the Secretary of | ||||||
2 | State, a minimum of $20 and a maximum of
$40.
| ||||||
3 | (2) In counties having a population of not
more
than | ||||||
4 | 500,000 inhabitants, when the violation complaint is
| ||||||
5 | issued by a
municipal police department, the clerk shall be | ||||||
6 | entitled to costs from each
person convicted therein as | ||||||
7 | follows:
| ||||||
8 | (A) Minor traffic or ordinance violations, $10.
| ||||||
9 | (B) When court appearance required, $15.
| ||||||
10 | (3) In ordinance violation cases punishable by fine | ||||||
11 | only, the clerk
of the circuit court shall be entitled to | ||||||
12 | receive, unless the fee is
excused upon a finding by the | ||||||
13 | court that the defendant is indigent, in
addition to other | ||||||
14 | fees or costs allowed or imposed by law, the sum of a
| ||||||
15 | minimum of $62.50 and a maximum of $137.50
as a fee for the | ||||||
16 | services of a jury. The jury fee shall be paid by the
| ||||||
17 | defendant at the time of filing his or her jury demand. If | ||||||
18 | the fee is not
so paid by the defendant, no jury shall be | ||||||
19 | called, and the case shall be
tried by the court without a | ||||||
20 | jury.
| ||||||
21 | (x) Transcripts of Judgment.
| ||||||
22 | For the filing of a transcript of judgment, the clerk | ||||||
23 | shall be entitled
to the same fee as if it were the | ||||||
24 | commencement of a new suit.
| ||||||
25 | (y) Change of Venue.
| ||||||
26 | (1) For the filing of a change of case on a change of |
| |||||||
| |||||||
1 | venue, the clerk
shall be entitled to the same fee as if it | ||||||
2 | were the commencement of a new suit.
| ||||||
3 | (2) The fee for the preparation and certification of a | ||||||
4 | record on a
change of venue to another jurisdiction, when | ||||||
5 | original documents are
forwarded, a minimum of $10 and a | ||||||
6 | maximum of $40.
| ||||||
7 | (z) Tax objection complaints.
| ||||||
8 | For each tax objection complaint containing one or more | ||||||
9 | tax
objections, regardless of the number of parcels | ||||||
10 | involved or the number of
taxpayers joining on the | ||||||
11 | complaint, a minimum of $10 and a maximum of $50.
| ||||||
12 | (aa) Tax Deeds.
| ||||||
13 | (1) Petition for tax deed, if only one parcel is | ||||||
14 | involved, a minimum of
$45 and a maximum of $200.
| ||||||
15 | (2) For each additional parcel, add a fee of a minimum | ||||||
16 | of $10 and a
maximum of $60.
| ||||||
17 | (bb) Collections.
| ||||||
18 | (1) For all collections made of others, except the | ||||||
19 | State and county
and except in maintenance or child support | ||||||
20 | cases, a sum equal to a
minimum of 2% and a maximum of 2.5% | ||||||
21 | of
the amount collected and turned over.
| ||||||
22 | (2) Interest earned on any funds held by the clerk | ||||||
23 | shall be turned
over to the county general fund as an | ||||||
24 | earning of the office.
| ||||||
25 | (3) For any check, draft, or other bank instrument | ||||||
26 | returned to the
clerk for non-sufficient funds, account |
| |||||||
| |||||||
1 | closed, or
payment stopped, $25.
| ||||||
2 | (4) In child support and maintenance cases, the clerk, | ||||||
3 | if authorized by an
ordinance of the county board, may | ||||||
4 | collect an annual fee of up to $36 from
the person making | ||||||
5 | payment for maintaining child support records and the
| ||||||
6 | processing of support orders to the State of Illinois KIDS | ||||||
7 | system and the
recording of payments issued by the State | ||||||
8 | Disbursement Unit for the official
record of the Court. | ||||||
9 | This fee shall be in addition
to and separate from amounts | ||||||
10 | ordered to be paid as maintenance or child
support and | ||||||
11 | shall be deposited into a Separate Maintenance and Child | ||||||
12 | Support
Collection Fund, of which the clerk shall be the | ||||||
13 | custodian, ex-officio, to
be used by the clerk to maintain | ||||||
14 | child support orders and record all payments
issued by the | ||||||
15 | State Disbursement Unit for the official record of the | ||||||
16 | Court.
The clerk may recover from the person making the | ||||||
17 | maintenance or child support
payment any additional cost | ||||||
18 | incurred in the collection of this annual
fee.
| ||||||
19 | The clerk shall also be entitled to a fee of $5 for | ||||||
20 | certifications made
to the Secretary of State as provided | ||||||
21 | in Section 7-703 of the Family
Financial Responsibility Law | ||||||
22 | and these fees shall also be deposited into the
Separate | ||||||
23 | Maintenance and Child Support Collection Fund.
| ||||||
24 | (cc) Corrections of Numbers.
| ||||||
25 | For correction of the case number, case
title, or | ||||||
26 | attorney computer identification number, if required by |
| |||||||
| |||||||
1 | rule of
court, on any document filed in the clerk's office, | ||||||
2 | to be charged against
the party that filed the document, a | ||||||
3 | minimum of $10 and a maximum of $25.
| ||||||
4 | (dd) Exceptions.
| ||||||
5 | (1) The fee requirements of this Section shall not | ||||||
6 | apply to police
departments or other law enforcement | ||||||
7 | agencies. In this Section, "law
enforcement agency" means | ||||||
8 | an agency of the State or a unit of local
government which | ||||||
9 | is vested by law or ordinance with the duty to maintain
| ||||||
10 | public order and to enforce criminal laws or ordinances. | ||||||
11 | "Law enforcement
agency" also means the Attorney General or | ||||||
12 | any state's attorney.
| ||||||
13 | (2) No fee provided herein shall be charged to any unit | ||||||
14 | of local
government or school district.
| ||||||
15 | (3) The fee requirements of this Section shall not | ||||||
16 | apply to any action
instituted under subsection (b) of | ||||||
17 | Section 11-31-1 of the Illinois Municipal
Code by a private | ||||||
18 | owner or tenant of real property within 1200 feet of a
| ||||||
19 | dangerous or unsafe building seeking an order compelling | ||||||
20 | the owner or owners of
the building to take any of the | ||||||
21 | actions authorized under that subsection.
| ||||||
22 | (4) The fee requirements of this Section shall not | ||||||
23 | apply to the filing of
any
commitment petition or petition | ||||||
24 | for an order authorizing the administration of
authorized
| ||||||
25 | involuntary treatment in the form of medication under the | ||||||
26 | Mental Health and
Developmental Disabilities Code.
|
| |||||||
| |||||||
1 | (ee) Adoptions.
| ||||||
2 | (1) For an adoption ..............................$65
| ||||||
3 | (2) Upon good cause shown, the court may waive the | ||||||
4 | adoption filing fee in
a special needs adoption. The term | ||||||
5 | "special needs adoption" shall have the
meaning ascribed to | ||||||
6 | it by the Illinois Department of Children and Family
| ||||||
7 | Services.
| ||||||
8 | (ff) Adoption exemptions.
| ||||||
9 | No fee other than that set forth in subsection (ee) | ||||||
10 | shall be charged to any
person in connection with an | ||||||
11 | adoption proceeding nor may any fee be charged for
| ||||||
12 | proceedings for the appointment of a confidential | ||||||
13 | intermediary under the
Adoption Act.
| ||||||
14 | (Source: P.A. 92-16, eff.
6-28-01; 92-521, eff. 6-1-02; 93-39, | ||||||
15 | eff. 7-1-03; 93-385, eff. 7-25-03; 93-573,
eff. 8-21-03; | ||||||
16 | revised 9-5-03.)
| ||||||
17 | (705 ILCS 105/27.3b) (from Ch. 25, par. 27.3b)
| ||||||
18 | Sec. 27.3b. The clerk of court may accept payment of fines, | ||||||
19 | penalties,
or costs
by credit card
or debit card
approved by | ||||||
20 | the clerk from an offender who has been
convicted of or placed | ||||||
21 | on court supervision for a traffic
offense, petty offense, | ||||||
22 | ordinance offense, or misdemeanor or who has been
convicted of | ||||||
23 | a felony offense. The clerk of the circuit court may accept
| ||||||
24 | credit card payments over the Internet for fines, penalties, or | ||||||
25 | costs from
offenders on voluntary electronic pleas of guilty in |
| |||||||
| |||||||
1 | minor traffic and
conservation offenses to satisfy the | ||||||
2 | requirement of written pleas of guilty as
provided in Illinois | ||||||
3 | Supreme Court Rule 529. The clerk of the court may also
accept
| ||||||
4 | payment of statutory fees by a credit card or debit card.
The | ||||||
5 | clerk of the court may
also accept the credit card
or debit | ||||||
6 | card
for the cash deposit of bail bond fees.
| ||||||
7 | The Clerk of the circuit court is authorized to enter into | ||||||
8 | contracts
with credit card
or debit card
companies approved by | ||||||
9 | the clerk and to negotiate the payment of convenience
and | ||||||
10 | administrative fees normally charged by those companies for | ||||||
11 | allowing the clerk of the circuit
court to accept their credit | ||||||
12 | cards
or debit cards
in payment as authorized herein. The clerk | ||||||
13 | of the circuit court is authorized
to enter into contracts with | ||||||
14 | third party fund guarantors, facilitators, and
service | ||||||
15 | providers under which those entities may contract directly with
| ||||||
16 | customers of
the clerk of the circuit court and guarantee and | ||||||
17 | remit the payments to the
clerk of the circuit court. Where the
| ||||||
18 | offender pays fines, penalties, or costs by credit card or | ||||||
19 | debit card or through a third party fund guarantor, | ||||||
20 | facilitator, or service
provider,
or anyone paying
statutory | ||||||
21 | fees of
the circuit court clerk or the posting of cash bail, | ||||||
22 | the clerk shall
collect a service fee of up to $5 or the amount | ||||||
23 | charged to the clerk for use of
its services by
the credit card | ||||||
24 | or debit card issuer, third party fund guarantor,
facilitator, | ||||||
25 | or service provider. This service fee shall be
in addition to | ||||||
26 | any other fines, penalties, or
costs. The clerk of the circuit |
| |||||||
| |||||||
1 | court is authorized to negotiate the
assessment of convenience | ||||||
2 | and administrative fees by the third party fund
guarantors, | ||||||
3 | facilitators, and service providers with the revenue earned by | ||||||
4 | the
clerk of the circuit court to be remitted
to the
county | ||||||
5 | general revenue fund.
| ||||||
6 | (Source: P.A. 93-391, eff. 1-1-04; 93-760, eff. 1-1-05; 93-836, | ||||||
7 | eff. 1-1-05; revised 10-14-04.)
| ||||||
8 | (705 ILCS 105/27.3d)
| ||||||
9 | Sec. 27.3d. Circuit Court Clerk Operation and | ||||||
10 | Administrative Fund.
Each Circuit Court Clerk shall create a | ||||||
11 | Circuit Court Clerk Operation and Administrative Fund, to be | ||||||
12 | used to offset the costs incurred by the Circuit Court Clerk in | ||||||
13 | performing the additional duties required to collect and | ||||||
14 | disburse funds to entities of State and local government as | ||||||
15 | provided by law. The Circuit Court Clerk shall be the | ||||||
16 | custodian, ex officio, of this Fund and shall use the Fund to | ||||||
17 | perform the duties required by the office. The Fund shall be | ||||||
18 | audited by the an auditor retained by the Clerk for the purpose | ||||||
19 | of conducting the Annual Circuit Court Clerk Audit an annual | ||||||
20 | audit . Expenditures shall be made from the Fund by the Circuit | ||||||
21 | Court Clerk for expenses related to the cost of collection for | ||||||
22 | and disbursement to entities of State and local government.
| ||||||
23 | (Source: P.A. 94-980, eff. 6-30-06; 94-1009, eff. 1-1-07; | ||||||
24 | revised 9-14-06.)
|
| |||||||
| |||||||
1 | Section 1015. The Attorney Act is amended by changing | ||||||
2 | Section 1 as follows:
| ||||||
3 | (705 ILCS 205/1) (from Ch. 13, par. 1)
| ||||||
4 | Sec. 1. No person shall be permitted to practice as an | ||||||
5 | attorney or
counselor at law within this State without having | ||||||
6 | previously obtained a
license for that purpose from the Supreme | ||||||
7 | Court of this State.
| ||||||
8 | No person shall receive any compensation directly or | ||||||
9 | indirectly for any
legal services other than a regularly | ||||||
10 | licensed attorney, nor may an unlicensed person advertise or | ||||||
11 | hold himself or herself out to provide legal services.
| ||||||
12 | A license, as provided for herein, constitutes the person | ||||||
13 | receiving the
same an attorney and counselor at law, according | ||||||
14 | to the law and customs
thereof, for and during his good | ||||||
15 | behavior in the practice and authorizes
him to demand and | ||||||
16 | receive fees for any services which he may render as an
| ||||||
17 | attorney and counselor at law in this State. No person shall be | ||||||
18 | granted
a license or renewal authorized by this Act who has | ||||||
19 | defaulted on an
educational loan guaranteed by the Illinois | ||||||
20 | Student Assistance Commission;
however, a license or renewal | ||||||
21 | may be issued to the aforementioned persons
who have | ||||||
22 | established a satisfactory repayment record as determined by | ||||||
23 | the
Illinois Student Assistance Commission.
No person shall be | ||||||
24 | granted a license or renewal authorized by this Act who is
more | ||||||
25 | than 30 days delinquent in complying with a child support |
| |||||||
| |||||||
1 | order; a license
or renewal may be issued, however, if the | ||||||
2 | person has
established a satisfactory repayment record as | ||||||
3 | determined (i) by the Department of Healthcare and Family | ||||||
4 | Services (formerly Illinois
Department of Public Aid ) for cases | ||||||
5 | being enforced under Article X of the
Illinois Public Aid Code | ||||||
6 | or (ii) in all other cases by order of court or by
written | ||||||
7 | agreement between the custodial parent and non-custodial | ||||||
8 | parent.
No person shall be refused a license under this Act on | ||||||
9 | account of sex.
| ||||||
10 | Any person practicing, charging or receiving fees for legal | ||||||
11 | services
or advertising or holding himself or herself out to | ||||||
12 | provide legal services within this State, either directly or | ||||||
13 | indirectly, without being licensed to
practice as herein | ||||||
14 | required, is guilty of contempt of court and shall be
punished | ||||||
15 | accordingly, upon complaint being filed in any Circuit Court of
| ||||||
16 | this State. Such proceedings shall be conducted in the Courts | ||||||
17 | of the
respective counties where the alleged contempt has been | ||||||
18 | committed in the
same manner as in cases of indirect contempt | ||||||
19 | and with the right of review
by the parties thereto.
| ||||||
20 | The provisions of this Act shall be in addition to other | ||||||
21 | remedies
permitted by law and shall not be construed to deprive | ||||||
22 | courts of this State
of their inherent right to punish for | ||||||
23 | contempt or to restrain the
unauthorized practice of law.
| ||||||
24 | Nothing in this Act shall be construed to conflict with, | ||||||
25 | amend, or modify Section 5 of the Corporation Practice of Law | ||||||
26 | Prohibition Act or prohibit representation of a
party by a |
| |||||||
| |||||||
1 | person who is not an attorney in a proceeding before either | ||||||
2 | panel
of the Illinois Labor Relations Board under the Illinois | ||||||
3 | Public Labor Relations Act, as now or
hereafter amended, the | ||||||
4 | Illinois Educational Labor Relations Board under the
Illinois | ||||||
5 | Educational Labor Relations Act, as now or hereafter amended, | ||||||
6 | the
State Civil Service Commission, the local Civil Service | ||||||
7 | Commissions, or the
University Civil Service Merit Board, to | ||||||
8 | the extent allowed pursuant to
rules and regulations | ||||||
9 | promulgated by those Boards and Commissions or the giving of | ||||||
10 | information, training, or advocacy or assistance in any | ||||||
11 | meetings or administrative proceedings held pursuant to the | ||||||
12 | federal Individuals with Disabilities Education Act, the | ||||||
13 | federal Rehabilitation Act of 1973, the federal Americans with | ||||||
14 | Disabilities Act of 1990, or the federal Social Security Act, | ||||||
15 | to the extent allowed by those laws or the federal regulations | ||||||
16 | or State statutes implementing those laws.
| ||||||
17 | (Source: P.A. 94-659, eff. 1-1-06; revised 12-15-05.)
| ||||||
18 | Section 1020. The Juvenile Court Act of 1987 is amended by | ||||||
19 | changing Sections 1-3, 2-23, 3-24, 4-21, 5-805, 5-810, and 6-9 | ||||||
20 | as follows:
| ||||||
21 | (705 ILCS 405/1-3) (from Ch. 37, par. 801-3)
| ||||||
22 | Sec. 1-3. Definitions. Terms used in this Act, unless the | ||||||
23 | context
otherwise requires, have the following meanings | ||||||
24 | ascribed to them:
|
| |||||||
| |||||||
1 | (1) "Adjudicatory hearing" means a hearing to
determine | ||||||
2 | whether the allegations of a petition under Section 2-13, 3-15 | ||||||
3 | or
4-12 that a minor under 18 years of age is abused, neglected | ||||||
4 | or dependent, or
requires authoritative intervention, or | ||||||
5 | addicted, respectively, are supported
by a preponderance of the | ||||||
6 | evidence or whether the allegations of a petition
under Section | ||||||
7 | 5-520 that a minor is delinquent are proved beyond a reasonable
| ||||||
8 | doubt.
| ||||||
9 | (2) "Adult" means a person 21 years of age or older.
| ||||||
10 | (3) "Agency" means a public or private child care facility
| ||||||
11 | legally authorized or licensed by this State for placement or | ||||||
12 | institutional
care or for both placement and institutional | ||||||
13 | care.
| ||||||
14 | (4) "Association" means any organization, public or
| ||||||
15 | private, engaged in welfare functions which include services to | ||||||
16 | or on behalf of
children but does not include "agency" as | ||||||
17 | herein defined.
| ||||||
18 | (4.05) Whenever a "best interest" determination is
| ||||||
19 | required, the following factors shall be considered in the | ||||||
20 | context of the
child's age and developmental needs:
| ||||||
21 | (a) the physical safety and welfare of the child, including | ||||||
22 | food, shelter,
health, and clothing;
| ||||||
23 | (b) the development of the child's identity;
| ||||||
24 | (c) the child's background and ties, including familial,
| ||||||
25 | cultural, and religious;
| ||||||
26 | (d) the child's sense of attachments, including:
|
| |||||||
| |||||||
1 | (i) where the child actually feels love, attachment, | ||||||
2 | and a sense of
being valued (as opposed to where adults | ||||||
3 | believe the child should
feel such love, attachment, and a | ||||||
4 | sense of being valued);
| ||||||
5 | (ii) the child's sense of security;
| ||||||
6 | (iii) the child's sense of familiarity;
| ||||||
7 | (iv) continuity of affection for the child;
| ||||||
8 | (v) the least disruptive placement alternative for the | ||||||
9 | child;
| ||||||
10 | (e) the child's wishes and long-term goals;
| ||||||
11 | (f) the child's community ties, including church, school, | ||||||
12 | and friends;
| ||||||
13 | (g) the child's need for permanence which includes the | ||||||
14 | child's need for
stability and continuity of relationships with | ||||||
15 | parent figures and with siblings
and other relatives;
| ||||||
16 | (h) the uniqueness of every family and child;
| ||||||
17 | (i) the risks attendant to entering and being in substitute | ||||||
18 | care; and
| ||||||
19 | (j) the preferences of the persons available to care for | ||||||
20 | the child.
| ||||||
21 | (4.1) "Chronic truant" shall have the definition
ascribed | ||||||
22 | to it in Section 26-2a of the School Code.
| ||||||
23 | (5) "Court" means the circuit court in a session or | ||||||
24 | division
assigned to hear proceedings under this Act.
| ||||||
25 | (6) "Dispositional hearing" means a hearing to
determine | ||||||
26 | whether a minor should be adjudged to be a ward of the court, |
| |||||||
| |||||||
1 | and to
determine what order of disposition should be made in | ||||||
2 | respect to a minor
adjudged to be a ward of the court.
| ||||||
3 | (7) "Emancipated minor" means any minor 16 years of age or | ||||||
4 | over who has
been completely or partially emancipated under the | ||||||
5 | " Emancipation of
Mature Minors Act ", enacted by the | ||||||
6 | Eighty-First General Assembly, or
under this Act.
| ||||||
7 | (8) "Guardianship of the person" of a minor
means the duty | ||||||
8 | and authority to act in the best interests of the minor, | ||||||
9 | subject
to residual parental rights and responsibilities, to | ||||||
10 | make important decisions
in matters having a permanent effect | ||||||
11 | on the life and development of the minor
and to be concerned | ||||||
12 | with his or her general welfare. It includes but is not
| ||||||
13 | necessarily limited to:
| ||||||
14 | (a) the authority to consent to marriage, to enlistment | ||||||
15 | in the armed
forces of the United States, or to a major | ||||||
16 | medical, psychiatric, and
surgical treatment; to represent | ||||||
17 | the minor in legal actions; and to make
other decisions of | ||||||
18 | substantial legal significance concerning the minor;
| ||||||
19 | (b) the authority and duty of reasonable visitation, | ||||||
20 | except to the
extent that these have been limited in the | ||||||
21 | best interests of the minor by
court order;
| ||||||
22 | (c) the rights and responsibilities of legal custody | ||||||
23 | except where legal
custody has been vested in another | ||||||
24 | person or agency; and
| ||||||
25 | (d) the power to consent to the adoption of the minor, | ||||||
26 | but only if
expressly conferred on the guardian in |
| |||||||
| |||||||
1 | accordance with Section 2-29, 3-30, or
4-27.
| ||||||
2 | (9) "Legal custody" means the relationship created by an
| ||||||
3 | order of court in the best interests of the minor which imposes | ||||||
4 | on the
custodian the responsibility of physical possession of a | ||||||
5 | minor and the duty to
protect, train and discipline him and to | ||||||
6 | provide him with food, shelter,
education and ordinary medical | ||||||
7 | care, except as these are limited by residual
parental rights | ||||||
8 | and responsibilities and the rights and responsibilities of the
| ||||||
9 | guardian of the person, if any.
| ||||||
10 | (10) "Minor" means a person under the age of 21 years | ||||||
11 | subject to
this Act.
| ||||||
12 | (11) "Parent" means the father or mother of a child and
| ||||||
13 | includes any adoptive parent. It also includes a man (i)
whose | ||||||
14 | paternity
is presumed or has been established under the law of | ||||||
15 | this or another
jurisdiction or (ii) who has registered with | ||||||
16 | the Putative Father Registry in
accordance with Section 12.1 of | ||||||
17 | the Adoption Act and whose paternity has not
been ruled out | ||||||
18 | under the law of this or another jurisdiction. It does not
| ||||||
19 | include a
parent whose rights in respect to the
minor have been | ||||||
20 | terminated in any manner provided by law.
| ||||||
21 | (11.1) "Permanency goal" means a goal set by the court as | ||||||
22 | defined in
subdivision (2) of Section 2-28.
| ||||||
23 | (11.2) "Permanency hearing" means a hearing to set the | ||||||
24 | permanency goal and
to review and determine (i) the | ||||||
25 | appropriateness of the services contained in
the plan and | ||||||
26 | whether those services have been provided, (ii) whether |
| |||||||
| |||||||
1 | reasonable
efforts have been made by all the parties to the | ||||||
2 | service plan to achieve the
goal, and (iii) whether the plan | ||||||
3 | and goal have been achieved.
| ||||||
4 | (12) "Petition" means the petition provided for in Section
| ||||||
5 | 2-13, 3-15, 4-12 or 5-520, including any supplemental petitions | ||||||
6 | thereunder
in Section 3-15, 4-12 or 5-520.
| ||||||
7 | (13) "Residual parental
rights and responsibilities" means | ||||||
8 | those rights and responsibilities remaining
with the parent | ||||||
9 | after the transfer of legal custody or guardianship of the
| ||||||
10 | person, including, but not necessarily limited to, the right to | ||||||
11 | reasonable
visitation (which may be limited by the court in the | ||||||
12 | best interests of the
minor as provided in subsection (8)(b) of | ||||||
13 | this Section), the right to consent
to adoption, the right to | ||||||
14 | determine the minor's religious affiliation, and the
| ||||||
15 | responsibility for his support.
| ||||||
16 | (14) "Shelter" means the temporary care of a minor in
| ||||||
17 | physically unrestricting facilities pending court disposition | ||||||
18 | or execution of
court order for placement.
| ||||||
19 | (15) "Station adjustment" means the informal
handling of an | ||||||
20 | alleged offender by a juvenile police officer.
| ||||||
21 | (16) "Ward of the court" means a minor who is so
adjudged | ||||||
22 | under Section 2-22, 3-23, 4-20 or 5-705, after a finding of the
| ||||||
23 | requisite jurisdictional facts, and thus is subject to the | ||||||
24 | dispositional powers
of the court under this Act.
| ||||||
25 | (17) "Juvenile police officer" means a sworn
police officer | ||||||
26 | who has completed a Basic Recruit Training Course, has been
|
| |||||||
| |||||||
1 | assigned to the position of juvenile police officer by his or | ||||||
2 | her chief law
enforcement officer and has completed the | ||||||
3 | necessary juvenile officers training
as prescribed by the | ||||||
4 | Illinois Law Enforcement Training Standards Board, or in
the | ||||||
5 | case of a State police officer, juvenile officer
training | ||||||
6 | approved by the Director of the Department of State Police.
| ||||||
7 | (18) "Secure child care facility" means any child care | ||||||
8 | facility licensed
by the Department of Children and Family | ||||||
9 | Services to provide secure living
arrangements for children | ||||||
10 | under 18 years of age who are subject to placement in
| ||||||
11 | facilities under the Children and Family Services Act and who | ||||||
12 | are not subject
to placement in facilities for whom standards | ||||||
13 | are established by the Department
of Corrections under Section | ||||||
14 | 3-15-2 of the Unified Code of Corrections.
"Secure child care | ||||||
15 | facility" also means a
facility that is designed and operated | ||||||
16 | to ensure that all entrances and
exits
from the facility, a | ||||||
17 | building, or a distinct part of the building are under the
| ||||||
18 | exclusive control of the staff of the facility, whether or not | ||||||
19 | the child has
the freedom of movement within the perimeter of | ||||||
20 | the facility, building, or
distinct part of the building.
| ||||||
21 | (Source: P.A. 90-28, eff. 1-1-98; 90-87, eff. 9-1-97; 90-590, | ||||||
22 | eff. 1-1-99;
90-608, eff. 6-30-98; 90-655, eff. 7-30-98; | ||||||
23 | 91-357, eff. 7-29-99; revised
10-9-03.)
| ||||||
24 | (705 ILCS 405/2-23) (from Ch. 37, par. 802-23)
| ||||||
25 | Sec. 2-23. Kinds of dispositional orders.
|
| |||||||
| |||||||
1 | (1) The following kinds of orders of disposition may be | ||||||
2 | made in respect of
wards of the court:
| ||||||
3 | (a) A minor under 18 years of age found to be neglected | ||||||
4 | or abused under
Section 2-3 or dependent under Section 2-4 | ||||||
5 | may be (1) continued in the
custody of his or her parents,
| ||||||
6 | guardian or legal custodian; (2) placed in accordance with | ||||||
7 | Section 2-27;
(3) restored to the custody of the parent, | ||||||
8 | parents, guardian, or legal
custodian, provided the court | ||||||
9 | shall order the parent, parents, guardian, or
legal | ||||||
10 | custodian to cooperate with the Department of Children and | ||||||
11 | Family
Services and comply with the terms of an after-care | ||||||
12 | plan or risk the loss of
custody of the child and the | ||||||
13 | possible termination of their parental rights;
or
(4) | ||||||
14 | ordered partially or completely emancipated in accordance | ||||||
15 | with
the provisions of the Emancipation of Mature Minors | ||||||
16 | Act.
| ||||||
17 | However, in any case in which a minor is found by the | ||||||
18 | court to be
neglected or abused under Section 2-3 of this | ||||||
19 | Act, custody of the minor
shall not be restored to any | ||||||
20 | parent, guardian or legal custodian whose acts
or omissions | ||||||
21 | or both have been identified, pursuant to subsection (1) of
| ||||||
22 | Section 2-21, as forming the basis for the court's finding | ||||||
23 | of abuse or
neglect, until such time
as a
hearing is held | ||||||
24 | on the issue of the best interests of the minor and the | ||||||
25 | fitness
of such parent, guardian or legal custodian to care | ||||||
26 | for the minor without
endangering the minor's health or |
| |||||||
| |||||||
1 | safety, and the court
enters an order that such parent, | ||||||
2 | guardian or legal custodian is fit to care
for the minor.
| ||||||
3 | (b) A minor under 18 years of age found to be dependent | ||||||
4 | under
Section 2-4 may be (1) placed in accordance with | ||||||
5 | Section 2-27 or (2)
ordered partially or completely | ||||||
6 | emancipated in accordance with the
provisions of the | ||||||
7 | Emancipation of Mature Minors Act.
| ||||||
8 | However, in any case in which a minor is found by the | ||||||
9 | court to be
dependent under Section 2-4 of this Act, | ||||||
10 | custody of the minor shall not be
restored to
any parent, | ||||||
11 | guardian or legal custodian whose acts or omissions or both | ||||||
12 | have
been identified, pursuant to subsection (1) of Section | ||||||
13 | 2-21, as forming the
basis for the court's finding of | ||||||
14 | dependency, until such
time as a hearing is
held on the | ||||||
15 | issue of the fitness of such parent, guardian or legal
| ||||||
16 | custodian to care for the minor without endangering the | ||||||
17 | minor's health or
safety, and the court enters an order | ||||||
18 | that such
parent, guardian or legal custodian is fit to | ||||||
19 | care for the minor.
| ||||||
20 | (c) When the court awards guardianship to the | ||||||
21 | Department of Children and
Family Services, the court shall | ||||||
22 | order the parents to cooperate with the
Department of | ||||||
23 | Children and Family Services, comply with the terms of the
| ||||||
24 | service plans, and correct the conditions that require the | ||||||
25 | child to be in care,
or risk termination of their parental | ||||||
26 | rights.
|
| |||||||
| |||||||
1 | (2) Any order of disposition may provide for protective | ||||||
2 | supervision
under Section 2-24 and may include an order of | ||||||
3 | protection under Section 2-25.
| ||||||
4 | Unless the order of disposition expressly so provides, it | ||||||
5 | does
not operate to close proceedings on the pending petition, | ||||||
6 | but is subject
to modification, not inconsistent with Section | ||||||
7 | 2-28, until final closing and discharge of the proceedings | ||||||
8 | under
Section 2-31.
| ||||||
9 | (3) The court also shall enter any other orders necessary | ||||||
10 | to fulfill the
service plan, including, but not limited to, (i) | ||||||
11 | orders requiring parties to
cooperate with services, (ii) | ||||||
12 | restraining orders controlling the conduct of any
party likely | ||||||
13 | to frustrate the achievement of the goal, and (iii) visiting
| ||||||
14 | orders. Unless otherwise specifically authorized by law, the | ||||||
15 | court is not
empowered under this subsection (3) to order | ||||||
16 | specific placements, specific
services, or specific service
| ||||||
17 | providers to be included in the plan. If the court concludes | ||||||
18 | that the
Department of Children
and Family Services has abused | ||||||
19 | its discretion in setting the current service
plan or | ||||||
20 | permanency goal for the minor, the court shall enter specific
| ||||||
21 | findings in writing based on the evidence and shall enter an | ||||||
22 | order for the
Department to develop and implement a new | ||||||
23 | permanency goal and service plan
consistent with the court's | ||||||
24 | findings. The new service plan shall be filed with
the court | ||||||
25 | and served on all parties. The court shall continue
the matter | ||||||
26 | until the new service plan is filed.
|
| |||||||
| |||||||
1 | (4) In addition to any other order of disposition, the | ||||||
2 | court may order
any minor adjudicated neglected with respect to | ||||||
3 | his or her own injurious
behavior to make restitution, in | ||||||
4 | monetary or non-monetary form, under the
terms and conditions | ||||||
5 | of Section 5-5-6 of the Unified Code of Corrections,
except | ||||||
6 | that the "presentence hearing" referred to therein shall be the
| ||||||
7 | dispositional hearing for purposes of this Section. The parent, | ||||||
8 | guardian
or legal custodian of the minor may pay some or all of | ||||||
9 | such restitution on
the minor's behalf.
| ||||||
10 | (5) Any order for disposition where the minor is committed | ||||||
11 | or placed in
accordance with Section 2-27 shall provide for the | ||||||
12 | parents or guardian of
the estate of such minor to pay to the | ||||||
13 | legal custodian or guardian of the
person of the minor such | ||||||
14 | sums as are determined by the custodian or guardian
of the | ||||||
15 | person of the minor as necessary for the minor's needs. Such | ||||||
16 | payments
may not exceed the maximum amounts provided for by | ||||||
17 | Section 9.1 of the
Children and Family Services Act.
| ||||||
18 | (6) Whenever the order of disposition requires the minor to | ||||||
19 | attend
school or participate in a program of training, the | ||||||
20 | truant officer or
designated school official shall regularly | ||||||
21 | report to the court if the minor
is a chronic or habitual | ||||||
22 | truant under Section 26-2a of the School Code.
| ||||||
23 | (7) The court may terminate the parental rights of a parent | ||||||
24 | at the initial
dispositional hearing if all of the conditions | ||||||
25 | in subsection (5) of Section
2-21 are met.
| ||||||
26 | (Source: P.A. 89-17, eff. 5-31-95; 89-235, eff. 8-4-95; 90-27, |
| |||||||
| |||||||
1 | eff. 1-1-98;
90-28, eff. 1-1-98; 90-608, eff. 6-30-98; 90-655, | ||||||
2 | eff. 7-30-98; revised
10-9-03 .)
| ||||||
3 | (705 ILCS 405/3-24) (from Ch. 37, par. 803-24)
| ||||||
4 | Sec. 3-24. Kinds of dispositional orders.
| ||||||
5 | (1) The following kinds of orders of disposition may be | ||||||
6 | made in respect to
wards of the court: A minor found to be | ||||||
7 | requiring authoritative intervention
under Section 3-3 may be | ||||||
8 | (a) committed to the Department of Children and Family
| ||||||
9 | Services, subject to Section 5 of the Children and Family | ||||||
10 | Services Act; (b)
placed under supervision and released to his | ||||||
11 | or her parents, guardian or legal
custodian; (c) placed in | ||||||
12 | accordance with Section 3-28 with or without also
being placed | ||||||
13 | under supervision. Conditions of supervision may be modified or
| ||||||
14 | terminated by the court if it deems that the best interests of | ||||||
15 | the minor and
the public will be served thereby; (d) ordered | ||||||
16 | partially or completely
emancipated in accordance with the | ||||||
17 | provisions of the Emancipation of Mature
Minors Act; or (e) | ||||||
18 | subject to having his or her driver's license or driving
| ||||||
19 | privilege suspended for such time as determined by the Court | ||||||
20 | but only until he
or she attains 18 years of age.
| ||||||
21 | (2) Any order of disposition may provide for protective | ||||||
22 | supervision
under Section 3-25 and may include an order of | ||||||
23 | protection under Section 3-26.
| ||||||
24 | (3) Unless the order of disposition expressly so provides, | ||||||
25 | it does
not operate to close proceedings on the pending |
| |||||||
| |||||||
1 | petition, but is subject
to modification until final closing | ||||||
2 | and discharge of the proceedings
under Section 3-32.
| ||||||
3 | (4) In addition to any other order of disposition, the | ||||||
4 | court may order
any person found to be a minor requiring | ||||||
5 | authoritative intervention under
Section 3-3 to make | ||||||
6 | restitution, in monetary or non-monetary form, under
the terms | ||||||
7 | and conditions of Section 5-5-6 of the Unified Code of
| ||||||
8 | Corrections, except that the "presentence hearing" referred to | ||||||
9 | therein
shall be the dispositional hearing for purposes of this | ||||||
10 | Section. The
parent, guardian or legal custodian of the minor | ||||||
11 | may pay some or all of
such restitution on the minor's behalf.
| ||||||
12 | (5) Any order for disposition where the minor is committed | ||||||
13 | or placed in
accordance with Section 3-28 shall provide for the | ||||||
14 | parents or guardian of
the estate of such minor to pay to the | ||||||
15 | legal custodian or guardian of the
person of the minor such | ||||||
16 | sums as are determined by the custodian or guardian
of the | ||||||
17 | person of the minor as necessary for the minor's needs. Such | ||||||
18 | payments
may not exceed the maximum amounts provided for by | ||||||
19 | Section 9.1 of the
Children and Family Services Act.
| ||||||
20 | (6) Whenever the order of disposition requires the minor to | ||||||
21 | attend
school or participate in a program of training, the | ||||||
22 | truant officer or
designated school official shall regularly | ||||||
23 | report to the court if the minor
is a chronic or habitual | ||||||
24 | truant under Section 26-2a of the School Code.
| ||||||
25 | (7) The court must impose upon a minor under an order of | ||||||
26 | continuance
under supervision or an order of disposition under |
| |||||||
| |||||||
1 | this Article III, as a
condition of the order, a fee of $25 for | ||||||
2 | each month or partial month of
supervision with a probation | ||||||
3 | officer. If the court determines the inability of
the minor, or | ||||||
4 | the parent, guardian, or legal custodian of the minor to pay | ||||||
5 | the
fee, the court may impose a lesser fee. The court may not | ||||||
6 | impose the fee on a
minor who is made a ward of the State under | ||||||
7 | this Act. The fee may be imposed
only upon a minor who is | ||||||
8 | actively supervised by the probation and court
services | ||||||
9 | department. The fee must be collected by the clerk of the | ||||||
10 | circuit
court. The clerk of the circuit court must pay all | ||||||
11 | monies collected from this
fee to the county treasurer for | ||||||
12 | deposit into the probation and court services
fund under | ||||||
13 | Section 15.1 of the Probation and Probation Officers Act.
| ||||||
14 | (Source: P.A. 92-329, eff. 8-9-01; revised 10-9-03.)
| ||||||
15 | (705 ILCS 405/4-21) (from Ch. 37, par. 804-21)
| ||||||
16 | Sec. 4-21. Kinds of dispositional orders.
| ||||||
17 | (1) A minor found to be
addicted under Section 4-3 may be | ||||||
18 | (a) committed to the Department of
Children and Family | ||||||
19 | Services, subject to Section 5 of the Children and Family
| ||||||
20 | Services Act; (b) placed
under supervision and released to his | ||||||
21 | or her parents, guardian or legal
custodian; (c) placed in | ||||||
22 | accordance with Section 4-25 with or without also
being placed | ||||||
23 | under supervision. Conditions of supervision may be modified
or | ||||||
24 | terminated by the court if it deems that the best interests of | ||||||
25 | the minor and
the public will be served thereby; (d)
required |
| |||||||
| |||||||
1 | to attend an approved alcohol or drug abuse treatment or | ||||||
2 | counseling
program
on an inpatient or outpatient basis instead
| ||||||
3 | of or in addition to the disposition otherwise provided for in | ||||||
4 | this
paragraph; (e) ordered partially or completely | ||||||
5 | emancipated in accordance
with the provisions of the | ||||||
6 | Emancipation of Mature Minors Act; or (f)
subject to having his | ||||||
7 | or her driver's license or driving privilege
suspended for such | ||||||
8 | time as determined by the Court but only until he or she
| ||||||
9 | attains 18 years of age. No disposition
under this subsection | ||||||
10 | shall provide for the minor's placement in a secure
facility.
| ||||||
11 | (2) Any order of disposition may provide for protective | ||||||
12 | supervision
under Section 4-22 and may include an order of | ||||||
13 | protection under Section 4-23.
| ||||||
14 | (3) Unless the order of disposition expressly so provides, | ||||||
15 | it does
not operate to close proceedings on the pending | ||||||
16 | petition, but is subject
to modification until final closing | ||||||
17 | and discharge of the proceedings
under Section 4-29.
| ||||||
18 | (4) In addition to any other order of disposition, the | ||||||
19 | court may
order any minor found to be addicted under this | ||||||
20 | Article as neglected with
respect to his or her own injurious | ||||||
21 | behavior, to
make restitution, in monetary or non-monetary | ||||||
22 | form, under the terms and
conditions of Section 5-5-6 of the | ||||||
23 | Unified Code of
Corrections, except that the "presentence | ||||||
24 | hearing" referred to therein
shall be the dispositional hearing | ||||||
25 | for purposes of this Section. The parent,
guardian or legal | ||||||
26 | custodian of the minor may pay some or all of such
restitution |
| |||||||
| |||||||
1 | on the minor's behalf.
| ||||||
2 | (5) Any order for disposition where the minor is placed in
| ||||||
3 | accordance with Section 4-25 shall provide for the parents or | ||||||
4 | guardian of
the estate of such minor to pay to the legal | ||||||
5 | custodian or guardian of the
person of the minor such sums as | ||||||
6 | are determined by the custodian or guardian
of the person of | ||||||
7 | the minor as necessary for the minor's needs. Such payments
may | ||||||
8 | not exceed the maximum amounts provided for by Section 9.1 of | ||||||
9 | the
Children and Family Services Act.
| ||||||
10 | (6) Whenever the order of disposition requires the minor to | ||||||
11 | attend
school or participate in a program of training, the | ||||||
12 | truant officer or
designated school official shall regularly | ||||||
13 | report to the court if the minor
is a chronic or habitual | ||||||
14 | truant under Section 26-2a of the School Code.
| ||||||
15 | (7) The court must impose upon a minor under an order of | ||||||
16 | continuance
under supervision or an order of disposition under | ||||||
17 | this Article IV, as a
condition of the order, a fee of $25 for | ||||||
18 | each month or partial month of
supervision with a
probation | ||||||
19 | officer. If the court determines the inability of the minor, or | ||||||
20 | the
parent, guardian, or legal custodian of the minor to pay | ||||||
21 | the fee, the court
may impose a lesser fee. The court may not | ||||||
22 | impose the fee on a minor who is
made a ward of the State under | ||||||
23 | this Act. The fee may be imposed only upon a
minor who is | ||||||
24 | actively supervised by the probation and court services
| ||||||
25 | department. The fee must be collected by the clerk of the | ||||||
26 | circuit court.
The clerk of the circuit court must pay all |
| |||||||
| |||||||
1 | monies collected from this fee to
the county treasurer for | ||||||
2 | deposit into the probation and court services fund
under
| ||||||
3 | Section 15.1 of the Probation and Probation Officers Act.
| ||||||
4 | (Source: P.A. 92-329, eff. 8-9-01; revised 10-9-03.)
| ||||||
5 | (705 ILCS 405/5-805)
| ||||||
6 | Sec. 5-805. Transfer of jurisdiction.
| ||||||
7 | (1) Mandatory transfers.
| ||||||
8 | (a) If a petition alleges commission by a minor 15 | ||||||
9 | years of age or older
of an act that constitutes a forcible | ||||||
10 | felony under the laws of this State, and
if a motion by the | ||||||
11 | State's Attorney to prosecute the minor under the criminal
| ||||||
12 | laws of Illinois for the alleged forcible felony alleges | ||||||
13 | that (i) the minor has
previously been adjudicated | ||||||
14 | delinquent or found guilty for commission of an act
that | ||||||
15 | constitutes a felony under the laws of this State or any | ||||||
16 | other state and
(ii) the act that constitutes the offense | ||||||
17 | was committed in furtherance of
criminal activity by an | ||||||
18 | organized gang, the Juvenile Judge assigned to hear and
| ||||||
19 | determine those motions shall, upon determining that there | ||||||
20 | is probable cause
that both allegations are true, enter an | ||||||
21 | order permitting prosecution under the
criminal laws of | ||||||
22 | Illinois.
| ||||||
23 | (b) If a petition alleges commission by a minor 15 | ||||||
24 | years of age or older
of an act that constitutes a felony | ||||||
25 | under the laws of this State, and if a
motion by a State's |
| |||||||
| |||||||
1 | Attorney to prosecute the minor under the criminal laws of
| ||||||
2 | Illinois for the alleged felony alleges that (i) the minor | ||||||
3 | has previously been
adjudicated delinquent or found guilty | ||||||
4 | for commission of an act that
constitutes a forcible
felony | ||||||
5 | under the laws of this State or any other state and (ii) | ||||||
6 | the act that
constitutes the offense was committed in | ||||||
7 | furtherance of criminal activities by
an organized gang, | ||||||
8 | the Juvenile Judge assigned to hear and determine those
| ||||||
9 | motions shall, upon determining that there is probable | ||||||
10 | cause that both
allegations are true, enter an order | ||||||
11 | permitting prosecution under the criminal
laws of | ||||||
12 | Illinois.
| ||||||
13 | (c) If a petition alleges commission by a minor 15 | ||||||
14 | years of age or older
of: (i) an act that constitutes an | ||||||
15 | offense enumerated in the presumptive
transfer provisions | ||||||
16 | of subsection (2); and (ii) the minor has previously been
| ||||||
17 | adjudicated delinquent or found guilty of a forcible | ||||||
18 | felony, the Juvenile Judge
designated to hear and determine | ||||||
19 | those motions shall, upon determining that
there is | ||||||
20 | probable cause that both allegations are true, enter an | ||||||
21 | order
permitting prosecution under the criminal laws of | ||||||
22 | Illinois.
| ||||||
23 | (d) If a petition alleges commission by a minor 15 | ||||||
24 | years of age or older
of an act that constitutes the | ||||||
25 | offense of aggravated discharge of a firearm
committed in a | ||||||
26 | school, on the real property comprising a school, within |
| |||||||
| |||||||
1 | 1,000
feet of the real property comprising a school, at a | ||||||
2 | school related activity, or
on, boarding, or departing from | ||||||
3 | any conveyance owned, leased, or contracted by
a school or | ||||||
4 | school district to transport students to or from school or | ||||||
5 | a school
related activity, regardless of the time of day or | ||||||
6 | the time of year, the
juvenile judge designated to hear and | ||||||
7 | determine those motions shall, upon
determining that there | ||||||
8 | is probable cause that the allegations are true, enter
an | ||||||
9 | order permitting prosecution under the criminal laws of | ||||||
10 | Illinois.
| ||||||
11 | For purposes of this paragraph (d) of subsection (1):
| ||||||
12 | "School" means a public or private
elementary or | ||||||
13 | secondary school, community college, college, or | ||||||
14 | university.
| ||||||
15 | "School related activity" means any sporting, social, | ||||||
16 | academic, or other
activity for which students' attendance | ||||||
17 | or participation is sponsored,
organized, or funded in | ||||||
18 | whole or in part by a school or school district.
| ||||||
19 | (2) Presumptive transfer.
| ||||||
20 | (a) If the State's Attorney files a petition, at any | ||||||
21 | time prior to
commencement of the minor's trial, to permit | ||||||
22 | prosecution under the criminal
laws and the petition | ||||||
23 | alleges the commission by a minor 15 years of age or
older
| ||||||
24 | of: (i) a Class X felony other than armed violence; (ii) | ||||||
25 | aggravated discharge
of a firearm; (iii) armed violence | ||||||
26 | with a firearm when the predicate offense
is a Class 1 or |
| |||||||
| |||||||
1 | Class 2 felony and the State's Attorney's motion to | ||||||
2 | transfer
the case alleges that the offense committed is in | ||||||
3 | furtherance of the criminal
activities of an organized | ||||||
4 | gang; (iv) armed violence with a firearm when the
predicate | ||||||
5 | offense is a violation of the Illinois Controlled | ||||||
6 | Substances Act, a violation of the Cannabis Control Act, or | ||||||
7 | a violation of the Methamphetamine Control and Community | ||||||
8 | Protection Act; (v) armed violence when the
weapon involved | ||||||
9 | was a machine gun or other weapon described in subsection
| ||||||
10 | (a)(7) of Section 24-1 of the Criminal Code of 1961; (vi) | ||||||
11 | an act in violation of Section 401 of the Illinois | ||||||
12 | Controlled Substances Act which is a Class X felony, while | ||||||
13 | in a school, regardless of the time of day or the time of | ||||||
14 | year, or on any conveyance owned, leased, or contracted by | ||||||
15 | a school to transport students to or from school or a | ||||||
16 | school related activity, or on residential property owned, | ||||||
17 | operated, or managed by a public housing agency or leased | ||||||
18 | by a public housing agency as part of a scattered site or | ||||||
19 | mixed-income development; or (vii) an act in violation of | ||||||
20 | Section 401 of the Illinois Controlled Substances Act and | ||||||
21 | the offense is alleged to have occurred while in a school | ||||||
22 | or on a public way within 1,000 feet of the real property | ||||||
23 | comprising any school, regardless of the time of day or the | ||||||
24 | time of year when the delivery or intended delivery of any | ||||||
25 | amount of the controlled substance is to a person under 17 | ||||||
26 | years of age, (to qualify for a presumptive transfer under |
| |||||||
| |||||||
1 | paragraph (vi) or (vii) of this clause (2)(a), the | ||||||
2 | violation cannot be based upon subsection (b) of Section | ||||||
3 | 407 of the Illinois Controlled Substances Act) and, if the | ||||||
4 | juvenile judge
assigned to hear and determine motions to | ||||||
5 | transfer a case for prosecution in
the criminal court | ||||||
6 | determines that there is probable cause to believe that the
| ||||||
7 | allegations in the petition and motion are true, there is a | ||||||
8 | rebuttable
presumption that the minor is not a fit and | ||||||
9 | proper subject to be dealt with
under the Juvenile Justice | ||||||
10 | Reform Provisions of 1998 (Public Act 90-590),
and that, | ||||||
11 | except as provided in paragraph (b), the case should be | ||||||
12 | transferred
to the criminal court.
| ||||||
13 | (b) The judge shall enter an order permitting | ||||||
14 | prosecution under the
criminal laws of Illinois unless the | ||||||
15 | judge makes a finding based on clear and
convincing | ||||||
16 | evidence that the minor would be amenable to the care, | ||||||
17 | treatment,
and training programs available through the | ||||||
18 | facilities of the juvenile court
based on an evaluation of | ||||||
19 | the following:
| ||||||
20 | (i) the age of the minor;
| ||||||
21 | (ii) the history of the minor, including:
| ||||||
22 | (A) any previous delinquent or criminal | ||||||
23 | history of the minor, | ||||||
24 | (B) any previous abuse or neglect history of | ||||||
25 | the minor, and
| ||||||
26 | (C) any mental health, physical or educational |
| |||||||
| |||||||
1 | history of the minor or combination of these | ||||||
2 | factors;
| ||||||
3 | (iii) the circumstances of the offense, including:
| ||||||
4 | (A) the seriousness of the offense,
| ||||||
5 | (B) whether the minor is charged through | ||||||
6 | accountability,
| ||||||
7 | (C) whether there is evidence the offense was | ||||||
8 | committed in an aggressive and premeditated | ||||||
9 | manner,
| ||||||
10 | (D) whether there is evidence the offense | ||||||
11 | caused serious bodily harm,
| ||||||
12 | (E) whether there is evidence the minor | ||||||
13 | possessed a deadly weapon;
| ||||||
14 | (iv) the advantages of treatment within the | ||||||
15 | juvenile justice system including whether there are | ||||||
16 | facilities or programs, or both, particularly | ||||||
17 | available in the juvenile system;
| ||||||
18 | (v) whether the security of the public requires | ||||||
19 | sentencing under Chapter V of the Unified Code of | ||||||
20 | Corrections:
| ||||||
21 | (A) the minor's history of services, including | ||||||
22 | the minor's willingness to participate | ||||||
23 | meaningfully in available services;
| ||||||
24 | (B) whether there is a reasonable likelihood | ||||||
25 | that the minor can be rehabilitated before the | ||||||
26 | expiration of the juvenile court's jurisdiction;
|
| |||||||
| |||||||
1 | (C) the adequacy of the punishment or | ||||||
2 | services.
| ||||||
3 | In considering these factors, the court shall give | ||||||
4 | greater
weight to the seriousness of the alleged offense | ||||||
5 | and the minor's prior record
of delinquency than to the | ||||||
6 | other factors listed in this subsection.
| ||||||
7 | For purposes of clauses (2)(a)(vi) and (vii): | ||||||
8 | "School" means a public or private elementary or secondary | ||||||
9 | school, community college, college, or university. | ||||||
10 | "School related activity" means any sporting, social, | ||||||
11 | academic, or other activity for which students' attendance or | ||||||
12 | participation is sponsored, organized, or funded in whole or in | ||||||
13 | part by a school or school district.
| ||||||
14 | (3) Discretionary transfer.
| ||||||
15 | (a) If a petition alleges commission by a minor 13 | ||||||
16 | years of age or over of
an act that constitutes a crime | ||||||
17 | under the laws of this State and, on motion of
the State's | ||||||
18 | Attorney to permit prosecution of the minor under the | ||||||
19 | criminal
laws, a Juvenile Judge assigned by the Chief Judge | ||||||
20 | of the Circuit to hear and
determine those motions, after | ||||||
21 | hearing but before commencement of the
trial, finds that | ||||||
22 | there is probable cause to believe that the
allegations in | ||||||
23 | the motion are true and that it is not in the best | ||||||
24 | interests
of the public to proceed under this Act, the | ||||||
25 | court may enter an
order permitting prosecution under the | ||||||
26 | criminal laws.
|
| |||||||
| |||||||
1 | (b) In making its determination on the motion to permit | ||||||
2 | prosecution under
the criminal laws, the court shall | ||||||
3 | consider among other matters:
| ||||||
4 | (i) the age of the minor;
| ||||||
5 | (ii) the history of the minor, including:
| ||||||
6 | (A) any previous delinquent or criminal | ||||||
7 | history of the minor,
| ||||||
8 | (B) any previous abuse or neglect history of | ||||||
9 | the minor, and
| ||||||
10 | (C) any mental health, physical, or | ||||||
11 | educational history of the minor or combination of | ||||||
12 | these factors;
| ||||||
13 | (iii) the circumstances of the offense, including:
| ||||||
14 | (A) the seriousness of the offense,
| ||||||
15 | (B) whether the minor is charged through | ||||||
16 | accountability,
| ||||||
17 | (C) whether there is evidence the offense was | ||||||
18 | committed in an aggressive and premeditated | ||||||
19 | manner,
| ||||||
20 | (D) whether there is evidence the offense | ||||||
21 | caused serious bodily harm,
| ||||||
22 | (E) whether there is evidence the minor | ||||||
23 | possessed a deadly weapon;
| ||||||
24 | (iv) the advantages of treatment within the | ||||||
25 | juvenile justice system including whether there are | ||||||
26 | facilities or programs, or both, particularly |
| |||||||
| |||||||
1 | available in the juvenile system;
| ||||||
2 | (v) whether the security of the public requires | ||||||
3 | sentencing under Chapter V of the Unified Code of | ||||||
4 | Corrections:
| ||||||
5 | (A) the minor's history of services, including | ||||||
6 | the minor's willingness to participate | ||||||
7 | meaningfully in available services;
| ||||||
8 | (B) whether there is a reasonable likelihood | ||||||
9 | that the minor can be rehabilitated before the | ||||||
10 | expiration of the juvenile court's jurisdiction;
| ||||||
11 | (C) the adequacy of the punishment or | ||||||
12 | services.
| ||||||
13 | In considering these factors, the court shall give | ||||||
14 | greater
weight to the seriousness of the alleged offense | ||||||
15 | and the minor's prior record
of delinquency than to the | ||||||
16 | other factors listed in this subsection.
| ||||||
17 | (4) The rules of evidence for this hearing shall be the | ||||||
18 | same as under
Section 5-705 of this Act. A minor must be | ||||||
19 | represented in court by counsel
before the hearing may be | ||||||
20 | commenced.
| ||||||
21 | (5) If criminal proceedings are instituted, the petition | ||||||
22 | for adjudication
of wardship shall be dismissed insofar as the | ||||||
23 | act or acts involved in the
criminal proceedings. Taking of | ||||||
24 | evidence in a trial on petition for
adjudication of wardship is | ||||||
25 | a bar to criminal proceedings based upon the
conduct alleged in | ||||||
26 | the petition.
|
| |||||||
| |||||||
1 | (Source: P.A. 94-556, eff. 9-11-05; 94-574, eff. 8-12-05; | ||||||
2 | revised 8-19-05.)
| ||||||
3 | (705 ILCS 405/5-810)
| ||||||
4 | Sec. 5-810. Extended jurisdiction juvenile prosecutions.
| ||||||
5 | (1) (a) If the State's Attorney files a petition, at any | ||||||
6 | time prior to
commencement of the
minor's trial, to designate | ||||||
7 | the proceeding as an extended jurisdiction juvenile
| ||||||
8 | prosecution and the petition alleges the commission by a minor | ||||||
9 | 13 years of age
or
older of any offense which would be a felony | ||||||
10 | if committed by an adult, and, if
the
juvenile judge
assigned | ||||||
11 | to hear and determine petitions to designate the proceeding as | ||||||
12 | an
extended jurisdiction juvenile prosecution determines that | ||||||
13 | there is probable
cause to believe that the allegations in the | ||||||
14 | petition and motion are true,
there is a rebuttable presumption | ||||||
15 | that the proceeding shall be designated as an
extended | ||||||
16 | jurisdiction juvenile proceeding.
| ||||||
17 | (b) The judge shall enter an order designating the | ||||||
18 | proceeding as an
extended jurisdiction juvenile proceeding | ||||||
19 | unless the judge makes a finding
based on clear and convincing | ||||||
20 | evidence that sentencing under the Chapter V of
the Unified | ||||||
21 | Code of Corrections would not be appropriate for the minor | ||||||
22 | based on
an evaluation of the
following factors:
| ||||||
23 | (i) the age of the minor;
| ||||||
24 | (ii) the history of the minor, including:
| ||||||
25 | (A) any previous delinquent or criminal history of |
| |||||||
| |||||||
1 | the minor,
| ||||||
2 | (B) any previous abuse or neglect history of the | ||||||
3 | minor, and
| ||||||
4 | (C) any mental health, physical and/or educational | ||||||
5 | history of the minor;
| ||||||
6 | (iii) the circumstances of the offense, including:
| ||||||
7 | (A) the seriousness of the offense,
| ||||||
8 | (B) whether the minor is charged through | ||||||
9 | accountability,
| ||||||
10 | (C) whether there is evidence the offense was | ||||||
11 | committed in an aggressive and premeditated manner,
| ||||||
12 | (D) whether there is evidence the offense caused | ||||||
13 | serious bodily harm,
| ||||||
14 | (E) whether there is evidence the minor possessed a | ||||||
15 | deadly weapon;
| ||||||
16 | (iv) the advantages of treatment within the juvenile | ||||||
17 | justice system including whether there are facilities or | ||||||
18 | programs, or both, particularly available in the juvenile | ||||||
19 | system;
| ||||||
20 | (v) whether the security of the public requires | ||||||
21 | sentencing under Chapter V of the Unified Code of | ||||||
22 | Corrections:
| ||||||
23 | (A) the minor's history of services, including the | ||||||
24 | minor's willingness to participate meaningfully in | ||||||
25 | available services;
| ||||||
26 | (B) whether there is a reasonable likelihood that |
| |||||||
| |||||||
1 | the minor can be rehabilitated before the expiration of | ||||||
2 | the juvenile court's jurisdiction;
| ||||||
3 | (C) the adequacy of the punishment or services.
| ||||||
4 | In considering these factors, the court shall give greater | ||||||
5 | weight to the
seriousness of the alleged offense and the | ||||||
6 | minor's prior record of delinquency
than to other factors | ||||||
7 | listed in this subsection.
| ||||||
8 | (2) Procedures for extended
jurisdiction juvenile | ||||||
9 | prosecutions.
(a) The State's Attorney may file a written | ||||||
10 | motion for a proceeding to be
designated as an extended | ||||||
11 | juvenile jurisdiction prior to
commencement of trial. Notice of | ||||||
12 | the motion shall be in
compliance with
Section 5-530. When the | ||||||
13 | State's Attorney files a written motion that a
proceeding be | ||||||
14 | designated an extended jurisdiction juvenile prosecution, the
| ||||||
15 | court shall commence a hearing within 30 days of the filing of | ||||||
16 | the motion for
designation, unless good cause is shown by the | ||||||
17 | prosecution or the minor as to
why the hearing could not be | ||||||
18 | held within this time period. If the court finds
good cause has | ||||||
19 | been demonstrated, then the hearing shall be held within 60 | ||||||
20 | days
of the filing of the motion. The hearings shall be open to | ||||||
21 | the public unless
the judge finds that the hearing should be | ||||||
22 | closed for the protection of any
party, victim or witness. If | ||||||
23 | the Juvenile Judge
assigned to hear and determine a motion to | ||||||
24 | designate an extended jurisdiction
juvenile prosecution | ||||||
25 | determines that there is probable cause to believe that
the | ||||||
26 | allegations in the petition and motion are true the court shall |
| |||||||
| |||||||
1 | grant the
motion for designation. Information used by the court | ||||||
2 | in its findings or
stated in or offered in connection with this | ||||||
3 | Section may be by way of proffer
based on reliable information | ||||||
4 | offered by the State or the minor. All evidence
shall be | ||||||
5 | admissible if it is relevant and reliable regardless of whether | ||||||
6 | it
would be admissible under the rules of evidence.
| ||||||
7 | (3) Trial. A minor who is subject of an extended | ||||||
8 | jurisdiction juvenile
prosecution has the right to trial by | ||||||
9 | jury. Any trial under this Section shall
be open to the public.
| ||||||
10 | (4) Sentencing. If an extended jurisdiction juvenile | ||||||
11 | prosecution under
subsection
subsections (1)
results in a | ||||||
12 | guilty plea, a verdict of guilty, or a finding of guilt,
the | ||||||
13 | court shall impose the following:
| ||||||
14 | (i) one or more juvenile sentences under Section 5-710; | ||||||
15 | and
| ||||||
16 | (ii) an adult criminal sentence in accordance with the | ||||||
17 | provisions of
Chapter V of the
Unified Code of
Corrections, | ||||||
18 | the execution of which shall be stayed on the condition | ||||||
19 | that the
offender not violate the provisions of the | ||||||
20 | juvenile sentence.
| ||||||
21 | Any sentencing hearing under
this Section shall be open to the | ||||||
22 | public.
| ||||||
23 | (5) If, after an extended jurisdiction juvenile | ||||||
24 | prosecution trial, a minor
is convicted of a lesser-included | ||||||
25 | offense or of an offense that the State's
Attorney did not | ||||||
26 | designate as an extended jurisdiction juvenile prosecution,
|
| |||||||
| |||||||
1 | the State's Attorney may file a written motion, within 10 days | ||||||
2 | of the finding
of guilt, that
the minor be sentenced as an | ||||||
3 | extended jurisdiction juvenile prosecution
offender. The court | ||||||
4 | shall rule on this motion using the factors found in
paragraph | ||||||
5 | (1)(b) of Section 5-805. If the court denies the State's | ||||||
6 | Attorney's
motion for
sentencing under the extended | ||||||
7 | jurisdiction juvenile prosecution provision, the
court shall | ||||||
8 | proceed to sentence the minor under Section 5-710.
| ||||||
9 | (6) When it appears that a minor convicted in an extended | ||||||
10 | jurisdiction
juvenile prosecution under subsection (1) has | ||||||
11 | violated the
conditions of his or her sentence, or is alleged | ||||||
12 | to have committed a new
offense upon the filing of a petition | ||||||
13 | to revoke the stay, the
court may, without notice, issue a | ||||||
14 | warrant for the arrest of the minor.
After a hearing, if the | ||||||
15 | court finds by a
preponderance of the evidence that the minor | ||||||
16 | committed a new offense, the
court shall order execution of the | ||||||
17 | previously
imposed adult criminal sentence.
After a hearing, if | ||||||
18 | the court finds by a preponderance of the evidence
that the | ||||||
19 | minor committed a violation of his or her sentence other than | ||||||
20 | by a new
offense, the court may order execution of the | ||||||
21 | previously imposed adult criminal
sentence or may continue him | ||||||
22 | or her on the existing juvenile sentence with or
without | ||||||
23 | modifying or enlarging the conditions.
Upon revocation of the | ||||||
24 | stay of the adult criminal sentence
and imposition of
that | ||||||
25 | sentence, the minor's extended jurisdiction juvenile status | ||||||
26 | shall be
terminated.
The on-going jurisdiction over the minor's |
| |||||||
| |||||||
1 | case shall be assumed by the adult
criminal court and juvenile | ||||||
2 | court jurisdiction shall be terminated and a report
of
the | ||||||
3 | imposition of the adult sentence shall be sent to the | ||||||
4 | Department of State
Police.
| ||||||
5 | (7) Upon successful completion of the juvenile sentence the | ||||||
6 | court shall
vacate the adult criminal sentence.
| ||||||
7 | (8) Nothing in this Section precludes the State from filing | ||||||
8 | a motion for
transfer under Section 5-805.
| ||||||
9 | (Source: P.A. 94-574, eff. 8-12-05 ; revised 9-6-05.)
| ||||||
10 | (705 ILCS 405/6-9) (from Ch. 37, par. 806-9)
| ||||||
11 | Sec. 6-9. Enforcement of liability of parents and others.
| ||||||
12 | (1) If parentage is at issue in any proceeding under this | ||||||
13 | Act, the
Illinois Parentage Act of 1984 shall apply and the | ||||||
14 | court shall enter orders
consistent with that Act. If it | ||||||
15 | appears at any hearing that a parent or
any other person named | ||||||
16 | in the petition, liable under the law for the
support of the | ||||||
17 | minor, is able to contribute to his or her support, the court
| ||||||
18 | shall enter an order requiring that parent or other person to | ||||||
19 | pay the clerk of
the court, or to the guardian or custodian | ||||||
20 | appointed under Sections 2-27,
3-28, 4-25 or 5-740, a | ||||||
21 | reasonable sum from time to time for the care,
support and | ||||||
22 | necessary special care or treatment, of the minor.
If the court
| ||||||
23 | determines at any hearing that a parent or any other person | ||||||
24 | named in the
petition, liable under the law for the support of | ||||||
25 | the minor, is able to
contribute to help defray the costs |
| |||||||
| |||||||
1 | associated with the minor's detention in a
county or regional | ||||||
2 | detention center, the court shall enter an order requiring
that | ||||||
3 | parent or other person to pay the clerk of the court a | ||||||
4 | reasonable sum for
the care and support of the minor.
The court
| ||||||
5 | may require reasonable security for the payments. Upon failure | ||||||
6 | to pay, the
court may enforce obedience to the order by a | ||||||
7 | proceeding as for contempt of
court.
| ||||||
8 | If it appears that the person liable for the support of the | ||||||
9 | minor is
able to contribute to legal fees for representation of | ||||||
10 | the minor, the court
shall enter an order requiring that person | ||||||
11 | to pay a reasonable sum for the
representation, to the attorney | ||||||
12 | providing the representation or to the
clerk of the court for | ||||||
13 | deposit in the appropriate account or fund. The sum
may be paid | ||||||
14 | as the court directs, and the payment thereof secured and
| ||||||
15 | enforced as provided in this Section for support.
| ||||||
16 | If it appears at the detention or shelter care hearing of a | ||||||
17 | minor before
the court under Section 5-501 that a parent or any | ||||||
18 | other person
liable for
support of the minor is able to | ||||||
19 | contribute to his or her support, that parent
or other person | ||||||
20 | shall be required to pay a fee for room and board at a rate not
| ||||||
21 | to exceed $10 per day established, with the concurrence of the | ||||||
22 | chief judge of
the judicial circuit, by the county board of the | ||||||
23 | county in which the minor is
detained unless the court | ||||||
24 | determines that it is in the best interest and
welfare of the | ||||||
25 | minor to waive the fee. The concurrence of the chief judge
| ||||||
26 | shall be in the form of an administrative order. Each week, on |
| |||||||
| |||||||
1 | a day
designated by the clerk of the circuit court, that parent | ||||||
2 | or other person shall
pay the clerk for the minor's room and | ||||||
3 | board. All fees for room and board
collected by the circuit | ||||||
4 | court clerk shall be disbursed into the separate
county fund | ||||||
5 | under Section 6-7.
| ||||||
6 | Upon application, the court shall waive liability for | ||||||
7 | support or legal fees
under this Section if the parent or other | ||||||
8 | person establishes that he or she is
indigent and unable to pay | ||||||
9 | the incurred liability, and the court may reduce or
waive | ||||||
10 | liability if the parent or other person establishes | ||||||
11 | circumstances showing
that full payment of support or legal | ||||||
12 | fees would result in financial hardship
to the person or his or | ||||||
13 | her family.
| ||||||
14 | (2) When a person so ordered to pay for the care and | ||||||
15 | support of a minor
is employed for wages, salary or commission, | ||||||
16 | the court may order him to
make the support payments for which | ||||||
17 | he is liable under this Act out of his
wages, salary or | ||||||
18 | commission and to assign so much thereof as will pay the
| ||||||
19 | support. The court may also order him to make discovery to the | ||||||
20 | court as to
his place of employment and the amounts earned by | ||||||
21 | him. Upon his failure to
obey the orders of court he may be | ||||||
22 | punished as for contempt of court.
| ||||||
23 | (3) If the minor is a recipient of public aid under the | ||||||
24 | Illinois Public
Aid Code, the court shall order that payments | ||||||
25 | made by a parent or through
assignment of his wages, salary or | ||||||
26 | commission be made directly to (a) the
Illinois Department of |
| |||||||
| |||||||
1 | Healthcare and Family Services
Public Aid if the minor is a | ||||||
2 | recipient of aid under
Article V of the Code, (b) the | ||||||
3 | Department of Human Services if the
minor is a recipient of aid | ||||||
4 | under Article IV of the Code, or (c)
the local governmental | ||||||
5 | unit
responsible for the support of the minor if he is a | ||||||
6 | recipient under
Articles VI or VII of the Code. The order shall | ||||||
7 | permit the Illinois
Department of Healthcare and Family | ||||||
8 | Services
Public Aid , the Department of Human Services, or the | ||||||
9 | local
governmental unit, as the case may
be, to direct that | ||||||
10 | subsequent payments be made directly to the guardian or
| ||||||
11 | custodian of the minor, or to some other person or agency in | ||||||
12 | the minor's
behalf, upon removal of the minor from the public | ||||||
13 | aid rolls; and upon such
direction and removal of the minor | ||||||
14 | from the public aid rolls, the Illinois
Department of | ||||||
15 | Healthcare and Family Services
Public Aid , Department of Human | ||||||
16 | Services, or local
governmental unit, as the case requires, | ||||||
17 | shall give
written notice of such action to the court. Payments | ||||||
18 | received by the
Illinois Department of Healthcare and Family | ||||||
19 | Services
Public Aid , Department of Human Services, or local
| ||||||
20 | governmental unit are to be
covered, respectively, into the | ||||||
21 | General Revenue Fund of the State Treasury
or General | ||||||
22 | Assistance Fund of the governmental unit, as provided in | ||||||
23 | Section
10-19 of the Illinois Public Aid Code.
| ||||||
24 | (Source: P.A. 90-157, eff. 1-1-98; 90-483, eff.
1-1-98; 90-590, | ||||||
25 | eff. 1-1-99; 90-655, eff. 7-30-98; 91-357, eff. 7-29-99; | ||||||
26 | revised 12-15-05.)
|
| |||||||
| |||||||
1 | Section 1025. The Court of Claims Act is amended by | ||||||
2 | changing Sections 21 and 26-1 as follows:
| ||||||
3 | (705 ILCS 505/21)
(from Ch. 37, par. 439.21)
| ||||||
4 | Sec. 21. The court is authorized to impose, by uniform | ||||||
5 | rules, a fee of $15
for the filing of a petition in any case in | ||||||
6 | which the award sought is more
than $50 and less than $1,000 | ||||||
7 | and $35 in any case in which the award sought
is $1,000 or | ||||||
8 | more; and to charge and collect for copies of opinions or
other | ||||||
9 | documents filed in the Court of Claims such fees as may be | ||||||
10 | prescribed
by the rules of the Court. All fees and charges so | ||||||
11 | collected shall be
forthwith paid into the State Treasury.
| ||||||
12 | A petitioner who is a prisoner in an Illinois Department of | ||||||
13 | Corrections
facility who files a pleading, motion, or other | ||||||
14 | filing that purports to be a
legal document against the State, | ||||||
15 | the
Illinois Department of Corrections, the Prisoner Review | ||||||
16 | Board, or any of their
officers or employees in which the
court | ||||||
17 | makes a specific finding that it is frivolous shall pay all | ||||||
18 | filing fees
and court costs
in the manner provided in Article | ||||||
19 | XXII of the Code of Civil Procedure.
| ||||||
20 | In claims based upon lapsed appropriations or lost warrant | ||||||
21 | or in claims
filed
under the Line of Duty
Compensation Act,
the | ||||||
22 | Illinois
National Guardsman's Compensation Act, or the Crime
| ||||||
23 | Victims Compensation Act or in claims filed by medical vendors | ||||||
24 | for medical
services rendered by the claimant to persons |
| |||||||
| |||||||
1 | eligible for Medical Assistance
under programs administered by | ||||||
2 | the Illinois Department of Healthcare and Family Services
| ||||||
3 | Public Aid , no filing
fee shall be required.
| ||||||
4 | (Source: P.A. 93-1047, eff. 10-18-04; revised 12-15-05.)
| ||||||
5 | (705 ILCS 505/26-1) (from Ch. 37, par. 439.24-6.1)
| ||||||
6 | Sec. 26-1. Except as otherwise provided herein, the maximum | ||||||
7 | contingent
fee to be charged by an attorney practicing before | ||||||
8 | the Court shall not exceed
20 percent of the amount awarded, | ||||||
9 | which is in excess of the undisputed amount
of the claim, | ||||||
10 | unless further fees shall be allowed by the Court. In cases | ||||||
11 | involving lapsed appropriations or lost warrants
where there is | ||||||
12 | no dispute as to the liability of the respondent, the fee,
if | ||||||
13 | any, for services rendered is to be fixed by the Court at a | ||||||
14 | nominal amount.
| ||||||
15 | Nothing herein applies to awards made under the Line of | ||||||
16 | Duty
Law Enforcement Officers,
Civil Defense Workers, Civil Air | ||||||
17 | Patrol Members, Paramedics and Firemen
Compensation Act or the | ||||||
18 | Illinois National Guardsman's and Naval Militiaman's
| ||||||
19 | Compensation Act or the " Illinois Uniform Conviction | ||||||
20 | Information Act ",
enacted by the 85th General Assembly, as | ||||||
21 | heretofore or hereafter amended .
| ||||||
22 | (Source: P.A. 90-492, eff. 8-17-97; revised 11-15-04.)
| ||||||
23 | Section 1030. The Criminal Code of 1961 is amended by | ||||||
24 | changing Sections 1-6, 2-6.6, 2-13, 9-3.3, 10-6, 11-9.3, 12-2, |
| |||||||
| |||||||
1 | 12-4, 12-20.5, 16G-15, 16G-21, 17-2, 21-3, 21-7, 24-1, 24-1.1, | ||||||
2 | 24-1.6, 24-2, 24-3, 24-3.1, 32-5.2, and 44-3, by renumbering | ||||||
3 | and changing Sections 2-.5 and 5/2-7.5, and by setting forth | ||||||
4 | and renumbering multiple versions of Section 12-4.10 and | ||||||
5 | Article 16J as follows:
| ||||||
6 | (720 ILCS 5/1-6) (from Ch. 38, par. 1-6)
| ||||||
7 | Sec. 1-6. Place of trial.
| ||||||
8 | (a) Generally.
| ||||||
9 | Criminal actions shall be tried
in the county where the | ||||||
10 | offense was committed, except as otherwise provided
by law. The | ||||||
11 | State is not required to prove during trial that the alleged
| ||||||
12 | offense occurred in any particular county in this State. When a | ||||||
13 | defendant
contests the place of trial under this Section, all | ||||||
14 | proceedings regarding this
issue shall be conducted under | ||||||
15 | Section 114-1 of the Code of Criminal Procedure
of 1963. All | ||||||
16 | objections of improper place of trial are waived by a defendant
| ||||||
17 | unless made before trial.
| ||||||
18 | (b) Assailant and Victim in Different Counties.
| ||||||
19 | If a person committing an offense upon the person of | ||||||
20 | another is
located in one county and his victim is located in | ||||||
21 | another county at the
time of the commission of the offense, | ||||||
22 | trial may be had in either of
said counties.
| ||||||
23 | (c) Death and Cause of Death in Different Places or | ||||||
24 | Undetermined.
| ||||||
25 | If cause of death is inflicted in one county and death |
| |||||||
| |||||||
1 | ensues in
another county, the offender may be tried in either | ||||||
2 | county. If neither
the county in which the cause of death was | ||||||
3 | inflicted nor the county in which
death ensued are known before | ||||||
4 | trial, the offender may be tried in the county
where the body | ||||||
5 | was found.
| ||||||
6 | (d) Offense Commenced Outside the State.
| ||||||
7 | If the commission of an offense commenced outside the State | ||||||
8 | is
consummated within this State, the offender shall be tried | ||||||
9 | in the county
where the offense is consummated.
| ||||||
10 | (e) Offenses Committed in Bordering Navigable Waters.
| ||||||
11 | If an offense is committed on any of the navigable waters | ||||||
12 | bordering
on this State, the offender may be tried in any | ||||||
13 | county adjacent to such
navigable water.
| ||||||
14 | (f) Offenses Committed while in Transit.
| ||||||
15 | If an offense is committed upon any railroad car, vehicle, | ||||||
16 | watercraft
or aircraft passing within this State, and it cannot | ||||||
17 | readily be
determined in which county the offense was | ||||||
18 | committed, the offender may
be tried in any county through | ||||||
19 | which such railroad car, vehicle,
watercraft or aircraft has | ||||||
20 | passed.
| ||||||
21 | (g) Theft.
| ||||||
22 | A person who commits theft of property may be tried in any | ||||||
23 | county in
which he exerted control over such property.
| ||||||
24 | (h) Bigamy.
| ||||||
25 | A person who commits the offense of bigamy may be tried in | ||||||
26 | any county
where the bigamous marriage or bigamous cohabitation |
| |||||||
| |||||||
1 | has occurred.
| ||||||
2 | (i) Kidnaping.
| ||||||
3 | A person who commits the offense of kidnaping may be tried | ||||||
4 | in any
county in which his victim has traveled or has been | ||||||
5 | confined during the
course of the offense.
| ||||||
6 | (j) Pandering.
| ||||||
7 | A person who commits the offense of pandering may be tried | ||||||
8 | in any
county in which the prostitution was practiced or in any | ||||||
9 | county in which
any act in furtherance of the offense shall | ||||||
10 | have been committed.
| ||||||
11 | (k) Treason.
| ||||||
12 | A person who commits the offense of treason may be tried in | ||||||
13 | any
county.
| ||||||
14 | (l) Criminal Defamation.
| ||||||
15 | If criminal defamation is spoken, printed or written in one | ||||||
16 | county
and is received or circulated in another or other | ||||||
17 | counties, the offender
shall be tried in the county where the | ||||||
18 | defamation is spoken, printed or
written. If the defamation is | ||||||
19 | spoken, printed or written outside this
state, or the offender | ||||||
20 | resides outside this state, the offender may be
tried in any | ||||||
21 | county in this state in which the defamation was circulated
or | ||||||
22 | received.
| ||||||
23 | (m) Inchoate Offenses.
| ||||||
24 | A person who commits an inchoate offense may be tried in | ||||||
25 | any county
in which any act which is an element of the offense, | ||||||
26 | including the
agreement in conspiracy, is committed.
|
| |||||||
| |||||||
1 | (n) Accountability for Conduct of Another.
| ||||||
2 | Where a person in one county solicits, aids, abets, agrees, | ||||||
3 | or
attempts to aid another in the planning or commission of an | ||||||
4 | offense in
another county, he may be tried for the offense in | ||||||
5 | either county.
| ||||||
6 | (o) Child Abduction.
| ||||||
7 | A person who commits the offense of child abduction may be | ||||||
8 | tried in any
county in which his victim has traveled, been | ||||||
9 | detained, concealed or
removed to during the course of the | ||||||
10 | offense. Notwithstanding the foregoing,
unless for good cause | ||||||
11 | shown, the preferred place of trial shall be the
county of the | ||||||
12 | residence of the lawful custodian.
| ||||||
13 | (p) A person who commits the offense of narcotics | ||||||
14 | racketeering may be
tried in any county where cannabis or a | ||||||
15 | controlled substance which is the
basis for the charge of | ||||||
16 | narcotics racketeering was used; acquired;
transferred or | ||||||
17 | distributed to, from or through; or any county where any act
| ||||||
18 | was performed to further the use; acquisition, transfer or | ||||||
19 | distribution of
said cannabis or controlled substance; any | ||||||
20 | money, property, property
interest, or any other asset | ||||||
21 | generated by narcotics activities was
acquired, used, sold, | ||||||
22 | transferred or distributed to, from or through; or,
any | ||||||
23 | enterprise interest obtained as a result of narcotics | ||||||
24 | racketeering was
acquired, used, transferred or distributed | ||||||
25 | to, from or through, or where
any activity was conducted by the | ||||||
26 | enterprise or any conduct to further the
interests of such an |
| |||||||
| |||||||
1 | enterprise.
| ||||||
2 | (q) A person who commits the offense of money laundering | ||||||
3 | may be tried in
any county where any part of a financial | ||||||
4 | transaction in criminally derived
property took place or in any | ||||||
5 | county where any money or monetary instrument
which is the | ||||||
6 | basis for the offense was acquired, used, sold, transferred or
| ||||||
7 | distributed to, from or through.
| ||||||
8 | (r) A person who commits the offense of cannabis | ||||||
9 | trafficking or
controlled substance trafficking may be tried in | ||||||
10 | any county. | ||||||
11 | (s) A person who commits the offense of online sale of | ||||||
12 | stolen property, online theft by deception, or electronic | ||||||
13 | fencing may be tried in any county where any one or more | ||||||
14 | elements of the offense took place, regardless of whether the | ||||||
15 | element of the offense was the result of acts by the accused, | ||||||
16 | the victim or by another person, and regardless of whether the | ||||||
17 | defendant was ever physically present within the boundaries of | ||||||
18 | the county. | ||||||
19 | (t)
(s) A person who commits the offense of identity theft | ||||||
20 | or aggravated identity theft may be tried in any one of the | ||||||
21 | following counties in which: (1) the offense occurred;
(2) the | ||||||
22 | information used to commit the offense was illegally used;
or | ||||||
23 | (3) the victim resides. | ||||||
24 | If a person is charged with more than one violation of | ||||||
25 | identity theft or aggravated identity theft and those | ||||||
26 | violations may be tried in more than one county, any of those |
| |||||||
| |||||||
1 | counties is a proper venue for all of the violations.
| ||||||
2 | (Source: P.A. 94-51, eff. 1-1-06; 94-179, eff. 7-12-05; revised | ||||||
3 | 8-19-05.)
| ||||||
4 | (720 ILCS 5/2-0.5)
(was 720 ILCS 5/2-.5)
| ||||||
5 | Sec. 2-0.5
2-.5 .
Definitions.
For the purposes of this | ||||||
6 | Code, the words and
phrases described in this Article have the | ||||||
7 | meanings designated in this Article,
except when a particular | ||||||
8 | context clearly requires a different meaning.
| ||||||
9 | (Source: Laws 1961, p. 1983; revised 1-22-04.)
| ||||||
10 | (720 ILCS 5/2-6.6)
| ||||||
11 | Sec. 2-6.6. Emergency management worker. "Emergency | ||||||
12 | management worker" shall include the following: | ||||||
13 | (a) any person, paid or unpaid, who is a member of a | ||||||
14 | local or county emergency services and disaster agency as | ||||||
15 | defined by the Illinois Emergency Management Agency Act, or | ||||||
16 | who is an employee of the Illinois Emergency Management | ||||||
17 | Agency or the Federal Emergency Management Agency . ;
| ||||||
18 | (b) any employee or volunteer of the American Red | ||||||
19 | Cross . ;
| ||||||
20 | (c) any employee of a federal, State, county , or local | ||||||
21 | government agency assisting an emergency services and | ||||||
22 | disaster agency, the Illinois Emergency Management Agency, | ||||||
23 | or the Federal Emergency Management Agency through mutual | ||||||
24 | aid or as otherwise requested or directed in time of |
| |||||||
| |||||||
1 | disaster or emergency . ; and
| ||||||
2 | (d) any person volunteering or directed to assist an | ||||||
3 | emergency services and disaster agency, the Illinois | ||||||
4 | Emergency Management Agency, or the Federal Emergency | ||||||
5 | Management Agency.
| ||||||
6 | (Source: P.A. 94-243, eff. 1-1-06; 94-323, eff. 1-1-06; revised | ||||||
7 | 9-27-05.)
| ||||||
8 | (720 ILCS 5/2-7.5)
| ||||||
9 | Sec. 2-7.5
5/2-7.5 . "Firearm". Except as otherwise | ||||||
10 | provided in a specific
Section, "firearm" has the meaning | ||||||
11 | ascribed to it in Section 1.1 of the
Firearm Owners | ||||||
12 | Identification Card Act.
| ||||||
13 | (Source: P.A. 91-404, eff. 1-1-00; revised 9-15-06.)
| ||||||
14 | (720 ILCS 5/2-13) (from Ch. 38, par. 2-13)
| ||||||
15 | Sec. 2-13. "Peace officer". "Peace officer" means (i) any | ||||||
16 | person who by
virtue of his office or public
employment is | ||||||
17 | vested by law with a duty to maintain public order or to make
| ||||||
18 | arrests for offenses, whether that duty extends to all offenses | ||||||
19 | or is
limited to specific offenses, or (ii) any person who, by | ||||||
20 | statute, is granted and authorized to exercise powers similar | ||||||
21 | to those conferred upon any peace officer employed by a law | ||||||
22 | enforcement agency of this State.
| ||||||
23 | For purposes of Sections concerning unlawful use of | ||||||
24 | weapons,
for the purposes of assisting an Illinois peace |
| |||||||
| |||||||
1 | officer in an arrest, or when
the commission of a felony under | ||||||
2 | Illinois law is directly observed by the
person, and statutes | ||||||
3 | involving the false personation of a peace officer, false | ||||||
4 | personation of a peace officer while carrying a deadly weapon, | ||||||
5 | and aggravated false personation of a peace officer, then | ||||||
6 | officers, agents or employees of the federal government
| ||||||
7 | commissioned by
federal statute to make arrests for violations | ||||||
8 | of federal criminal laws
shall be considered "peace officers" | ||||||
9 | under this Code, including, but not
limited to all criminal | ||||||
10 | investigators of:
| ||||||
11 | (1) The United States Department of Justice, The | ||||||
12 | Federal Bureau of
Investigation, The Drug Enforcement | ||||||
13 | Agency and The Department of
Immigration and | ||||||
14 | Naturalization;
| ||||||
15 | (2) The United States Department of the Treasury, The | ||||||
16 | Secret Service,
The Bureau of Alcohol, Tobacco and Firearms | ||||||
17 | and The Customs Service;
| ||||||
18 | (3) The United States Internal Revenue Service;
| ||||||
19 | (4) The United States General Services Administration;
| ||||||
20 | (5) The United States Postal Service; and
| ||||||
21 | (6) all United States Marshals or Deputy United States | ||||||
22 | Marshals whose
duties involve the enforcement of federal | ||||||
23 | criminal laws.
| ||||||
24 | (Source: P.A. 94-730, eff. 4-17-06; 94-846, eff. 1-1-07; | ||||||
25 | revised 8-3-06.)
|
| |||||||
| |||||||
1 | (720 ILCS 5/9-3.3) (from Ch. 38, par. 9-3.3)
| ||||||
2 | Sec. 9-3.3. Drug-induced homicide.
| ||||||
3 | (a) A person who violates Section
401 of
the Illinois | ||||||
4 | Controlled Substances Act or Section 55 of the Methamphetamine | ||||||
5 | Control and Community Protection Act by unlawfully delivering a | ||||||
6 | controlled
substance to another, and any person's death is | ||||||
7 | caused by the injection,
inhalation or ingestion of any amount | ||||||
8 | of that controlled substance, commits the
offense of | ||||||
9 | drug-induced homicide.
| ||||||
10 | (b) Sentence. Drug-induced homicide is a Class X felony.
| ||||||
11 | (c) A person who commits drug-induced homicide by violating | ||||||
12 | subsection (a)
or subsection (c) of Section 401 of the Illinois | ||||||
13 | Controlled Substances Act or Section 55 of the Methamphetamine | ||||||
14 | Control and Community Protection Act
commits a Class X felony | ||||||
15 | for which the
defendant shall in addition to a sentence | ||||||
16 | authorized by law, be sentenced
to a term of imprisonment of | ||||||
17 | not less than 15 years and not more than 30
years or an | ||||||
18 | extended term of not less than 30 years and not more than 60 | ||||||
19 | years.
| ||||||
20 | (Source: P.A. 94-556, eff. 9-11-05; 94-560, eff. 1-1-06; | ||||||
21 | revised 8-19-05.)
| ||||||
22 | (720 ILCS 5/10-6) (from Ch. 38, par. 10-6)
| ||||||
23 | Sec. 10-6. Harboring a runaway.
| ||||||
24 | (a) Any person, other than an agency
or association | ||||||
25 | providing crisis intervention services as defined in Section
|
| |||||||
| |||||||
1 | 3-5 of the Juvenile Court Act of 1987, or an operator of a | ||||||
2 | youth
emergency shelter as defined in Section 2.21 of the Child | ||||||
3 | Care Act of
1969, who, without the knowledge and consent of the | ||||||
4 | minor's parent or
guardian, knowingly gives shelter to a minor, | ||||||
5 | other than a mature minor who
has been emancipated under the | ||||||
6 | Emancipation of Mature Minors Act, for more
than 48 hours | ||||||
7 | without the consent of the minor's parent or guardian, and
| ||||||
8 | without notifying the local law enforcement authorities of the | ||||||
9 | minor's name
and the fact that the minor is being provided | ||||||
10 | shelter commits the offense
of harboring a runaway.
| ||||||
11 | (b) Any person who commits the offense of harboring a | ||||||
12 | runaway is guilty
of a Class A misdemeanor.
| ||||||
13 | (Source: P.A. 86-278; 86-386; revised 10-9-03.)
| ||||||
14 | (720 ILCS 5/11-9.3)
| ||||||
15 | Sec. 11-9.3. Presence within school zone by child sex
| ||||||
16 | offenders prohibited.
| ||||||
17 | (a) It is unlawful for a child sex offender to knowingly be | ||||||
18 | present in any
school building, on real property comprising any | ||||||
19 | school, or in any conveyance
owned, leased, or contracted by a | ||||||
20 | school to transport students to or from
school or a school | ||||||
21 | related activity when persons under the age of 18 are
present | ||||||
22 | in the building, on the grounds or in
the conveyance, unless | ||||||
23 | the offender is a parent or guardian of a student attending the | ||||||
24 | school and the parent or guardian is: (i) attending a | ||||||
25 | conference at the school with school personnel to discuss the |
| |||||||
| |||||||
1 | progress of his or her child academically or socially, (ii) | ||||||
2 | participating in child review conferences in which evaluation | ||||||
3 | and placement decisions may be made with respect to his or her | ||||||
4 | child regarding special education services, or (iii) attending | ||||||
5 | conferences to discuss other student issues concerning his or | ||||||
6 | her child such as retention and promotion and notifies the | ||||||
7 | principal of the school of his or her presence at the school or | ||||||
8 | unless the
offender has permission to be present from the
| ||||||
9 | superintendent or the school board or in the case of a private | ||||||
10 | school from the
principal. In the case of a public school, if | ||||||
11 | permission is granted, the
superintendent or school board | ||||||
12 | president must inform the principal of the
school where the sex | ||||||
13 | offender will be present. Notification includes the
nature of | ||||||
14 | the sex offender's visit and the hours in which the sex | ||||||
15 | offender will
be present in the school. The sex offender is | ||||||
16 | responsible for notifying the
principal's office when he or she | ||||||
17 | arrives on school property and when he or she
departs from | ||||||
18 | school property. If the sex offender is to be present in the
| ||||||
19 | vicinity of children, the sex offender has the duty to remain | ||||||
20 | under the direct
supervision of a school official. A child sex | ||||||
21 | offender who violates this
provision is
guilty of a Class 4 | ||||||
22 | felony.
| ||||||
23 | Nothing in this Section shall be construed to infringe upon | ||||||
24 | the constitutional right of a child sex offender to be present | ||||||
25 | in a school building that is used as a polling place for the | ||||||
26 | purpose of voting.
|
| |||||||
| |||||||
1 | (1) (Blank; or)
| ||||||
2 | (2) (Blank.)
| ||||||
3 | (b) It is unlawful for a child sex offender to knowingly | ||||||
4 | loiter within 500 feet of a school building or real property | ||||||
5 | comprising any school
while persons under the age of 18 are | ||||||
6 | present in the building or on the
grounds,
unless the offender | ||||||
7 | is a parent or guardian of a student attending the school and | ||||||
8 | the parent or guardian is: (i) attending a conference at the | ||||||
9 | school with school personnel to discuss the progress of his or | ||||||
10 | her child academically or socially, (ii) participating in child | ||||||
11 | review conferences in which evaluation and placement decisions | ||||||
12 | may be made with respect to his or her child regarding special | ||||||
13 | education services, or (iii) attending conferences to discuss | ||||||
14 | other student issues concerning his or her child such as | ||||||
15 | retention and promotion and notifies the principal of the | ||||||
16 | school of his or her presence at the school or has permission | ||||||
17 | to be present from the
superintendent or the school board or in | ||||||
18 | the case of a private school from the
principal. In the case of | ||||||
19 | a public school, if permission is granted, the
superintendent | ||||||
20 | or school board president must inform the principal of the
| ||||||
21 | school where the sex offender will be present. Notification | ||||||
22 | includes the
nature of the sex offender's visit and the hours | ||||||
23 | in which the sex offender will
be present in the school. The | ||||||
24 | sex offender is responsible for notifying the
principal's | ||||||
25 | office when he or she arrives on school property and when he or | ||||||
26 | she
departs from school property. If the sex offender is to be |
| |||||||
| |||||||
1 | present in the
vicinity of children, the sex offender has the | ||||||
2 | duty to remain under the direct
supervision of a school | ||||||
3 | official. A child sex offender who violates this
provision is
| ||||||
4 | guilty of a Class 4 felony.
| ||||||
5 | (1) (Blank; or)
| ||||||
6 | (2) (Blank.)
| ||||||
7 | (b-5) It is unlawful for a child sex offender to knowingly | ||||||
8 | reside within
500 feet of a school building or the real | ||||||
9 | property comprising any school that
persons under the age of 18 | ||||||
10 | attend. Nothing in this subsection (b-5) prohibits
a child sex | ||||||
11 | offender from residing within 500 feet of a school building or | ||||||
12 | the
real property comprising any school that persons under 18 | ||||||
13 | attend if the
property is owned by the child sex offender and | ||||||
14 | was purchased before the
effective date of this amendatory Act | ||||||
15 | of the 91st General Assembly.
| ||||||
16 | (c) Definitions. In this Section:
| ||||||
17 | (1) "Child sex offender" means any person who:
| ||||||
18 | (i) has been charged under Illinois law, or any | ||||||
19 | substantially similar
federal law
or law of another | ||||||
20 | state, with a sex offense set forth in
paragraph (2) of | ||||||
21 | this subsection (c) or the attempt to commit an | ||||||
22 | included sex
offense, and:
| ||||||
23 | (A) is convicted of such offense or an attempt | ||||||
24 | to commit such offense;
or
| ||||||
25 | (B) is found not guilty by reason of insanity | ||||||
26 | of such offense or an
attempt to commit such |
| |||||||
| |||||||
1 | offense; or
| ||||||
2 | (C) is found not guilty by reason of insanity | ||||||
3 | pursuant to subsection
(c) of Section 104-25 of the | ||||||
4 | Code of Criminal Procedure of 1963 of such offense
| ||||||
5 | or an attempt to commit such offense; or
| ||||||
6 | (D) is the subject of a finding not resulting | ||||||
7 | in an acquittal at a
hearing conducted pursuant to | ||||||
8 | subsection (a) of Section 104-25 of the Code of
| ||||||
9 | Criminal Procedure of 1963 for the alleged | ||||||
10 | commission or attempted commission
of such | ||||||
11 | offense; or
| ||||||
12 | (E) is found not guilty by reason of insanity | ||||||
13 | following a hearing
conducted pursuant to a | ||||||
14 | federal law or the law of another state | ||||||
15 | substantially
similar to subsection (c) of Section | ||||||
16 | 104-25 of the Code of Criminal Procedure
of 1963 of | ||||||
17 | such offense or of the attempted commission of such | ||||||
18 | offense; or
| ||||||
19 | (F) is the subject of a finding not resulting | ||||||
20 | in an acquittal at a
hearing
conducted pursuant to | ||||||
21 | a federal law or the law of another state | ||||||
22 | substantially
similar to subsection (a) of Section | ||||||
23 | 104-25 of the Code of Criminal Procedure
of 1963 | ||||||
24 | for the alleged violation or attempted commission | ||||||
25 | of such offense; or
| ||||||
26 | (ii) is certified as a sexually dangerous person |
| |||||||
| |||||||
1 | pursuant to the
Illinois
Sexually Dangerous Persons | ||||||
2 | Act, or any substantially similar federal
law or the | ||||||
3 | law of another state, when any conduct giving rise to | ||||||
4 | such
certification is committed or attempted against a | ||||||
5 | person less than 18 years of
age; or
| ||||||
6 | (iii) is subject to the provisions of Section 2 of | ||||||
7 | the Interstate
Agreements on Sexually Dangerous | ||||||
8 | Persons Act.
| ||||||
9 | Convictions that result from or are connected with the | ||||||
10 | same act, or result
from offenses committed at the same | ||||||
11 | time, shall be counted for the purpose of
this Section as | ||||||
12 | one conviction. Any conviction set aside pursuant to law is
| ||||||
13 | not a conviction for purposes of this Section.
| ||||||
14 | (2) Except as otherwise provided in paragraph (2.5), | ||||||
15 | "sex offense"
means:
| ||||||
16 | (i) A violation of any of the following Sections of | ||||||
17 | the Criminal Code of
1961: 10-7 (aiding and abetting | ||||||
18 | child abduction under Section 10-5(b)(10)),
| ||||||
19 | 10-5(b)(10) (child luring), 11-6 (indecent | ||||||
20 | solicitation of a child), 11-6.5
(indecent | ||||||
21 | solicitation of an adult),
11-9 (public indecency when | ||||||
22 | committed in a school, on the real property
comprising | ||||||
23 | a school, or on a conveyance, owned, leased, or | ||||||
24 | contracted by a
school to transport students to or from | ||||||
25 | school or a school related activity),
11-9.1 (sexual | ||||||
26 | exploitation of a child), 11-15.1 (soliciting for a |
| |||||||
| |||||||
1 | juvenile
prostitute), 11-17.1 (keeping a place of | ||||||
2 | juvenile prostitution), 11-18.1
(patronizing a | ||||||
3 | juvenile prostitute), 11-19.1 (juvenile pimping),
| ||||||
4 | 11-19.2 (exploitation of a child), 11-20.1 (child | ||||||
5 | pornography), 11-21 (harmful
material), 12-14.1
| ||||||
6 | (predatory criminal sexual assault of a child), 12-33 | ||||||
7 | (ritualized abuse of a
child), 11-20 (obscenity) (when | ||||||
8 | that offense was committed in any school, on
real | ||||||
9 | property comprising any school, in any conveyance | ||||||
10 | owned,
leased, or contracted by a school to transport | ||||||
11 | students to or from school or a
school related | ||||||
12 | activity). An attempt to commit any of these offenses.
| ||||||
13 | (ii) A violation of any of the following Sections | ||||||
14 | of the Criminal Code
of 1961, when the victim is a | ||||||
15 | person under 18 years of age: 12-13 (criminal
sexual | ||||||
16 | assault), 12-14 (aggravated criminal sexual assault), | ||||||
17 | 12-15 (criminal
sexual abuse), 12-16 (aggravated | ||||||
18 | criminal sexual abuse). An attempt to commit
any of | ||||||
19 | these offenses.
| ||||||
20 | (iii) A violation of any of the following Sections | ||||||
21 | of the Criminal Code
of 1961, when the victim is a | ||||||
22 | person under 18 years of age and the defendant is
not a | ||||||
23 | parent of the victim:
| ||||||
24 | 10-1 (kidnapping),
| ||||||
25 | 10-2 (aggravated kidnapping),
| ||||||
26 | 10-3 (unlawful restraint),
|
| |||||||
| |||||||
1 | 10-3.1 (aggravated unlawful restraint).
| ||||||
2 | An attempt to commit any of these offenses.
| ||||||
3 | (iv) A violation of any former law of this State | ||||||
4 | substantially
equivalent to any offense listed in | ||||||
5 | clause (2)(i) of subsection (c) of this
Section.
| ||||||
6 | (2.5) For the purposes of subsection (b-5) only, a sex | ||||||
7 | offense means:
| ||||||
8 | (i) A violation of any of the following Sections of | ||||||
9 | the Criminal Code of
1961:
| ||||||
10 | 10-5(b)(10) (child luring), 10-7 (aiding and | ||||||
11 | abetting child abduction
under Section | ||||||
12 | 10-5(b)(10)), 11-6 (indecent solicitation of
a
| ||||||
13 | child), 11-6.5 (indecent solicitation of an | ||||||
14 | adult), 11-15.1 (soliciting for a
juvenile
| ||||||
15 | prostitute), 11-17.1 (keeping a place of juvenile | ||||||
16 | prostitution), 11-18.1
(patronizing a juvenile | ||||||
17 | prostitute), 11-19.1 (juvenile pimping),
11-19.2 | ||||||
18 | (exploitation of a child), 11-20.1 (child | ||||||
19 | pornography), 12-14.1
(predatory criminal sexual | ||||||
20 | assault of a child), or 12-33 (ritualized abuse of | ||||||
21 | a
child). An attempt
to commit any of
these | ||||||
22 | offenses.
| ||||||
23 | (ii) A violation of any of the following Sections | ||||||
24 | of the Criminal Code
of 1961, when the victim is a | ||||||
25 | person under 18 years of age: 12-13 (criminal
sexual | ||||||
26 | assault), 12-14 (aggravated criminal sexual assault),
|
| |||||||
| |||||||
1 | 12-16 (aggravated criminal sexual abuse), and | ||||||
2 | subsection (a) of Section 12-15
(criminal sexual | ||||||
3 | abuse). An attempt to commit
any of these offenses.
| ||||||
4 | (iii) A violation of any of the following Sections | ||||||
5 | of the Criminal Code
of 1961, when the victim is a | ||||||
6 | person under 18 years of age and the defendant is
not a | ||||||
7 | parent of the victim:
| ||||||
8 | 10-1 (kidnapping),
| ||||||
9 | 10-2 (aggravated kidnapping),
| ||||||
10 | 10-3 (unlawful restraint),
| ||||||
11 | 10-3.1 (aggravated unlawful restraint).
| ||||||
12 | An attempt to commit any of these offenses.
| ||||||
13 | (iv) A violation of any former law of this State | ||||||
14 | substantially
equivalent to any offense listed in this | ||||||
15 | paragraph (2.5) of
this subsection.
| ||||||
16 | (3) A conviction for an offense of federal law or the | ||||||
17 | law of another state
that is substantially equivalent to | ||||||
18 | any offense listed in paragraph (2) of
subsection (c) of | ||||||
19 | this Section shall constitute a conviction for the purpose | ||||||
20 | of
this Article. A finding or adjudication as a sexually | ||||||
21 | dangerous person under
any federal law or law of another | ||||||
22 | state that is substantially equivalent to the
Sexually | ||||||
23 | Dangerous Persons Act shall constitute an adjudication for | ||||||
24 | the
purposes of this Section.
| ||||||
25 | (4) "School" means a public or private
pre-school, | ||||||
26 | elementary, or secondary school.
|
| |||||||
| |||||||
1 | (5) "Loiter" means:
| ||||||
2 | (i) Standing, sitting idly, whether or not the | ||||||
3 | person is in a vehicle or
remaining in or around school | ||||||
4 | property.
| ||||||
5 | (ii) Standing, sitting idly, whether or not the | ||||||
6 | person is in a vehicle
or remaining in or around school | ||||||
7 | property, for the purpose of committing or
attempting | ||||||
8 | to commit a sex offense.
| ||||||
9 | (iii) Entering or remaining in a building in or | ||||||
10 | around school property, other than the offender's | ||||||
11 | residence.
| ||||||
12 | (6) "School official"
means the principal, a teacher, | ||||||
13 | or any other certified employee of the
school, the | ||||||
14 | superintendent of schools or a member of the school board.
| ||||||
15 | (d) Sentence. A person who violates this Section is guilty | ||||||
16 | of a Class 4
felony.
| ||||||
17 | (Source: P.A. 94-158, eff. 7-11-05; 94-164, eff. 1-1-06; | ||||||
18 | 94-170, eff. 7-11-05; revised 9-15-06.)
| ||||||
19 | (720 ILCS 5/12-2) (from Ch. 38, par. 12-2)
| ||||||
20 | Sec. 12-2. Aggravated assault.
| ||||||
21 | (a) A person commits an aggravated assault, when, in | ||||||
22 | committing an
assault, he:
| ||||||
23 | (1) Uses a deadly weapon or any device manufactured and | ||||||
24 | designed to be
substantially similar in appearance to a | ||||||
25 | firearm, other than by
discharging a firearm in the |
| |||||||
| |||||||
1 | direction of another person, a peace
officer, a person | ||||||
2 | summoned or directed by a peace officer, a correctional
| ||||||
3 | officer or a fireman or in the direction of a vehicle | ||||||
4 | occupied by another
person, a peace officer, a person | ||||||
5 | summoned or directed by a peace officer,
a correctional | ||||||
6 | officer or a fireman while the officer or fireman is
| ||||||
7 | engaged in the execution of any of his official duties, or | ||||||
8 | to prevent the
officer or fireman from performing his | ||||||
9 | official duties, or in retaliation
for the officer or | ||||||
10 | fireman performing his official duties;
| ||||||
11 | (2) Is hooded, robed or masked in such manner as to | ||||||
12 | conceal his
identity or any device manufactured and | ||||||
13 | designed to be substantially
similar in appearance to a | ||||||
14 | firearm;
| ||||||
15 | (3) Knows the individual assaulted to be a teacher or | ||||||
16 | other person
employed in any school and such teacher or | ||||||
17 | other employee is upon the
grounds of a school or grounds | ||||||
18 | adjacent thereto, or is in any part of a
building used for | ||||||
19 | school purposes;
| ||||||
20 | (4) Knows the individual assaulted to be a supervisor, | ||||||
21 | director,
instructor or other person employed in any park | ||||||
22 | district and such
supervisor, director, instructor or | ||||||
23 | other employee is upon the grounds of
the park or grounds | ||||||
24 | adjacent thereto, or is in any part of a building used
for | ||||||
25 | park purposes;
| ||||||
26 | (5) Knows the individual assaulted to be a caseworker, |
| |||||||
| |||||||
1 | investigator, or
other person employed by the Department of | ||||||
2 | Healthcare and Family Services (formerly State Department | ||||||
3 | of Public Aid ) , a
County
Department of Public Aid, or the | ||||||
4 | Department of Human Services (acting as
successor to the | ||||||
5 | Illinois Department of Public Aid under the Department of
| ||||||
6 | Human Services Act) and such caseworker, investigator, or | ||||||
7 | other person
is upon the grounds of a public aid office or | ||||||
8 | grounds adjacent thereto, or
is in any part of a building | ||||||
9 | used for public aid purposes, or upon the
grounds of a home | ||||||
10 | of a public aid applicant, recipient or any other person
| ||||||
11 | being interviewed or investigated in the employees' | ||||||
12 | discharge of his
duties, or on grounds adjacent thereto, or | ||||||
13 | is in any part of a building in
which the applicant, | ||||||
14 | recipient, or other such person resides or is located;
| ||||||
15 | (6) Knows the individual assaulted to be a peace | ||||||
16 | officer, or a community
policing volunteer, or a fireman
| ||||||
17 | while the officer or fireman is engaged in the execution of | ||||||
18 | any of his
official duties, or to prevent the officer, | ||||||
19 | community policing volunteer,
or fireman from performing
| ||||||
20 | his official duties, or in retaliation for the officer, | ||||||
21 | community policing
volunteer, or fireman
performing his | ||||||
22 | official duties, and the assault is committed other than by
| ||||||
23 | the discharge of a firearm in the direction of the officer | ||||||
24 | or fireman or
in the direction of a vehicle occupied by the | ||||||
25 | officer or fireman;
| ||||||
26 | (7) Knows the individual assaulted to be
an emergency |
| |||||||
| |||||||
1 | medical technician - ambulance, emergency medical
| ||||||
2 | technician - intermediate, emergency medical technician - | ||||||
3 | paramedic, ambulance
driver or other medical
assistance or | ||||||
4 | first aid personnel engaged in the
execution of any of his | ||||||
5 | official duties, or to prevent the
emergency medical | ||||||
6 | technician - ambulance, emergency medical
technician - | ||||||
7 | intermediate, emergency medical technician - paramedic,
| ||||||
8 | ambulance driver, or other medical assistance or first aid | ||||||
9 | personnel from
performing his official duties, or in | ||||||
10 | retaliation for the
emergency medical technician - | ||||||
11 | ambulance, emergency medical
technician - intermediate, | ||||||
12 | emergency medical technician - paramedic,
ambulance | ||||||
13 | driver, or other medical assistance or first aid personnel
| ||||||
14 | performing his official duties;
| ||||||
15 | (8) Knows the individual assaulted to be the driver, | ||||||
16 | operator, employee
or passenger of any transportation | ||||||
17 | facility or system engaged in the
business of | ||||||
18 | transportation of the public for hire and the individual
| ||||||
19 | assaulted is then performing in such capacity or then using | ||||||
20 | such public
transportation as a passenger or using any area | ||||||
21 | of any description
designated by the transportation | ||||||
22 | facility or system as a vehicle boarding,
departure, or | ||||||
23 | transfer location;
| ||||||
24 | (9) Or the individual assaulted is on or about a public | ||||||
25 | way, public
property, or public place of accommodation or | ||||||
26 | amusement;
|
| |||||||
| |||||||
1 | (9.5) Is, or the individual assaulted is, in or about a | ||||||
2 | publicly or privately owned sports or entertainment arena, | ||||||
3 | stadium, community or convention hall, special event | ||||||
4 | center, amusement facility, or a special event center in a | ||||||
5 | public park during any 24-hour period when a professional | ||||||
6 | sporting event, National Collegiate Athletic Association | ||||||
7 | (NCAA)-sanctioned sporting event, United States Olympic | ||||||
8 | Committee-sanctioned sporting event, or International | ||||||
9 | Olympic Committee-sanctioned sporting event is taking | ||||||
10 | place in this venue;
| ||||||
11 | (10) Knows the individual assaulted to be an employee | ||||||
12 | of the State of
Illinois, a municipal corporation therein | ||||||
13 | or a political subdivision
thereof, engaged in the | ||||||
14 | performance of his authorized duties as such
employee;
| ||||||
15 | (11) Knowingly and without legal justification, | ||||||
16 | commits an assault on
a physically handicapped person;
| ||||||
17 | (12) Knowingly and without legal justification, | ||||||
18 | commits an assault on a
person 60 years of age or older;
| ||||||
19 | (13) Discharges a firearm;
| ||||||
20 | (14) Knows the individual assaulted to be a | ||||||
21 | correctional officer, while
the officer is engaged in the | ||||||
22 | execution of any of his or her official duties,
or to | ||||||
23 | prevent the officer from performing his or her official | ||||||
24 | duties, or in
retaliation for the officer performing his or | ||||||
25 | her official duties;
| ||||||
26 | (15) Knows the individual assaulted to be a |
| |||||||
| |||||||
1 | correctional employee or
an employee of the Department of | ||||||
2 | Human Services supervising or controlling
sexually | ||||||
3 | dangerous persons or sexually violent persons, while
the | ||||||
4 | employee is engaged in the execution of any of his or her | ||||||
5 | official duties,
or to prevent the employee from performing | ||||||
6 | his or her official duties, or in
retaliation for the | ||||||
7 | employee performing his or her official duties, and the
| ||||||
8 | assault is committed other than by the discharge of a | ||||||
9 | firearm in the direction
of the employee or in the | ||||||
10 | direction of a vehicle occupied by the employee;
| ||||||
11 | (16) Knows the individual assaulted to be an employee | ||||||
12 | of a police or
sheriff's department engaged in the | ||||||
13 | performance of his or her official duties
as such employee; | ||||||
14 | or
| ||||||
15 | (17) Knows the individual assaulted to be a sports | ||||||
16 | official or coach at any level of competition and the act | ||||||
17 | causing the assault to the sports official or coach | ||||||
18 | occurred within an athletic facility or an indoor or | ||||||
19 | outdoor playing field or within the immediate vicinity of | ||||||
20 | the athletic facility or an indoor or outdoor playing field | ||||||
21 | at which the sports official or coach was an active | ||||||
22 | participant in the athletic contest held at the athletic | ||||||
23 | facility. For the purposes of this paragraph (17), "sports | ||||||
24 | official" means a person at an athletic contest who | ||||||
25 | enforces the rules of the contest, such as an umpire or | ||||||
26 | referee; and "coach" means a person recognized as a coach |
| |||||||
| |||||||
1 | by the sanctioning authority that conducted the athletic | ||||||
2 | contest ; or .
| ||||||
3 | (18) Knows the individual assaulted to be an emergency | ||||||
4 | management
worker, while the emergency management worker | ||||||
5 | is engaged in the execution of
any of his or her official | ||||||
6 | duties,
or to prevent the emergency management worker from | ||||||
7 | performing his or her
official duties, or in retaliation | ||||||
8 | for the emergency management worker
performing his or her | ||||||
9 | official duties, and the assault is committed other than
by | ||||||
10 | the discharge of a firearm in the direction of the | ||||||
11 | emergency management
worker or in the direction of a | ||||||
12 | vehicle occupied by the emergency management
worker.
| ||||||
13 | (a-5) A person commits an aggravated assault when he or she | ||||||
14 | knowingly and
without lawful justification shines or flashes a | ||||||
15 | laser gunsight or other laser
device that is attached or | ||||||
16 | affixed to a firearm, or used in concert with a
firearm, so | ||||||
17 | that the laser beam strikes near or in the immediate vicinity | ||||||
18 | of
any person.
| ||||||
19 | (b) Sentence.
| ||||||
20 | Aggravated assault as defined in paragraphs (1) through (5) | ||||||
21 | and (8) through
(12) and (17) of subsection (a) of this Section | ||||||
22 | is a Class A misdemeanor. Aggravated
assault as defined in | ||||||
23 | paragraphs (13), (14), and (15) of subsection (a) of this
| ||||||
24 | Section and as defined in subsection (a-5) of this Section is a | ||||||
25 | Class 4
felony. Aggravated assault as defined in paragraphs
| ||||||
26 | (6), (7), (16), and (18) of
subsection (a) of this Section is a |
| |||||||
| |||||||
1 | Class A misdemeanor if a firearm is not
used in the commission | ||||||
2 | of the assault. Aggravated assault as defined in
paragraphs | ||||||
3 | (6), (7), (16), and (18) of subsection (a) of this
Section is a | ||||||
4 | Class 4 felony if a firearm is used in the commission of the
| ||||||
5 | assault.
| ||||||
6 | (Source: P.A. 93-692, eff. 1-1-05; 94-243, eff. 1-1-06; 94-482, | ||||||
7 | eff. 1-1-06; revised 12-15-05.)
| ||||||
8 | (720 ILCS 5/12-4) (from Ch. 38, par. 12-4)
| ||||||
9 | Sec. 12-4. Aggravated Battery.
| ||||||
10 | (a) A person who, in committing a battery, intentionally or | ||||||
11 | knowingly
causes great bodily harm, or permanent disability or | ||||||
12 | disfigurement commits
aggravated battery.
| ||||||
13 | (b) In committing a battery, a person commits aggravated | ||||||
14 | battery if he or
she:
| ||||||
15 | (1) Uses a deadly weapon other than by the discharge of | ||||||
16 | a firearm;
| ||||||
17 | (2) Is hooded, robed or masked, in such manner as to | ||||||
18 | conceal his
identity;
| ||||||
19 | (3) Knows the individual harmed to be a teacher or | ||||||
20 | other person
employed in any school and such teacher or | ||||||
21 | other employee is upon the
grounds of a school or grounds | ||||||
22 | adjacent thereto, or is in any part of a
building used for | ||||||
23 | school purposes;
| ||||||
24 | (4) (Blank);
| ||||||
25 | (5) (Blank);
|
| |||||||
| |||||||
1 | (6) Knows the individual harmed to be a community
| ||||||
2 | policing volunteer while
such volunteer is engaged in the | ||||||
3 | execution of
any official duties, or to prevent the | ||||||
4 | volunteer from performing official duties, or in
| ||||||
5 | retaliation for the volunteer performing official
duties, | ||||||
6 | and the battery is committed other than by the discharge of | ||||||
7 | a firearm;
| ||||||
8 | (7) Knows the individual harmed to be an emergency | ||||||
9 | medical technician -
ambulance, emergency medical | ||||||
10 | technician - intermediate, emergency medical
technician - | ||||||
11 | paramedic, ambulance driver, other medical assistance, | ||||||
12 | first
aid personnel, or hospital personnel engaged in the
| ||||||
13 | performance of any of his or her official duties,
or to | ||||||
14 | prevent the emergency medical technician - ambulance, | ||||||
15 | emergency medical
technician - intermediate, emergency | ||||||
16 | medical technician - paramedic, ambulance
driver, other | ||||||
17 | medical assistance, first aid personnel, or
hospital | ||||||
18 | personnel from performing
official duties, or in | ||||||
19 | retaliation for performing official duties;
| ||||||
20 | (8) Is, or the person battered is, on or about a public | ||||||
21 | way, public
property or public place of accommodation or | ||||||
22 | amusement;
| ||||||
23 | (8.5) Is, or the person battered is, on a publicly or | ||||||
24 | privately owned sports or entertainment arena, stadium, | ||||||
25 | community or convention hall, special event center, | ||||||
26 | amusement facility, or a special event center in a public |
| |||||||
| |||||||
1 | park during any 24-hour period when a professional sporting | ||||||
2 | event, National Collegiate Athletic Association | ||||||
3 | (NCAA)-sanctioned sporting event, United States Olympic | ||||||
4 | Committee-sanctioned sporting event, or International | ||||||
5 | Olympic Committee-sanctioned sporting event is taking | ||||||
6 | place in this venue;
| ||||||
7 | (9) Knows the individual harmed to be the driver, | ||||||
8 | operator, employee
or passenger of any transportation | ||||||
9 | facility or system engaged in the
business of | ||||||
10 | transportation of the public for hire and the individual
| ||||||
11 | assaulted is then performing in such capacity or then using | ||||||
12 | such public
transportation as a passenger or using any area | ||||||
13 | of any description
designated by the transportation | ||||||
14 | facility or system as a vehicle
boarding, departure, or | ||||||
15 | transfer location;
| ||||||
16 | (10) Knows the individual harmed to be an individual of | ||||||
17 | 60 years of age or older;
| ||||||
18 | (11) Knows the individual harmed is pregnant;
| ||||||
19 | (12) Knows the individual harmed to be a judge whom the
| ||||||
20 | person intended to harm as a result of the judge's | ||||||
21 | performance of his or
her official duties as a judge;
| ||||||
22 | (13) (Blank);
| ||||||
23 | (14) Knows the individual harmed to be a person who is | ||||||
24 | physically
handicapped;
| ||||||
25 | (15) Knowingly and without legal justification and by | ||||||
26 | any means causes
bodily harm to a merchant who detains the |
| |||||||
| |||||||
1 | person for an alleged commission of
retail theft under | ||||||
2 | Section 16A-5 of this Code.
In this item (15), "merchant" | ||||||
3 | has the meaning ascribed to it in Section
16A-2.4 of this | ||||||
4 | Code;
| ||||||
5 | (16) Is, or the person battered is, in any building or | ||||||
6 | other structure
used to provide shelter or other services | ||||||
7 | to victims or to the dependent
children of victims of | ||||||
8 | domestic violence pursuant to the Illinois Domestic
| ||||||
9 | Violence Act of 1986 or the Domestic Violence Shelters Act, | ||||||
10 | or the person
battered is within 500 feet of such a | ||||||
11 | building or other structure while going
to or from such a | ||||||
12 | building or other structure. "Domestic violence" has the
| ||||||
13 | meaning ascribed to it in Section 103 of the Illinois | ||||||
14 | Domestic Violence Act of
1986. "Building or other structure | ||||||
15 | used to provide shelter" has the meaning
ascribed to | ||||||
16 | "shelter" in Section 1 of the Domestic Violence Shelters | ||||||
17 | Act;
| ||||||
18 | (17) (Blank); or
| ||||||
19 | (18) Knows the individual harmed to be an officer or | ||||||
20 | employee of the State of Illinois, a unit of local | ||||||
21 | government, or school district engaged in the performance | ||||||
22 | of his or her authorized duties as such officer or | ||||||
23 | employee ; or .
| ||||||
24 | (19)
(18) Knows the individual harmed to be an | ||||||
25 | emergency management worker
engaged in the performance of | ||||||
26 | any of his or her official duties, or to prevent
the |
| |||||||
| |||||||
1 | emergency management worker from performing official | ||||||
2 | duties, or in
retaliation for the emergency management | ||||||
3 | worker performing official duties.
| ||||||
4 | For the purpose of paragraph (14) of subsection (b) of this | ||||||
5 | Section, a
physically handicapped person is a person who | ||||||
6 | suffers from a permanent and
disabling physical | ||||||
7 | characteristic, resulting from disease, injury,
functional | ||||||
8 | disorder or congenital condition.
| ||||||
9 | (c) A person who administers to an individual or causes him | ||||||
10 | to take,
without his consent or by threat or deception, and for | ||||||
11 | other than
medical purposes, any intoxicating, poisonous, | ||||||
12 | stupefying, narcotic,
anesthetic, or controlled substance | ||||||
13 | commits aggravated battery.
| ||||||
14 | (d) A person who knowingly gives to another person any food | ||||||
15 | that
contains any substance or object that is intended to cause | ||||||
16 | physical
injury if eaten, commits aggravated battery.
| ||||||
17 | (d-3) A person commits aggravated battery when he or she | ||||||
18 | knowingly and
without lawful justification shines or flashes a | ||||||
19 | laser gunsight or other laser
device that is attached or | ||||||
20 | affixed to a firearm, or used in concert with a
firearm, so | ||||||
21 | that the laser beam strikes upon or against the person of | ||||||
22 | another.
| ||||||
23 | (d-5) An inmate of a penal institution or a sexually | ||||||
24 | dangerous person or a
sexually violent person in the custody of | ||||||
25 | the Department of Human Services
who causes or attempts to | ||||||
26 | cause a
correctional employee of the penal institution or an |
| |||||||
| |||||||
1 | employee of the
Department of Human Services to come into | ||||||
2 | contact with blood,
seminal fluid, urine, or feces, by | ||||||
3 | throwing, tossing, or expelling that fluid
or material commits | ||||||
4 | aggravated battery. For purposes of this subsection (d-5),
| ||||||
5 | "correctional employee" means a person who is employed by a | ||||||
6 | penal institution.
| ||||||
7 | (e) Sentence.
| ||||||
8 | (1) Except as otherwise provided in paragraphs (2) and | ||||||
9 | (3), aggravated battery is a Class 3 felony. | ||||||
10 | (2) Aggravated battery that does not cause great bodily | ||||||
11 | harm or permanent disability or disfigurement is a Class 2 | ||||||
12 | felony when the person knows
the individual harmed to be a | ||||||
13 | peace officer, a community
policing volunteer, a | ||||||
14 | correctional institution employee, an
employee of the | ||||||
15 | Department of Human Services supervising or
controlling | ||||||
16 | sexually dangerous persons or sexually violent
persons, or | ||||||
17 | a fireman while such officer, volunteer, employee,
or | ||||||
18 | fireman is engaged in the execution of any official duties
| ||||||
19 | including arrest or attempted arrest, or to prevent the
| ||||||
20 | officer, volunteer, employee, or fireman from performing
| ||||||
21 | official duties, or in retaliation for the officer, | ||||||
22 | volunteer,
employee, or fireman performing official | ||||||
23 | duties, and the
battery is committed other than by the | ||||||
24 | discharge of a firearm.
| ||||||
25 | (3) Aggravated battery that causes great bodily harm or | ||||||
26 | permanent disability or disfigurement in
violation of |
| |||||||
| |||||||
1 | subsection (a)
is a Class 1 felony when the person knows | ||||||
2 | the individual harmed to be a peace
officer, a community
| ||||||
3 | policing volunteer, a correctional institution employee, | ||||||
4 | an employee
of the Department of Human Services supervising | ||||||
5 | or controlling sexually
dangerous persons or sexually | ||||||
6 | violent persons, or a fireman while
such officer, | ||||||
7 | volunteer, employee, or fireman is engaged in the execution | ||||||
8 | of
any official duties including arrest or attempted | ||||||
9 | arrest, or to prevent the
officer, volunteer, employee, or | ||||||
10 | fireman from performing official duties, or in
retaliation | ||||||
11 | for the officer, volunteer, employee, or fireman | ||||||
12 | performing official
duties, and the battery is committed | ||||||
13 | other than by the discharge of a firearm .
| ||||||
14 | (Source: P.A. 93-83, eff. 7-2-03; 94-243, eff. 1-1-06; 94-327, | ||||||
15 | eff. 1-1-06; 94-333, eff. 7-26-05; 94-363, eff. 7-29-05; | ||||||
16 | 94-482, eff. 1-1-06; revised 8-19-05.)
| ||||||
17 | (720 ILCS 5/12-4.10)
| ||||||
18 | Sec. 12-4.10. (Repealed). | ||||||
19 | (Source: P.A. 93-340, eff. 7-24-03. Repealed by P.A. 94-556, | ||||||
20 | eff. 9-11-05.)
| ||||||
21 | (720 ILCS 5/12-4.12)
| ||||||
22 | Sec. 12-4.12
12-4.10 . (Repealed). | ||||||
23 | (Source: P.A. 93-111, eff. 7-8-03. Repealed by P.A. 94-556, | ||||||
24 | eff. 9-11-05; revised 9-22-05.)
|
| |||||||
| |||||||
1 | (720 ILCS 5/12-20.5)
| ||||||
2 | Sec. 12-20.5. Dismembering a human body.
| ||||||
3 | (a) A person commits the offense of dismembering a human | ||||||
4 | body
when he or she knowingly dismembers, severs, separates,
| ||||||
5 | dissects, or mutilates any body part of a deceased's body.
| ||||||
6 | (b) This Section does not apply to:
| ||||||
7 | (1) an anatomical gift made in accordance with the | ||||||
8 | Illinois
Uniform
Anatomical Gift Act;
| ||||||
9 | (2) the removal and use of a human cornea in accordance | ||||||
10 | with
the Illinois Anatomical Gift
Corneal Transplant Act;
| ||||||
11 | (3) the purchase or sale of drugs, reagents, or other | ||||||
12 | substances
made from human body parts, for the use in | ||||||
13 | medical or scientific research,
treatment, or diagnosis;
| ||||||
14 | (4) persons employed by a county medical examiner's | ||||||
15 | office or
coroner's office acting within the scope of their | ||||||
16 | employment while
performing an autopsy;
| ||||||
17 | (5) the acts of a licensed funeral director or embalmer | ||||||
18 | while
performing acts authorized by the Funeral Directors | ||||||
19 | and Embalmers
Licensing Code;
| ||||||
20 | (6) the acts of emergency medical personnel or | ||||||
21 | physicians
performed in good faith and according to the | ||||||
22 | usual and customary standards
of medical practice in an | ||||||
23 | attempt to resuscitate a life; or
| ||||||
24 | (7) physicians licensed to practice medicine in all of | ||||||
25 | its branches or
holding a visiting professor, physician, or |
| |||||||
| |||||||
1 | resident permit under the Medical
Practice Act of 1987, | ||||||
2 | performing acts in accordance with usual and customary
| ||||||
3 | standards of
medical practice, or a currently enrolled | ||||||
4 | student in an accredited medical
school in furtherance of | ||||||
5 | his or her education at the accredited medical
school.
| ||||||
6 | (c) It is not a defense to a violation of this Section that | ||||||
7 | the decedent
died due to
natural, accidental, or suicidal | ||||||
8 | causes.
| ||||||
9 | (d) Sentence. Dismembering a human body is a Class X | ||||||
10 | felony.
| ||||||
11 | (Source: P.A. 93-339, eff. 7-24-03; revised 11-15-04.)
| ||||||
12 | (720 ILCS 5/16G-15)
| ||||||
13 | Sec. 16G-15. Identity theft.
| ||||||
14 | (a) A person commits the offense of identity theft when he | ||||||
15 | or
she
knowingly:
| ||||||
16 | (1) uses any personal
identifying information or | ||||||
17 | personal identification document of another
person to | ||||||
18 | fraudulently obtain credit, money, goods, services, or | ||||||
19 | other
property, or
| ||||||
20 | (2) uses any personal identification information or | ||||||
21 | personal
identification document of another with intent to | ||||||
22 | commit any felony theft
or other felony violation of State | ||||||
23 | law not set forth in
paragraph (1) of this subsection (a), | ||||||
24 | or
| ||||||
25 | (3) obtains, records, possesses, sells, transfers, |
| |||||||
| |||||||
1 | purchases, or
manufactures any personal identification | ||||||
2 | information or personal
identification document of another | ||||||
3 | with intent to commit or to aid or abet
another in | ||||||
4 | committing any felony theft or other felony violation of
| ||||||
5 | State law, or
| ||||||
6 | (4) uses, obtains, records, possesses, sells, | ||||||
7 | transfers, purchases,
or manufactures any personal | ||||||
8 | identification information or
personal identification | ||||||
9 | document of another knowing that such
personal | ||||||
10 | identification information or personal identification
| ||||||
11 | documents were stolen or produced without lawful | ||||||
12 | authority, or
| ||||||
13 | (5) uses, transfers, or possesses document-making | ||||||
14 | implements to
produce false identification or false | ||||||
15 | documents with knowledge that
they will be used by the | ||||||
16 | person or another to commit any felony theft or other
| ||||||
17 | felony violation of State law, or
| ||||||
18 | (6) uses any personal identification information or | ||||||
19 | personal identification document of another to portray | ||||||
20 | himself or herself as that person, or otherwise, for the | ||||||
21 | purpose of gaining access to any personal identification | ||||||
22 | information or personal identification document of that | ||||||
23 | person, without the prior express permission of that | ||||||
24 | person, or | ||||||
25 | (7) uses any personal identification information or | ||||||
26 | personal identification document of another for the |
| |||||||
| |||||||
1 | purpose of gaining access to any record of the actions | ||||||
2 | taken, communications made or received, or other | ||||||
3 | activities or transactions of that person, without the | ||||||
4 | prior express permission of that person.
| ||||||
5 | (b) Knowledge shall be determined by an evaluation of all | ||||||
6 | circumstances
surrounding the use of the other
person's | ||||||
7 | identifying information or document.
| ||||||
8 | (c) When a charge of identity theft of credit, money, | ||||||
9 | goods,
services, or other property
exceeding a specified value | ||||||
10 | is brought the value of the credit, money, goods,
services, or | ||||||
11 | other property is
an element of the offense to be resolved by | ||||||
12 | the trier of fact as either
exceeding or not exceeding the
| ||||||
13 | specified value.
| ||||||
14 | (d) Sentence.
| ||||||
15 | (1) A person convicted of identity theft in violation | ||||||
16 | of paragraph (1)
of subsection (a) shall be sentenced as | ||||||
17 | follows:
| ||||||
18 | (A) identity theft of credit, money, goods, | ||||||
19 | services, or
other
property not exceeding $300 in
value | ||||||
20 | is a Class 4 felony. A person who has been previously | ||||||
21 | convicted of
identity theft of
less than $300 who is | ||||||
22 | convicted of a second or subsequent offense of
identity | ||||||
23 | theft of less than
$300 is guilty of a Class 3 felony. | ||||||
24 | A person who has been convicted of identity
theft of | ||||||
25 | less than
$300 who has been previously convicted of any | ||||||
26 | type of theft, robbery, armed
robbery, burglary, |
| |||||||
| |||||||
1 | residential
burglary, possession of burglary tools, | ||||||
2 | home invasion, home repair fraud,
aggravated home | ||||||
3 | repair fraud, or
financial exploitation of an elderly | ||||||
4 | or disabled person is guilty of a Class 3
felony. When | ||||||
5 | a person has any
such prior conviction, the information | ||||||
6 | or indictment charging that person shall
state the | ||||||
7 | prior conviction so
as to give notice of the State's | ||||||
8 | intention to treat the charge as a Class 3 felony. The
| ||||||
9 | fact of the prior conviction is
not an element of the | ||||||
10 | offense and may not be disclosed to the jury during | ||||||
11 | trial
unless otherwise permitted
by issues properly | ||||||
12 | raised during the trial.
| ||||||
13 | (B) Identity theft of credit, money, goods,
| ||||||
14 | services, or other
property exceeding $300 and not
| ||||||
15 | exceeding $2,000 in value is a Class 3 felony.
| ||||||
16 | (C) Identity theft of credit, money, goods,
| ||||||
17 | services, or other
property exceeding $2,000 and not
| ||||||
18 | exceeding $10,000 in value is a Class 2 felony.
| ||||||
19 | (D) Identity theft of credit, money, goods,
| ||||||
20 | services, or other
property exceeding $10,000 and
not | ||||||
21 | exceeding $100,000 in value is a Class 1 felony.
| ||||||
22 | (E) Identity theft of credit, money, goods,
| ||||||
23 | services, or
other property exceeding $100,000 in
| ||||||
24 | value is a Class X felony.
| ||||||
25 | (2) A person convicted of any offense enumerated in | ||||||
26 | paragraphs
(2) through (7) of subsection (a) is guilty of a |
| |||||||
| |||||||
1 | Class 3 felony.
| ||||||
2 | (3) A person convicted of any offense enumerated in | ||||||
3 | paragraphs
(2) through (5) of subsection (a) a second or | ||||||
4 | subsequent time is
guilty of a Class 2 felony.
| ||||||
5 | (4) A person who, within a 12 month period, is found in | ||||||
6 | violation
of any offense enumerated in paragraphs (2) | ||||||
7 | through (7) of
subsection (a) with respect to the | ||||||
8 | identifiers of, or other information relating to, 3 or more
| ||||||
9 | separate individuals, at the same time or consecutively, is | ||||||
10 | guilty
of a Class 2 felony.
| ||||||
11 | (5) A person convicted of identity theft in violation | ||||||
12 | of paragraph (2) of subsection (a) who uses any personal | ||||||
13 | identification information or personal
identification | ||||||
14 | document of another to purchase methamphetamine | ||||||
15 | manufacturing material as defined in Section 10 of the | ||||||
16 | Methamphetamine Control and Community Protection Act with | ||||||
17 | the intent to unlawfully manufacture methamphetamine is | ||||||
18 | guilty of a Class 2 felony for a first offense and a Class | ||||||
19 | 1 felony for a second or subsequent offense.
| ||||||
20 | (Source: P.A. 93-401, eff. 7-31-03; 94-39, eff. 6-16-05; | ||||||
21 | 94-827, eff. 1-1-07; 94-1008, eff. 7-5-06; revised 8-3-06.)
| ||||||
22 | (720 ILCS 5/16G-21)
| ||||||
23 | Sec. 16G-21. Civil remedies. A person who is convicted of | ||||||
24 | facilitating identity theft, identity theft, or aggravated | ||||||
25 | identity theft is liable in a civil action to the person who
|
| |||||||
| |||||||
1 | suffered
damages as a result of the violation. The person | ||||||
2 | suffering damages may
recover court costs, attorney's
fees, | ||||||
3 | lost wages, and actual damages. Where a person has been | ||||||
4 | convicted of identity theft in violation of subsection (a)(6) | ||||||
5 | or subsection (a)(7) of Section 16G-15, in the absence of proof | ||||||
6 | of actual damages, the person whose personal identification | ||||||
7 | information or personal identification documents were used in | ||||||
8 | the violation in question may recover damages of $2,000.
| ||||||
9 | (Source: P.A. 93-401, eff. 7-31-03; 94-969, eff. 1-1-07; | ||||||
10 | 94-1008, eff. 7-5-06; revised 8-3-06.)
| ||||||
11 | (720 ILCS 5/Art. 16J heading) | ||||||
12 | ARTICLE 16J. ONLINE PROPERTY OFFENSES
| ||||||
13 | (Source: P.A. 94-179, eff. 7-12-05.) | ||||||
14 | (720 ILCS 5/16J-5) | ||||||
15 | Sec. 16J-5. Definitions. In this Article: | ||||||
16 | "Access" means to use, instruct, communicate with, store | ||||||
17 | data
in, retrieve or intercept data from, or otherwise utilize | ||||||
18 | any services
of a computer.
| ||||||
19 | "Computer" means a device that accepts, processes, stores, | ||||||
20 | retrieves
or outputs data, and includes but is not limited to | ||||||
21 | auxiliary storage and
telecommunications devices connected to | ||||||
22 | computers.
| ||||||
23 | "Internet" means an interactive computer service or system | ||||||
24 | or an
information service, system, or access software provider |
| |||||||
| |||||||
1 | that provides or
enables computer access by multiple users to a | ||||||
2 | computer server, and includes,
but is not limited to, an | ||||||
3 | information service, system, or access software
provider that | ||||||
4 | provides access to a network system commonly known as the
| ||||||
5 | Internet, or any comparable system or service and also | ||||||
6 | includes, but is not
limited to, a World Wide Web page, | ||||||
7 | newsgroup, message board, mailing list, or
chat area on any | ||||||
8 | interactive computer service or system or other online
service. | ||||||
9 | "Online" means the use of any electronic or wireless device | ||||||
10 | to access the Internet.
| ||||||
11 | (Source: P.A. 94-179, eff. 7-12-05.) | ||||||
12 | (720 ILCS 5/16J-10) | ||||||
13 | Sec. 16J-10. Online sale of stolen property. A person | ||||||
14 | commits the offense of online sale of stolen property when he | ||||||
15 | or she uses or accesses the Internet with the intent of selling | ||||||
16 | property gained through unlawful means.
| ||||||
17 | (Source: P.A. 94-179, eff. 7-12-05.) | ||||||
18 | (720 ILCS 5/16J-15) | ||||||
19 | Sec. 16J-15. Online theft by deception. A person commits | ||||||
20 | the offense of online theft by deception when he or she uses | ||||||
21 | the Internet to purchase or attempt to purchase property from a | ||||||
22 | seller with a mode of payment that he or she knows is | ||||||
23 | fictitious, stolen, or lacking the consent of the valid account | ||||||
24 | holder.
|
| |||||||
| |||||||
1 | (Source: P.A. 94-179, eff. 7-12-05.) | ||||||
2 | (720 ILCS 5/16J-25)
| ||||||
3 | Sec. 16J-25. Sentence. A violation of this Article is a | ||||||
4 | Class 4 felony if the full retail value of the stolen property | ||||||
5 | or property obtained by deception does not exceed $150. A | ||||||
6 | violation of this Article is a Class 2 felony if the full | ||||||
7 | retail value of the stolen property or property obtained by | ||||||
8 | deception exceeds $150.
| ||||||
9 | (Source: P.A. 94-179, eff. 7-12-05.) | ||||||
10 | (720 ILCS 5/Art. 16K heading) | ||||||
11 | ARTICLE 16K
16J . THEFT OF MOTOR FUEL | ||||||
12 | (Source: P.A. 94-700, eff. 6-1-06; revised 9-14-06.) | ||||||
13 | (720 ILCS 5/16K-5) | ||||||
14 | Sec. 16K-5
16J-5 . Legislative declaration. It is the public | ||||||
15 | policy of this State that the substantial burden placed upon | ||||||
16 | the economy of this State resulting from the rising incidence | ||||||
17 | of theft of motor fuel is a matter of grave concern to the | ||||||
18 | people of this State who have a right to be protected in their | ||||||
19 | health, safety and welfare from the effects of this crime.
| ||||||
20 | (Source: P.A. 94-700, eff. 6-1-06; revised 9-14-06.) | ||||||
21 | (720 ILCS 5/16K-10) | ||||||
22 | Sec. 16K-10
16J-10 . Definitions. For the purposes of this |
| |||||||
| |||||||
1 | Article: | ||||||
2 | "Motor fuel" means a liquid, regardless of its properties, | ||||||
3 | used to propel a vehicle, including gasoline and diesel. | ||||||
4 | "Retailer" means a person, business, or establishment that | ||||||
5 | sells motor fuel at retail. | ||||||
6 | "Vehicle" means a motor vehicle, motorcycle, or farm | ||||||
7 | implement that is self-propelled and that uses motor fuel for | ||||||
8 | propulsion.
| ||||||
9 | (Source: P.A. 94-700, eff. 6-1-06; revised 9-14-06.) | ||||||
10 | (720 ILCS 5/16K-15) | ||||||
11 | Sec. 16K-15
16J-15 . Offense of theft of motor fuel. A | ||||||
12 | person commits the offense of theft of motor fuel when he or | ||||||
13 | she knowingly dispenses motor fuel into a storage container or | ||||||
14 | the fuel tank of a motor vehicle at an establishment in which | ||||||
15 | motor fuel is offered for retail sale and leaves the premises | ||||||
16 | of the establishment without making payment or the authorized | ||||||
17 | charge for the motor fuel with the intention of depriving the | ||||||
18 | establishment in which the motor fuel is offered for retail | ||||||
19 | sale of the possession, use, or benefit of that motor fuel | ||||||
20 | without paying the full retail value of the motor fuel.
| ||||||
21 | (Source: P.A. 94-700, eff. 6-1-06; revised 9-14-06.) | ||||||
22 | (720 ILCS 5/16K-25) | ||||||
23 | Sec. 16K-25
16J-25 . Civil liability. A person who commits | ||||||
24 | the offense of theft of motor fuel as described in Section |
| |||||||
| |||||||
1 | 16K-15
16J-15 is civilly liable to the retailer as prescribed | ||||||
2 | in Section 16A-7.
| ||||||
3 | (Source: P.A. 94-700, eff. 6-1-06; revised 9-14-06.) | ||||||
4 | (720 ILCS 5/16K-30) | ||||||
5 | Sec. 16K-30
16J-30 . Sentence. | ||||||
6 | (a) Theft of motor fuel, the full retail value of which | ||||||
7 | does not exceed $150, is a Class A misdemeanor. | ||||||
8 | (b) A person who has been convicted of theft of motor fuel, | ||||||
9 | the full retail value of which does not exceed $150, and who | ||||||
10 | has been previously convicted of any type of theft, robbery, | ||||||
11 | armed robbery, burglary, residential burglary, possession of | ||||||
12 | burglary tools or home invasion is guilty of a Class 4 felony. | ||||||
13 | When a person has any such prior conviction, the information or | ||||||
14 | indictment charging that person shall state such prior | ||||||
15 | conviction so as to give notice of the State's intention to | ||||||
16 | treat the charge as a felony. The fact of such prior conviction | ||||||
17 | is not an element of the offense and may not be disclosed to | ||||||
18 | the jury during trial unless otherwise permitted by issues | ||||||
19 | properly raised during such trial. | ||||||
20 | (c) Any theft of motor fuel, the full retail value of which | ||||||
21 | exceeds $150, is a Class 3 felony. When a charge of theft of | ||||||
22 | motor fuel, the full value of which exceeds $150, is brought, | ||||||
23 | the value of the motor fuel involved is an element of the | ||||||
24 | offense to be resolved by the trier of fact as either exceeding | ||||||
25 | or not exceeding $150.
|
| |||||||
| |||||||
1 | (Source: P.A. 94-700, eff. 6-1-06; revised 9-14-06.) | ||||||
2 | (720 ILCS 5/16K-35) | ||||||
3 | Sec. 16K-35
16J-35 . Continuation of prior law. The | ||||||
4 | provisions of this Article insofar as they are the same or | ||||||
5 | substantially the same as those of Article 16 of this Code | ||||||
6 | shall be construed as a continuation of that Article 16 and not | ||||||
7 | as a new enactment.
| ||||||
8 | (Source: P.A. 94-700, eff. 6-1-06; revised 9-14-06.) | ||||||
9 | (720 ILCS 5/16K-40)
| ||||||
10 | Sec. 16K-40
16J-40 . Severability. The provisions of this | ||||||
11 | Article are severable under Section 1.31 of the Statute on | ||||||
12 | Statutes.
| ||||||
13 | (Source: P.A. 94-700, eff. 6-1-06; revised 9-14-06.)
| ||||||
14 | (720 ILCS 5/17-2) (from Ch. 38, par. 17-2)
| ||||||
15 | Sec. 17-2. False personation; use of title; solicitation; | ||||||
16 | certain
entities.
| ||||||
17 | (a) A person commits a false personation when he or she | ||||||
18 | falsely represents
himself or herself to be a member or | ||||||
19 | representative of any
veterans' or public safety personnel | ||||||
20 | organization
or a representative of
any charitable | ||||||
21 | organization, or when any person exhibits or uses in any manner
| ||||||
22 | any decal, badge or insignia of any
charitable, public safety | ||||||
23 | personnel, or veterans' organization
when not authorized to
do |
| |||||||
| |||||||
1 | so by the
charitable, public safety personnel, or veterans' | ||||||
2 | organization.
"Public safety personnel organization" has the | ||||||
3 | meaning ascribed to that term
in Section 1 of the Solicitation | ||||||
4 | for Charity Act.
| ||||||
5 | (a-5) A person commits a false personation when he or she | ||||||
6 | falsely
represents himself or herself to be a veteran in | ||||||
7 | seeking employment or
public office.
In this subsection, | ||||||
8 | "veteran" means a person who has served in the
Armed Services | ||||||
9 | or Reserved Forces of the United States.
| ||||||
10 | (a-6) A person commits a false personation when he or she | ||||||
11 | falsely represents himself or herself to be a recipient of, or | ||||||
12 | wears on his or her person, any of the following medals if that | ||||||
13 | medal was not awarded to that person by the United States | ||||||
14 | government, irrespective of branch of service: the | ||||||
15 | Congressional Medal of Honor, the Distinguished Service Cross, | ||||||
16 | the Navy Cross, the Air Force Cross, the Silver Star, the | ||||||
17 | Bronze Star, or the Purple Heart.
| ||||||
18 | It is a defense to a prosecution under this subsection | ||||||
19 | (a-6) that the medal is used, or is intended to be used, | ||||||
20 | exclusively:
| ||||||
21 | (1) for a dramatic presentation, such as a theatrical, | ||||||
22 | film, or television production, or a historical | ||||||
23 | re-enactment; or
| ||||||
24 | (2) for a costume worn, or intended to be worn, by a | ||||||
25 | person under 18 years of age.
| ||||||
26 | (b) No person shall use the words "Chicago Police," |
| |||||||
| |||||||
1 | "Chicago Police
Department," "Chicago Patrolman," "Chicago
| ||||||
2 | Sergeant," "Chicago Lieutenant,"
"Chicago Peace Officer"
or
| ||||||
3 | any other words to the same effect in the title
of any | ||||||
4 | organization, magazine, or other publication without the | ||||||
5 | express
approval of the Chicago Police Board.
| ||||||
6 | (b-5) No person shall use the words "Cook County Sheriff's | ||||||
7 | Police" or
"Cook County Sheriff" or any other words to the same | ||||||
8 | effect in the title of any
organization, magazine, or other | ||||||
9 | publication without the express approval of
the office of the | ||||||
10 | Cook County Sheriff's Merit Board. The references to names
and | ||||||
11 | titles in
this
Section may not be construed as authorizing use | ||||||
12 | of the names and titles of
other organizations or public safety | ||||||
13 | personnel organizations otherwise
prohibited by this Section | ||||||
14 | or the Solicitation for Charity Act.
| ||||||
15 | (b-10) No person may use, in the title of any organization,
| ||||||
16 | magazine, or other publication, the words "officer", "peace
| ||||||
17 | officer", "police", "law enforcement", "trooper", "sheriff",
| ||||||
18 | "deputy", "deputy sheriff", or "state police" in combination | ||||||
19 | with the name of any state, state agency, public university, or | ||||||
20 | unit of local government without the express written | ||||||
21 | authorization of that state, state agency, or unit of local | ||||||
22 | government.
| ||||||
23 | (c) (Blank).
| ||||||
24 | (c-1) No person may claim or represent that he or she is | ||||||
25 | acting on behalf
of
any police
department, chief of a police | ||||||
26 | department, fire department, chief of a fire
department, |
| |||||||
| |||||||
1 | sheriff's
department, or sheriff when soliciting financial | ||||||
2 | contributions or selling or
delivering or offering
to sell or | ||||||
3 | deliver any merchandise, goods, services, memberships, or
| ||||||
4 | advertisements unless the
chief of the police department, fire | ||||||
5 | department, and the
corporate or municipal authority thereof,
| ||||||
6 | or the sheriff has first
entered into a written
agreement with | ||||||
7 | the person or with an organization with which the person is
| ||||||
8 | affiliated and the
agreement permits the activity.
| ||||||
9 | (c-2) No person, when soliciting financial contributions | ||||||
10 | or selling or
delivering or offering
to sell or deliver any | ||||||
11 | merchandise, goods, services, memberships, or
advertisements | ||||||
12 | may claim
or represent that he or she is representing or acting | ||||||
13 | on behalf of any
nongovernmental
organization by any name which | ||||||
14 | includes "officer", "peace officer", "police",
"law
| ||||||
15 | enforcement", "trooper", "sheriff", "deputy", "deputy | ||||||
16 | sheriff", "State police",
or any other word
or words which | ||||||
17 | would reasonably be understood to imply that the organization | ||||||
18 | is
composed of
law enforcement personnel unless the person is | ||||||
19 | actually representing or acting
on behalf of the
| ||||||
20 | nongovernmental organization, and the nongovernmental | ||||||
21 | organization is
controlled by and
governed by a membership of | ||||||
22 | and represents a group or association of active
duty peace | ||||||
23 | officers,
retired peace officers, or injured peace officers and | ||||||
24 | before commencing the
solicitation or the
sale or the offers to | ||||||
25 | sell any merchandise, goods, services, memberships, or
| ||||||
26 | advertisements, a
written contract between the soliciting or |
| |||||||
| |||||||
1 | selling person and the
nongovernmental
organization has been | ||||||
2 | entered into.
| ||||||
3 | (c-3) No person may solicit financial contributions or sell | ||||||
4 | or deliver or
offer to sell or
deliver any merchandise, goods, | ||||||
5 | services, memberships, or advertisements on
behalf of a police,
| ||||||
6 | sheriff, or other law enforcement department unless that person | ||||||
7 | is actually
representing or acting
on behalf of the department | ||||||
8 | or governmental organization and has entered into a
written | ||||||
9 | contract
with the police chief, or head of the law enforcement | ||||||
10 | department,
and the corporate or
municipal authority thereof, | ||||||
11 | or the sheriff, which specifies and states clearly
and fully | ||||||
12 | the purposes for which
the proceeds of the solicitation, | ||||||
13 | contribution, or sale will be used.
| ||||||
14 | (c-4) No person, when soliciting financial contributions | ||||||
15 | or selling or
delivering or
offering to sell or deliver any | ||||||
16 | merchandise, goods, services, memberships, or
advertisements,
| ||||||
17 | may claim or represent that he or she is representing or acting | ||||||
18 | on behalf of
any nongovernmental
organization by any name which | ||||||
19 | includes the term "fireman", "fire fighter",
"paramedic", or | ||||||
20 | any
other word or words which would reasonably be understood to | ||||||
21 | imply that the
organization is
composed of fire fighter or | ||||||
22 | paramedic personnel unless the person is actually
representing | ||||||
23 | or
acting on behalf of the nongovernmental organization, and | ||||||
24 | the nongovernmental
organization is
controlled by and governed | ||||||
25 | by a membership of and represents a group or
association of | ||||||
26 | active
duty, retired, or injured fire fighters (for the |
| |||||||
| |||||||
1 | purposes of this Section,
"fire fighter" has the
meaning | ||||||
2 | ascribed to that term in Section 2 of the Illinois Fire | ||||||
3 | Protection
Training Act)
or active duty, retired, or injured | ||||||
4 | emergency medical technicians - ambulance,
emergency
medical | ||||||
5 | technicians - intermediate, emergency medical technicians - | ||||||
6 | paramedic,
ambulance
drivers, or other medical assistance or | ||||||
7 | first aid personnel, and before
commencing the solicitation
or | ||||||
8 | the sale or delivery or the offers to sell or deliver any | ||||||
9 | merchandise,
goods, services,
memberships, or advertisements, | ||||||
10 | a written contract between the soliciting
or selling person
and | ||||||
11 | the nongovernmental organization has been entered into.
| ||||||
12 | (c-5) No person may solicit financial contributions or sell | ||||||
13 | or deliver or
offer to sell or
deliver any merchandise, goods, | ||||||
14 | services, memberships, or advertisements on
behalf of a
| ||||||
15 | department or departments of fire fighters unless that person | ||||||
16 | is actually
representing or acting on
behalf of the department | ||||||
17 | or departments and has entered into a written contract
with the
| ||||||
18 | department chief and corporate or municipal authority thereof | ||||||
19 | which specifies
and states clearly
and fully the purposes for | ||||||
20 | which the proceeds of the solicitation,
contribution, or sale | ||||||
21 | will be
used.
| ||||||
22 | (c-6) No person may claim or represent that he or she is an | ||||||
23 | airman, airline employee, airport employee, or contractor at an | ||||||
24 | airport in order to obtain the uniform, identification card, | ||||||
25 | license, or other identification paraphernalia of an airman, | ||||||
26 | airline employee, airport employee, or contractor at an |
| |||||||
| |||||||
1 | airport.
| ||||||
2 | (d) Sentence. False personation, unapproved use of a name | ||||||
3 | or title,
or solicitation in violation of subsection (a), (b), | ||||||
4 | (b-5), or (b-10)
of
this Section is a Class C misdemeanor. | ||||||
5 | False personation in violation of
subsections (a-5) and (c-6) | ||||||
6 | is a Class A misdemeanor.
False personation in violation of | ||||||
7 | subsection (a-6) of this Section is a petty offense for which | ||||||
8 | the offender shall be fined at least $100 and not exceeding | ||||||
9 | $200. Engaging in any activity in violation of subsection | ||||||
10 | (c-1), (c-2), (c-3),
(c-4), or (c-5) of this Section is a Class | ||||||
11 | 4 felony.
| ||||||
12 | (Source: P.A. 94-548, eff. 8-11-05; 94-755, eff. 1-1-07; | ||||||
13 | 94-984, eff. 6-30-06; revised 8-3-06.)
| ||||||
14 | (720 ILCS 5/21-3) (from Ch. 38, par. 21-3)
| ||||||
15 | Sec. 21-3. Criminal trespass to real property.
| ||||||
16 | (a) Except as provided in subsection (a-5), whoever:
| ||||||
17 | (1) knowingly and without lawful authority enters or | ||||||
18 | remains within or on
a building; or
| ||||||
19 | (2) enters upon the land of another, after receiving, | ||||||
20 | prior to such entry,
notice from the owner or occupant that | ||||||
21 | such entry is forbidden; or
| ||||||
22 | (3) remains upon the land of another, after receiving | ||||||
23 | notice from the
owner or occupant to depart;
or
| ||||||
24 | (3.5) presents false documents or falsely represents | ||||||
25 | his or her identity orally to the owner or occupant of a |
| |||||||
| |||||||
1 | building or land in order to obtain permission from the | ||||||
2 | owner or occupant to enter or remain in the building or on | ||||||
3 | the land; | ||||||
4 | commits a Class B misdemeanor. | ||||||
5 | For purposes of item (1) of this subsection, this Section | ||||||
6 | shall not apply
to being in a building which is open to the | ||||||
7 | public while the building is open
to the public during its | ||||||
8 | normal hours of operation; nor shall this Section
apply to a | ||||||
9 | person who enters a public building under the reasonable belief | ||||||
10 | that
the building is still open to the public.
| ||||||
11 | (a-5) Except as otherwise provided in this subsection, | ||||||
12 | whoever enters upon
any of
the following areas in or on a motor | ||||||
13 | vehicle (including an off-road vehicle,
motorcycle,
moped, or | ||||||
14 | any other powered two-wheel vehicle) after receiving, prior to | ||||||
15 | that
entry,
notice from the owner or occupant that the entry is | ||||||
16 | forbidden or remains upon
or in the
area after receiving notice | ||||||
17 | from the owner or occupant to depart commits a
Class A
| ||||||
18 | misdemeanor:
| ||||||
19 | (1) A field that is used for growing crops or that is | ||||||
20 | capable of being
used
for
growing crops.
| ||||||
21 | (2) An enclosed area containing livestock.
| ||||||
22 | (3) An orchard.
| ||||||
23 | (4) A barn or other agricultural building containing | ||||||
24 | livestock.
| ||||||
25 | (b) A person has received notice from the owner or occupant | ||||||
26 | within the
meaning of Subsection (a) if he has been notified |
| |||||||
| |||||||
1 | personally, either orally
or in writing including a valid court | ||||||
2 | order as defined by subsection (7)
of Section 112A-3 of the | ||||||
3 | Code of Criminal Procedure of 1963 granting remedy
(2) of | ||||||
4 | subsection (b) of Section 112A-14 of that Code, or if a printed | ||||||
5 | or
written notice forbidding such entry has been conspicuously | ||||||
6 | posted or
exhibited at the main entrance to such land or the | ||||||
7 | forbidden part thereof.
| ||||||
8 | (c) This Section does not apply to any person, whether a | ||||||
9 | migrant worker
or otherwise, living on the land with permission | ||||||
10 | of the owner or of his
agent having apparent authority to hire | ||||||
11 | workers on such land and assign
them living quarters or a place | ||||||
12 | of accommodations for living thereon, nor
to anyone living on | ||||||
13 | such land at the request of, or by occupancy, leasing
or other | ||||||
14 | agreement or arrangement with the owner or his agent, nor to
| ||||||
15 | anyone invited by such migrant worker or other person so living | ||||||
16 | on such
land to visit him at the place he is so living upon the | ||||||
17 | land.
| ||||||
18 | (d) A person shall be exempt from prosecution under this | ||||||
19 | Section if
he beautifies unoccupied and abandoned residential | ||||||
20 | and industrial properties
located within any municipality. For | ||||||
21 | the purpose of this subsection,
"unoccupied and abandoned | ||||||
22 | residential and industrial property" means any
real estate (1) | ||||||
23 | in which the taxes have not been paid for a period of at
least 2 | ||||||
24 | years; and (2) which has been left unoccupied and abandoned for | ||||||
25 | a
period of at least one year; and "beautifies" means to | ||||||
26 | landscape, clean up
litter, or to repair dilapidated conditions |
| |||||||
| |||||||
1 | on or to board up windows
and doors.
| ||||||
2 | (e) No person shall be liable in any civil action for money | ||||||
3 | damages
to the owner of unoccupied and abandoned residential | ||||||
4 | and industrial property
which that person beautifies pursuant | ||||||
5 | to subsection (d) of this Section.
| ||||||
6 | (f) This Section does not prohibit a person from entering a | ||||||
7 | building or
upon the land of another for emergency purposes. | ||||||
8 | For purposes of this
subsection (f), "emergency" means a | ||||||
9 | condition or circumstance in which an
individual is or is | ||||||
10 | reasonably believed by the person to be in imminent danger
of | ||||||
11 | serious bodily harm or in which property is or is reasonably | ||||||
12 | believed to be
in imminent danger of damage or destruction.
| ||||||
13 | (g) Paragraph (3.5) of subsection (a) does not apply to a | ||||||
14 | peace officer or other official of a unit of government who | ||||||
15 | enters a building or land in the performance of his or her | ||||||
16 | official duties.
| ||||||
17 | (h)
(g) A person may be liable in any civil action for | ||||||
18 | money damages to the owner of the land he or she entered upon | ||||||
19 | with a motor vehicle as prohibited under subsection (a-5)
| ||||||
20 | paragraph (4) of subsection (a) of this Section. A person may | ||||||
21 | also be liable to the owner for court costs and reasonable | ||||||
22 | attorney's fees. The measure of damages shall be: (i) the | ||||||
23 | actual damages, but not less than $250, if the vehicle is | ||||||
24 | operated in a nature preserve or registered area as defined in | ||||||
25 | Sections 3.11 and 3.14 of the Illinois Natural Areas | ||||||
26 | Preservation Act; (ii) twice the actual damages if the owner |
| |||||||
| |||||||
1 | has previously notified the person to cease trespassing; or | ||||||
2 | (iii) in any other case, the actual damages, but not less than | ||||||
3 | $50. If the person operating the vehicle is under the age of | ||||||
4 | 16, the owner of the vehicle and the parent or legal guardian | ||||||
5 | of the minor are jointly and severally liable. For the purposes | ||||||
6 | of this subsection (h)
(g) : | ||||||
7 | "Land" includes, but is not limited to, land used for | ||||||
8 | crop land, fallow land, orchard, pasture, feed lot, timber | ||||||
9 | land, prairie land, mine spoil nature preserves and | ||||||
10 | registered areas. "Land" does not include driveways or | ||||||
11 | private roadways upon which the owner allows the public to | ||||||
12 | drive.
| ||||||
13 | "Owner" means the person who has the right to | ||||||
14 | possession of the land, including the owner, operator or | ||||||
15 | tenant.
| ||||||
16 | "Vehicle" has the same meaning as provided under | ||||||
17 | Section 1-217 of the Illinois Vehicle Code.
| ||||||
18 | (Source: P.A. 94-263, eff. 1-1-06; 94-509, eff. 8-9-05; 94-512, | ||||||
19 | eff. 1-1-06; revised 8-19-05.)
| ||||||
20 | (720 ILCS 5/21-7) (from Ch. 38, par. 21-7)
| ||||||
21 | Sec. 21-7. Criminal trespass to restricted areas and | ||||||
22 | restricted landing areas at airports; aggravated criminal | ||||||
23 | trespass to restricted areas and restricted landing areas at | ||||||
24 | airports.
| ||||||
25 | (a) Whoever enters upon, or remains in, any restricted area
|
| |||||||
| |||||||
1 | or restricted landing area used in connection with an airport | ||||||
2 | facility,
or part thereof, in this State, after such person has | ||||||
3 | received notice from
the airport authority that such entry is | ||||||
4 | forbidden
commits a Class 4 felony. | ||||||
5 | (b) Whoever enters upon, or
remains in, any restricted area | ||||||
6 | or restricted landing area used in connection
with an airport | ||||||
7 | facility, or part thereof, in this State, while in possession
| ||||||
8 | of a weapon, replica of a weapon, or ammunition, after the | ||||||
9 | person has received
notice from the airport authority that the | ||||||
10 | entry is forbidden commits a Class 3
felony. | ||||||
11 | (c) Notice that the area is "restricted" and
entry thereto | ||||||
12 | "forbidden", for purposes of this Section, means that the
| ||||||
13 | person or persons have been notified personally, either orally | ||||||
14 | or in writing,
or by a printed or written notice forbidding | ||||||
15 | such entry to him or a group
or an organization of which he is a | ||||||
16 | member, which has been conspicuously posted
or exhibited at | ||||||
17 | every usable entrance to such area or the forbidden part | ||||||
18 | thereof.
| ||||||
19 | (d)
(b) Whoever enters upon, or remains in, any restricted | ||||||
20 | area
or restricted landing area used in connection with an | ||||||
21 | airport facility,
or part thereof, in this State by presenting | ||||||
22 | false documents or falsely representing his or her identity | ||||||
23 | orally to the airport authority commits a Class A misdemeanor.
| ||||||
24 | (e)
(b) Whoever enters upon, or remains in, any restricted | ||||||
25 | area or restricted landing area as prohibited in subsection (a) | ||||||
26 | of this Section, while dressed in the uniform of, improperly |
| |||||||
| |||||||
1 | wearing the identification of, presenting false credentials | ||||||
2 | of, or otherwise physically impersonating an airman, employee | ||||||
3 | of an airline, employee of an airport, or contractor at an | ||||||
4 | airport commits a Class 4 felony.
| ||||||
5 | (f)
(c) The terms "Restricted area" or "Restricted landing | ||||||
6 | area" in this Section
are defined to incorporate the meaning | ||||||
7 | ascribed to those terms in Section
8 of the "Illinois | ||||||
8 | Aeronautics Act", approved July 24, 1945, as amended,
and also | ||||||
9 | include any other area of the airport that has been designated
| ||||||
10 | such by the airport authority.
| ||||||
11 | The terms "airman" and "airport" in this Section are | ||||||
12 | defined to incorporate the meaning ascribed to those terms in | ||||||
13 | Sections 6 and 12 of the Illinois Aeronautics Act.
| ||||||
14 | (g)
(d) Subsection (d)
(b) does not apply to a peace | ||||||
15 | officer or other official of a unit of government who enters a | ||||||
16 | restricted area or a restricted landing area used in connection | ||||||
17 | with an airport facility,
or part thereof, in the performance | ||||||
18 | of his or her official duties. | ||||||
19 | (Source: P.A. 94-263, eff. 1-1-06; 94-547, eff. 1-1-06; 94-548, | ||||||
20 | eff. 8-11-05; revised 10-5-05.)
| ||||||
21 | (720 ILCS 5/24-1) (from Ch. 38, par. 24-1)
| ||||||
22 | Sec. 24-1. Unlawful Use of Weapons.
| ||||||
23 | (a) A person commits the offense of unlawful use of weapons | ||||||
24 | when
he knowingly:
| ||||||
25 | (1) Sells, manufactures, purchases, possesses or |
| |||||||
| |||||||
1 | carries any bludgeon,
black-jack, slung-shot, sand-club, | ||||||
2 | sand-bag, metal knuckles, throwing star,
or any knife, | ||||||
3 | commonly referred to as a switchblade knife, which has a
| ||||||
4 | blade that opens automatically by hand pressure applied to | ||||||
5 | a button,
spring or other device in the handle of the | ||||||
6 | knife, or a ballistic knife,
which is a device that propels | ||||||
7 | a knifelike blade as a projectile by means
of a coil | ||||||
8 | spring, elastic material or compressed gas; or
| ||||||
9 | (2) Carries or possesses with intent to use the same | ||||||
10 | unlawfully
against another, a dagger, dirk, billy, | ||||||
11 | dangerous knife, razor,
stiletto, broken bottle or other | ||||||
12 | piece of glass, stun gun or taser or
any other dangerous or | ||||||
13 | deadly weapon or instrument of like character; or
| ||||||
14 | (3) Carries on or about his person or in any vehicle, a | ||||||
15 | tear gas gun
projector or bomb or any object containing | ||||||
16 | noxious liquid gas or
substance, other than an object | ||||||
17 | containing a non-lethal noxious liquid gas
or substance | ||||||
18 | designed solely for personal defense carried by a person 18
| ||||||
19 | years of age or older; or
| ||||||
20 | (4) Carries or possesses in any vehicle or concealed on | ||||||
21 | or about his
person except when on his land or in his own | ||||||
22 | abode or fixed place of
business any pistol, revolver, stun | ||||||
23 | gun or taser or other firearm, except
that
this subsection | ||||||
24 | (a) (4) does not apply to or affect transportation of | ||||||
25 | weapons
that meet one of the following conditions:
| ||||||
26 | (i) are broken down in a non-functioning state; or
|
| |||||||
| |||||||
1 | (ii) are not immediately accessible; or
| ||||||
2 | (iii) are unloaded and enclosed in a case, firearm | ||||||
3 | carrying box,
shipping box, or other container by a | ||||||
4 | person who has been issued a currently
valid Firearm | ||||||
5 | Owner's
Identification Card; or
| ||||||
6 | (5) Sets a spring gun; or
| ||||||
7 | (6) Possesses any device or attachment of any kind | ||||||
8 | designed, used or
intended for use in silencing the report | ||||||
9 | of any firearm; or
| ||||||
10 | (7) Sells, manufactures, purchases, possesses or | ||||||
11 | carries:
| ||||||
12 | (i) a machine gun, which shall be defined for the | ||||||
13 | purposes of this
subsection as any weapon,
which | ||||||
14 | shoots, is designed to shoot, or can be readily | ||||||
15 | restored to shoot,
automatically more than one shot | ||||||
16 | without manually reloading by a single
function of the | ||||||
17 | trigger, including the frame or receiver
of any such | ||||||
18 | weapon, or sells, manufactures, purchases, possesses, | ||||||
19 | or
carries any combination of parts designed or | ||||||
20 | intended for
use in converting any weapon into a | ||||||
21 | machine gun, or any combination or
parts from which a | ||||||
22 | machine gun can be assembled if such parts are in the
| ||||||
23 | possession or under the control of a person;
| ||||||
24 | (ii) any rifle having one or
more barrels less than | ||||||
25 | 16 inches in length or a shotgun having one or more
| ||||||
26 | barrels less than 18 inches in length or any weapon |
| |||||||
| |||||||
1 | made from a rifle or
shotgun, whether by alteration, | ||||||
2 | modification, or otherwise, if such a weapon
as | ||||||
3 | modified has an overall length of less than 26 inches; | ||||||
4 | or
| ||||||
5 | (iii) any
bomb, bomb-shell, grenade, bottle or | ||||||
6 | other container containing an
explosive substance of | ||||||
7 | over one-quarter ounce for like purposes, such
as, but | ||||||
8 | not limited to, black powder bombs and Molotov | ||||||
9 | cocktails or
artillery projectiles; or
| ||||||
10 | (8) Carries or possesses any firearm, stun gun or taser | ||||||
11 | or other
deadly weapon in any place which is licensed to | ||||||
12 | sell intoxicating
beverages, or at any public gathering | ||||||
13 | held pursuant to a license issued
by any governmental body | ||||||
14 | or any public gathering at which an admission
is charged, | ||||||
15 | excluding a place where a showing, demonstration or lecture
| ||||||
16 | involving the exhibition of unloaded firearms is | ||||||
17 | conducted.
| ||||||
18 | This subsection (a)(8) does not apply to any auction or | ||||||
19 | raffle of a firearm
held pursuant to
a license or permit | ||||||
20 | issued by a governmental body, nor does it apply to persons
| ||||||
21 | engaged
in firearm safety training courses; or
| ||||||
22 | (9) Carries or possesses in a vehicle or on or about | ||||||
23 | his person any
pistol, revolver, stun gun or taser or | ||||||
24 | firearm or ballistic knife, when
he is hooded, robed or | ||||||
25 | masked in such manner as to conceal his identity; or
| ||||||
26 | (10) Carries or possesses on or about his person, upon |
| |||||||
| |||||||
1 | any public street,
alley, or other public lands within the | ||||||
2 | corporate limits of a city, village
or incorporated town, | ||||||
3 | except when an invitee thereon or therein, for the
purpose | ||||||
4 | of the display of such weapon or the lawful commerce in | ||||||
5 | weapons, or
except when on his land or in his own abode or | ||||||
6 | fixed place of business, any
pistol, revolver, stun gun or | ||||||
7 | taser or other firearm, except that this
subsection (a) | ||||||
8 | (10) does not apply to or affect transportation of weapons | ||||||
9 | that
meet one of the following conditions:
| ||||||
10 | (i) are broken down in a non-functioning state; or
| ||||||
11 | (ii) are not immediately accessible; or
| ||||||
12 | (iii) are unloaded and enclosed in a case, firearm | ||||||
13 | carrying box,
shipping box, or other container by a | ||||||
14 | person who has been issued a currently
valid Firearm | ||||||
15 | Owner's
Identification Card.
| ||||||
16 | A "stun gun or taser", as used in this paragraph (a) | ||||||
17 | means (i) any device
which is powered by electrical | ||||||
18 | charging units, such as, batteries, and
which fires one or | ||||||
19 | several barbs attached to a length of wire and
which, upon | ||||||
20 | hitting a human, can send out a current capable of | ||||||
21 | disrupting
the person's nervous system in such a manner as | ||||||
22 | to render him incapable of
normal functioning or (ii) any | ||||||
23 | device which is powered by electrical
charging units, such | ||||||
24 | as batteries, and which, upon contact with a human or
| ||||||
25 | clothing worn by a human, can send out current capable of | ||||||
26 | disrupting
the person's nervous system in such a manner as |
| |||||||
| |||||||
1 | to render him incapable
of normal functioning; or
| ||||||
2 | (11) Sells, manufactures or purchases any explosive | ||||||
3 | bullet. For purposes
of this paragraph (a) "explosive | ||||||
4 | bullet" means the projectile portion of
an ammunition | ||||||
5 | cartridge which contains or carries an explosive charge | ||||||
6 | which
will explode upon contact with the flesh of a human | ||||||
7 | or an animal.
"Cartridge" means a tubular metal case having | ||||||
8 | a projectile affixed at the
front thereof and a cap or | ||||||
9 | primer at the rear end thereof, with the
propellant | ||||||
10 | contained in such tube between the projectile and the cap; | ||||||
11 | or
| ||||||
12 | (12) (Blank).
| ||||||
13 | (b) Sentence. A person convicted of a violation of | ||||||
14 | subsection 24-1(a)(1)
through (5), subsection 24-1(a)(10),
or | ||||||
15 | subsection 24-1(a)(11) commits a Class A
misdemeanor.
A person | ||||||
16 | convicted of a violation of subsection
24-1(a)(8) or 24-1(a)(9) | ||||||
17 | commits a
Class 4 felony; a person
convicted of a violation of | ||||||
18 | subsection 24-1(a)(6) or 24-1(a)(7)(ii) or (iii)
commits a | ||||||
19 | Class 3 felony. A person convicted of a violation of subsection
| ||||||
20 | 24-1(a)(7)(i) commits a Class 2 felony and shall be sentenced | ||||||
21 | to a term of imprisonment of not less than 3 years and not more | ||||||
22 | than 7 years, unless the weapon is possessed in the
passenger | ||||||
23 | compartment of a motor vehicle as defined in Section 1-146 of | ||||||
24 | the
Illinois Vehicle Code, or on the person, while the weapon | ||||||
25 | is loaded, in which
case it shall be a Class X felony. A person | ||||||
26 | convicted of a
second or subsequent violation of subsection |
| |||||||
| |||||||
1 | 24-1(a)(4), 24-1(a)(8),
24-1(a)(9), or
24-1(a)(10) commits a | ||||||
2 | Class 3 felony. The possession of each weapon in violation of | ||||||
3 | this Section constitutes a single and separate violation.
| ||||||
4 | (c) Violations in specific places.
| ||||||
5 | (1) A person who violates subsection 24-1(a)(6) or | ||||||
6 | 24-1(a)(7) in any
school, regardless of the time of day or | ||||||
7 | the time of year, in residential
property owned, operated | ||||||
8 | or managed by a public housing agency or
leased by
a public | ||||||
9 | housing agency as part of a scattered site or mixed-income
| ||||||
10 | development, in a
public park, in a courthouse, on the real | ||||||
11 | property comprising any school,
regardless of the
time of | ||||||
12 | day or the time of year, on residential property owned, | ||||||
13 | operated
or
managed by a public housing agency
or leased by | ||||||
14 | a public housing agency as part of a scattered site or
| ||||||
15 | mixed-income development,
on the real property comprising | ||||||
16 | any
public park, on the real property comprising any | ||||||
17 | courthouse, in any conveyance
owned, leased or contracted | ||||||
18 | by a school to
transport students to or from school or a | ||||||
19 | school related activity, or on any
public way within 1,000 | ||||||
20 | feet of the real property comprising any school,
public | ||||||
21 | park, courthouse, or residential property owned, operated, | ||||||
22 | or managed
by a public housing agency
or leased by a public | ||||||
23 | housing agency as part of a scattered site or
mixed-income | ||||||
24 | development
commits a Class 2 felony and shall be sentenced | ||||||
25 | to a term of imprisonment of not less than 3 years and not | ||||||
26 | more than 7 years.
|
| |||||||
| |||||||
1 | (1.5) A person who violates subsection 24-1(a)(4), | ||||||
2 | 24-1(a)(9), or
24-1(a)(10) in any school, regardless of the | ||||||
3 | time of day or the time of year,
in residential property | ||||||
4 | owned, operated, or managed by a public
housing
agency
or | ||||||
5 | leased by a public housing agency as part of a scattered | ||||||
6 | site or
mixed-income development,
in
a public
park, in a | ||||||
7 | courthouse, on the real property comprising any school, | ||||||
8 | regardless
of the time of day or the time of year, on | ||||||
9 | residential property owned,
operated, or managed by a | ||||||
10 | public housing agency
or leased by a public housing agency | ||||||
11 | as part of a scattered site or
mixed-income development,
on | ||||||
12 | the real property
comprising any public park, on the real | ||||||
13 | property comprising any courthouse, in
any conveyance | ||||||
14 | owned, leased, or contracted by a school to transport | ||||||
15 | students
to or from school or a school related activity, or | ||||||
16 | on any public way within
1,000 feet of the real property | ||||||
17 | comprising any school, public park, courthouse,
or | ||||||
18 | residential property owned, operated, or managed by a | ||||||
19 | public
housing agency
or leased by a public housing agency | ||||||
20 | as part of a scattered site or
mixed-income development
| ||||||
21 | commits a Class 3 felony.
| ||||||
22 | (2) A person who violates subsection 24-1(a)(1), | ||||||
23 | 24-1(a)(2), or
24-1(a)(3)
in any school, regardless of the | ||||||
24 | time of day or the time of year, in
residential property | ||||||
25 | owned, operated or managed by a public housing
agency
or | ||||||
26 | leased by a public housing agency as part of a scattered |
| |||||||
| |||||||
1 | site or
mixed-income development,
in
a public park, in a | ||||||
2 | courthouse, on the real property comprising any school,
| ||||||
3 | regardless of the time of day or the time of year, on | ||||||
4 | residential property
owned, operated or managed by a public | ||||||
5 | housing agency
or leased by a public housing agency as part | ||||||
6 | of a scattered site or
mixed-income development,
on the | ||||||
7 | real property
comprising any public park, on the real | ||||||
8 | property comprising any courthouse, in
any conveyance | ||||||
9 | owned, leased or contracted by a school to transport | ||||||
10 | students
to or from school or a school related activity, or | ||||||
11 | on any public way within
1,000 feet of the real property | ||||||
12 | comprising any school, public park, courthouse,
or | ||||||
13 | residential property owned, operated, or managed by a | ||||||
14 | public
housing agency or leased by a public housing agency | ||||||
15 | as part of a scattered
site or mixed-income development | ||||||
16 | commits a Class 4 felony. "Courthouse"
means any building | ||||||
17 | that is used by the Circuit, Appellate, or Supreme Court of
| ||||||
18 | this State for the conduct of official business.
| ||||||
19 | (3) Paragraphs (1), (1.5), and (2) of this subsection | ||||||
20 | (c) shall not
apply to law
enforcement officers or security | ||||||
21 | officers of such school, college, or
university or to | ||||||
22 | students carrying or possessing firearms for use in | ||||||
23 | training
courses, parades, hunting, target shooting on | ||||||
24 | school ranges, or otherwise with
the consent of school | ||||||
25 | authorities and which firearms are transported unloaded
| ||||||
26 | enclosed in a suitable case, box, or transportation |
| |||||||
| |||||||
1 | package.
| ||||||
2 | (4) For the purposes of this subsection (c), "school" | ||||||
3 | means any public or
private elementary or secondary school, | ||||||
4 | community college, college, or
university.
| ||||||
5 | (d) The presence in an automobile other than a public | ||||||
6 | omnibus of any
weapon, instrument or substance referred to in | ||||||
7 | subsection (a)(7) is
prima facie evidence that it is in the | ||||||
8 | possession of, and is being
carried by, all persons occupying | ||||||
9 | such automobile at the time such
weapon, instrument or | ||||||
10 | substance is found, except under the following
circumstances: | ||||||
11 | (i) if such weapon, instrument or instrumentality is
found upon | ||||||
12 | the person of one of the occupants therein; or (ii) if such
| ||||||
13 | weapon, instrument or substance is found in an automobile | ||||||
14 | operated for
hire by a duly licensed driver in the due, lawful | ||||||
15 | and proper pursuit of
his trade, then such presumption shall | ||||||
16 | not apply to the driver.
| ||||||
17 | (e) Exemptions. Crossbows, Common or Compound bows and | ||||||
18 | Underwater
Spearguns are exempted from the definition of | ||||||
19 | ballistic knife as defined in
paragraph (1) of subsection (a) | ||||||
20 | of this Section.
| ||||||
21 | (Source: P.A. 94-72, eff. 1-1-06; 94-284, eff. 7-21-05; revised | ||||||
22 | 8-19-05.)
| ||||||
23 | (720 ILCS 5/24-1.1) (from Ch. 38, par. 24-1.1)
| ||||||
24 | Sec. 24-1.1. Unlawful Use or Possession of Weapons by | ||||||
25 | Felons or
Persons in the Custody of the
Department of |
| |||||||
| |||||||
1 | Corrections Facilities. | ||||||
2 | (a) It is unlawful
for a person to knowingly possess on or | ||||||
3 | about his person or on his land or
in his own abode or fixed | ||||||
4 | place of business any weapon prohibited under
Section 24-1 of | ||||||
5 | this Act or any firearm or any firearm ammunition if the
person | ||||||
6 | has been convicted of a felony under the laws of this State or | ||||||
7 | any
other jurisdiction. This Section shall not apply if the | ||||||
8 | person has been
granted relief by the Director of the | ||||||
9 | Department of State Police
under Section 10 of the Firearm | ||||||
10 | Owners Identification
Card Act.
| ||||||
11 | (b) It is unlawful for any person confined in a penal | ||||||
12 | institution,
which is a facility of the Illinois Department of | ||||||
13 | Corrections, to possess
any weapon prohibited under Section | ||||||
14 | 24-1 of this Code or any firearm or
firearm ammunition, | ||||||
15 | regardless of the intent with which he possesses it.
| ||||||
16 | (c) It shall be an affirmative defense to a violation of | ||||||
17 | subsection (b), that such possession was specifically | ||||||
18 | authorized by rule,
regulation, or directive of the Illinois | ||||||
19 | Department of Corrections or order
issued pursuant thereto.
| ||||||
20 | (d) The defense of necessity is not available to a person | ||||||
21 | who is charged
with a violation of subsection (b) of this | ||||||
22 | Section.
| ||||||
23 | (e) Sentence. Violation of this Section by a person not | ||||||
24 | confined
in a penal institution shall be a Class 3 felony
for | ||||||
25 | which the person, if sentenced
to a term of imprisonment, shall | ||||||
26 | be sentenced to no less than 2 years and no
more than 10 years |
| |||||||
| |||||||
1 | and any second or subsequent violation shall be a Class 2 | ||||||
2 | felony for which the person shall be sentenced to a term of | ||||||
3 | imprisonment of not less than 3 years and not more than 14 | ||||||
4 | years. Violation of this Section by a person not confined in a
| ||||||
5 | penal institution who has been convicted of a forcible felony, | ||||||
6 | a felony
violation of Article 24 of this Code or of the Firearm | ||||||
7 | Owners Identification
Card Act, stalking or aggravated | ||||||
8 | stalking, or a Class 2 or greater felony
under the Illinois | ||||||
9 | Controlled Substances Act, the Cannabis Control Act, or the | ||||||
10 | Methamphetamine Control and Community Protection Act is a
Class | ||||||
11 | 2 felony for which the person
shall be sentenced to not less | ||||||
12 | than 3 years and not more than 14 years.
Violation of this | ||||||
13 | Section by a person who is on parole or mandatory supervised
| ||||||
14 | release is a Class 2 felony for which the person, if sentenced | ||||||
15 | to a term of
imprisonment, shall be sentenced to not less than | ||||||
16 | 3 years and not more than 14
years. Violation of this Section | ||||||
17 | by a person not confined in a penal
institution is a Class X | ||||||
18 | felony when the firearm possessed is a machine gun.
Any person | ||||||
19 | who violates this Section while confined in a penal
| ||||||
20 | institution, which is a facility of the Illinois Department of
| ||||||
21 | Corrections, is guilty of a Class 1
felony, if he possesses any | ||||||
22 | weapon prohibited under Section 24-1 of this
Code regardless of | ||||||
23 | the intent with which he possesses it, a Class X
felony if he | ||||||
24 | possesses any firearm, firearm ammunition or explosive, and a
| ||||||
25 | Class X felony for which the offender shall be sentenced to not | ||||||
26 | less than 12
years and not more than 50 years when the firearm |
| |||||||
| |||||||
1 | possessed is a machine
gun. A violation of this Section while | ||||||
2 | wearing or in possession of body armor as defined in Section | ||||||
3 | 33F-1 is a Class X felony punishable by a term of imprisonment | ||||||
4 | of not less than 10 years and not more than 40 years.
The | ||||||
5 | possession of each firearm or firearm ammunition in violation | ||||||
6 | of this Section constitutes a single and separate violation.
| ||||||
7 | (Source: P.A. 93-906, eff. 8-11-04; 94-72, eff. 1-1-06; 94-284, | ||||||
8 | eff. 7-21-05; 94-556, eff. 9-11-05; revised 8-19-05.)
| ||||||
9 | (720 ILCS 5/24-1.6)
| ||||||
10 | Sec. 24-1.6. Aggravated unlawful use of a weapon.
| ||||||
11 | (a) A person commits the offense of aggravated unlawful use | ||||||
12 | of a weapon when
he or she knowingly:
| ||||||
13 | (1) Carries on or about his or her person or in any | ||||||
14 | vehicle or concealed
on or about his or her person except | ||||||
15 | when on his or her land or in his or her
abode or fixed | ||||||
16 | place of business any pistol, revolver, stun gun or taser | ||||||
17 | or
other firearm; or
| ||||||
18 | (2) Carries or possesses on or about his or her person, | ||||||
19 | upon any public
street, alley, or other public lands within | ||||||
20 | the corporate limits of a city,
village or incorporated | ||||||
21 | town, except when an invitee thereon or therein, for
the | ||||||
22 | purpose of the display of such weapon or the lawful | ||||||
23 | commerce in weapons, or
except when on his or her own land | ||||||
24 | or in his or her own abode or fixed place of
business, any | ||||||
25 | pistol, revolver, stun gun or taser or other firearm; and
|
| |||||||
| |||||||
1 | (3) One of the following factors is present:
| ||||||
2 | (A) the firearm possessed was uncased, loaded and | ||||||
3 | immediately accessible
at the time of the offense; or
| ||||||
4 | (B) the firearm possessed was uncased, unloaded | ||||||
5 | and the ammunition for
the weapon was immediately | ||||||
6 | accessible at the time of the offense; or
| ||||||
7 | (C) the person possessing the firearm has not been | ||||||
8 | issued a currently
valid Firearm Owner's | ||||||
9 | Identification Card; or
| ||||||
10 | (D) the person possessing the weapon was | ||||||
11 | previously adjudicated
a delinquent minor under the | ||||||
12 | Juvenile Court Act of 1987 for an act that if
committed | ||||||
13 | by an adult would be a felony; or
| ||||||
14 | (E) the person possessing the weapon was engaged in | ||||||
15 | a misdemeanor
violation of the Cannabis
Control Act, in | ||||||
16 | a misdemeanor violation of the Illinois Controlled | ||||||
17 | Substances
Act, or in a misdemeanor violation of the | ||||||
18 | Methamphetamine Control and Community Protection Act; | ||||||
19 | or
| ||||||
20 | (F) the person possessing the weapon is a member of | ||||||
21 | a
street gang or is engaged in street gang related | ||||||
22 | activity, as defined in
Section 10 of the Illinois | ||||||
23 | Streetgang Terrorism Omnibus Prevention Act; or
| ||||||
24 | (G) the person possessing the weapon had a order of | ||||||
25 | protection issued
against him or her within the | ||||||
26 | previous 2 years; or
|
| |||||||
| |||||||
1 | (H) the person possessing the weapon was engaged in | ||||||
2 | the commission or
attempted commission of
a | ||||||
3 | misdemeanor involving the use or threat of violence | ||||||
4 | against
the person or property of another; or
| ||||||
5 | (I) the person possessing the weapon was under 21 | ||||||
6 | years of age and in
possession of a handgun as defined | ||||||
7 | in Section 24-3, unless the person under 21
is engaged | ||||||
8 | in lawful activities under the Wildlife Code or | ||||||
9 | described in
subsection 24-2(b)(1), (b)(3), or | ||||||
10 | 24-2(f).
| ||||||
11 | (b) "Stun gun or taser" as used in this Section has the | ||||||
12 | same definition
given to it in Section 24-1 of this Code.
| ||||||
13 | (c) This Section does not apply to or affect the | ||||||
14 | transportation or
possession
of weapons that:
| ||||||
15 | (i) are broken down in a non-functioning state; or
| ||||||
16 | (ii) are not immediately accessible; or
| ||||||
17 | (iii) are unloaded and enclosed in a case, firearm | ||||||
18 | carrying box,
shipping box, or other container by a | ||||||
19 | person who has been issued a currently
valid Firearm | ||||||
20 | Owner's
Identification Card.
| ||||||
21 | (d) Sentence. Aggravated unlawful use of a weapon is a | ||||||
22 | Class 4 felony;
a second or subsequent offense is a Class 2 | ||||||
23 | felony for which the person shall be sentenced to a term of | ||||||
24 | imprisonment of not less than 3 years and not more than 7 | ||||||
25 | years. Aggravated unlawful use of
a weapon by a person who has | ||||||
26 | been previously
convicted of a felony in this State or another |
| |||||||
| |||||||
1 | jurisdiction is a Class 2
felony for which the person shall be | ||||||
2 | sentenced to a term of imprisonment of not less than 3 years | ||||||
3 | and not more than 7 years. Aggravated unlawful use of a weapon | ||||||
4 | while wearing or in possession of body armor as defined in | ||||||
5 | Section 33F-1 by a person who has not been issued a valid | ||||||
6 | Firearms Owner's Identification Card in accordance with | ||||||
7 | Section 5 of the Firearm Owners Identification Card Act is a | ||||||
8 | Class X felony.
The possession of each firearm in violation of | ||||||
9 | this Section constitutes a single and separate violation.
| ||||||
10 | (Source: P.A. 93-906, eff. 8-11-04; 94-72, eff. 1-1-06; 94-284, | ||||||
11 | eff. 7-21-05; 94-556, eff. 9-11-05; revised 8-19-05.)
| ||||||
12 | (720 ILCS 5/24-2) (from Ch. 38, par. 24-2)
| ||||||
13 | Sec. 24-2. Exemptions.
| ||||||
14 | (a) Subsections 24-1(a)(3), 24-1(a)(4) and 24-1(a)(10) and | ||||||
15 | Section
24-1.6 do not apply to
or affect any of the following:
| ||||||
16 | (1) Peace officers, and any person summoned by a peace | ||||||
17 | officer to
assist in making arrests or preserving the | ||||||
18 | peace, while actually engaged in
assisting such officer.
| ||||||
19 | (2) Wardens, superintendents and keepers of prisons,
| ||||||
20 | penitentiaries, jails and other institutions for the | ||||||
21 | detention of persons
accused or convicted of an offense, | ||||||
22 | while in the performance of their
official duty, or while | ||||||
23 | commuting between their homes and places of employment.
| ||||||
24 | (3) Members of the Armed Services or Reserve Forces of | ||||||
25 | the United States
or the Illinois National Guard or the |
| |||||||
| |||||||
1 | Reserve Officers Training Corps,
while in the performance | ||||||
2 | of their official duty.
| ||||||
3 | (4) Special agents employed by a railroad or a public | ||||||
4 | utility to
perform police functions, and guards of armored | ||||||
5 | car companies, while
actually engaged in the performance of | ||||||
6 | the duties of their employment or
commuting between their | ||||||
7 | homes and places of employment; and watchmen
while actually | ||||||
8 | engaged in the performance of the duties of their | ||||||
9 | employment.
| ||||||
10 | (5) Persons licensed as private security contractors, | ||||||
11 | private
detectives, or private alarm contractors, or | ||||||
12 | employed by an agency
certified by the Department of | ||||||
13 | Professional Regulation, if their duties
include the | ||||||
14 | carrying of a weapon under the provisions of the Private
| ||||||
15 | Detective, Private Alarm,
Private Security, and Locksmith | ||||||
16 | Act of 2004,
while actually
engaged in the performance of | ||||||
17 | the duties of their employment or commuting
between their | ||||||
18 | homes and places of employment, provided that such | ||||||
19 | commuting
is accomplished within one hour from departure | ||||||
20 | from home or place of
employment, as the case may be. | ||||||
21 | Persons exempted under this subdivision
(a)(5) shall be | ||||||
22 | required to have completed a course of
study in firearms | ||||||
23 | handling and training approved and supervised by the
| ||||||
24 | Department of Professional Regulation as prescribed by | ||||||
25 | Section 28 of the
Private Detective, Private Alarm,
Private | ||||||
26 | Security, and Locksmith Act of 2004, prior
to becoming |
| |||||||
| |||||||
1 | eligible for this exemption. The Department of | ||||||
2 | Professional
Regulation shall provide suitable | ||||||
3 | documentation demonstrating the
successful completion of | ||||||
4 | the prescribed firearms training. Such
documentation shall | ||||||
5 | be carried at all times when such persons are in
possession | ||||||
6 | of a concealable weapon.
| ||||||
7 | (6) Any person regularly employed in a commercial or | ||||||
8 | industrial
operation as a security guard for the protection | ||||||
9 | of persons employed
and private property related to such | ||||||
10 | commercial or industrial
operation, while actually engaged | ||||||
11 | in the performance of his or her
duty or traveling between | ||||||
12 | sites or properties belonging to the
employer, and who, as | ||||||
13 | a security guard, is a member of a security force of
at | ||||||
14 | least 5 persons registered with the Department of | ||||||
15 | Professional
Regulation; provided that such security guard | ||||||
16 | has successfully completed a
course of study, approved by | ||||||
17 | and supervised by the Department of
Professional | ||||||
18 | Regulation, consisting of not less than 40 hours of | ||||||
19 | training
that includes the theory of law enforcement, | ||||||
20 | liability for acts, and the
handling of weapons. A person | ||||||
21 | shall be considered eligible for this
exemption if he or | ||||||
22 | she has completed the required 20
hours of training for a | ||||||
23 | security officer and 20 hours of required firearm
training, | ||||||
24 | and has been issued a firearm authorization card by
the | ||||||
25 | Department of Professional Regulation. Conditions for the | ||||||
26 | renewal of
firearm authorization cards issued under the |
| |||||||
| |||||||
1 | provisions of this Section
shall be the same as for those | ||||||
2 | cards issued under the provisions of the
Private Detective, | ||||||
3 | Private Alarm,
Private Security, and Locksmith Act of 2004. | ||||||
4 | Such
firearm authorization card shall be carried by the | ||||||
5 | security guard at all
times when he or she is in possession | ||||||
6 | of a concealable weapon.
| ||||||
7 | (7) Agents and investigators of the Illinois | ||||||
8 | Legislative Investigating
Commission authorized by the | ||||||
9 | Commission to carry the weapons specified in
subsections | ||||||
10 | 24-1(a)(3) and 24-1(a)(4), while on duty in the course of
| ||||||
11 | any investigation for the Commission.
| ||||||
12 | (8) Persons employed by a financial institution for the | ||||||
13 | protection of
other employees and property related to such | ||||||
14 | financial institution, while
actually engaged in the | ||||||
15 | performance of their duties, commuting between
their homes | ||||||
16 | and places of employment, or traveling between sites or
| ||||||
17 | properties owned or operated by such financial | ||||||
18 | institution, provided that
any person so employed has | ||||||
19 | successfully completed a course of study,
approved by and | ||||||
20 | supervised by the Department of Professional Regulation,
| ||||||
21 | consisting of not less than 40 hours of training which | ||||||
22 | includes theory of
law enforcement, liability for acts, and | ||||||
23 | the handling of weapons.
A person shall be considered to be | ||||||
24 | eligible for this exemption if he or
she has completed the | ||||||
25 | required 20 hours of training for a security officer
and 20 | ||||||
26 | hours of required firearm training, and has been issued a
|
| |||||||
| |||||||
1 | firearm authorization card by the Department of | ||||||
2 | Professional Regulation.
Conditions for renewal of firearm | ||||||
3 | authorization cards issued under the
provisions of this | ||||||
4 | Section shall be the same as for those issued under the
| ||||||
5 | provisions of the Private Detective, Private Alarm,
| ||||||
6 | Private Security, and Locksmith Act of 2004.
Such firearm | ||||||
7 | authorization card shall be carried by the person so
| ||||||
8 | trained at all times when such person is in possession of a | ||||||
9 | concealable
weapon. For purposes of this subsection, | ||||||
10 | "financial institution" means a
bank, savings and loan | ||||||
11 | association, credit union or company providing
armored car | ||||||
12 | services.
| ||||||
13 | (9) Any person employed by an armored car company to | ||||||
14 | drive an armored
car, while actually engaged in the | ||||||
15 | performance of his duties.
| ||||||
16 | (10) Persons who have been classified as peace officers | ||||||
17 | pursuant
to the Peace Officer Fire Investigation Act.
| ||||||
18 | (11) Investigators of the Office of the State's | ||||||
19 | Attorneys Appellate
Prosecutor authorized by the board of | ||||||
20 | governors of the Office of the
State's Attorneys Appellate | ||||||
21 | Prosecutor to carry weapons pursuant to
Section 7.06 of the | ||||||
22 | State's Attorneys Appellate Prosecutor's Act.
| ||||||
23 | (12) Special investigators appointed by a State's | ||||||
24 | Attorney under
Section 3-9005 of the Counties Code.
| ||||||
25 | (12.5) Probation officers while in the performance of | ||||||
26 | their duties, or
while commuting between their homes, |
| |||||||
| |||||||
1 | places of employment or specific locations
that are part of | ||||||
2 | their assigned duties, with the consent of the chief judge | ||||||
3 | of
the circuit for which they are employed.
| ||||||
4 | (13) Court Security Officers while in the performance | ||||||
5 | of their official
duties, or while commuting between their | ||||||
6 | homes and places of employment, with
the
consent of the | ||||||
7 | Sheriff.
| ||||||
8 | (13.5) A person employed as an armed security guard at | ||||||
9 | a nuclear energy,
storage, weapons or development site or | ||||||
10 | facility regulated by the Nuclear
Regulatory Commission | ||||||
11 | who has completed the background screening and training
| ||||||
12 | mandated by the rules and regulations of the Nuclear | ||||||
13 | Regulatory Commission.
| ||||||
14 | (14) Manufacture, transportation, or sale of weapons | ||||||
15 | to
persons
authorized under subdivisions (1) through | ||||||
16 | (13.5) of this
subsection
to
possess those weapons.
| ||||||
17 | (b) Subsections 24-1(a)(4) and 24-1(a)(10) and Section | ||||||
18 | 24-1.6 do not
apply to or affect
any of the following:
| ||||||
19 | (1) Members of any club or organization organized for | ||||||
20 | the purpose of
practicing shooting at targets upon | ||||||
21 | established target ranges, whether
public or private, and | ||||||
22 | patrons of such ranges, while such members
or patrons are | ||||||
23 | using their firearms on those target ranges.
| ||||||
24 | (2) Duly authorized military or civil organizations | ||||||
25 | while parading,
with the special permission of the | ||||||
26 | Governor.
|
| |||||||
| |||||||
1 | (3) Hunters, trappers or fishermen with a license or
| ||||||
2 | permit while engaged in hunting,
trapping or fishing.
| ||||||
3 | (4) Transportation of weapons that are broken down in a
| ||||||
4 | non-functioning state or are not immediately accessible.
| ||||||
5 | (c) Subsection 24-1(a)(7) does not apply to or affect any | ||||||
6 | of the
following:
| ||||||
7 | (1) Peace officers while in performance of their | ||||||
8 | official duties.
| ||||||
9 | (2) Wardens, superintendents and keepers of prisons, | ||||||
10 | penitentiaries,
jails and other institutions for the | ||||||
11 | detention of persons accused or
convicted of an offense.
| ||||||
12 | (3) Members of the Armed Services or Reserve Forces of | ||||||
13 | the United States
or the Illinois National Guard, while in | ||||||
14 | the performance of their official
duty.
| ||||||
15 | (4) Manufacture, transportation, or sale of machine | ||||||
16 | guns to persons
authorized under subdivisions (1) through | ||||||
17 | (3) of this subsection to
possess machine guns, if the | ||||||
18 | machine guns are broken down in a
non-functioning state or | ||||||
19 | are not immediately accessible.
| ||||||
20 | (5) Persons licensed under federal law to manufacture | ||||||
21 | any weapon from
which 8 or more shots or bullets can be | ||||||
22 | discharged by a
single function of the firing device, or | ||||||
23 | ammunition for such weapons, and
actually engaged in the | ||||||
24 | business of manufacturing such weapons or
ammunition, but | ||||||
25 | only with respect to activities which are within the lawful
| ||||||
26 | scope of such business, such as the manufacture, |
| |||||||
| |||||||
1 | transportation, or testing
of such weapons or ammunition. | ||||||
2 | This exemption does not authorize the
general private | ||||||
3 | possession of any weapon from which 8 or more
shots or | ||||||
4 | bullets can be discharged by a single function of the | ||||||
5 | firing
device, but only such possession and activities as | ||||||
6 | are within the lawful
scope of a licensed manufacturing | ||||||
7 | business described in this paragraph.
| ||||||
8 | During transportation, such weapons shall be broken | ||||||
9 | down in a
non-functioning state or not immediately | ||||||
10 | accessible.
| ||||||
11 | (6) The manufacture, transport, testing, delivery, | ||||||
12 | transfer or sale,
and all lawful commercial or experimental | ||||||
13 | activities necessary thereto, of
rifles, shotguns, and | ||||||
14 | weapons made from rifles or shotguns,
or ammunition for | ||||||
15 | such rifles, shotguns or weapons, where engaged in
by a | ||||||
16 | person operating as a contractor or subcontractor pursuant | ||||||
17 | to a
contract or subcontract for the development and supply | ||||||
18 | of such rifles,
shotguns, weapons or ammunition to the | ||||||
19 | United States government or any
branch of the Armed Forces | ||||||
20 | of the United States, when such activities are
necessary | ||||||
21 | and incident to fulfilling the terms of such contract.
| ||||||
22 | The exemption granted under this subdivision (c)(6)
| ||||||
23 | shall also apply to any authorized agent of any such | ||||||
24 | contractor or
subcontractor who is operating within the | ||||||
25 | scope of his employment, where
such activities involving | ||||||
26 | such weapon, weapons or ammunition are necessary
and |
| |||||||
| |||||||
1 | incident to fulfilling the terms of such contract.
| ||||||
2 | During transportation, any such weapon shall be broken | ||||||
3 | down in a
non-functioning state, or not immediately | ||||||
4 | accessible.
| ||||||
5 | (d) Subsection 24-1(a)(1) does not apply to the purchase, | ||||||
6 | possession
or carrying of a black-jack or slung-shot by a peace | ||||||
7 | officer.
| ||||||
8 | (e) Subsection 24-1(a)(8) does not apply to any owner, | ||||||
9 | manager or
authorized employee of any place specified in that | ||||||
10 | subsection nor to any
law enforcement officer.
| ||||||
11 | (f) Subsection 24-1(a)(4) and subsection 24-1(a)(10) and | ||||||
12 | Section 24-1.6
do not apply
to members of any club or | ||||||
13 | organization organized for the purpose of practicing
shooting | ||||||
14 | at targets upon established target ranges, whether public or | ||||||
15 | private,
while using their firearms on those target ranges.
| ||||||
16 | (g) Subsections 24-1(a)(11) and 24-3.1(a)(6) do not apply | ||||||
17 | to:
| ||||||
18 | (1) Members of the Armed Services or Reserve Forces of | ||||||
19 | the United
States or the Illinois National Guard, while in | ||||||
20 | the performance of their
official duty.
| ||||||
21 | (2) Bonafide collectors of antique or surplus military | ||||||
22 | ordinance.
| ||||||
23 | (3) Laboratories having a department of forensic | ||||||
24 | ballistics, or
specializing in the development of | ||||||
25 | ammunition or explosive ordinance.
| ||||||
26 | (4) Commerce, preparation, assembly or possession of |
| |||||||
| |||||||
1 | explosive
bullets by manufacturers of ammunition licensed | ||||||
2 | by the federal government,
in connection with the supply of | ||||||
3 | those organizations and persons exempted
by subdivision | ||||||
4 | (g)(1) of this Section, or like organizations and persons
| ||||||
5 | outside this State, or the transportation of explosive | ||||||
6 | bullets to any
organization or person exempted in this | ||||||
7 | Section by a common carrier or by a
vehicle owned or leased | ||||||
8 | by an exempted manufacturer.
| ||||||
9 | (g-5) Subsection 24-1(a)(6) does not apply to or affect | ||||||
10 | persons licensed
under federal law to manufacture any device or | ||||||
11 | attachment of any kind designed,
used, or intended for use in | ||||||
12 | silencing the report of any firearm, firearms, or
ammunition
| ||||||
13 | for those firearms equipped with those devices, and actually | ||||||
14 | engaged in the
business of manufacturing those devices, | ||||||
15 | firearms, or ammunition, but only with
respect to
activities | ||||||
16 | that are within the lawful scope of that business, such as the
| ||||||
17 | manufacture, transportation, or testing of those devices, | ||||||
18 | firearms, or
ammunition. This
exemption does not authorize the | ||||||
19 | general private possession of any device or
attachment of any | ||||||
20 | kind designed, used, or intended for use in silencing the
| ||||||
21 | report of any firearm, but only such possession and activities | ||||||
22 | as are within
the
lawful scope of a licensed manufacturing | ||||||
23 | business described in this subsection
(g-5). During | ||||||
24 | transportation, those devices shall be detached from any weapon
| ||||||
25 | or
not immediately accessible.
| ||||||
26 | (h) An information or indictment based upon a violation of |
| |||||||
| |||||||
1 | any
subsection of this Article need not negative any exemptions | ||||||
2 | contained in
this Article. The defendant shall have the burden | ||||||
3 | of proving such an
exemption.
| ||||||
4 | (i) Nothing in this Article shall prohibit, apply to, or | ||||||
5 | affect
the transportation, carrying, or possession, of any | ||||||
6 | pistol or revolver,
stun gun, taser, or other firearm consigned | ||||||
7 | to a common carrier operating
under license of the State of | ||||||
8 | Illinois or the federal government, where
such transportation, | ||||||
9 | carrying, or possession is incident to the lawful
| ||||||
10 | transportation in which such common carrier is engaged; and | ||||||
11 | nothing in this
Article shall prohibit, apply to, or affect the | ||||||
12 | transportation, carrying,
or possession of any pistol, | ||||||
13 | revolver, stun gun, taser, or other firearm,
not the subject of | ||||||
14 | and regulated by subsection 24-1(a)(7) or subsection
24-2(c) of | ||||||
15 | this Article, which is unloaded and enclosed in a case, firearm
| ||||||
16 | carrying box, shipping box, or other container, by the | ||||||
17 | possessor of a valid
Firearm Owners Identification Card.
| ||||||
18 | (Source: P.A. 92-325, eff. 8-9-01; 93-438, eff. 8-5-03; 93-439, | ||||||
19 | eff. 8-5-03;
93-576, eff. 1-1-04; revised
9-15-03.)
| ||||||
20 | (720 ILCS 5/24-3) (from Ch. 38, par. 24-3)
| ||||||
21 | Sec. 24-3. Unlawful Sale of Firearms.
| ||||||
22 | (A) A person commits the offense of unlawful sale of | ||||||
23 | firearms when he
or she knowingly does any of the following:
| ||||||
24 | (a) Sells or gives any firearm of a size which may be | ||||||
25 | concealed upon the
person to any person under 18 years of |
| |||||||
| |||||||
1 | age.
| ||||||
2 | (b) Sells or gives any firearm to a person under 21 | ||||||
3 | years of age who has
been convicted of a misdemeanor other | ||||||
4 | than a traffic offense or adjudged
delinquent.
| ||||||
5 | (c) Sells or gives any firearm to any narcotic addict.
| ||||||
6 | (d) Sells or gives any firearm to any person who has | ||||||
7 | been convicted of a
felony under the laws of this or any | ||||||
8 | other jurisdiction.
| ||||||
9 | (e) Sells or gives any firearm to any person who has | ||||||
10 | been a patient in a
mental hospital within the past 5 | ||||||
11 | years.
| ||||||
12 | (f) Sells or gives any firearms to any person who is | ||||||
13 | mentally
retarded.
| ||||||
14 | (g) Delivers any firearm of a size which may be | ||||||
15 | concealed upon the
person, incidental to a sale, without | ||||||
16 | withholding delivery of such firearm
for at least 72 hours | ||||||
17 | after application for its purchase has been made, or
| ||||||
18 | delivers any rifle, shotgun or other long gun, or a stun | ||||||
19 | gun or taser, incidental to a sale,
without withholding | ||||||
20 | delivery of such rifle, shotgun or other long gun, or a | ||||||
21 | stun gun or taser for
at least 24 hours after application | ||||||
22 | for its purchase has been made.
However,
this paragraph (g) | ||||||
23 | does not apply to: (1) the sale of a firearm
to a law | ||||||
24 | enforcement officer if the seller of the firearm knows that | ||||||
25 | the person to whom he or she is selling the firearm is a | ||||||
26 | law enforcement officer or the sale of a firearm to a |
| |||||||
| |||||||
1 | person who desires to purchase a firearm for
use in | ||||||
2 | promoting the public interest incident to his or her | ||||||
3 | employment as a
bank guard, armed truck guard, or other | ||||||
4 | similar employment; (2) a mail
order sale of a firearm to a | ||||||
5 | nonresident of Illinois under which the firearm
is mailed | ||||||
6 | to a point outside the boundaries of Illinois; (3) the sale
| ||||||
7 | of a firearm to a nonresident of Illinois while at a | ||||||
8 | firearm showing or display
recognized by the Illinois | ||||||
9 | Department of State Police; or (4) the sale of a
firearm to | ||||||
10 | a dealer licensed as a federal firearms dealer under | ||||||
11 | Section 923
of the federal Gun Control Act of 1968 (18 | ||||||
12 | U.S.C. 923). For purposes of this paragraph (g), | ||||||
13 | "application" means when the buyer and seller reach an | ||||||
14 | agreement to purchase a firearm.
| ||||||
15 | (h) While holding any license
as a dealer,
importer, | ||||||
16 | manufacturer or pawnbroker
under the federal Gun Control | ||||||
17 | Act of 1968,
manufactures, sells or delivers to any | ||||||
18 | unlicensed person a handgun having
a barrel, slide, frame | ||||||
19 | or receiver which is a die casting of zinc alloy or
any | ||||||
20 | other nonhomogeneous metal which will melt or deform at a | ||||||
21 | temperature
of less than 800 degrees Fahrenheit. For | ||||||
22 | purposes of this paragraph, (1)
"firearm" is defined as in | ||||||
23 | the Firearm Owners Identification Card Act; and (2)
| ||||||
24 | "handgun" is defined as a firearm designed to be held
and | ||||||
25 | fired by the use of a single hand, and includes a | ||||||
26 | combination of parts from
which such a firearm can be |
| |||||||
| |||||||
1 | assembled.
| ||||||
2 | (i) Sells or gives a firearm of any size to any person | ||||||
3 | under 18 years of
age who does not possess a valid Firearm | ||||||
4 | Owner's Identification Card.
| ||||||
5 | (j) Sells or gives a firearm while engaged in the | ||||||
6 | business of selling
firearms at wholesale or retail without | ||||||
7 | being licensed as a federal firearms
dealer under Section | ||||||
8 | 923 of the federal Gun Control Act of 1968 (18 U.S.C.
923). | ||||||
9 | In this paragraph (j):
| ||||||
10 | A person "engaged in the business" means a person who | ||||||
11 | devotes time,
attention, and
labor to
engaging in the | ||||||
12 | activity as a regular course of trade or business with the
| ||||||
13 | principal objective of livelihood and profit, but does not | ||||||
14 | include a person who
makes occasional repairs of firearms | ||||||
15 | or who occasionally fits special barrels,
stocks, or | ||||||
16 | trigger mechanisms to firearms.
| ||||||
17 | "With the principal objective of livelihood and | ||||||
18 | profit" means that the
intent
underlying the sale or | ||||||
19 | disposition of firearms is predominantly one of
obtaining | ||||||
20 | livelihood and pecuniary gain, as opposed to other intents, | ||||||
21 | such as
improving or liquidating a personal firearms | ||||||
22 | collection; however, proof of
profit shall not be required | ||||||
23 | as to a person who engages in the regular and
repetitive | ||||||
24 | purchase and disposition of firearms for criminal purposes | ||||||
25 | or
terrorism.
| ||||||
26 | (k) Sells or transfers ownership of a firearm to a |
| |||||||
| |||||||
1 | person who does not display to the seller or transferor of | ||||||
2 | the firearm a currently valid Firearm Owner's | ||||||
3 | Identification Card that has previously been issued in the | ||||||
4 | transferee's name by the Department of State Police under | ||||||
5 | the provisions of the Firearm Owners Identification Card | ||||||
6 | Act. This paragraph (k) does not apply to the transfer of a | ||||||
7 | firearm to a person who is exempt from the requirement of | ||||||
8 | possessing a Firearm Owner's Identification Card under | ||||||
9 | Section 2 of the Firearm Owners Identification Card Act. | ||||||
10 | For the purposes of this Section, a currently valid Firearm | ||||||
11 | Owner's Identification Card means (i) a Firearm Owner's | ||||||
12 | Identification Card that has not expired or (ii) if the | ||||||
13 | transferor is licensed as a federal firearms dealer under | ||||||
14 | Section 923 of the federal Gun Control Act of 1968 (18 | ||||||
15 | U.S.C. 923), an approval number issued in accordance with | ||||||
16 | Section 3.1 of the Firearm Owners Identification Card Act | ||||||
17 | shall be proof that the Firearm Owner's Identification Card | ||||||
18 | was valid. | ||||||
19 | (B) Paragraph (h) of subsection (A) does not include | ||||||
20 | firearms sold within 6
months after enactment of Public
Act | ||||||
21 | 78-355 (approved August 21, 1973, effective October 1, 1973), | ||||||
22 | nor is any
firearm legally owned or
possessed by any citizen or | ||||||
23 | purchased by any citizen within 6 months after the
enactment of | ||||||
24 | Public Act 78-355 subject
to confiscation or seizure under the | ||||||
25 | provisions of that Public Act. Nothing in
Public Act 78-355 | ||||||
26 | shall be construed to prohibit the gift or trade of
any firearm |
| |||||||
| |||||||
1 | if that firearm was legally held or acquired within 6 months | ||||||
2 | after
the enactment of that Public Act.
| ||||||
3 | (C) Sentence.
| ||||||
4 | (1) Any person convicted of unlawful sale of firearms | ||||||
5 | in violation of
any of paragraphs (c) through (h) of | ||||||
6 | subsection (A) commits a Class
4
felony.
| ||||||
7 | (2) Any person convicted of unlawful sale of firearms | ||||||
8 | in violation of
paragraph (b) or (i) of subsection (A) | ||||||
9 | commits a Class 3 felony.
| ||||||
10 | (3) Any person convicted of unlawful sale of firearms | ||||||
11 | in violation of
paragraph (a) of subsection (A) commits a | ||||||
12 | Class 2 felony.
| ||||||
13 | (4) Any person convicted of unlawful sale of firearms | ||||||
14 | in violation of
paragraph (a), (b), or (i) of subsection | ||||||
15 | (A) in any school, on the real
property comprising a | ||||||
16 | school, within 1,000 feet of the real property comprising
a | ||||||
17 | school, at a school related activity, or on or within 1,000 | ||||||
18 | feet of any
conveyance owned, leased, or contracted by a | ||||||
19 | school or school district to
transport students to or from | ||||||
20 | school or a school related activity,
regardless of the time | ||||||
21 | of day or time of year at which the offense
was committed, | ||||||
22 | commits a Class 1 felony. Any person convicted of a second
| ||||||
23 | or subsequent violation of unlawful sale of firearms in | ||||||
24 | violation of paragraph
(a), (b), or (i) of subsection (A) | ||||||
25 | in any school, on the real property
comprising a school, | ||||||
26 | within 1,000 feet of the real property comprising a
school, |
| |||||||
| |||||||
1 | at a school related activity, or on or within 1,000 feet of | ||||||
2 | any
conveyance owned, leased, or contracted by a school or | ||||||
3 | school district to
transport students to or from school or | ||||||
4 | a school related activity,
regardless of the time of day or | ||||||
5 | time of year at which the offense
was committed, commits a | ||||||
6 | Class 1 felony for which the sentence shall be a
term of | ||||||
7 | imprisonment of no less than 5 years and no more than 15 | ||||||
8 | years.
| ||||||
9 | (5) Any person convicted of unlawful sale of firearms | ||||||
10 | in violation of
paragraph (a) or (i) of subsection (A) in | ||||||
11 | residential property owned,
operated, or managed by a | ||||||
12 | public housing agency or leased by a public housing
agency | ||||||
13 | as part of a scattered site or mixed-income development, in | ||||||
14 | a public
park, in a
courthouse, on residential property | ||||||
15 | owned, operated, or managed by a public
housing agency or | ||||||
16 | leased by a public housing agency as part of a scattered | ||||||
17 | site
or mixed-income development, on the real property | ||||||
18 | comprising any public park,
on the real
property comprising | ||||||
19 | any courthouse, or on any public way within 1,000 feet
of | ||||||
20 | the real property comprising any public park, courthouse, | ||||||
21 | or residential
property owned, operated, or managed by a | ||||||
22 | public housing agency or leased by a
public housing agency | ||||||
23 | as part of a scattered site or mixed-income development
| ||||||
24 | commits a
Class 2 felony.
| ||||||
25 | (6) Any person convicted of unlawful sale of firearms | ||||||
26 | in violation of
paragraph (j) of subsection (A) commits a |
| |||||||
| |||||||
1 | Class A misdemeanor. A second or
subsequent violation is a | ||||||
2 | Class 4 felony. | ||||||
3 | (7) Any person convicted of unlawful sale of firearms | ||||||
4 | in violation of paragraph (k) of subsection (A) commits a | ||||||
5 | Class 4 felony. A third or subsequent conviction for a | ||||||
6 | violation of paragraph (k) of subsection (A) is a Class 1 | ||||||
7 | felony.
| ||||||
8 | (D) For purposes of this Section:
| ||||||
9 | "School" means a public or private elementary or secondary | ||||||
10 | school,
community college, college, or university.
| ||||||
11 | "School related activity" means any sporting, social, | ||||||
12 | academic, or
other activity for which students' attendance or | ||||||
13 | participation is sponsored,
organized, or funded in whole or in | ||||||
14 | part by a school or school district.
| ||||||
15 | (E) A prosecution for a violation of paragraph (k) of | ||||||
16 | subsection (A) of this Section may be commenced within 6 years | ||||||
17 | after the commission of the offense. A prosecution for a | ||||||
18 | violation of this Section other than paragraph (g) of | ||||||
19 | subsection (A) of this Section may be commenced within 5 years | ||||||
20 | after the commission of the offense defined in the particular | ||||||
21 | paragraph.
| ||||||
22 | (Source: P.A. 93-162, eff. 7-10-03; 93-906, eff. 8-11-04; 94-6, | ||||||
23 | eff. 1-1-06; 94-284, eff. 7-21-05; revised 8-19-05.)
| ||||||
24 | (720 ILCS 5/24-3.1) (from Ch. 38, par. 24-3.1)
| ||||||
25 | Sec. 24-3.1. Unlawful possession of firearms and firearm |
| |||||||
| |||||||
1 | ammunition.
| ||||||
2 | (a) A person commits the offense of unlawful possession of | ||||||
3 | firearms
or firearm ammunition when:
| ||||||
4 | (1) He is under 18 years of age and has in his | ||||||
5 | possession
any firearm of
a size which may be concealed | ||||||
6 | upon the person; or
| ||||||
7 | (2) He is under 21 years of age, has been convicted of | ||||||
8 | a misdemeanor
other than a traffic offense or adjudged | ||||||
9 | delinquent and has
any firearms or
firearm ammunition in | ||||||
10 | his possession; or
| ||||||
11 | (3) He is a narcotic addict and has
any firearms or | ||||||
12 | firearm ammunition
in his possession; or
| ||||||
13 | (4) He has been a patient in a mental hospital within | ||||||
14 | the past 5 years
and has
any firearms or firearm ammunition | ||||||
15 | in his possession; or
| ||||||
16 | (5) He is mentally retarded and has
any firearms or | ||||||
17 | firearm ammunition
in his possession; or
| ||||||
18 | (6) He has in his possession any explosive bullet.
| ||||||
19 | For purposes of this paragraph "explosive bullet" means the | ||||||
20 | projectile
portion of an ammunition cartridge which contains or | ||||||
21 | carries an explosive
charge which will explode upon contact | ||||||
22 | with the flesh of a human or an animal.
"Cartridge" means a | ||||||
23 | tubular metal case having a projectile affixed at the
front | ||||||
24 | thereof and a cap or primer at the rear end thereof, with the | ||||||
25 | propellant
contained in such tube between the projectile and | ||||||
26 | the cap . ; or
|
| |||||||
| |||||||
1 | (b) Sentence.
| ||||||
2 | Unlawful possession of firearms, other than handguns, and | ||||||
3 | firearm
ammunition is a Class A misdemeanor. Unlawful | ||||||
4 | possession of handguns is a
Class 4 felony. The possession of | ||||||
5 | each firearm or firearm ammunition in violation of this Section | ||||||
6 | constitutes a single and separate violation.
| ||||||
7 | (c) Nothing in paragraph (1) of subsection (a) of this | ||||||
8 | Section prohibits
a person under 18 years of age from | ||||||
9 | participating in any lawful recreational
activity with a | ||||||
10 | firearm such as, but not limited to, practice shooting at
| ||||||
11 | targets upon established public or private target ranges or | ||||||
12 | hunting, trapping,
or fishing in accordance with the Wildlife | ||||||
13 | Code or the Fish and Aquatic Life
Code.
| ||||||
14 | (Source: P.A. 94-284, eff. 7-21-05; revised 8-23-05.)
| ||||||
15 | (720 ILCS 5/32-5.2) (from Ch. 38, par. 32-5.2)
| ||||||
16 | Sec. 32-5.2. Aggravated False Personation of a Peace | ||||||
17 | Officer. A person who knowingly and falsely
represents himself | ||||||
18 | or herself to be a peace officer in attempting or committing a | ||||||
19 | felony commits a Class 2 felony. A person who knowingly and | ||||||
20 | falsely
represents himself or herself to be a peace officer of | ||||||
21 | any
jurisdiction in attempting or committing a forcible felony | ||||||
22 | commits a Class 1 felony.
| ||||||
23 | (Source: P.A. 94-730, eff. 4-17-06; 94-985, eff. 1-1-07; | ||||||
24 | revised 8-3-06.)
|
| |||||||
| |||||||
1 | (720 ILCS 5/44-3) (from Ch. 38, par. 44-3)
| ||||||
2 | Sec. 44-3. (a) Seizure. Any telecommunications device | ||||||
3 | possessed by a
person on the real property of any elementary or | ||||||
4 | secondary school without
the authority of the school principal, | ||||||
5 | or used in the commission of an
offense prohibited by
this | ||||||
6 | Code,
the Illinois Controlled Substances Act,
the Cannabis | ||||||
7 | Control Act, or the Methamphetamine Control and Community | ||||||
8 | Protection Act or which constitutes evidence of the commission | ||||||
9 | of such offenses
may be seized and delivered forthwith to the | ||||||
10 | investigating law enforcement
agency.
A person who is not a | ||||||
11 | student of the particular elementary or secondary
school, who | ||||||
12 | is on school property as an invitee of the school, and who has
| ||||||
13 | possession of a telecommunication device for lawful and | ||||||
14 | legitimate
purposes, shall not need to obtain authority from | ||||||
15 | the school principal to
possess the telecommunication device on | ||||||
16 | school property. Such
telecommunication device shall not be | ||||||
17 | seized unless it was used in the
commission of an offense | ||||||
18 | specified above, or constitutes evidence of such
an offense.
| ||||||
19 | Within 15 days after such delivery the
investigating law | ||||||
20 | enforcement agency shall give notice of seizure to any
known | ||||||
21 | owners, lienholders and
secured parties of such property.
| ||||||
22 | Within
that 15 day period the investigating law enforcement | ||||||
23 | agency shall also
notify the State's Attorney of
the county of | ||||||
24 | seizure about the seizure.
| ||||||
25 | (b) Rights
of lienholders and secured parties.
| ||||||
26 | The State's Attorney shall promptly release a |
| |||||||
| |||||||
1 | telecommunications device
seized under the provisions of this | ||||||
2 | Article to any lienholder or
secured party
if such lienholder | ||||||
3 | or secured party shows to the State's
Attorney that his lien or | ||||||
4 | security interest is bona fide and was created
without actual | ||||||
5 | knowledge that such telecommunications device was or
possessed | ||||||
6 | in violation of this Section or used or
to be used in the | ||||||
7 | commission of the offense charged.
| ||||||
8 | (c) Action for forfeiture.
(1) The State's Attorney in the | ||||||
9 | county in which such seizure occurs
if he finds that such | ||||||
10 | forfeiture was incurred without willful negligence
or without | ||||||
11 | any intention on the part of the owner of the | ||||||
12 | telecommunications
device or a lienholder or secured party
to | ||||||
13 | violate the law, or finds the existence of
such mitigating | ||||||
14 | circumstances as to justify remission of the forfeiture,
may | ||||||
15 | cause the investigating law enforcement agency to remit the | ||||||
16 | same upon
such terms and conditions
as the State's Attorney | ||||||
17 | deems reasonable and just. The State's Attorney
shall exercise | ||||||
18 | his discretion under the foregoing provision of this
Section | ||||||
19 | promptly after notice is given in accordance with
subsection | ||||||
20 | (a). If the State's Attorney does not cause the forfeiture to
| ||||||
21 | be remitted he shall forthwith bring an action for forfeiture | ||||||
22 | in the
circuit court within whose jurisdiction the seizure and | ||||||
23 | confiscation has
taken place. The State's Attorney shall give | ||||||
24 | notice of the forfeiture
proceeding by mailing a copy of the | ||||||
25 | complaint in the forfeiture
proceeding to the persons and in | ||||||
26 | the manner set forth in subsection
(a). The owner of the device |
| |||||||
| |||||||
1 | or any person
with any right, title, or interest in the device
| ||||||
2 | may within 20 days after the mailing of such notice file a
| ||||||
3 | verified answer to the complaint and may appear at the hearing | ||||||
4 | on the
action for forfeiture. The State shall show at such | ||||||
5 | hearing by a
preponderance of the evidence that the device was
| ||||||
6 | used in the commission of an offense described in subsection | ||||||
7 | (a). The
owner of the device or any person with any right,
| ||||||
8 | title, or interest in the device may show
by a preponderance of | ||||||
9 | the evidence that he did not know, and did not
have reason to | ||||||
10 | know, that the device was possessed in violation of this
| ||||||
11 | Section or to be used
in the commission of such an offense or | ||||||
12 | that any of the exceptions set
forth in subsection (d) are | ||||||
13 | applicable. Unless the State shall make such
showing, the Court | ||||||
14 | shall order the device released
to the owner. Where the State | ||||||
15 | has made such showing, the Court may order
the device | ||||||
16 | destroyed; may upon the request of the investigating law
| ||||||
17 | enforcement agency, order it delivered to
any local, municipal | ||||||
18 | or county law enforcement agency, or the Department
of State | ||||||
19 | Police or the Department of Revenue of
the State of Illinois;
| ||||||
20 | or may order it sold at
public auction.
| ||||||
21 | (2) A copy of the order shall be filed with the | ||||||
22 | investigating law
enforcement agency of the
county in which the | ||||||
23 | seizure occurs.
Such order, when filed, confers ownership of | ||||||
24 | the
device to the
department or agency to whom it is delivered | ||||||
25 | or any purchaser thereof.
The investigating law enforcement | ||||||
26 | agency shall comply promptly with
instructions to remit |
| |||||||
| |||||||
1 | received
from the State's Attorney or Attorney General in | ||||||
2 | accordance with
paragraph (1) of this subsection or subsection | ||||||
3 | (d).
| ||||||
4 | (3) The proceeds of any sale at public auction pursuant to | ||||||
5 | this subsection,
after payment of all liens and deduction of | ||||||
6 | the
reasonable charges and expenses incurred by the | ||||||
7 | investigating law
enforcement agency in storing and
selling the | ||||||
8 | device, shall be paid into the general fund of the level of
| ||||||
9 | government responsible for the operation of the investigating | ||||||
10 | law enforcement agency.
| ||||||
11 | (d) Exceptions to forfeiture.
(b) No device shall be | ||||||
12 | forfeited under the
provisions of subsection (c) by reason of | ||||||
13 | any act or omission established by
the owner thereof to have | ||||||
14 | been committed or omitted by any person other
than the owner | ||||||
15 | while the device was unlawfully in
the possession of a person | ||||||
16 | who acquired possession thereof in violation of
the criminal | ||||||
17 | laws of the United States, or of any state.
| ||||||
18 | (e) Remission by Attorney General.
Whenever any owner of, | ||||||
19 | or other person interested in, a
device seized under the | ||||||
20 | provisions of this Section files with the Attorney
General | ||||||
21 | before the sale or destruction of the device
a petition for the | ||||||
22 | remission of such forfeiture the Attorney
General if he finds | ||||||
23 | that such forfeiture was incurred without willful
negligence or | ||||||
24 | without any intention on the part of the owner or any person
| ||||||
25 | with any right, title or interest in the device
to violate the | ||||||
26 | law, or finds the existence of such mitigating circumstances
as |
| |||||||
| |||||||
1 | to justify the remission of forfeiture, may cause the same to | ||||||
2 | be
remitted upon such terms and conditions as he deems | ||||||
3 | reasonable and just, or
order discontinuance of any forfeiture | ||||||
4 | proceeding relating thereto.
| ||||||
5 | (Source: P.A. 94-556, eff. 9-11-05; revised 10-11-05.)
| ||||||
6 | Section 1035. The Wild Plant Conservation Act is amended by | ||||||
7 | changing Section 1 as follows:
| ||||||
8 | (720 ILCS 400/1) (from Ch. 5, par. 231)
| ||||||
9 | Sec. 1. Any person, firm or corporation who knowingly buys, | ||||||
10 | sells, offers
or exposes for sale any blood root (Sanguinaria | ||||||
11 | canadensis), lady
slipper (Cyprepedium parviflorum and | ||||||
12 | Cyprepedium hirsutum), columbine
(Aquilegia canadensis), | ||||||
13 | trillium (Trillium grandiflorum and
Trillium
sessile), lotus | ||||||
14 | (Nelumbo lutes), or gentian (Gentiana crinita
crinta and
| ||||||
15 | Gentiana andrewsii), or any part thereof, dug, pulled up or | ||||||
16 | gathered
from any public or private land, unless in the case of | ||||||
17 | private land the
owner or person lawfully occupying such land | ||||||
18 | gives his consent in writing
thereto, is guilty of a petty | ||||||
19 | offense.
| ||||||
20 | (Source: P.A. 90-655, eff. 7-30-98; revised 10-11-05.)
| ||||||
21 | Section 1040. The Illinois Controlled Substances Act is | ||||||
22 | amended by changing Sections 201, 204, and 402 and by setting | ||||||
23 | forth and renumbering multiple versions of Section 218 as |
| |||||||
| |||||||
1 | follows:
| ||||||
2 | (720 ILCS 570/201) (from Ch. 56 1/2, par. 1201)
| ||||||
3 | Sec. 201. (a) The Department shall carry out the provisions | ||||||
4 | of
this Article. The Department or its successor agency
may add | ||||||
5 | substances
to or delete or reschedule all controlled substances | ||||||
6 | in the Schedules of
Sections 204, 206, 208, 210 and 212 of this | ||||||
7 | Act. In making a determination
regarding the addition,
| ||||||
8 | deletion, or rescheduling of a substance, the Department
shall | ||||||
9 | consider
the following:
| ||||||
10 | (1) the actual or relative potential for abuse;
| ||||||
11 | (2) the scientific evidence of its pharmacological | ||||||
12 | effect, if known;
| ||||||
13 | (3) the state of current scientific knowledge | ||||||
14 | regarding the
substance;
| ||||||
15 | (4) the history and current pattern of abuse;
| ||||||
16 | (5) the scope, duration, and significance of abuse;
| ||||||
17 | (6) the risk to the public health;
| ||||||
18 | (7) the potential of the substance to produce | ||||||
19 | psychological or
physiological dependence;
| ||||||
20 | (8) whether the substance is an immediate precursor of | ||||||
21 | a substance
already controlled under this Article;
| ||||||
22 | (9) the immediate harmful effect in terms of | ||||||
23 | potentially fatal
dosage; and
| ||||||
24 | (10) the long-range effects in terms of permanent | ||||||
25 | health impairment.
|
| |||||||
| |||||||
1 | (b) (Blank).
| ||||||
2 | (c) (Blank).
| ||||||
3 | (d) If any substance is scheduled, rescheduled, or
deleted | ||||||
4 | as a
controlled substance under Federal law and notice thereof | ||||||
5 | is given to
the Department, the Department shall
similarly | ||||||
6 | control the substance
under this Act after the expiration of 30 | ||||||
7 | days from publication in the
Federal Register of a final order | ||||||
8 | scheduling a substance as
a
controlled substance or | ||||||
9 | rescheduling or deleting a substance, unless
within that 30 day | ||||||
10 | period the Department objects, or
a party adversely
affected | ||||||
11 | files with the Department substantial written objections
| ||||||
12 | objecting to inclusion, rescheduling, or deletion. In that | ||||||
13 | case, the
Department shall publish the reasons for objection or | ||||||
14 | the substantial
written objections and afford all interested | ||||||
15 | parties an opportunity to
be heard. At the conclusion of the | ||||||
16 | hearing, the Department shall
publish its decision, by means of | ||||||
17 | a rule, which shall be final unless
altered by statute. Upon | ||||||
18 | publication of objections by the Department, similar control
| ||||||
19 | under this Act whether by inclusion, rescheduling or deletion | ||||||
20 | is stayed
until the Department publishes its ruling.
| ||||||
21 | (e) The Department shall by rule exclude any non-narcotic
| ||||||
22 | substances
from a schedule if such substance may, under the | ||||||
23 | Federal Food, Drug, and
Cosmetic Act, be lawfully sold over the | ||||||
24 | counter without a prescription.
| ||||||
25 | (f) The sale, delivery, distribution, and possession of a | ||||||
26 | drug product containing dextromethorphan shall be in |
| |||||||
| |||||||
1 | accordance with Section 218 of this Act. .
| ||||||
2 | (g) Authority to control under this section does not extend | ||||||
3 | to
distilled spirits, wine, malt beverages, or tobacco as those | ||||||
4 | terms are
defined or used in the Liquor Control Act and the | ||||||
5 | Tobacco Products Tax
Act.
| ||||||
6 | (h) Persons registered with the Drug Enforcement | ||||||
7 | Administration to manufacture or distribute controlled | ||||||
8 | substances shall maintain adequate security and provide | ||||||
9 | effective controls and procedures to guard against theft and | ||||||
10 | diversion, but shall not otherwise be required to meet the | ||||||
11 | physical security control requirements (such as cage or vault) | ||||||
12 | for Schedule V controlled substances containing | ||||||
13 | pseudoephedrine or Schedule II controlled substances | ||||||
14 | containing dextromethorphan.
| ||||||
15 | (Source: P.A. 94-800, eff. 1-1-07; revised 8-3-06.)
| ||||||
16 | (720 ILCS 570/204) (from Ch. 56 1/2, par. 1204)
| ||||||
17 | Sec. 204. (a) The controlled substances listed in this | ||||||
18 | Section are
included in Schedule I.
| ||||||
19 | (b) Unless specifically excepted or unless listed in | ||||||
20 | another
schedule, any of the following opiates, including their | ||||||
21 | isomers,
esters, ethers, salts, and salts of isomers, esters, | ||||||
22 | and ethers,
whenever the existence of such isomers, esters, | ||||||
23 | ethers and salts is
possible within the specific chemical | ||||||
24 | designation:
| ||||||
25 | (1) Acetylmethadol;
|
| |||||||
| |||||||
1 | (1.1) Acetyl-alpha-methylfentanyl
| ||||||
2 | (N-[1-(1-methyl-2-phenethyl)-
| ||||||
3 | 4-piperidinyl]-N-phenylacetamide);
| ||||||
4 | (2) Allylprodine;
| ||||||
5 | (3) Alphacetylmethadol, except
| ||||||
6 | levo-alphacetylmethadol (also known as levo-alpha-
| ||||||
7 | acetylmethadol, levomethadyl acetate, or LAAM);
| ||||||
8 | (4) Alphameprodine;
| ||||||
9 | (5) Alphamethadol;
| ||||||
10 | (6) Alpha-methylfentanyl
| ||||||
11 | (N-(1-alpha-methyl-beta-phenyl) ethyl-4-piperidyl)
| ||||||
12 | propionanilide; 1-(1-methyl-2-phenylethyl)-4-(N-
| ||||||
13 | propanilido) piperidine;
| ||||||
14 | (6.1) Alpha-methylthiofentanyl
| ||||||
15 | (N-[1-methyl-2-(2-thienyl)ethyl-
| ||||||
16 | 4-piperidinyl]-N-phenylpropanamide);
| ||||||
17 | (7) 1-methyl-4-phenyl-4-propionoxypiperidine (MPPP);
| ||||||
18 | (7) 1-methyl-4-phenyl-4-proprionoxypiperidine (MPPP);
| ||||||
19 | (7.1) PEPAP
| ||||||
20 | (1-(2-phenethyl)-4-phenyl-4-acetoxypiperidine);
| ||||||
21 | (8) Benzethidine;
| ||||||
22 | (9) Betacetylmethadol;
| ||||||
23 | (9.1) Beta-hydroxyfentanyl
| ||||||
24 | (N-[1-(2-hydroxy-2-phenethyl)-
| ||||||
25 | 4-piperidinyl]-N-phenylpropanamide);
| ||||||
26 | (10) Betameprodine;
|
| |||||||
| |||||||
1 | (11) Betamethadol;
| ||||||
2 | (12) Betaprodine;
| ||||||
3 | (13) Clonitazene;
| ||||||
4 | (14) Dextromoramide;
| ||||||
5 | (15) Diampromide;
| ||||||
6 | (16) Diethylthiambutene;
| ||||||
7 | (17) Difenoxin;
| ||||||
8 | (18) Dimenoxadol;
| ||||||
9 | (19) Dimepheptanol;
| ||||||
10 | (20) Dimethylthiambutene;
| ||||||
11 | (21) Dioxaphetylbutyrate;
| ||||||
12 | (22) Dipipanone;
| ||||||
13 | (23) Ethylmethylthiambutene;
| ||||||
14 | (24) Etonitazene;
| ||||||
15 | (25) Etoxeridine;
| ||||||
16 | (26) Furethidine;
| ||||||
17 | (27) Hydroxpethidine;
| ||||||
18 | (28) Ketobemidone;
| ||||||
19 | (29) Levomoramide;
| ||||||
20 | (30) Levophenacylmorphan;
| ||||||
21 | (31) 3-Methylfentanyl
| ||||||
22 | (N-[3-methyl-1-(2-phenylethyl)-
| ||||||
23 | 4-piperidyl]-N-phenylpropanamide);
| ||||||
24 | (31.1) 3-Methylthiofentanyl
| ||||||
25 | (N-[(3-methyl-1-(2-thienyl)ethyl-
| ||||||
26 | 4-piperidinyl]-N-phenylpropanamide);
|
| |||||||
| |||||||
1 | (32) Morpheridine;
| ||||||
2 | (33) Noracymethadol;
| ||||||
3 | (34) Norlevorphanol;
| ||||||
4 | (35) Normethadone;
| ||||||
5 | (36) Norpipanone;
| ||||||
6 | (36.1) Para-fluorofentanyl
| ||||||
7 | (N-(4-fluorophenyl)-N-[1-(2-phenethyl)-
| ||||||
8 | 4-piperidinyl]propanamide);
| ||||||
9 | (37) Phenadoxone;
| ||||||
10 | (38) Phenampromide;
| ||||||
11 | (39) Phenomorphan;
| ||||||
12 | (40) Phenoperidine;
| ||||||
13 | (41) Piritramide;
| ||||||
14 | (42) Proheptazine;
| ||||||
15 | (43) Properidine;
| ||||||
16 | (44) Propiram;
| ||||||
17 | (45) Racemoramide;
| ||||||
18 | (45.1) Thiofentanyl
| ||||||
19 | (N-phenyl-N-[1-(2-thienyl)ethyl-
| ||||||
20 | 4-piperidinyl]-propanamide);
| ||||||
21 | (46) Tilidine;
| ||||||
22 | (47) Trimeperidine;
| ||||||
23 | (48) Beta-hydroxy-3-methylfentanyl (other name:
| ||||||
24 | N-[1-(2-hydroxy-2-phenethyl)-3-methyl-4-piperidinyl]-
| ||||||
25 | N-phenylpropanamide).
| ||||||
26 | (c) Unless specifically excepted or unless listed in |
| |||||||
| |||||||
1 | another
schedule, any of the following opium derivatives, its | ||||||
2 | salts, isomers
and salts of isomers, whenever the existence of | ||||||
3 | such salts, isomers and
salts of isomers is possible within the | ||||||
4 | specific chemical designation:
| ||||||
5 | (1) Acetorphine;
| ||||||
6 | (2) Acetyldihydrocodeine;
| ||||||
7 | (3) Benzylmorphine;
| ||||||
8 | (4) Codeine methylbromide;
| ||||||
9 | (5) Codeine-N-Oxide;
| ||||||
10 | (6) Cyprenorphine;
| ||||||
11 | (7) Desomorphine;
| ||||||
12 | (8) Diacetyldihydromorphine (Dihydroheroin);
| ||||||
13 | (9) Dihydromorphine;
| ||||||
14 | (10) Drotebanol;
| ||||||
15 | (11) Etorphine (except hydrochloride salt);
| ||||||
16 | (12) Heroin;
| ||||||
17 | (13) Hydromorphinol;
| ||||||
18 | (14) Methyldesorphine;
| ||||||
19 | (15) Methyldihydromorphine;
| ||||||
20 | (16) Morphine methylbromide;
| ||||||
21 | (17) Morphine methylsulfonate;
| ||||||
22 | (18) Morphine-N-Oxide;
| ||||||
23 | (19) Myrophine;
| ||||||
24 | (20) Nicocodeine;
| ||||||
25 | (21) Nicomorphine;
| ||||||
26 | (22) Normorphine;
|
| |||||||
| |||||||
1 | (23) Pholcodine;
| ||||||
2 | (24) Thebacon.
| ||||||
3 | (d) Unless specifically excepted or unless listed in | ||||||
4 | another
schedule, any material, compound, mixture, or | ||||||
5 | preparation which contains
any quantity of the following | ||||||
6 | hallucinogenic substances, or which
contains any of its salts, | ||||||
7 | isomers and salts of isomers, whenever the
existence of such | ||||||
8 | salts, isomers, and salts of isomers is possible
within the | ||||||
9 | specific chemical designation (for the purposes of this
| ||||||
10 | paragraph only, the term "isomer" includes the optical, | ||||||
11 | position and
geometric isomers):
| ||||||
12 | (1) 3,4-methylenedioxyamphetamine
| ||||||
13 | (alpha-methyl,3,4-methylenedioxyphenethylamine,
| ||||||
14 | methylenedioxyamphetamine, MDA);
| ||||||
15 | (1.1) Alpha-ethyltryptamine
| ||||||
16 | (some trade or other names: etryptamine;
| ||||||
17 | MONASE; alpha-ethyl-1H-indole-3-ethanamine;
| ||||||
18 | 3-(2-aminobutyl)indole; a-ET; and AET);
| ||||||
19 | (2) 3,4-methylenedioxymethamphetamine (MDMA);
| ||||||
20 | (2.1) 3,4-methylenedioxy-N-ethylamphetamine
| ||||||
21 | (also known as: N-ethyl-alpha-methyl-
| ||||||
22 | 3,4(methylenedioxy) Phenethylamine, N-ethyl MDA, MDE,
| ||||||
23 | and MDEA);
| ||||||
24 | (3) 3-methoxy-4,5-methylenedioxyamphetamine, (MMDA);
| ||||||
25 | (4) 3,4,5-trimethoxyamphetamine (TMA);
| ||||||
26 | (5) (Blank);
|
| |||||||
| |||||||
1 | (6) Diethyltryptamine (DET);
| ||||||
2 | (7) Dimethyltryptamine (DMT);
| ||||||
3 | (8) 4-methyl-2,5-dimethoxyamphetamine (DOM, STP);
| ||||||
4 | (9) Ibogaine (some trade and other names:
| ||||||
5 | 7-ethyl-6,6,beta,7,8,9,10,12,13-octahydro-2-methoxy-
| ||||||
6 | 6,9-methano-5H-pyrido [1',2':1,2] azepino [5,4-b]
| ||||||
7 | indole; Tabernanthe iboga);
| ||||||
8 | (10) Lysergic acid diethylamide;
| ||||||
9 | (11) 3,4,5-trimethoxyphenethylamine (Mescaline);
| ||||||
10 | (12) Peyote (meaning all parts of the plant presently | ||||||
11 | classified
botanically as Lophophora williamsii
williemaii
| ||||||
12 | Lemaire, whether growing or not, the
seeds thereof, any | ||||||
13 | extract from any part of that plant, and every compound,
| ||||||
14 | manufacture, salts, derivative, mixture, or preparation of | ||||||
15 | that plant, its
seeds or extracts);
| ||||||
16 | (13) N-ethyl-3-piperidyl benzilate (JB 318);
| ||||||
17 | (14) N-methyl-3-piperidyl benzilate;
| ||||||
18 | (14.1) N-hydroxy-3,4-methylenedioxyamphetamine
| ||||||
19 | (also known as N-hydroxy-alpha-methyl-
| ||||||
20 | 3,4(methylenedioxy)phenethylamine and N-hydroxy MDA);
| ||||||
21 | (15) Parahexyl; some trade or other names:
| ||||||
22 | 3-hexyl-1-hydroxy-7,8,9,10-tetrahydro-6,6,9-trimethyl-6H-
| ||||||
23 | dibenzo (b,d) pyran; Synhexyl;
| ||||||
24 | (16) Psilocybin;
| ||||||
25 | (17) Psilocyn;
| ||||||
26 | (18) Alpha-methyltryptamine (AMT);
|
| |||||||
| |||||||
1 | (19) 2,5-dimethoxyamphetamine
| ||||||
2 | (2,5-dimethoxy-alpha-methylphenethylamine; 2,5-DMA);
| ||||||
3 | (20) 4-bromo-2,5-dimethoxyamphetamine
| ||||||
4 | (4-bromo-2,5-dimethoxy-alpha-methylphenethylamine;
| ||||||
5 | 4-bromo-2,5-DMA);
| ||||||
6 | (20.1) 4-Bromo-2,5 dimethoxyphenethylamine.
| ||||||
7 | Some trade or other names: 2-(4-bromo-
| ||||||
8 | 2,5-dimethoxyphenyl)-1-aminoethane;
| ||||||
9 | alpha-desmethyl DOB, 2CB, Nexus;
| ||||||
10 | (21) 4-methoxyamphetamine
| ||||||
11 | (4-methoxy-alpha-methylphenethylamine;
| ||||||
12 | paramethoxyamphetamine; PMA);
| ||||||
13 | (22) (Blank);
| ||||||
14 | (23) Ethylamine analog of phencyclidine.
| ||||||
15 | Some trade or other names:
| ||||||
16 | N-ethyl-1-phenylcyclohexylamine,
| ||||||
17 | (1-phenylcyclohexyl) ethylamine,
| ||||||
18 | N-(1-phenylcyclohexyl) ethylamine, cyclohexamine, PCE;
| ||||||
19 | (24) Pyrrolidine analog of phencyclidine. Some trade | ||||||
20 | or other names:
1-(1-phenylcyclohexyl) pyrrolidine, PCPy, | ||||||
21 | PHP;
| ||||||
22 | (25) 5-methoxy-3,4-methylenedioxy-amphetamine;
| ||||||
23 | (26) 2,5-dimethoxy-4-ethylamphetamine
| ||||||
24 | (another name: DOET);
| ||||||
25 | (27) 1-[1-(2-thienyl)cyclohexyl] pyrrolidine
| ||||||
26 | (another name: TCPy);
|
| |||||||
| |||||||
1 | (28) (Blank);
| ||||||
2 | (29) Thiophene analog of phencyclidine (some trade
| ||||||
3 | or other names: 1-[1-(2-thienyl)-cyclohexyl]-piperidine;
| ||||||
4 | 2-thienyl analog of phencyclidine; TPCP; TCP);
| ||||||
5 | (30) Bufotenine (some trade or other names:
| ||||||
6 | 3-(Beta-Dimethylaminoethyl)-5-hydroxyindole;
| ||||||
7 | 3-(2-dimethylaminoethyl)-5-indolol;
| ||||||
8 | 5-hydroxy-N,N-dimethyltryptamine;
| ||||||
9 | N,N-dimethylserotonin; mappine).
| ||||||
10 | (e) Unless specifically excepted or unless listed in | ||||||
11 | another
schedule, any material, compound, mixture, or | ||||||
12 | preparation which contains
any quantity of the following | ||||||
13 | substances having a depressant effect on
the central nervous | ||||||
14 | system, including its salts, isomers, and salts of
isomers | ||||||
15 | whenever the existence of such salts, isomers, and salts of
| ||||||
16 | isomers is possible within the specific chemical designation:
| ||||||
17 | (1) mecloqualone;
| ||||||
18 | (2) methaqualone; and
| ||||||
19 | (3) gamma hydroxybutyric acid.
| ||||||
20 | (f) Unless specifically excepted or unless listed in | ||||||
21 | another schedule,
any material, compound, mixture, or | ||||||
22 | preparation which contains any quantity
of the following | ||||||
23 | substances having a stimulant effect on the central nervous
| ||||||
24 | system, including its salts, isomers, and salts of isomers:
| ||||||
25 | (1) Fenethylline;
| ||||||
26 | (2) N-ethylamphetamine;
|
| |||||||
| |||||||
1 | (3) Aminorex (some other names:
| ||||||
2 | 2-amino-5-phenyl-2-oxazoline; aminoxaphen;
| ||||||
3 | 4-5-dihydro-5-phenyl-2-oxazolamine) and its
| ||||||
4 | salts, optical isomers, and salts of optical isomers;
| ||||||
5 | (4) Methcathinone (some other names:
| ||||||
6 | 2-methylamino-1-phenylpropan-1-one;
| ||||||
7 | Ephedrone; 2-(methylamino)-propiophenone;
| ||||||
8 | alpha-(methylamino)propiophenone; N-methylcathinone;
| ||||||
9 | methycathinone; Monomethylpropion; UR 1431) and its
| ||||||
10 | salts, optical isomers, and salts of optical isomers;
| ||||||
11 | (5) Cathinone (some trade or other names:
| ||||||
12 | 2-aminopropiophenone; alpha-aminopropiophenone;
| ||||||
13 | 2-amino-1-phenyl-propanone; norephedrone);
| ||||||
14 | (6) N,N-dimethylamphetamine (also known as:
| ||||||
15 | N,N-alpha-trimethyl-benzeneethanamine;
| ||||||
16 | N,N-alpha-trimethylphenethylamine);
| ||||||
17 | (7) (+ or -) cis-4-methylaminorex ((+ or -) cis-
| ||||||
18 | 4,5-dihydro-4-methyl-4-5-phenyl-2-oxazolamine).
| ||||||
19 | (g) Temporary listing of substances subject to emergency | ||||||
20 | scheduling.
Any material, compound, mixture, or preparation | ||||||
21 | that contains any quantity
of the following substances:
| ||||||
22 | (1) N-[1-benzyl-4-piperidyl]-N-phenylpropanamide
| ||||||
23 | (benzylfentanyl), its optical isomers, isomers, salts,
| ||||||
24 | and salts of isomers;
| ||||||
25 | (2) N-[1(2-thienyl)
| ||||||
26 | methyl-4-piperidyl]-N-phenylpropanamide (thenylfentanyl),
|
| |||||||
| |||||||
1 | its optical isomers, salts, and salts of isomers.
| ||||||
2 | (Source: P.A. 90-382, eff. 8-15-97; 91-714, eff. 6-2-00; | ||||||
3 | revised 10-18-05.)
| ||||||
4 | (720 ILCS 570/218) | ||||||
5 | Sec. 218. Dextromethorphan. | ||||||
6 | (a) A drug product containing dextromethorphan may not be | ||||||
7 | sold, delivered, distributed, or possessed except in | ||||||
8 | accordance with the prescription requirements of Sections 309, | ||||||
9 | 312, and 313 of this Act. | ||||||
10 | (b) Possession of a drug product containing | ||||||
11 | dextromethorphan in violation of this Section is a Class 4 | ||||||
12 | felony. The sale, delivery, distribution, or possession with | ||||||
13 | intent to sell, deliver, or distribute a drug product | ||||||
14 | containing dextromethorphan in violation of this Section is a | ||||||
15 | Class 2 felony. | ||||||
16 | (c) This Section does not apply to a drug product | ||||||
17 | containing dextromethorphan that is sold in solid, tablet, | ||||||
18 | liquid, capsule, powder, thin film, or gel form and which is | ||||||
19 | formulated, packaged, and sold in dosages and concentrations | ||||||
20 | for use as an over-the-counter drug product. For the purposes | ||||||
21 | of this Section, "over-the-counter drug product" means a drug | ||||||
22 | that is available to consumers without a prescription and sold | ||||||
23 | in compliance with the safety and labeling standards as set | ||||||
24 | forth by the United States Food and Drug Administration.
| ||||||
25 | (Source: P.A. 94-800, eff. 1-1-07.)
|
| |||||||
| |||||||
1 | (720 ILCS 570/219)
| ||||||
2 | Sec. 219
218 . Dietary supplements containing ephedrine or | ||||||
3 | anabolic steroid precursors.
| ||||||
4 | (a) It is a Class A misdemeanor for any manufacturer,
| ||||||
5 | wholesaler, retailer, or other person to sell, transfer, or
| ||||||
6 | otherwise furnish any of the following to a person under 18 | ||||||
7 | years of
age: | ||||||
8 | (1) a dietary supplement containing an ephedrine group | ||||||
9 | alkaloid; or | ||||||
10 | (2) a dietary supplement containing any of the | ||||||
11 | following: | ||||||
12 | (A) Androstanediol; | ||||||
13 | (B) Androstanedione; | ||||||
14 | (C) Androstenedione; | ||||||
15 | (D) Norandrostenediol; | ||||||
16 | (E) Norandrostenedione; or | ||||||
17 | (F) Dehydroepiandrosterone. | ||||||
18 | (b) A seller shall request valid identification from any
| ||||||
19 | individual who attempts to purchase a dietary supplement set | ||||||
20 | forth in
subsection (a) if that individual reasonably appears | ||||||
21 | to the seller
to be under 18 years of age.
| ||||||
22 | (Source: P.A. 94-339, eff. 7-26-05; revised 9-1-06.)
| ||||||
23 | (720 ILCS 570/402) (from Ch. 56 1/2, par. 1402)
| ||||||
24 | Sec. 402. Except as otherwise authorized by this Act, it is |
| |||||||
| |||||||
1 | unlawful for
any person knowingly to possess a controlled or | ||||||
2 | counterfeit substance or controlled substance analog.
A | ||||||
3 | violation of this Act with respect to each of the controlled | ||||||
4 | substances
listed herein constitutes a single and separate | ||||||
5 | violation of this Act. For purposes of this Section, | ||||||
6 | "controlled substance analog" or "analog"
means a substance
| ||||||
7 | which is intended for human consumption, other than a | ||||||
8 | controlled substance,
that has a chemical structure | ||||||
9 | substantially similar to that of a controlled
substance in | ||||||
10 | Schedule I or II, or that was specifically designed to produce
| ||||||
11 | an effect substantially similar to that of a controlled | ||||||
12 | substance in Schedule
I or II. Examples of chemical classes in | ||||||
13 | which controlled substance analogs
are found include, but are | ||||||
14 | not limited to, the following: phenethylamines,
N-substituted | ||||||
15 | piperidines, morphinans, ecgonines, quinazolinones, | ||||||
16 | substituted
indoles, and arylcycloalkylamines. For purposes of | ||||||
17 | this Act, a controlled
substance analog shall be treated in the | ||||||
18 | same manner as the controlled
substance to which it is | ||||||
19 | substantially similar.
| ||||||
20 | (a) Any person who violates this Section with respect to | ||||||
21 | the following
controlled or counterfeit substances and | ||||||
22 | amounts, notwithstanding any of the
provisions of subsections | ||||||
23 | (c) and (d) to the
contrary, is guilty of a Class 1 felony and | ||||||
24 | shall, if sentenced to a term
of imprisonment, be sentenced as | ||||||
25 | provided in this subsection (a) and fined
as provided in | ||||||
26 | subsection (b):
|
| |||||||
| |||||||
1 | (1) (A) not less than 4 years and not more than 15 | ||||||
2 | years with respect
to 15 grams or more but less than | ||||||
3 | 100 grams of a substance containing heroin;
| ||||||
4 | (B) not less than 6 years and not more than 30 | ||||||
5 | years with respect to 100
grams or more but less than | ||||||
6 | 400 grams of a substance containing heroin;
| ||||||
7 | (C) not less than 8 years and not more than 40 | ||||||
8 | years with respect to 400
grams or more but less than | ||||||
9 | 900 grams of any substance containing heroin;
| ||||||
10 | (D) not less than 10 years and not more than 50 | ||||||
11 | years with respect to
900 grams or more of any | ||||||
12 | substance containing heroin;
| ||||||
13 | (2) (A) not less than 4 years and not more than 15 | ||||||
14 | years with respect
to 15 grams or more but less than | ||||||
15 | 100 grams of any substance containing
cocaine;
| ||||||
16 | (B) not less than 6 years and not more than 30 | ||||||
17 | years with respect to 100
grams or more but less than | ||||||
18 | 400 grams of any substance containing cocaine;
| ||||||
19 | (C) not less than 8 years and not more than 40 | ||||||
20 | years with respect to 400
grams or more but less than | ||||||
21 | 900 grams of any substance containing cocaine;
| ||||||
22 | (D) not less than 10 years and not more than 50 | ||||||
23 | years with respect to
900 grams or more of any | ||||||
24 | substance containing cocaine;
| ||||||
25 | (3) (A) not less than 4 years and not more than 15 | ||||||
26 | years with respect
to 15 grams or more but less than |
| |||||||
| |||||||
1 | 100 grams of any substance containing
morphine;
| ||||||
2 | (B) not less than 6 years and not more than 30 | ||||||
3 | years with respect to 100
grams or more but less than | ||||||
4 | 400 grams of any substance containing morphine;
| ||||||
5 | (C) not less than 6 years and not more than 40 | ||||||
6 | years with respect to 400
grams or more but less than | ||||||
7 | 900 grams of any substance containing morphine;
| ||||||
8 | (D) not less than 10 years and not more than 50 | ||||||
9 | years with respect to
900 grams or more of any | ||||||
10 | substance containing morphine;
| ||||||
11 | (4) 200 grams or more of any substance containing | ||||||
12 | peyote;
| ||||||
13 | (5) 200 grams or more of any substance containing a | ||||||
14 | derivative of
barbituric acid or any of the salts of a | ||||||
15 | derivative of barbituric acid;
| ||||||
16 | (6) 200 grams or more of any substance containing | ||||||
17 | amphetamine or any salt
of an optical isomer of | ||||||
18 | amphetamine;
| ||||||
19 | (6.5) (blank);
| ||||||
20 | (7) (A) not less than 4 years and not more than 15 | ||||||
21 | years with respect
to: (i) 15 grams or more but less | ||||||
22 | than 100 grams of any substance containing
lysergic | ||||||
23 | acid diethylamide (LSD), or an analog thereof, or (ii) | ||||||
24 | 15 or
more objects or 15 or more segregated parts of an | ||||||
25 | object or objects but
less than 200 objects or 200 | ||||||
26 | segregated parts of an object or objects
containing in |
| |||||||
| |||||||
1 | them or having upon them any amount of any substance
| ||||||
2 | containing lysergic acid diethylamide (LSD), or an | ||||||
3 | analog thereof;
| ||||||
4 | (B) not less than 6 years and not more than 30 | ||||||
5 | years with respect
to: (i) 100 grams or more but less | ||||||
6 | than 400 grams of any substance
containing lysergic | ||||||
7 | acid diethylamide (LSD), or an analog thereof, or (ii)
| ||||||
8 | 200 or more objects or 200 or more segregated parts of | ||||||
9 | an object or objects
but less than 600 objects or less | ||||||
10 | than 600 segregated parts of an object or
objects | ||||||
11 | containing in them or having upon them any amount of | ||||||
12 | any substance
containing lysergic acid diethylamide | ||||||
13 | (LSD), or an analog thereof;
| ||||||
14 | (C) not less than 8 years and not more than 40 | ||||||
15 | years with respect
to: (i) 400 grams or more but less | ||||||
16 | than 900 grams of any substance
containing lysergic | ||||||
17 | acid diethylamide (LSD), or an analog thereof, or (ii)
| ||||||
18 | 600 or more objects or 600 or more segregated parts of | ||||||
19 | an object or objects
but less than 1500 objects or 1500 | ||||||
20 | segregated parts of an object or objects
containing in | ||||||
21 | them or having upon them any amount of any substance
| ||||||
22 | containing lysergic acid diethylamide (LSD), or an | ||||||
23 | analog thereof;
| ||||||
24 | (D) not less than 10 years and not more than 50 | ||||||
25 | years with respect
to: (i) 900 grams or more of any | ||||||
26 | substance containing lysergic acid
diethylamide (LSD), |
| |||||||
| |||||||
1 | or an analog thereof, or (ii) 1500 or more objects or
| ||||||
2 | 1500 or more segregated parts of an object or objects | ||||||
3 | containing in them or
having upon them any amount of a | ||||||
4 | substance containing lysergic acid
diethylamide (LSD), | ||||||
5 | or an analog thereof;
| ||||||
6 | (7.5) (A) not less than 4 years and not more than 15 | ||||||
7 | years with respect
to: (i) 15
grams or more but
less | ||||||
8 | than 100 grams of any substance listed in paragraph | ||||||
9 | (1), (2), (2.1), (3),
(14.1), (19),
(20), (20.1), (21), | ||||||
10 | (25), or (26) of subsection (d) of Section 204, or an
| ||||||
11 | analog or derivative
thereof, or (ii) 15 or more pills, | ||||||
12 | tablets, caplets, capsules, or objects but
less than | ||||||
13 | 200 pills,
tablets, caplets, capsules, or objects | ||||||
14 | containing in them or having upon them
any amount of | ||||||
15 | any
substance listed in paragraph (1), (2), (2.1), (3), | ||||||
16 | (14.1), (19), (20), (20.1),
(21), (25), or (26) of
| ||||||
17 | subsection (d) of Section 204, or an analog or | ||||||
18 | derivative thereof;
| ||||||
19 | (B) not less than 6 years and not more than 30 | ||||||
20 | years with respect to: (i)
100
grams or more but
less | ||||||
21 | than 400 grams of any substance listed in paragraph | ||||||
22 | (1), (2), (2.1), (3),
(14.1), (19), (20),
(20.1), (21), | ||||||
23 | (25), or (26) of subsection (d) of Section 204, or an | ||||||
24 | analog or
derivative thereof, or
(ii) 200 or more | ||||||
25 | pills, tablets, caplets, capsules, or objects but less | ||||||
26 | than
600
pills, tablets,
caplets, capsules, or objects |
| |||||||
| |||||||
1 | containing in them or having upon them any amount
of | ||||||
2 | any
substance
listed in paragraph (1), (2), (2.1), (3), | ||||||
3 | (14.1), (19), (20), (20.1), (21),
(25), or (26) of | ||||||
4 | subsection
(d) of Section 204, or an analog or | ||||||
5 | derivative thereof;
| ||||||
6 | (C) not less than 8 years and not more than 40 | ||||||
7 | years with respect to: (i)
400
grams or more but
less | ||||||
8 | than 900 grams of any substance listed in paragraph | ||||||
9 | (1), (2), (2.1), (3),
(14.1), (19), (20),
(20.1), (21), | ||||||
10 | (25), or (26) of subsection (d) of Section 204, or an | ||||||
11 | analog or
derivative thereof,
or (ii) 600 or more | ||||||
12 | pills, tablets, caplets, capsules, or objects but less | ||||||
13 | than
1,500 pills, tablets,
caplets, capsules, or | ||||||
14 | objects containing in them or having upon them any | ||||||
15 | amount
of any
substance listed in paragraph (1), (2), | ||||||
16 | (2.1), (3), (14.1), (19), (20), (20.1),
(21), (25), or | ||||||
17 | (26) of
subsection (d) of Section 204, or an analog or | ||||||
18 | derivative thereof;
| ||||||
19 | (D) not less than 10 years and not more than 50 | ||||||
20 | years with respect to:
(i)
900 grams or more of
any | ||||||
21 | substance listed in paragraph (1), (2), (2.1), (3), | ||||||
22 | (14.1), (19), (20),
(20.1), (21), (25), or (26)
of | ||||||
23 | subsection (d) of Section 204, or an analog or | ||||||
24 | derivative thereof, or (ii)
1,500 or more pills,
| ||||||
25 | tablets, caplets, capsules, or objects containing in | ||||||
26 | them or having upon them
any amount of a
substance |
| |||||||
| |||||||
1 | listed in paragraph (1), (2), (2.1), (3), (14.1), (19), | ||||||
2 | (20), (20.1),
(21), (25), or (26) of
subsection (d) of | ||||||
3 | Section 204, or an analog or derivative thereof;
| ||||||
4 | (8) 30 grams or more of any substance containing | ||||||
5 | pentazocine or any of
the salts, isomers and salts of | ||||||
6 | isomers of pentazocine, or an analog thereof;
| ||||||
7 | (9) 30 grams or more of any substance containing | ||||||
8 | methaqualone or any
of the salts, isomers and salts of | ||||||
9 | isomers of methaqualone;
| ||||||
10 | (10) 30 grams or more of any substance containing | ||||||
11 | phencyclidine or any
of the salts, isomers and salts of | ||||||
12 | isomers of phencyclidine (PCP);
| ||||||
13 | (10.5) 30 grams or more of any substance containing | ||||||
14 | ketamine or any of
the salts, isomers and salts of isomers | ||||||
15 | of ketamine;
| ||||||
16 | (11) 200 grams or more of any substance containing any | ||||||
17 | substance
classified as a narcotic drug in Schedules I or | ||||||
18 | II, or an analog thereof, which is not otherwise
included | ||||||
19 | in this subsection.
| ||||||
20 | (b) Any person sentenced with respect to violations of | ||||||
21 | paragraph (1),
(2), (3), (7), or (7.5) of subsection (a) | ||||||
22 | involving 100
grams or more of the
controlled substance named | ||||||
23 | therein, may in addition to the penalties
provided therein, be | ||||||
24 | fined an amount not to exceed $200,000 or the full
street value | ||||||
25 | of the controlled or counterfeit substances, whichever is
| ||||||
26 | greater. The term "street value" shall have the meaning
|
| |||||||
| |||||||
1 | ascribed in Section 110-5 of the Code of Criminal Procedure of | ||||||
2 | 1963. Any
person sentenced with respect to any other provision | ||||||
3 | of subsection (a), may
in addition to the penalties provided | ||||||
4 | therein, be fined an amount not to
exceed $200,000.
| ||||||
5 | (c) Any person who violates this Section with regard to an | ||||||
6 | amount
of a controlled substance other than methamphetamine or | ||||||
7 | counterfeit substance not set forth in
subsection (a) or (d) is | ||||||
8 | guilty of a Class 4 felony. The fine for a
violation punishable | ||||||
9 | under this subsection (c) shall not be more
than $25,000.
| ||||||
10 | (d) Any person who violates this Section with regard to any | ||||||
11 | amount of
anabolic steroid is guilty of a Class C misdemeanor
| ||||||
12 | for the first offense and a Class B misdemeanor for a | ||||||
13 | subsequent offense
committed within 2 years of a prior | ||||||
14 | conviction.
| ||||||
15 | (Source: P.A. 94-324, eff. 7-26-05; 94-556, eff. 9-11-05; | ||||||
16 | revised 8-19-05.)
| ||||||
17 | Section 1045. The Drug Paraphernalia Control Act is amended | ||||||
18 | by changing Section 4 as follows:
| ||||||
19 | (720 ILCS 600/4) (from Ch. 56 1/2, par. 2104)
| ||||||
20 | Sec. 4. Exemptions. This Act does not apply to:
| ||||||
21 | (a) Items used in the preparation, compounding,
| ||||||
22 | packaging, labeling, or other use of cannabis or a | ||||||
23 | controlled substance
as an incident to lawful research, | ||||||
24 | teaching, or chemical analysis and not for
sale.
|
| |||||||
| |||||||
1 | (b) Items historically and customarily used in | ||||||
2 | connection
with , the planting, propagating, cultivating, | ||||||
3 | growing, harvesting,
manufacturing, compounding, | ||||||
4 | converting, producing, processing, preparing,
testing, | ||||||
5 | analyzing, packaging, repackaging, storing, containing, | ||||||
6 | concealing,
injecting, ingesting, or inhaling of tobacco | ||||||
7 | or any other lawful substance.
| ||||||
8 | Items exempt under this subsection include, but are not | ||||||
9 | limited to, garden
hoes, rakes, sickles, baggies, tobacco | ||||||
10 | pipes, and cigarette-rolling papers.
| ||||||
11 | (c) Items listed in Section 2 of this Act which are | ||||||
12 | used for
decorative
purposes, when such items have been | ||||||
13 | rendered completely inoperable or incapable
of being used | ||||||
14 | for any illicit purpose prohibited by this Act.
| ||||||
15 | (d) A person who is legally authorized to possess | ||||||
16 | hypodermic syringes or
needles under the Hypodermic | ||||||
17 | Syringes and Needles Act.
| ||||||
18 | In determining whether or not a particular item is exempt under | ||||||
19 | this
Section
subsection , the trier of fact should consider, in | ||||||
20 | addition
to all other logically relevant factors, the | ||||||
21 | following:
| ||||||
22 | (1) the general, usual, customary, and historical use | ||||||
23 | to which the item
involved has been put;
| ||||||
24 | (2) expert evidence concerning the ordinary or | ||||||
25 | customary use of the item
and the effect of any peculiarity | ||||||
26 | in the design or engineering of the device
upon its |
| |||||||
| |||||||
1 | functioning;
| ||||||
2 | (3) any written instructions accompanying the delivery | ||||||
3 | of the item
concerning
the purposes or uses to which the | ||||||
4 | item can or may be put;
| ||||||
5 | (4) any oral instructions provided by the seller of the | ||||||
6 | item at the time
and place of sale or commercial delivery;
| ||||||
7 | (5) any national or local advertising concerning the | ||||||
8 | design, purpose
or use of the item involved, and the entire | ||||||
9 | context in which such advertising
occurs;
| ||||||
10 | (6) the manner, place and circumstances in which the | ||||||
11 | item was displayed
for sale, as well as any item or items | ||||||
12 | displayed for sale or otherwise
exhibited
upon the premises | ||||||
13 | where the sale was made;
| ||||||
14 | (7) whether the owner or anyone in control of the | ||||||
15 | object is a legitimate
supplier of like or related items to | ||||||
16 | the community, such as a licensed
distributor or dealer of | ||||||
17 | tobacco products;
| ||||||
18 | (8) the existence and scope of legitimate uses for the | ||||||
19 | object in the
community.
| ||||||
20 | (Source: P.A. 93-392, eff. 7-25-03; 93-526, eff. 8-12-03; | ||||||
21 | revised 9-22-03.)
| ||||||
22 | Section 1050. The Code of Criminal Procedure of 1963 is | ||||||
23 | amended by changing Sections 108-4, 108B-1, 108B-3, 108B-5, | ||||||
24 | 108B-11, 110-10, 112A-23, and 112A-28 as follows:
|
| |||||||
| |||||||
1 | (725 ILCS 5/108-4) (from Ch. 38, par. 108-4)
| ||||||
2 | Sec. 108-4. Issuance of search warrant.
| ||||||
3 | (a) All warrants upon written complaint shall state the | ||||||
4 | time
and date of issuance and be the warrants of the judge | ||||||
5 | issuing the same and
not the warrants of the court in which he | ||||||
6 | is then sitting and such warrants
need not bear the seal of the | ||||||
7 | court or clerk thereof. The complaint on
which the warrant is | ||||||
8 | issued need not be filed with the clerk of the court
nor with | ||||||
9 | the court if there is no clerk until the warrant has been | ||||||
10 | executed
or has been returned "not executed".
| ||||||
11 | The search warrant upon written complaint may be issued | ||||||
12 | electronically or
electromagnetically
by use of a facsimile | ||||||
13 | transmission machine and any such warrant shall have
the same | ||||||
14 | validity as a written search warrant.
| ||||||
15 | (b) Warrant upon oral testimony.
| ||||||
16 | (1) General rule. When the offense in connection with
| ||||||
17 | which a search warrant is sought constitutes terrorism or | ||||||
18 | any related offense
as defined in Article 29D of the | ||||||
19 | Criminal Code of 1961, and if the
circumstances make it | ||||||
20 | reasonable to dispense, in whole or in part, with a
written | ||||||
21 | affidavit, a judge may issue a warrant based upon sworn | ||||||
22 | testimony
communicated by telephone or other appropriate | ||||||
23 | means, including facsimile
transmission.
| ||||||
24 | (2) Application. The person who is requesting the | ||||||
25 | warrant shall prepare a
document to be known as a duplicate | ||||||
26 | original warrant and shall read such
duplicate original |
| |||||||
| |||||||
1 | warrant, verbatim, to the judge. The judge shall enter,
| ||||||
2 | verbatim, what is so read to the judge on a document to be | ||||||
3 | known
as the original warrant. The judge may direct that | ||||||
4 | the warrant be modified.
| ||||||
5 | (3) Issuance. If the judge is satisfied that the
| ||||||
6 | offense in connection with which the search warrant is | ||||||
7 | sought constitutes
terrorism or any related offense as | ||||||
8 | defined in Article 29D of the Criminal Code
of 1961, that | ||||||
9 | the circumstances are such as to make it reasonable to | ||||||
10 | dispense
with a written affidavit, and that grounds for the | ||||||
11 | application exist or that
there is probable cause to | ||||||
12 | believe that they exist, the judge shall order the
issuance | ||||||
13 | of a warrant by directing the person requesting the warrant | ||||||
14 | to sign
the judge's name on the duplicate original warrant. | ||||||
15 | The judge shall immediately
sign the original warrant and | ||||||
16 | enter on the face of the original warrant the
exact time | ||||||
17 | when the warrant was ordered to be issued. The finding of | ||||||
18 | probable
cause for a warrant upon oral testimony may be | ||||||
19 | based on the same kind of
evidence as is sufficient for a | ||||||
20 | warrant upon affidavit.
| ||||||
21 | (4) Recording and certification of testimony. When a
| ||||||
22 | caller informs the judge that the purpose of the call is to | ||||||
23 | request a warrant,
the judge shall immediately place under | ||||||
24 | oath each person whose testimony forms
a basis of the | ||||||
25 | application and each person applying for that warrant. If a
| ||||||
26 | voice recording device is available, the judge shall record |
| |||||||
| |||||||
1 | by means of the
device all of the call after the caller | ||||||
2 | informs the judge that the purpose of
the call is to | ||||||
3 | request a warrant, otherwise a stenographic or longhand | ||||||
4 | verbatim
record shall be made. If a voice recording device | ||||||
5 | is used or a stenographic
record made, the judge shall have | ||||||
6 | the record transcribed, shall certify the
accuracy of the | ||||||
7 | transcription, and shall file a copy of the original record | ||||||
8 | and
the transcription with the court. If a longhand | ||||||
9 | verbatim record is made, the
judge shall file a signed copy | ||||||
10 | with the court.
| ||||||
11 | (5) Contents. The contents of a warrant upon oral
| ||||||
12 | testimony shall be the same as the contents of a warrant | ||||||
13 | upon affidavit.
| ||||||
14 | (6) Additional rule for execution. The person who
| ||||||
15 | executes the warrant shall enter the exact time of | ||||||
16 | execution on the face of the
duplicate original warrant.
| ||||||
17 | (7) Motion to suppress based on failure to obtain a | ||||||
18 | written affidavit.
Evidence obtained pursuant to a warrant | ||||||
19 | issued under this subsection (b) is not
subject to a motion | ||||||
20 | to suppress on the ground that the circumstances were not
| ||||||
21 | such as to make it reasonable to dispense with a written | ||||||
22 | affidavit, absent a
finding of bad faith. All other grounds | ||||||
23 | to move to suppress are preserved.
| ||||||
24 | (8) This subsection (b) is inoperative on and after | ||||||
25 | January 1, 2005.
| ||||||
26 | (9) No evidence obtained pursuant to this subsection |
| |||||||
| |||||||
1 | (b) shall be
inadmissible
inadmissable in a court of law by | ||||||
2 | virtue of subdivision (8).
| ||||||
3 | (Source: P.A. 92-854, eff. 12-5-02; revised 10-12-05.)
| ||||||
4 | (725 ILCS 5/108B-1) (from Ch. 38, par. 108B-1)
| ||||||
5 | Sec. 108B-1. Definitions. For the purpose of this Article:
| ||||||
6 | (a) "Aggrieved person" means a person who was a party to | ||||||
7 | any intercepted
private communication or any person against
| ||||||
8 | whom the intercept was directed.
| ||||||
9 | (b) "Chief Judge" means, when referring to a judge | ||||||
10 | authorized to receive
application for, and to enter orders | ||||||
11 | authorizing, interceptions of private
communications, the | ||||||
12 | Chief Judge of the Circuit
Court wherein the application for | ||||||
13 | order of interception is filed, or a Circuit
Judge
designated | ||||||
14 | by the Chief Judge to enter these orders. In circuits other | ||||||
15 | than
the Cook County Circuit, "Chief Judge" also means, when | ||||||
16 | referring to a
judge authorized to receive application for, and | ||||||
17 | to enter orders
authorizing, interceptions of private
| ||||||
18 | communications, an Associate
Judge authorized by Supreme Court | ||||||
19 | Rule to try felony cases who is assigned
by the Chief Judge to | ||||||
20 | enter these orders. After assignment by the Chief
Judge, an | ||||||
21 | Associate Judge shall have plenary authority to issue orders
| ||||||
22 | without additional authorization for each specific application | ||||||
23 | made to him
by the State's Attorney until the time the
| ||||||
24 | Associate
Judge's power is rescinded by the Chief Judge.
| ||||||
25 | (c) "Communications common carrier" means any person |
| |||||||
| |||||||
1 | engaged as a common
carrier in the transmission of | ||||||
2 | communications by wire or radio,
not including radio | ||||||
3 | broadcasting.
| ||||||
4 | (d) "Contents" includes information obtained from
a | ||||||
5 | private
communication concerning the existence, substance,
| ||||||
6 | purport or meaning of the communication, or the identity of a | ||||||
7 | party of the
communication.
| ||||||
8 | (e) "Court of competent jurisdiction" means any circuit | ||||||
9 | court.
| ||||||
10 | (f) "Department" means Illinois Department of State | ||||||
11 | Police.
| ||||||
12 | (g) "Director" means Director of the Illinois Department of | ||||||
13 | State Police.
| ||||||
14 | (g-1) "Electronic communication" means any transfer of | ||||||
15 | signs, signals,
writing, images, sounds, data, or intelligence | ||||||
16 | of any nature transmitted in
whole or part by a wire, radio, | ||||||
17 | pager, computer, or electromagnetic, photo
electronic, or | ||||||
18 | photo optical system where the sending and receiving parties
| ||||||
19 | intend the electronic communication to be private and the | ||||||
20 | interception,
recording, or transcription of the electronic | ||||||
21 | communication is accomplished by
a device in a surreptitious | ||||||
22 | manner contrary to the provisions of this Article.
"Electronic | ||||||
23 | communication" does not include:
| ||||||
24 | (1) any wire or oral communication; or
| ||||||
25 | (2) any communication from a tracking device.
| ||||||
26 | (h) "Electronic criminal surveillance device" or |
| |||||||
| |||||||
1 | "eavesdropping device"
means any device or apparatus, or | ||||||
2 | computer program including an induction
coil, that can be used | ||||||
3 | to intercept private
communication other than:
| ||||||
4 | (1) Any telephone, telegraph or telecommunication | ||||||
5 | instrument, equipment
or facility, or any component of it, | ||||||
6 | furnished to the subscriber or user by
a communication | ||||||
7 | common carrier in the ordinary course of its business, or
| ||||||
8 | purchased by any person and being used by the subscriber, | ||||||
9 | user or person in
the ordinary course of his business, or | ||||||
10 | being used by a communications
common carrier in the | ||||||
11 | ordinary course of its business, or by an investigative
or | ||||||
12 | law enforcement officer in the ordinary course of his | ||||||
13 | duties; or
| ||||||
14 | (2) A hearing aid or similar device being used to | ||||||
15 | correct subnormal
hearing to not better than normal.
| ||||||
16 | (i) "Electronic criminal surveillance officer" means any | ||||||
17 | law enforcement
officer or retired law enforcement officer of | ||||||
18 | the United States or of the State
or political subdivision of
| ||||||
19 | it, or of another State, or of a political subdivision of it, | ||||||
20 | who is
certified by the Illinois Department of State Police to | ||||||
21 | intercept private
communications.
A retired law enforcement | ||||||
22 | officer may be certified by the Illinois State
Police only to | ||||||
23 | (i) prepare petitions for the authority to intercept private
| ||||||
24 | oral communications in accordance with the provisions of this | ||||||
25 | Act; (ii)
intercept and supervise the interception of private | ||||||
26 | oral communications;
(iii)
handle, safeguard, and use evidence |
| |||||||
| |||||||
1 | derived from such private oral
communications; and (iv) operate | ||||||
2 | and maintain equipment used to intercept
private oral
| ||||||
3 | communications.
| ||||||
4 | (j) "In-progress trace" means to determine the origin of a | ||||||
5 | wire
communication to a telephone or telegraph instrument, | ||||||
6 | equipment or facility
during the course of the communication.
| ||||||
7 | (k) "Intercept" means the aural or other acquisition of the | ||||||
8 | contents of
any private communication through the use of any
| ||||||
9 | electronic criminal
surveillance device.
| ||||||
10 | (l) "Journalist" means a person engaged in, connected with, | ||||||
11 | or employed
by news media, including newspapers, magazines, | ||||||
12 | press associations, news
agencies, wire services, radio, | ||||||
13 | television or other similar media, for the
purpose of | ||||||
14 | gathering, processing, transmitting, compiling, editing or
| ||||||
15 | disseminating news for the general public.
| ||||||
16 | (m) "Law enforcement agency" means any law enforcement | ||||||
17 | agency of the
United States, or the State or a political | ||||||
18 | subdivision of it.
| ||||||
19 | (n) "Oral communication" means human speech used to
| ||||||
20 | communicate by one
party to another, in person, by wire | ||||||
21 | communication or by any other means.
| ||||||
22 | (o) "Private communication" means a wire,
oral, or | ||||||
23 | electronic communication
uttered or transmitted by a person | ||||||
24 | exhibiting an expectation that the
communication is not
subject | ||||||
25 | to interception, under circumstances reasonably justifying the
| ||||||
26 | expectation. Circumstances that reasonably justify the |
| |||||||
| |||||||
1 | expectation that
a communication is not subject to interception | ||||||
2 | include the use of a
cordless telephone or cellular | ||||||
3 | communication device.
| ||||||
4 | (p) "Wire communication" means any human speech used to | ||||||
5 | communicate by
one party to another in whole or in part through | ||||||
6 | the use of facilities for
the transmission of communications by | ||||||
7 | wire, cable or other like
connection between the point of | ||||||
8 | origin and the point of reception
furnished or operated by a | ||||||
9 | communications common carrier.
| ||||||
10 | (q) "Privileged communications" means a private
| ||||||
11 | communication between:
| ||||||
12 | (1) a licensed and practicing physician and a patient | ||||||
13 | within the scope
of the profession of the physician;
| ||||||
14 | (2) a licensed and practicing psychologist to a patient | ||||||
15 | within the
scope of the profession of the psychologist;
| ||||||
16 | (3) a licensed and practicing attorney-at-law and a | ||||||
17 | client within the
scope of the profession of the lawyer;
| ||||||
18 | (4) a practicing clergyman and a confidant within the | ||||||
19 | scope of the
profession of the clergyman;
| ||||||
20 | (5) a practicing journalist within the scope of his | ||||||
21 | profession;
| ||||||
22 | (6) spouses within the scope of their marital | ||||||
23 | relationship; or
| ||||||
24 | (7) a licensed and practicing social worker to a client | ||||||
25 | within the
scope of the profession of the social worker.
| ||||||
26 | (r) "Retired law
enforcement officer" means a person: (1) |
| |||||||
| |||||||
1 | who is a graduate of a
police training institute or academy, | ||||||
2 | who after graduating served for
at least 15 consecutive years | ||||||
3 | as a sworn, full-time peace officer
qualified to carry firearms | ||||||
4 | for any federal or State department or
agency or for any unit | ||||||
5 | of local government of Illinois; (2) who has
retired as a | ||||||
6 | local, State, or federal peace officer in a
publicly created | ||||||
7 | peace officer retirement system; and (3) whose
service in law | ||||||
8 | enforcement was honorably terminated through
retirement or | ||||||
9 | disability and not as a result of discipline, suspension,
or | ||||||
10 | discharge.
| ||||||
11 | (Source: P.A. 92-854, eff. 12-5-02; 92-863, eff. 1-3-03; | ||||||
12 | revised 1-9-03.)
| ||||||
13 | (725 ILCS 5/108B-3) (from Ch. 38, par. 108B-3)
| ||||||
14 | Sec. 108B-3. Authorization for the interception of private
| ||||||
15 | communication. | ||||||
16 | (a) The State's Attorney, or a person
designated in writing | ||||||
17 | or
by law to act for him and to perform his duties during his | ||||||
18 | absence or
disability, may authorize, in writing, an ex parte | ||||||
19 | application to the chief
judge of a court of competent | ||||||
20 | jurisdiction for an order authorizing the
interception of a | ||||||
21 | private communication when no
party has consented to
the | ||||||
22 | interception and (i) the interception may provide evidence of, | ||||||
23 | or may
assist in the apprehension of a person who has | ||||||
24 | committed, is committing or
is about to commit, a violation of | ||||||
25 | Section 8-1.1 (solicitation of murder),
8-1.2 (solicitation of |
| |||||||
| |||||||
1 | murder for hire), 9-1 (first degree murder), or 29B-1
(money | ||||||
2 | laundering) of the Criminal Code of 1961,
Section 401, 401.1 | ||||||
3 | (controlled substance
trafficking), 405, 405.1 (criminal drug | ||||||
4 | conspiracy) or 407 of the Illinois
Controlled Substances Act or | ||||||
5 | any Section of the Methamphetamine Control and Community | ||||||
6 | Protection Act, a violation of Section 24-2.1, 24-2.2,
24-3,
| ||||||
7 | 24-3.1, 24-3.3, 24-3.4, 24-4, or 24-5 or subsection 24-1(a)(4), | ||||||
8 | 24-1(a)(6),
24-1(a)(7), 24-1(a)(9), 24-1(a)(10), or 24-1(c) of | ||||||
9 | the Criminal Code of 1961
or conspiracy to commit money | ||||||
10 | laundering or
conspiracy to commit first degree murder; (ii)
in | ||||||
11 | response to a clear and present danger of imminent death or | ||||||
12 | great bodily
harm to persons resulting from: (1) a kidnapping | ||||||
13 | or the holding of a
hostage by force or the threat of the | ||||||
14 | imminent use of force; or (2) the
occupation by force or the | ||||||
15 | threat of the imminent use of force of any
premises, place, | ||||||
16 | vehicle, vessel or aircraft; (iii) to aid an investigation
or | ||||||
17 | prosecution of a civil action brought under the Illinois | ||||||
18 | Streetgang
Terrorism Omnibus Prevention Act when there is | ||||||
19 | probable cause to
believe the
interception of the private | ||||||
20 | communication will
provide evidence that a
streetgang is | ||||||
21 | committing, has committed, or will commit a second or | ||||||
22 | subsequent
gang-related offense or that the interception of the | ||||||
23 | private
communication
will aid in the collection of a judgment | ||||||
24 | entered under that Act; or (iv)
upon
information and belief | ||||||
25 | that a streetgang has committed, is committing, or is
about to | ||||||
26 | commit a felony.
|
| |||||||
| |||||||
1 | (b) The State's Attorney or a person designated in writing | ||||||
2 | or by law to
act for the State's Attorney and to perform his or | ||||||
3 | her duties during his or her
absence or disability, may | ||||||
4 | authorize, in writing, an ex parte application to
the chief | ||||||
5 | judge of a circuit court for an order authorizing
the | ||||||
6 | interception of a private communication when no
party has | ||||||
7 | consented to the interception and the interception may provide
| ||||||
8 | evidence of, or may assist in the apprehension of a person who | ||||||
9 | has committed,
is committing or is about to commit, a violation | ||||||
10 | of an offense under Article
29D of the Criminal Code of 1961.
| ||||||
11 | (b-1) Subsection (b) is inoperative on and after January 1, | ||||||
12 | 2005.
| ||||||
13 | (b-2) No conversations recorded or monitored pursuant to | ||||||
14 | subsection (b)
shall be made inadmissible in a court of law by | ||||||
15 | virtue of subsection (b-1).
| ||||||
16 | (c) As used in this Section, "streetgang" and | ||||||
17 | "gang-related" have the
meanings ascribed to them in Section 10 | ||||||
18 | of the Illinois Streetgang Terrorism
Omnibus Prevention Act.
| ||||||
19 | (Source: P.A. 94-468, eff. 8-4-05; 94-556, eff. 9-11-05; | ||||||
20 | revised 8-19-05.)
| ||||||
21 | (725 ILCS 5/108B-5) (from Ch. 38, par. 108B-5)
| ||||||
22 | Sec. 108B-5. Requirements for order of interception.
| ||||||
23 | (a) Upon consideration of an application, the chief judge | ||||||
24 | may enter an
ex parte order, as requested or as modified, | ||||||
25 | authorizing the interception of
a private communication, if the |
| |||||||
| |||||||
1 | chief judge determines on the basis of the
application | ||||||
2 | submitted by the applicant, that:
| ||||||
3 | (1) There is probable cause for belief that (A)
(a) the | ||||||
4 | person
whose private communication is to be intercepted is | ||||||
5 | committing, has committed,
or is about to commit an offense | ||||||
6 | enumerated in Section 108B-3, or (B)
(b) the facilities | ||||||
7 | from which, or the place where, the private
communication | ||||||
8 | is to be intercepted, is, has been, or is about to be used | ||||||
9 | in
connection with the commission of the offense, or is | ||||||
10 | leased to, listed in the
name of, or commonly used by, the | ||||||
11 | person; and
| ||||||
12 | (2) There is probable cause for belief that a | ||||||
13 | particular private
communication concerning such offense | ||||||
14 | may be obtained through the interception;
and
| ||||||
15 | (3) Normal investigative procedures with respect to | ||||||
16 | the offense have been
tried and have failed or reasonably | ||||||
17 | appear to be unlikely to succeed if
tried or too dangerous | ||||||
18 | to employ; and
| ||||||
19 | (4) The electronic criminal surveillance officers to | ||||||
20 | be authorized to
supervise the interception of the private | ||||||
21 | communication have been certified by
the Department.
| ||||||
22 | (b) In the case of an application, other than for an | ||||||
23 | extension, for an
order to intercept a communication of a | ||||||
24 | person or on a wire communication
facility that was the subject | ||||||
25 | of a previous order authorizing interception,
the application | ||||||
26 | shall be based upon new evidence or information different from
|
| |||||||
| |||||||
1 | and in addition to the evidence or information offered to | ||||||
2 | support the prior
order, regardless of whether the evidence was | ||||||
3 | derived from prior interceptions
or from other sources.
| ||||||
4 | (c) The chief judge may authorize interception of a private
| ||||||
5 | communication anywhere in the judicial circuit. If the
court | ||||||
6 | authorizes
the use of an eavesdropping device with respect to a | ||||||
7 | vehicle, watercraft,
or aircraft that is within the judicial | ||||||
8 | circuit at the time the order is
issued, the order may provide | ||||||
9 | that the interception may continue anywhere
within the State if | ||||||
10 | the vehicle, watercraft, or aircraft leaves the
judicial | ||||||
11 | circuit.
| ||||||
12 | (Source: P.A. 92-854, eff. 12-5-02; revised 1-20-03.)
| ||||||
13 | (725 ILCS 5/108B-11) (from Ch. 38, par. 108B-11)
| ||||||
14 | Sec. 108B-11. Inventory.
| ||||||
15 | (a) Within a reasonable period of time but
not later than | ||||||
16 | 90 days after the termination of the period of the order,
or | ||||||
17 | its extensions, or the date of the denial of an application | ||||||
18 | made under
Section 108B-8, the chief judge issuing or denying | ||||||
19 | the order or extension shall
cause an inventory to be served on | ||||||
20 | any person:
| ||||||
21 | (1) named in the order;
| ||||||
22 | (2) arrested as a result of the interception of his | ||||||
23 | private communication;
| ||||||
24 | (3) indicted or otherwise charged as a result of the | ||||||
25 | interception of his
private communication;
|
| |||||||
| |||||||
1 | (4) Any person whose private communication was | ||||||
2 | intercepted and who
the judge issuing or denying the order | ||||||
3 | or application may in his discretion
determine should be | ||||||
4 | informed in the interest of justice.
| ||||||
5 | (b) The inventory under this Section shall include:
| ||||||
6 | (1) notice of the entry of the order or the application | ||||||
7 | for an order
denied under Section 108B-8;
| ||||||
8 | (2) the date of the entry of the order or the denial of | ||||||
9 | an order applied
for under Section 108B-8;
| ||||||
10 | (3) the period of authorized or disapproved | ||||||
11 | interception; and
| ||||||
12 | (4) the fact that during the period a private | ||||||
13 | communication was or
was not intercepted.
| ||||||
14 | (c) A court of competent jurisdiction, upon filing of a | ||||||
15 | motion, may
in its discretion make available to those persons | ||||||
16 | or their attorneys for
inspection those portions of the | ||||||
17 | intercepted communications, applications
and orders as the | ||||||
18 | court determines to be in the interest of justice.
| ||||||
19 | (d) On an ex parte showing of good cause to a court of | ||||||
20 | competent
jurisdiction, the serving of the inventories | ||||||
21 | required by this Section
may be postponed for a period not to | ||||||
22 | exceed 12 months.
| ||||||
23 | (Source: P.A. 92-854, eff. 12-5-02; revised 1-20-03.)
| ||||||
24 | (725 ILCS 5/110-10) (from Ch. 38, par. 110-10)
|
| |||||||
| |||||||
1 | Sec. 110-10. Conditions of bail bond.
| ||||||
2 | (a) If a person is released prior to conviction, either | ||||||
3 | upon payment of
bail security or on his or her own | ||||||
4 | recognizance, the conditions of the bail
bond shall be that he | ||||||
5 | or she will:
| ||||||
6 | (1) Appear to answer the charge in the court having | ||||||
7 | jurisdiction on
a day certain and thereafter as ordered by | ||||||
8 | the court until discharged or
final order of the court;
| ||||||
9 | (2) Submit himself or herself to the orders and process | ||||||
10 | of the court;
| ||||||
11 | (3) Not depart this State without leave of the court;
| ||||||
12 | (4) Not violate any criminal statute of any | ||||||
13 | jurisdiction;
| ||||||
14 | (5) At a time and place designated by the court, | ||||||
15 | surrender all firearms
in his or her possession to a law | ||||||
16 | enforcement officer designated by the court
to take custody | ||||||
17 | of and impound the firearms
and physically
surrender his or | ||||||
18 | her Firearm Owner's Identification Card to the clerk of the
| ||||||
19 | circuit court
when the offense the person has
been charged | ||||||
20 | with is a forcible felony, stalking, aggravated stalking, | ||||||
21 | domestic
battery, any violation of the Illinois Controlled | ||||||
22 | Substances Act, the Methamphetamine Control and Community | ||||||
23 | Protection Act, or the
Cannabis Control Act that is | ||||||
24 | classified as a Class 2 or greater felony, or any
felony | ||||||
25 | violation of Article 24 of the Criminal Code of 1961; the | ||||||
26 | court
may,
however, forgo the imposition of this condition |
| |||||||
| |||||||
1 | when the
circumstances of the
case clearly do not warrant | ||||||
2 | it or when its imposition would be
impractical;
all legally | ||||||
3 | possessed firearms shall be returned to the person upon
the | ||||||
4 | charges being dismissed, or if the person is found not | ||||||
5 | guilty, unless the
finding of not guilty is by reason of | ||||||
6 | insanity; and
| ||||||
7 | (6) At a time and place designated by the court, submit | ||||||
8 | to a
psychological
evaluation when the person has been | ||||||
9 | charged with a violation of item (4) of
subsection
(a) of | ||||||
10 | Section 24-1 of the Criminal Code of 1961 and that | ||||||
11 | violation occurred in
a school
or in any conveyance owned, | ||||||
12 | leased, or contracted by a school to transport
students to | ||||||
13 | or
from school or a school-related activity, or on any | ||||||
14 | public way within 1,000
feet of real
property comprising | ||||||
15 | any school.
| ||||||
16 | Psychological evaluations ordered pursuant to this Section | ||||||
17 | shall be completed
promptly
and made available to the State, | ||||||
18 | the defendant, and the court. As a further
condition of bail | ||||||
19 | under
these circumstances, the court shall order the defendant | ||||||
20 | to refrain from
entering upon the
property of the school, | ||||||
21 | including any conveyance owned, leased, or contracted
by a | ||||||
22 | school to
transport students to or from school or a | ||||||
23 | school-related activity, or on any public way within
1,000 feet | ||||||
24 | of real property comprising any school. Upon receipt of the | ||||||
25 | psychological evaluation,
either the State or the defendant may | ||||||
26 | request a change in the conditions of bail, pursuant to
Section |
| |||||||
| |||||||
1 | 110-6 of this Code. The court may change the conditions of bail | ||||||
2 | to include a
requirement that the defendant follow the | ||||||
3 | recommendations of the psychological evaluation,
including | ||||||
4 | undergoing psychiatric treatment. The conclusions of the
| ||||||
5 | psychological evaluation and
any statements elicited from the | ||||||
6 | defendant during its administration are not
admissible as | ||||||
7 | evidence
of guilt during the course of any trial on the charged | ||||||
8 | offense, unless the
defendant places his or her
mental | ||||||
9 | competency in issue.
| ||||||
10 | (b) The court may impose other conditions, such as the | ||||||
11 | following, if the
court finds that such conditions are | ||||||
12 | reasonably necessary to assure the
defendant's appearance in | ||||||
13 | court, protect the public from the defendant, or
prevent the | ||||||
14 | defendant's unlawful interference with the orderly | ||||||
15 | administration
of justice:
| ||||||
16 | (1) Report to or appear in person before such person or | ||||||
17 | agency as the
court may direct;
| ||||||
18 | (2) Refrain from possessing a firearm or other | ||||||
19 | dangerous weapon;
| ||||||
20 | (3) Refrain from approaching or communicating with | ||||||
21 | particular persons or
classes of persons;
| ||||||
22 | (4) Refrain from going to certain described | ||||||
23 | geographical areas or
premises;
| ||||||
24 | (5) Refrain from engaging in certain activities or | ||||||
25 | indulging in
intoxicating liquors or in certain drugs;
| ||||||
26 | (6) Undergo treatment for drug addiction or |
| |||||||
| |||||||
1 | alcoholism;
| ||||||
2 | (7) Undergo medical or psychiatric treatment;
| ||||||
3 | (8) Work or pursue a course of study or vocational | ||||||
4 | training;
| ||||||
5 | (9) Attend or reside in a facility designated by the | ||||||
6 | court;
| ||||||
7 | (10) Support his or her dependents;
| ||||||
8 | (11) If a minor resides with his or her parents or in a | ||||||
9 | foster home,
attend school, attend a non-residential | ||||||
10 | program for youths, and contribute
to his or her own | ||||||
11 | support at home or in a foster home;
| ||||||
12 | (12) Observe any curfew ordered by the court;
| ||||||
13 | (13) Remain in the custody of such designated person or | ||||||
14 | organization
agreeing to supervise his release. Such third | ||||||
15 | party custodian shall be
responsible for notifying the | ||||||
16 | court if the defendant fails to observe the
conditions of | ||||||
17 | release which the custodian has agreed to monitor, and | ||||||
18 | shall
be subject to contempt of court for failure so to | ||||||
19 | notify the court;
| ||||||
20 | (14) Be placed under direct supervision of the Pretrial | ||||||
21 | Services
Agency, Probation Department or Court Services | ||||||
22 | Department in a pretrial
bond home supervision capacity | ||||||
23 | with or without the use of an approved
electronic | ||||||
24 | monitoring device subject to Article 8A of Chapter V of the
| ||||||
25 | Unified Code of Corrections;
| ||||||
26 | (14.1) The court shall impose upon a defendant who is |
| |||||||
| |||||||
1 | charged with any
alcohol, cannabis, methamphetamine, or | ||||||
2 | controlled substance violation and is placed under
direct | ||||||
3 | supervision of the Pretrial Services Agency, Probation | ||||||
4 | Department or
Court Services Department in a pretrial bond | ||||||
5 | home supervision capacity with
the use of an approved | ||||||
6 | monitoring device, as a condition of such bail bond,
a fee | ||||||
7 | that represents costs incidental to the electronic | ||||||
8 | monitoring for each
day of such bail supervision ordered by | ||||||
9 | the
court, unless after determining the inability of the | ||||||
10 | defendant to pay the
fee, the court assesses a lesser fee | ||||||
11 | or no fee as the case may be. The fee
shall be collected by | ||||||
12 | the clerk of the circuit court. The clerk of the
circuit | ||||||
13 | court shall pay all monies collected from this fee to the | ||||||
14 | county
treasurer for deposit in the substance abuse | ||||||
15 | services fund under Section
5-1086.1 of the Counties Code;
| ||||||
16 | (14.2) The court shall impose upon all defendants, | ||||||
17 | including those
defendants subject to paragraph (14.1) | ||||||
18 | above, placed under direct supervision
of the Pretrial | ||||||
19 | Services Agency, Probation Department or Court Services
| ||||||
20 | Department in a pretrial bond home supervision capacity | ||||||
21 | with the use of an
approved monitoring device, as a | ||||||
22 | condition of such bail bond, a fee
which shall represent | ||||||
23 | costs incidental to such
electronic monitoring for each day | ||||||
24 | of such bail supervision ordered by the
court, unless after | ||||||
25 | determining the inability of the defendant to pay the fee,
| ||||||
26 | the court assesses a lesser fee or no fee as the case may |
| |||||||
| |||||||
1 | be. The fee shall be
collected by the clerk of the circuit | ||||||
2 | court. The clerk of the circuit court
shall pay all monies | ||||||
3 | collected from this fee to the county treasurer who shall
| ||||||
4 | use the monies collected to defray the costs of | ||||||
5 | corrections. The county
treasurer shall deposit the fee | ||||||
6 | collected in the county working cash fund under
Section | ||||||
7 | 6-27001 or Section 6-29002 of the Counties Code, as the | ||||||
8 | case may
be;
| ||||||
9 | (14.3) The Chief Judge of the Judicial Circuit may | ||||||
10 | establish reasonable
fees to be paid by a person receiving | ||||||
11 | pretrial services while under supervision
of a pretrial | ||||||
12 | services agency, probation department, or court services
| ||||||
13 | department. Reasonable fees may be charged for pretrial | ||||||
14 | services
including, but not limited to, pretrial | ||||||
15 | supervision, diversion programs,
electronic monitoring, | ||||||
16 | victim impact services, drug and alcohol testing, and
| ||||||
17 | victim mediation services. The person receiving pretrial | ||||||
18 | services may be
ordered to pay all costs incidental to | ||||||
19 | pretrial services in accordance with his
or her ability to | ||||||
20 | pay those costs;
| ||||||
21 | (14.4) For persons charged with violating Section | ||||||
22 | 11-501 of the Illinois
Vehicle Code, refrain from operating | ||||||
23 | a motor vehicle not equipped with an
ignition interlock | ||||||
24 | device, as defined in Section 1-129.1 of the Illinois
| ||||||
25 | Vehicle Code,
pursuant to the rules promulgated by the | ||||||
26 | Secretary of State for the
installation of ignition
|
| |||||||
| |||||||
1 | interlock devices. Under this condition the court may allow | ||||||
2 | a defendant who is
not
self-employed to operate a vehicle | ||||||
3 | owned by the defendant's employer that is
not equipped with | ||||||
4 | an ignition interlock device in the course and scope of the
| ||||||
5 | defendant's employment;
| ||||||
6 | (15) Comply with the terms and conditions of an order | ||||||
7 | of protection
issued by the court under the Illinois | ||||||
8 | Domestic Violence Act of 1986 or an
order of protection | ||||||
9 | issued by the court of another state, tribe, or United
| ||||||
10 | States territory;
| ||||||
11 | (16) Under Section 110-6.5 comply with the conditions | ||||||
12 | of the drug testing
program; and
| ||||||
13 | (17) Such other reasonable conditions as the court may | ||||||
14 | impose.
| ||||||
15 | (c) When a person is charged with an offense under Section | ||||||
16 | 12-13, 12-14,
12-14.1,
12-15 or 12-16 of the "Criminal Code of | ||||||
17 | 1961", involving a victim who is a
minor under 18 years of age | ||||||
18 | living in the same household with the defendant
at the time of | ||||||
19 | the offense, in granting bail or releasing the defendant on
his | ||||||
20 | own recognizance, the judge shall impose conditions to restrict | ||||||
21 | the
defendant's access to the victim which may include, but are | ||||||
22 | not limited to
conditions that he will:
| ||||||
23 | 1. Vacate the Household.
| ||||||
24 | 2. Make payment of temporary support to his dependents.
| ||||||
25 | 3. Refrain from contact or communication with the child | ||||||
26 | victim, except
as ordered by the court.
|
| |||||||
| |||||||
1 | (d) When a person is charged with a criminal offense and | ||||||
2 | the victim is
a family or household member as defined in | ||||||
3 | Article 112A, conditions shall
be imposed at the time of the | ||||||
4 | defendant's release on bond that restrict the
defendant's | ||||||
5 | access to the victim.
Unless provided otherwise by the court, | ||||||
6 | the
restrictions shall include
requirements that the defendant | ||||||
7 | do the following:
| ||||||
8 | (1) refrain from contact or communication with the | ||||||
9 | victim for a
minimum period of 72 hours following the | ||||||
10 | defendant's release; and
| ||||||
11 | (2) refrain from entering or remaining at the victim's | ||||||
12 | residence for a
minimum period of 72 hours following the | ||||||
13 | defendant's release.
| ||||||
14 | (e) Local law enforcement agencies shall develop | ||||||
15 | standardized bond forms
for use in cases involving family or | ||||||
16 | household members as defined in
Article 112A, including | ||||||
17 | specific conditions of bond as provided in
subsection (d). | ||||||
18 | Failure of any law enforcement department to develop or use
| ||||||
19 | those forms shall in no way limit the applicability and | ||||||
20 | enforcement of
subsections (d) and (f).
| ||||||
21 | (f) If the defendant is admitted to bail after conviction | ||||||
22 | the
conditions of the bail bond shall be that he will, in | ||||||
23 | addition to the
conditions set forth in subsections (a) and (b) | ||||||
24 | hereof:
| ||||||
25 | (1) Duly prosecute his appeal;
| ||||||
26 | (2) Appear at such time and place as the court may |
| |||||||
| |||||||
1 | direct;
| ||||||
2 | (3) Not depart this State without leave of the court;
| ||||||
3 | (4) Comply with such other reasonable conditions as the | ||||||
4 | court may
impose; and
| ||||||
5 | (5) If the judgment is affirmed or the cause reversed | ||||||
6 | and remanded
for a new trial, forthwith surrender to the | ||||||
7 | officer from whose custody
he was bailed.
| ||||||
8 | (g) Upon a finding of guilty for any felony offense, the | ||||||
9 | defendant shall
physically surrender, at a time and place | ||||||
10 | designated by the court,
any and all firearms in his or her | ||||||
11 | possession and his or her Firearm Owner's
Identification Card | ||||||
12 | as a condition of remaining on bond pending sentencing.
| ||||||
13 | (Source: P.A. 93-184, eff. 1-1-04; 94-556, eff. 9-11-05; | ||||||
14 | 94-590, eff. 1-1-06; revised 8-19-05.)
| ||||||
15 | (725 ILCS 5/112A-23) (from Ch. 38, par. 112A-23)
| ||||||
16 | Sec. 112A-23. Enforcement of orders of protection.
| ||||||
17 | (a) When violation is crime. A violation of any order of | ||||||
18 | protection,
whether issued in a civil, quasi-criminal | ||||||
19 | proceeding, shall be
enforced by a
criminal court when:
| ||||||
20 | (1) The respondent commits the crime of violation of an | ||||||
21 | order of
protection pursuant to Section 12-30 of the | ||||||
22 | Criminal Code of
1961, by
having knowingly violated:
| ||||||
23 | (i) remedies described in paragraphs (1), (2), | ||||||
24 | (3), (14),
or
(14.5)
of subsection (b) of Section | ||||||
25 | 112A-14,
|
| |||||||
| |||||||
1 | (ii) a remedy, which is substantially similar to | ||||||
2 | the remedies
authorized
under paragraphs (1), (2), | ||||||
3 | (3), (14) or (14.5) of subsection (b) of Section 214
of | ||||||
4 | the Illinois Domestic Violence Act of 1986, in a valid | ||||||
5 | order of protection,
which is authorized under the laws | ||||||
6 | of another state, tribe or United States
territory,
| ||||||
7 | (iii) or any other remedy when the act
constitutes | ||||||
8 | a crime against the protected parties as defined by the | ||||||
9 | Criminal
Code of 1961.
| ||||||
10 | Prosecution for a violation of an order of protection shall
| ||||||
11 | not bar concurrent prosecution for any other crime, including | ||||||
12 | any crime
that may have been committed at the time of the | ||||||
13 | violation of the order
of protection; or
| ||||||
14 | (2) The respondent commits the crime of child abduction | ||||||
15 | pursuant
to Section 10-5 of the Criminal Code of 1961, by | ||||||
16 | having knowingly violated:
| ||||||
17 | (i) remedies described in paragraphs (5), (6) or | ||||||
18 | (8) of subsection
(b)
of
Section 112A-14, or
| ||||||
19 | (ii) a remedy, which is substantially similar to | ||||||
20 | the remedies
authorized
under paragraphs (1),
(5), | ||||||
21 | (6), or (8) of subsection (b) of Section 214
of the | ||||||
22 | Illinois Domestic Violence Act of 1986, in a valid | ||||||
23 | order of protection,
which is authorized under the laws | ||||||
24 | of another state, tribe or United States
territory.
| ||||||
25 | (b) When violation is contempt of court. A violation of any | ||||||
26 | valid order of protection, whether issued in a civil or |
| |||||||
| |||||||
1 | criminal
proceeding, may be enforced through civil or criminal | ||||||
2 | contempt procedures,
as appropriate, by any court with | ||||||
3 | jurisdiction, regardless where the act or
acts which violated | ||||||
4 | the order of protection were committed, to the extent
| ||||||
5 | consistent with the venue provisions of this Article. Nothing | ||||||
6 | in this
Article shall preclude any Illinois court from | ||||||
7 | enforcing any valid order of
protection issued in another | ||||||
8 | state. Illinois courts may enforce orders of
protection through | ||||||
9 | both criminal prosecution and contempt proceedings,
unless the | ||||||
10 | action which is second in time is barred by collateral estoppel
| ||||||
11 | or the constitutional prohibition against double jeopardy.
| ||||||
12 | (1) In a contempt proceeding where the petition for a | ||||||
13 | rule to show
cause sets forth facts evidencing an immediate | ||||||
14 | danger that the
respondent will flee the jurisdiction, | ||||||
15 | conceal a child, or inflict physical
abuse on the | ||||||
16 | petitioner or minor children or on dependent adults in
| ||||||
17 | petitioner's care, the court may order the
attachment of | ||||||
18 | the respondent without prior service of the rule to show
| ||||||
19 | cause or the petition for a rule to show cause. Bond shall | ||||||
20 | be set unless
specifically denied in writing.
| ||||||
21 | (2) A petition for a rule to show cause for violation | ||||||
22 | of an order of
protection shall be treated as an expedited | ||||||
23 | proceeding.
| ||||||
24 | (c) Violation of custody or support orders. A violation of | ||||||
25 | remedies
described in paragraphs (5), (6), (8), or (9) of | ||||||
26 | subsection (b) of Section
112A-14 may be enforced by any remedy |
| |||||||
| |||||||
1 | provided by Section 611 of
the Illinois Marriage and | ||||||
2 | Dissolution of Marriage Act. The court may
enforce any order | ||||||
3 | for support issued under paragraph (12) of subsection (b)
of | ||||||
4 | Section 112A-14 in the manner provided for under Parts
Articles
| ||||||
5 | V and VII of the
Illinois Marriage and Dissolution of Marriage | ||||||
6 | Act.
| ||||||
7 | (d) Actual knowledge. An order of protection may be
| ||||||
8 | enforced pursuant to this Section if the respondent violates | ||||||
9 | the order
after respondent has actual knowledge of its contents
| ||||||
10 | as shown through one of the following means:
| ||||||
11 | (1) By service, delivery, or notice under Section | ||||||
12 | 112A-10.
| ||||||
13 | (2) By notice under Section 112A-11.
| ||||||
14 | (3) By service of an order of protection under Section | ||||||
15 | 112A-22.
| ||||||
16 | (4) By other means demonstrating actual knowledge of | ||||||
17 | the contents of the order.
| ||||||
18 | (e) The enforcement of an order of protection in civil or | ||||||
19 | criminal court
shall not be affected by either of the | ||||||
20 | following:
| ||||||
21 | (1) The existence of a separate, correlative order | ||||||
22 | entered under Section
112A-15.
| ||||||
23 | (2) Any finding or order entered in a conjoined | ||||||
24 | criminal proceeding.
| ||||||
25 | (f) Circumstances. The court, when determining whether or | ||||||
26 | not a
violation of an order of protection has occurred, shall |
| |||||||
| |||||||
1 | not require
physical manifestations of abuse on the person of | ||||||
2 | the victim.
| ||||||
3 | (g) Penalties.
| ||||||
4 | (1) Except as provided in paragraph (3) of this
| ||||||
5 | subsection, where the court finds the commission of a crime | ||||||
6 | or contempt of
court under subsections (a) or (b) of this | ||||||
7 | Section, the penalty shall be
the penalty that generally | ||||||
8 | applies in such criminal or contempt
proceedings, and may | ||||||
9 | include one or more of the following: incarceration,
| ||||||
10 | payment of restitution, a fine, payment of attorneys' fees | ||||||
11 | and costs, or
community service.
| ||||||
12 | (2) The court shall hear and take into account evidence | ||||||
13 | of any factors
in aggravation or mitigation before deciding | ||||||
14 | an appropriate penalty under
paragraph (1) of this | ||||||
15 | subsection.
| ||||||
16 | (3) To the extent permitted by law, the court is | ||||||
17 | encouraged to:
| ||||||
18 | (i) increase the penalty for the knowing violation | ||||||
19 | of
any order of protection over any penalty previously | ||||||
20 | imposed by any court
for respondent's violation of any | ||||||
21 | order of protection or penal statute
involving | ||||||
22 | petitioner as victim and respondent as defendant;
| ||||||
23 | (ii) impose a minimum penalty of 24 hours | ||||||
24 | imprisonment for respondent's
first violation of any | ||||||
25 | order of protection; and
| ||||||
26 | (iii) impose a minimum penalty of 48 hours |
| |||||||
| |||||||
1 | imprisonment for
respondent's second or subsequent | ||||||
2 | violation of an order of protection
| ||||||
3 | unless the court explicitly finds that an increased penalty | ||||||
4 | or that
period of imprisonment would be manifestly unjust.
| ||||||
5 | (4) In addition to any other penalties imposed for a | ||||||
6 | violation of an
order of protection, a criminal court may | ||||||
7 | consider evidence of any
violations of an order of | ||||||
8 | protection:
| ||||||
9 | (i) to increase, revoke or modify the bail bond on | ||||||
10 | an underlying
criminal charge pursuant to Section | ||||||
11 | 110-6;
| ||||||
12 | (ii) to revoke or modify an order of probation, | ||||||
13 | conditional discharge or
supervision, pursuant to | ||||||
14 | Section 5-6-4 of the Unified Code of Corrections;
| ||||||
15 | (iii) to revoke or modify a sentence of periodic | ||||||
16 | imprisonment, pursuant
to Section 5-7-2 of the Unified | ||||||
17 | Code of Corrections.
| ||||||
18 | (Source: P.A. 93-359, eff. 1-1-04; revised 10-11-05.)
| ||||||
19 | (725 ILCS 5/112A-28) (from Ch. 38, par. 112A-28)
| ||||||
20 | Sec. 112A-28. Data maintenance by law enforcement | ||||||
21 | agencies.
| ||||||
22 | (a) All sheriffs shall furnish to the Department of State | ||||||
23 | Police, daily, in
the form and detail the Department requires, | ||||||
24 | copies of any recorded orders of
protection issued by the | ||||||
25 | court, and any foreign orders of protection filed by
the clerk |
| |||||||
| |||||||
1 | of the court, and transmitted to the sheriff by the clerk of | ||||||
2 | the
court pursuant to subsection (b) of Section 112A-22 of this | ||||||
3 | Act. Each order of
protection shall be entered in the Law | ||||||
4 | Enforcement Agencies
Automated
Data System on the same day it | ||||||
5 | is issued by the court. If an emergency order
of protection was | ||||||
6 | issued in accordance with subsection (c) of Section 112A-17,
| ||||||
7 | the order shall be entered in the Law Enforcement Agencies
| ||||||
8 | Automated
Data System as soon as possible after receipt from | ||||||
9 | the clerk.
| ||||||
10 | (b) The Department of State Police shall maintain a | ||||||
11 | complete and systematic
record and index of all valid and | ||||||
12 | recorded orders of protection issued or
filed pursuant to this | ||||||
13 | Act. The data shall be used to inform all dispatchers
and law | ||||||
14 | enforcement officers at the scene of an alleged incident of | ||||||
15 | abuse or
violation of an order of protection of any recorded | ||||||
16 | prior incident of abuse
involving the abused party and the | ||||||
17 | effective dates and terms of any recorded
order of protection.
| ||||||
18 | (c) The data, records and transmittals required under this | ||||||
19 | Section shall
pertain to any valid emergency, interim or | ||||||
20 | plenary order of protection,
whether issued in a civil or | ||||||
21 | criminal proceeding or authorized under the laws
of another | ||||||
22 | state, tribe, or United States territory.
| ||||||
23 | (Source: P.A. 90-392, eff. 1-1-98; 91-903, eff. 1-1-01; revised | ||||||
24 | 2-17-03.)
| ||||||
25 | Section 1055. The Capital Crimes Litigation Act is amended |
| |||||||
| |||||||
1 | by changing Section 19 as follows: | ||||||
2 | (725 ILCS 124/19)
| ||||||
3 | Sec. 19. Report ; repeal .
| ||||||
4 | (a) The Cook County Public Defender, the Cook County | ||||||
5 | State's
Attorney, the State Appellate Defender, the State's | ||||||
6 | Attorneys
Appellate Prosecutor, and the Attorney General shall | ||||||
7 | each report
separately to the General Assembly by January 1, | ||||||
8 | 2004 detailing the
amounts of money received by them through | ||||||
9 | this Act, the uses for
which those funds were expended, the | ||||||
10 | balances then in the Capital
Litigation Trust Fund or county | ||||||
11 | accounts, as the case may be,
dedicated to them for the use and | ||||||
12 | support of Public Defenders, appointed trial
defense counsel, | ||||||
13 | and State's Attorneys, as the case may be. The
report shall | ||||||
14 | describe and discuss the need for continued funding
through the | ||||||
15 | Fund and contain any suggestions for changes to this Act.
| ||||||
16 | (b) (Blank).
| ||||||
17 | (Source: P.A. 93-605, eff. 11-19-03; revised 12-9-03.)
| ||||||
18 | Section 1060. The Pretrial Services Act is amended by | ||||||
19 | changing Section 33 as follows:
| ||||||
20 | (725 ILCS 185/33) (from Ch. 38, par. 333)
| ||||||
21 | Sec. 33. The Supreme Court shall pay from funds | ||||||
22 | appropriated to it for this purpose
100% of all approved costs | ||||||
23 | for pretrial services, including pretrial
services officers, |
| |||||||
| |||||||
1 | necessary support personnel, travel costs reasonably
related | ||||||
2 | to the delivery of pretrial services, space costs, equipment,
| ||||||
3 | telecommunications, postage, commodities, printing and | ||||||
4 | contractual
services. Costs shall be reimbursed monthly, based | ||||||
5 | on a plan and budget
approved by the Supreme Court. No
| ||||||
6 | department may be reimbursed for costs which exceed or are not | ||||||
7 | provided for
in the approved plan and budget.
For State fiscal | ||||||
8 | years 2004, 2005, and 2006, and 2007 only, the Mandatory | ||||||
9 | Arbitration Fund may be used
to
reimburse approved costs for | ||||||
10 | pretrial services.
| ||||||
11 | (Source: P.A. 93-25, eff. 6-20-03; 93-839, eff. 7-30-04; 94-91, | ||||||
12 | eff. 7-1-05; 94-839, eff. 6-6-06; revised 8-3-06.)
| ||||||
13 | Section 1065. The Sexually Violent Persons Commitment Act | ||||||
14 | is amended by changing Section 90 as follows:
| ||||||
15 | (725 ILCS 207/90)
| ||||||
16 | Sec. 90. Committed persons ability to pay for services.
| ||||||
17 | Each person committed or detained under this Act who receives | ||||||
18 | services
provided directly or funded by the Department and the | ||||||
19 | estate of that person is
liable for the payment of sums | ||||||
20 | representing charges for services to the person
at a rate to be | ||||||
21 | determined by the Department. Services charges against that
| ||||||
22 | person take effect on the date of admission or the effective | ||||||
23 | date of this
Section. The Department in its rules may establish | ||||||
24 | a maximum
rate for the cost of services. In the case of any |
| |||||||
| |||||||
1 | person who has received
residential services from the | ||||||
2 | Department, whether directly from the Department
or through a | ||||||
3 | public or
private agency or entity funded by the Department, | ||||||
4 | the liability shall be the
same regardless of the source of | ||||||
5 | services. When the person is placed in a
facility outside the | ||||||
6 | Department, the facility shall collect reimbursement from
the | ||||||
7 | person. The Department may supplement the contribution of the | ||||||
8 | person to
private facilities after all other sources of income | ||||||
9 | have been utilized;
however the supplement shall not exceed the | ||||||
10 | allowable rate under Title XVIII
or Title XIX of the Federal | ||||||
11 | Social Security Act for those persons eligible for
those | ||||||
12 | respective programs. The Department may pay the actual costs of | ||||||
13 | services
or maintenance in the facility and may collect | ||||||
14 | reimbursement for the entire
amount paid from the person or an | ||||||
15 | amount not to exceed the maximum. Lesser or
greater amounts may | ||||||
16 | be accepted by the Department when conditions warrant that
| ||||||
17 | action or when offered by persons not liable under this Act. | ||||||
18 | Nothing in this
Section shall preclude the Department from | ||||||
19 | applying federal benefits that are
specifically provided for | ||||||
20 | the care and treatment of a disabled person toward
the cost of | ||||||
21 | care provided by a State facility or private agency. The
| ||||||
22 | Department
may investigate the financial condition of each
| ||||||
23 | person committed under this Act, may make determinations of the | ||||||
24 | ability of each
such person to pay sums representing services | ||||||
25 | charges, and for those purposes
may set a standard as a basis | ||||||
26 | of judgment of ability to pay. The Department
shall by rule |
| |||||||
| |||||||
1 | make provisions for unusual and exceptional circumstances in | ||||||
2 | the
application of that standard. The Department may issue to | ||||||
3 | any person liable
under this Act a statement of amount due as | ||||||
4 | treatment charges requiring him or
her to
pay monthly, | ||||||
5 | quarterly, or otherwise as may be arranged, an amount not
| ||||||
6 | exceeding that required under this Act, plus fees to which the | ||||||
7 | Department may
be entitled under this Act.
| ||||||
8 | (a) Whenever an individual is covered, in part or in whole, | ||||||
9 | under any type
of insurance arrangement, private or public, for | ||||||
10 | services provided by the
Department, the proceeds from the | ||||||
11 | insurance shall be considered as part of the
individual's | ||||||
12 | ability to pay notwithstanding that the insurance contract was
| ||||||
13 | entered into by a person other than the individual or that the
| ||||||
14 | premiums for the insurance were paid for by a person other than | ||||||
15 | the
individual. Remittances from intermediary agencies under | ||||||
16 | Title XVIII of the
Federal
Social Security Act for services to | ||||||
17 | committed persons shall be deposited with
the State Treasurer | ||||||
18 | and placed in the Mental Health Fund. Payments received
from | ||||||
19 | the Department of Healthcare and Family Services
Public Aid
| ||||||
20 | under Title XIX of the Federal Social
Security Act for services | ||||||
21 | to those persons shall be deposited with the State
Treasurer | ||||||
22 | and shall be placed in the General Revenue Fund.
| ||||||
23 | (b) Any person who has been issued a Notice of | ||||||
24 | Determination of sums due as
services charges may petition the | ||||||
25 | Department for a review of that
determination. The petition | ||||||
26 | must be in writing and filed with the Department
within 90 days |
| |||||||
| |||||||
1 | from the date of the Notice of Determination. The Department
| ||||||
2 | shall provide for a hearing to be held on the charges for the | ||||||
3 | period covered by
the petition. The Department may after the | ||||||
4 | hearing, cancel, modify, or
increase the former determination | ||||||
5 | to an amount not to exceed the maximum
provided for the person | ||||||
6 | by this Act. The Department at its expense shall take
testimony | ||||||
7 | and preserve a record of all proceedings at the hearing upon | ||||||
8 | any
petition for a release from or modification of the | ||||||
9 | determination. The
petition and other documents in the nature | ||||||
10 | of pleadings and motions filed in
the case, a transcript of | ||||||
11 | testimony, findings of the Department, and orders of
the | ||||||
12 | Secretary constitute the record. The Secretary shall furnish a | ||||||
13 | transcript
of the record to any person upon payment of 75¢ per | ||||||
14 | page for each
original transcript and 25¢ per page for each | ||||||
15 | copy of the transcript. Any
person
aggrieved by the decision of | ||||||
16 | the Department upon a hearing may, within 30
days thereafter, | ||||||
17 | file a petition with the Department for review of the
decision | ||||||
18 | by the Board of Reimbursement Appeals established in the Mental | ||||||
19 | Health
and Developmental Disabilities Code. The Board of | ||||||
20 | Reimbursement Appeals may
approve action taken by the | ||||||
21 | Department or may remand the case to the Secretary
with | ||||||
22 | recommendation for redetermination of charges.
| ||||||
23 | (c) Upon receiving a petition for review under subsection | ||||||
24 | (b) of this
Section, the Department shall thereupon
notify the | ||||||
25 | Board of Reimbursement Appeals which shall render its decision
| ||||||
26 | thereon within 30 days after the petition is filed and certify |
| |||||||
| |||||||
1 | such decision to
the Department. Concurrence of a majority of | ||||||
2 | the Board is necessary in any
such decision. Upon request of | ||||||
3 | the Department, the State's Attorney of the
county in which a | ||||||
4 | client who is liable under this Act for payment of sums
| ||||||
5 | representing services charges resides, shall institute | ||||||
6 | appropriate legal action
against any such client, or within the | ||||||
7 | time provided by law shall file a
claim against the estate of | ||||||
8 | the client who fails or refuses to pay those
charges. The court | ||||||
9 | shall order the payment of sums due for services charges
for | ||||||
10 | such period or periods of time as the circumstances require. | ||||||
11 | The order
may be entered against any defendant and may be based | ||||||
12 | upon the proportionate
ability of each defendant to contribute | ||||||
13 | to the payment of sums representing
services charges including | ||||||
14 | the actual charges for services in facilities
outside
the | ||||||
15 | Department where the Department has paid those charges. Orders | ||||||
16 | for the
payment of money may be enforced by attachment as for | ||||||
17 | contempt against the
persons of the defendants and, in | ||||||
18 | addition, as other judgments for the payment
of money, and | ||||||
19 | costs may be adjudged against the defendants and apportioned
| ||||||
20 | among them.
| ||||||
21 | (d) The money collected shall be deposited into the Mental | ||||||
22 | Health Fund.
| ||||||
23 | (Source: P.A. 90-793, eff. 8-14-98; revised 12-15-05.)
| ||||||
24 | Section 1070. The Unified Code of Corrections is amended by | ||||||
25 | changing Sections 3-3-10, 3-5-4, 5-2-4, 5-4-1, 5-5-3, 5-5-6, |
| |||||||
| |||||||
1 | 5-6-3, 5-6-3.1, 5-8-1.3, 5-9-1.2, and 5-9-1.7 and by setting | ||||||
2 | forth, renumbering, and changing multiple versions of Article | ||||||
3 | 17 of Chapter III and Section 5-9-1.12 as follows:
| ||||||
4 | (730 ILCS 5/3-3-10) (from Ch. 38, par. 1003-3-10)
| ||||||
5 | Sec. 3-3-10. Eligibility after Revocation; Release under
| ||||||
6 | Supervision.
| ||||||
7 | (a) A person whose parole or mandatory supervised release
| ||||||
8 | has been revoked may be reparoled or rereleased by the
Board at | ||||||
9 | any time to the full parole or mandatory supervised
release | ||||||
10 | term under Section 3-3-8, except that the time which
the person | ||||||
11 | shall remain subject to the Board shall not exceed
(1) the | ||||||
12 | imposed maximum term of imprisonment or confinement
and the | ||||||
13 | parole term for those sentenced under the law in
effect prior | ||||||
14 | to the effective date of this amendatory Act of
1977 or (2) the | ||||||
15 | term of imprisonment imposed by the court and
the mandatory | ||||||
16 | supervised release term for those sentenced
under the law in | ||||||
17 | effect on and after such effective date.
| ||||||
18 | (b) If the Board sets no earlier release date:
| ||||||
19 | (1) A person sentenced for any violation of law which
| ||||||
20 | occurred before January 1, 1973, shall be released under
| ||||||
21 | supervision 6 months prior to the expiration of his maximum
| ||||||
22 | sentence of imprisonment less good time credit under | ||||||
23 | Section
3-6-3 . ;
| ||||||
24 | (2) Any person who has violated the conditions of his
| ||||||
25 | parole and been reconfined under Section 3-3-9 shall be
|
| |||||||
| |||||||
1 | released under supervision 6 months prior to the expiration
| ||||||
2 | of the term of his reconfinement under paragraph (a) of
| ||||||
3 | Section 3-3-9 less good time credit under Section 3-6-3.
| ||||||
4 | This paragraph shall not apply to persons serving terms of
| ||||||
5 | mandatory supervised release.
| ||||||
6 | (3) Nothing herein shall require the release of a | ||||||
7 | person
who has violated his parole within 6 months of the | ||||||
8 | date when
his release under this Section would otherwise be | ||||||
9 | mandatory.
| ||||||
10 | (c) Persons released under this Section shall be subject
to | ||||||
11 | Sections 3-3-6, 3-3-7, 3-3-9, 3-14-1, 3-14-2, 3-14-2.5,
| ||||||
12 | 3-14-3, and
3-14-4.
| ||||||
13 | (Source: P.A. 94-165, eff. 7-11-05; revised 8-29-05.)
| ||||||
14 | (730 ILCS 5/3-5-4)
| ||||||
15 | Sec. 3-5-4. Exchange of information for child support
| ||||||
16 | enforcement.
| ||||||
17 | (a) The Department shall exchange with the Illinois
| ||||||
18 | Department of Healthcare and Family Services
Public Aid
| ||||||
19 | information that
may be necessary for the enforcement of child | ||||||
20 | support orders
entered pursuant to the Illinois Public Aid | ||||||
21 | Code, the Illinois
Marriage and Dissolution of Marriage Act, | ||||||
22 | the Non-Support of
Spouse and Children Act, the Non-Support | ||||||
23 | Punishment Act, the Revised
Uniform Reciprocal Enforcement of | ||||||
24 | Support
Act, the Uniform Interstate Family Support
Act, or the | ||||||
25 | Illinois Parentage Act of 1984.
|
| |||||||
| |||||||
1 | (b) Notwithstanding any provisions in this Code to the
| ||||||
2 | contrary, the Department shall not be liable
to any person for | ||||||
3 | any disclosure of information to the Department of Healthcare | ||||||
4 | and Family Services (formerly
Illinois Department of Public | ||||||
5 | Aid ) under subsection (a)
or for any
other action taken in good | ||||||
6 | faith to comply with the requirements of
subsection (a).
| ||||||
7 | (Source: P.A. 90-18, eff. 1-1-97; 91-613, eff. 10-1-99; revised | ||||||
8 | 12-15-05.)
| ||||||
9 | (730 ILCS 5/Ch. III Art. 17 heading) | ||||||
10 | ARTICLE 17. TRANSITIONAL HOUSING FOR SEX OFFENDERS
| ||||||
11 | (Source: P.A. 94-161, eff. 7-11-05.) | ||||||
12 | (730 ILCS 5/3-17-1)
| ||||||
13 | Sec. 3-17-1. Transitional housing for sex offenders. This | ||||||
14 | Article may be cited as the Transitional Housing For Sex | ||||||
15 | Offenders Law .
| ||||||
16 | (Source: P.A. 94-161, eff. 7-11-05.) | ||||||
17 | (730 ILCS 5/3-17-5)
| ||||||
18 | Sec. 3-17-5. Transitional housing; licensing. | ||||||
19 | (a) The Department of Corrections shall license | ||||||
20 | transitional housing facilities for persons convicted of or | ||||||
21 | placed on supervision for sex offenses as defined in the Sex | ||||||
22 | Offender Management Board Act. | ||||||
23 | (b) A transitional housing facility must meet the following |
| |||||||
| |||||||
1 | criteria to be licensed by the Department: | ||||||
2 | (1) The facility shall provide housing to a sex | ||||||
3 | offender who is in compliance with his or her parole, | ||||||
4 | mandatory supervised release, probation, or supervision | ||||||
5 | order for a period not to exceed 90 days, unless extended | ||||||
6 | with approval from the Director or his or her designee. | ||||||
7 | Notice of any extension approved shall be provided to the | ||||||
8 | Prisoner Review Board. | ||||||
9 | (2) The Department of Corrections must approve a | ||||||
10 | treatment plan and counseling for each sex offender | ||||||
11 | residing in the transitional housing. | ||||||
12 | (3) The transitional housing facility must provide | ||||||
13 | security 24 hours each day and 7 days each week as defined | ||||||
14 | and approved by the Department. | ||||||
15 | (4) The facility must notify the police department, | ||||||
16 | public and private elementary and secondary schools, | ||||||
17 | public libraries, and each residential home and apartment | ||||||
18 | complex located within 500 feet of the transitional housing | ||||||
19 | facility of its initial licensure as a transitional housing | ||||||
20 | facility, and of its continuing operation as a transitional | ||||||
21 | housing facility annually thereafter. | ||||||
22 | (5) Upon its initial licensure as a transitional | ||||||
23 | housing facility and during its licensure, each facility | ||||||
24 | shall maintain at its main entrance a visible and | ||||||
25 | conspicuous exterior sign identifying itself as, in | ||||||
26 | letters at least 4 inches tall, a "Department of |
| |||||||
| |||||||
1 | Corrections Licensed Transitional Housing Facility". | ||||||
2 | (6) Upon its initial licensure as a transitional | ||||||
3 | housing facility, each facility shall file in the office of | ||||||
4 | the county clerk of the county in which such facility is | ||||||
5 | located, a certificate setting forth the name under which | ||||||
6 | the facility is, or is to be, operated, and the true or | ||||||
7 | real full name or names of the person, persons or entity | ||||||
8 | operating the same, with the address of the facility. The | ||||||
9 | certificate shall be executed and duly acknowledged by the | ||||||
10 | person or persons so operating or intending to operate the | ||||||
11 | facility. Notice of the filing of the certificate shall be | ||||||
12 | published in a newspaper of general circulation published | ||||||
13 | within the county in which the certificate is filed. The | ||||||
14 | notice shall be published once a week for 3 consecutive | ||||||
15 | weeks. The first publication shall be within 15 days after | ||||||
16 | the certificate is filed in the office of the county clerk. | ||||||
17 | Proof of publication shall be filed with the county clerk | ||||||
18 | within 50 days from the date of filing the certificate. | ||||||
19 | Upon receiving proof of publication, the clerk shall issue | ||||||
20 | a receipt to the person filing the certificate, but no | ||||||
21 | additional charge shall be assessed by the clerk for giving | ||||||
22 | such receipt. Unless proof of publication is made to the | ||||||
23 | clerk, the notification is void. | ||||||
24 | (7) Each licensed transitional housing facility shall | ||||||
25 | be identified on the Illinois State Police Sex Offender | ||||||
26 | Registry website, including the address of the facility |
| |||||||
| |||||||
1 | together with the maximum possible number of sex offenders | ||||||
2 | that the facility could house. | ||||||
3 | (c) The Department of Corrections shall establish rules | ||||||
4 | consistent with this Section establishing licensing procedures | ||||||
5 | and criteria for transitional housing facilities for sex | ||||||
6 | offenders, and may create criteria for, and issue licenses for, | ||||||
7 | different levels of facilities to be licensed. The Department | ||||||
8 | is authorized to set and charge a licensing fee for each | ||||||
9 | application for a transitional housing license. The rules shall | ||||||
10 | be adopted within 60 days after the effective date of this | ||||||
11 | amendatory Act of the 94th General Assembly. Facilities which | ||||||
12 | on the effective date of this amendatory Act of the 94th | ||||||
13 | General Assembly are currently housing and providing sex | ||||||
14 | offender treatment to sex offenders may continue housing more | ||||||
15 | than one sex offender on parole, mandatory supervised release, | ||||||
16 | probation, or supervision for a period of 120 days after the | ||||||
17 | adoption of licensure rules during which time the facility | ||||||
18 | shall apply for a transitional housing license.
| ||||||
19 | (d) The Department of Corrections shall maintain a file on | ||||||
20 | each sex offender housed in a transitional housing facility. | ||||||
21 | The file shall contain efforts of the Department in placing a | ||||||
22 | sex offender in non-transitional housing, efforts of the | ||||||
23 | Department to place the sex offender in a county from which he | ||||||
24 | or she was convicted, the anticipated length of stay of each | ||||||
25 | sex offender in the transitional housing facility, the number | ||||||
26 | of sex offenders residing in the transitional housing facility, |
| |||||||
| |||||||
1 | and the services to be provided the sex offender while he or | ||||||
2 | she resides in the transitional housing facility.
| ||||||
3 | (e) The Department of Corrections shall, on or before | ||||||
4 | December 31 of each year, file a report with the General | ||||||
5 | Assembly on the number of transitional housing facilities for | ||||||
6 | sex offenders licensed by the Department, the addresses of each | ||||||
7 | licensed facility, how many sex offenders are housed in each | ||||||
8 | facility, and the particular sex offense that each resident of | ||||||
9 | the transitional housing facility committed.
| ||||||
10 | (Source: P.A. 94-161, eff. 7-11-05.) | ||||||
11 | (730 ILCS 5/Ch. III Art. 18 heading) | ||||||
12 | ARTICLE 18
17 . PROGRAM OF REENTRY INTO COMMUNITY | ||||||
13 | (Source: P.A. 94-383, eff. 1-1-06; revised 9-21-05.) | ||||||
14 | (730 ILCS 5/3-18-5) | ||||||
15 | Sec. 3-18-5
3-17-5 . Definitions. As used in this Article: | ||||||
16 | "Board" means the Prisoner Review Board. | ||||||
17 | "Department" means the Department of Corrections. | ||||||
18 | "Director" means the Director of Corrections. | ||||||
19 | "Offender" means a person who has been convicted of a | ||||||
20 | felony under the laws of this State and sentenced to a term of | ||||||
21 | imprisonment. | ||||||
22 | "Program" means a program established by a county or | ||||||
23 | municipality under Section 3-18-10
3-17-10 for reentry of | ||||||
24 | persons into the community who have been committed to the |
| |||||||
| |||||||
1 | Department for commission of a felony.
| ||||||
2 | (Source: P.A. 94-383, eff. 1-1-06; revised 9-21-05.)
| ||||||
3 | (730 ILCS 5/3-18-10) | ||||||
4 | Sec. 3-18-10
3-17-10 . Establishment of program.
| ||||||
5 | (a) A county with the approval of the county board or a | ||||||
6 | municipality that maintains a jail or house of corrections with | ||||||
7 | the approval of the corporate authorities may establish a | ||||||
8 | program for reentry of offenders into the community who have | ||||||
9 | been committed to the Department for commission of a felony. | ||||||
10 | Any program shall be approved by the Director prior to | ||||||
11 | placement of inmates in a program. | ||||||
12 | (b) If a county or municipality establishes a program under | ||||||
13 | this Section, the sheriff in the case of a county or the police | ||||||
14 | chief in the case of a municipality shall: | ||||||
15 | (1) Determine whether offenders who are referred by the | ||||||
16 | Director of Corrections under Section 3-18-15
3-17-15
| ||||||
17 | should be assigned to participate in a program. | ||||||
18 | (2) Supervise offenders participating in the program | ||||||
19 | during their participation in the program. | ||||||
20 | (c) A county or municipality shall be liable for the well | ||||||
21 | being and actions of inmates in its custody while in a program | ||||||
22 | and shall indemnify the Department for any loss incurred by the | ||||||
23 | Department caused while an inmate is in a program.
| ||||||
24 | (d) An offender may not be assigned to participate in a | ||||||
25 | program unless the Director of Corrections, in consultation |
| |||||||
| |||||||
1 | with the Prisoner Review Board, grants prior approval of the | ||||||
2 | assignment under this Section.
| ||||||
3 | (Source: P.A. 94-383, eff. 1-1-06; revised 9-21-05.)
| ||||||
4 | (730 ILCS 5/3-18-15) | ||||||
5 | Sec. 3-18-15
3-17-15 . Referral of person to sheriff or | ||||||
6 | police chief; assignment of person by the Department.
| ||||||
7 | (a) Except as otherwise provided in this Section, if a | ||||||
8 | program has been established in a county or municipality in | ||||||
9 | which an offender was sentenced to imprisonment for a felony, | ||||||
10 | the Director may refer the offender to the county sheriff or | ||||||
11 | municipal police chief if: | ||||||
12 | (1) The offender qualifies under the standards | ||||||
13 | established by the Director in subsection (c); | ||||||
14 | (2) The offender has demonstrated a willingness to: | ||||||
15 | (A) engage in employment or participate in | ||||||
16 | vocational rehabilitation or job skills training; and | ||||||
17 | (B) meet any existing obligation for restitution | ||||||
18 | to any victim of his or her crime; and | ||||||
19 | (3) the offender is within one year of his or her | ||||||
20 | probable release from prison, as determined by the | ||||||
21 | Director. | ||||||
22 | (b) Except as otherwise provided in this Section, if the | ||||||
23 | Director is notified by the sheriff or police chief under | ||||||
24 | Section 3-18-10
3-17-10 that an offender would benefit by being | ||||||
25 | assigned to the custody of the sheriff or police chief to |
| |||||||
| |||||||
1 | participate in the program, the Director shall review whether | ||||||
2 | the offender should be assigned to participate in a program for | ||||||
3 | not longer than the remainder of his or her sentence. | ||||||
4 | (c) The Director, by rule, shall adopt standards setting | ||||||
5 | forth which offenders are eligible to be assigned to the | ||||||
6 | custody of the sheriff or police chief to participate in the | ||||||
7 | program under this Section. The standards adopted by the | ||||||
8 | Director must be approved by the Prisoner Review Board and must | ||||||
9 | provide that an offender is ineligible for participation in the | ||||||
10 | program who: | ||||||
11 | (1) has recently committed a serious infraction of the | ||||||
12 | rules of an institution or facility of the Department; | ||||||
13 | (2) has not performed the duties assigned to him or her | ||||||
14 | in a faithful and orderly manner; | ||||||
15 | (3) has, within the immediately preceding 5 years, been | ||||||
16 | convicted of any crime involving the use or threatened use | ||||||
17 | of force or violence against a victim that is punishable as | ||||||
18 | a felony; | ||||||
19 | (4) has ever been convicted of a sex offense as defined | ||||||
20 | in Section 10 of the Sex Offender Management Board Act; | ||||||
21 | (5) has escaped or attempted to escape from any jail or | ||||||
22 | correctional institution for adults; or | ||||||
23 | (6) has not made an effort in good faith to participate | ||||||
24 | in or to complete any educational or vocational program or | ||||||
25 | any program of treatment, as ordered by the Director. | ||||||
26 | (d) The Director shall adopt rules requiring offenders who |
| |||||||
| |||||||
1 | are assigned to the custody of the sheriff or police chief | ||||||
2 | under this Section to reimburse the Department for the cost of | ||||||
3 | their participation in a program, to the extent of their | ||||||
4 | ability to pay. | ||||||
5 | (e) The sheriff or police chief may return the offender to | ||||||
6 | the custody of the Department at any time for any violation of | ||||||
7 | the terms and conditions imposed by the Director in | ||||||
8 | consultation with the Prisoner Review Board. | ||||||
9 | (f) If an offender assigned to the custody of the sheriff | ||||||
10 | or police chief under this Section violates any of the terms or | ||||||
11 | conditions imposed by the Director in consultation with the | ||||||
12 | Prisoner Review Board and is returned to the custody of the | ||||||
13 | Department, the offender forfeits all or part of the credits | ||||||
14 | for good behavior earned by him or her before he or she was | ||||||
15 | returned to the custody of the Department, as determined by the | ||||||
16 | Director. The Director may provide for a forfeiture of credits | ||||||
17 | under this subsection (f) only after proof of the violation and | ||||||
18 | notice is given to the offender. The Director may restore | ||||||
19 | credits so forfeited for such reasons as he or she considers | ||||||
20 | proper. The Director, by rule, shall establish procedures for | ||||||
21 | review of forfeiture of good behavior credit. The decision of | ||||||
22 | the Director regarding such a forfeiture is final. | ||||||
23 | (g) The assignment of an offender to the custody of the | ||||||
24 | sheriff or police chief under this Section shall be deemed: | ||||||
25 | (1) a continuation of his or her imprisonment and not a | ||||||
26 | release on parole or mandatory supervised release; and |
| |||||||
| |||||||
1 | (2) for the purposes of Section 3-8-1, an assignment to | ||||||
2 | a facility of the Department,
except that the offender is | ||||||
3 | not entitled to obtain any benefits or to participate in | ||||||
4 | any programs provided to offenders in the custody of the | ||||||
5 | Department. | ||||||
6 | (h) An offender does not have a right to be assigned to the | ||||||
7 | custody of the sheriff or police chief under this Section, or | ||||||
8 | to remain in that custody after such an assignment. It is not | ||||||
9 | intended that the establishment or operation of a program | ||||||
10 | creates any right or interest in liberty or property or | ||||||
11 | establishes a basis for any cause of action against this State | ||||||
12 | or its political subdivisions, agencies, boards, commissions, | ||||||
13 | departments, officers, or employees.
| ||||||
14 | (Source: P.A. 94-383, eff. 1-1-06; revised 9-21-05.) | ||||||
15 | (730 ILCS 5/3-18-20) | ||||||
16 | Sec. 3-18-20
3-17-20 . Director to contract for certain | ||||||
17 | services for offenders in program. | ||||||
18 | (a) The Director may enter into one or more contracts with | ||||||
19 | one or more public or private entities to provide any of the | ||||||
20 | following services, as necessary and appropriate, to offenders | ||||||
21 | participating in a program: | ||||||
22 | (1) transitional housing; | ||||||
23 | (2) treatment pertaining to substance abuse or mental | ||||||
24 | health; | ||||||
25 | (3) training in life skills; |
| |||||||
| |||||||
1 | (4) vocational rehabilitation and job skills training; | ||||||
2 | and | ||||||
3 | (5) any other services required by offenders who are | ||||||
4 | participating in a program. | ||||||
5 | (b) The Director shall, as necessary and appropriate, | ||||||
6 | provide referrals and information regarding: | ||||||
7 | (1) any of the services provided pursuant to subsection | ||||||
8 | (a); | ||||||
9 | (2) access and availability of any appropriate | ||||||
10 | self-help groups; | ||||||
11 | (3) social services for families and children; and | ||||||
12 | (4) permanent housing. | ||||||
13 | (c) The Director may apply for and accept any gift, | ||||||
14 | donation, bequest, grant, or other source of money to carry out | ||||||
15 | the provisions of this Section. | ||||||
16 | (d) As used in this Section, training in life skills | ||||||
17 | includes, without limitation, training in the areas of:
(1) | ||||||
18 | parenting;
(2) improving human relationships;
(3) preventing | ||||||
19 | domestic violence;
(4) maintaining emotional and physical | ||||||
20 | health;
(5) preventing abuse of alcohol and drugs;
(6) | ||||||
21 | preparing for and obtaining employment; and
(7) budgeting, | ||||||
22 | consumerism, and personal finances.
| ||||||
23 | (Source: P.A. 94-383, eff. 1-1-06; revised 9-21-05.) | ||||||
24 | (730 ILCS 5/3-18-25) | ||||||
25 | Sec. 3-18-25
3-17-25 . Monitoring of participant in |
| |||||||
| |||||||
1 | program. The Department shall retain the authority to monitor | ||||||
2 | each person who is participating in a program under Section | ||||||
3 | 3-18-15
3-17-15 . Such authority shall include site | ||||||
4 | inspections, review of program activities, and access to inmate | ||||||
5 | files and records.
| ||||||
6 | (Source: P.A. 94-383, eff. 1-1-06; revised 9-21-05.) | ||||||
7 | (730 ILCS 5/Ch. III Art. 19 heading) | ||||||
8 | ARTICLE 19
17 . METHAMPHETAMINE ABUSERS PILOT PROGRAMS | ||||||
9 | (Source: P.A. 94-549, eff. 1-1-06; revised 9-21-05.) | ||||||
10 | (730 ILCS 5/3-19-5) | ||||||
11 | Sec. 3-19-5
3-17-5 . Methamphetamine abusers pilot program; | ||||||
12 | Franklin County Juvenile Detention Center. | ||||||
13 | (a) There is created the Methamphetamine Abusers Pilot | ||||||
14 | Program at the Franklin County Juvenile Detention Center. The | ||||||
15 | Program shall be established upon adoption of a resolution or | ||||||
16 | ordinance by the Franklin County Board and with the consent of | ||||||
17 | the Secretary of Human Services. | ||||||
18 | (b) A person convicted of the unlawful possession of | ||||||
19 | methamphetamine under Section 60 of the Methamphetamine | ||||||
20 | Control and Community Protection Act
Section 402 of the | ||||||
21 | Illinois Controlled Substances Act , after an assessment by a | ||||||
22 | designated program licensed under the Alcoholism and Other Drug | ||||||
23 | Abuse and Dependency Act that the person is a methamphetamine | ||||||
24 | abuser or addict and may benefit from treatment for his or her |
| |||||||
| |||||||
1 | abuse or addiction, may be ordered by the court to be committed | ||||||
2 | to the Program established under this Section. | ||||||
3 | (c) The Program shall consist of medical and psychiatric | ||||||
4 | treatment for the abuse or addiction for a period of at least | ||||||
5 | 90 days and not to exceed 180 days. A treatment plan for each | ||||||
6 | person participating in the Program shall be approved by the | ||||||
7 | court in consultation with the Department of Human Services. | ||||||
8 | The Secretary of Human Services shall appoint a Program | ||||||
9 | Administrator to operate the Program who shall be licensed to | ||||||
10 | provide residential treatment for alcoholism and other drug | ||||||
11 | abuse and dependency. | ||||||
12 | (d) Persons committed to the Program who are 17 years of | ||||||
13 | age or older shall be separated from minors under 17 years of | ||||||
14 | age who are detained in the Juvenile Detention Center and there | ||||||
15 | shall be no contact between them. | ||||||
16 | (e) Upon the establishment of the Pilot Program, the | ||||||
17 | Secretary of Human Services shall inform the chief judge of | ||||||
18 | each judicial circuit of this State of the existence of the | ||||||
19 | Program and its date of termination. | ||||||
20 | (f) The Secretary of Human Services, after consultation | ||||||
21 | with the Program Administrator, shall determine the | ||||||
22 | effectiveness of the Program in rehabilitating methamphetamine | ||||||
23 | abusers and addicts committed to the Program. The Secretary | ||||||
24 | shall prepare a report based on his or her assessment of the | ||||||
25 | effectiveness of the Program and shall submit the report to the | ||||||
26 | Governor and General Assembly within one year after January 1, |
| |||||||
| |||||||
1 | 2006 ( the effective date of Public Act 94-549)
this amendatory | ||||||
2 | Act of the 94th General Assembly and each year thereafter that | ||||||
3 | the Program continues operation.
| ||||||
4 | (Source: P.A. 94-549, eff. 1-1-06; revised 9-29-05.) | ||||||
5 | (730 ILCS 5/3-19-10)
| ||||||
6 | Sec. 3-19-10
3-17-10 . Methamphetamine abusers pilot | ||||||
7 | program; Franklin County Jail. | ||||||
8 | (a) There is created the Methamphetamine Abusers Pilot | ||||||
9 | Program at the Franklin County Jail. The Program shall be | ||||||
10 | established upon adoption of a resolution or ordinance by the | ||||||
11 | Franklin County Board and with the consent of the Secretary of | ||||||
12 | Human Services. | ||||||
13 | (b) A person convicted of the unlawful possession of | ||||||
14 | methamphetamine under Section 402 of the Illinois Controlled | ||||||
15 | Substances Act, after an assessment by a designated program | ||||||
16 | licensed under the Alcoholism and Other Drug Abuse and | ||||||
17 | Dependency Act that the person is a methamphetamine abuser or | ||||||
18 | addict and may benefit from treatment for his or her abuse or | ||||||
19 | addiction, may be ordered by the court to be committed to the | ||||||
20 | Program established under this Section. | ||||||
21 | (c) The Program shall consist of medical and psychiatric | ||||||
22 | treatment for the abuse or addiction for a period of at least | ||||||
23 | 90 days and not to exceed 180 days. A treatment plan for each | ||||||
24 | person participating in the Program shall be approved by the | ||||||
25 | court in consultation with the Department of Human Services. |
| |||||||
| |||||||
1 | The Secretary of Human Services shall appoint a Program | ||||||
2 | Administrator to operate the Program who shall be licensed to | ||||||
3 | provide residential treatment for alcoholism and other drug | ||||||
4 | abuse and dependency. | ||||||
5 | (d) Upon the establishment of the Pilot Program, the | ||||||
6 | Secretary of Human Services shall inform the chief judge of | ||||||
7 | each judicial circuit of this State of the existence of the | ||||||
8 | Program and its date of termination. | ||||||
9 | (e) The Secretary of Human Services, after consultation | ||||||
10 | with the Program Administrator, shall determine the | ||||||
11 | effectiveness of the Program in rehabilitating methamphetamine | ||||||
12 | abusers and addicts committed to the Program. The Secretary | ||||||
13 | shall prepare a report based on his or her assessment of the | ||||||
14 | effectiveness of the Program and shall submit the report to the | ||||||
15 | Governor and General Assembly within one year after the | ||||||
16 | effective date of this amendatory Act of the 94th General | ||||||
17 | Assembly and each year thereafter that the Program continues | ||||||
18 | operation.
| ||||||
19 | (Source: P.A. 94-549, eff. 1-1-06; revised 9-21-05.)
| ||||||
20 | (730 ILCS 5/5-2-4) (from Ch. 38, par. 1005-2-4)
| ||||||
21 | Sec. 5-2-4. Proceedings after Acquittal by Reason of | ||||||
22 | Insanity.
| ||||||
23 | (a) After a finding or verdict of not guilty by reason of | ||||||
24 | insanity
under Sections 104-25, 115-3 or 115-4 of The Code of | ||||||
25 | Criminal Procedure
of 1963, the defendant shall be ordered to |
| |||||||
| |||||||
1 | the Department of Human Services for
an evaluation as to
| ||||||
2 | whether he is in need of mental health
services. The order
| ||||||
3 | shall specify whether the evaluation shall be conducted on an | ||||||
4 | inpatient or
outpatient basis. If the evaluation is to be | ||||||
5 | conducted on an inpatient
basis, the defendant shall be placed | ||||||
6 | in a secure setting unless the Court
determines that there are | ||||||
7 | compelling reasons why such placement is not
necessary.
After | ||||||
8 | the evaluation and during the period of time required to
| ||||||
9 | determine the appropriate placement, the defendant shall
| ||||||
10 | remain in jail.
Upon completion of the placement process the | ||||||
11 | sheriff shall be notified and
shall transport the defendant to | ||||||
12 | the designated facility.
| ||||||
13 | The Department shall provide the Court with a report of its | ||||||
14 | evaluation
within 30 days of the date of this order. The Court | ||||||
15 | shall hold a hearing
as provided under the Mental Health and | ||||||
16 | Developmental Disabilities Code to
determine if the individual | ||||||
17 | is:
(a)
in need of mental health services on an inpatient | ||||||
18 | basis; (b) in
need of
mental health services on an outpatient | ||||||
19 | basis; (c) a person not in
need of
mental health services. The | ||||||
20 | Court shall enter its findings.
| ||||||
21 | If the defendant is found to be in
need
of mental health | ||||||
22 | services on an inpatient care basis, the Court shall order the
| ||||||
23 | defendant to the Department of Human Services.
The defendant | ||||||
24 | shall be placed in a secure setting unless the Court determines
| ||||||
25 | that there are compelling reasons why such placement is not | ||||||
26 | necessary. Such
defendants placed in a secure setting shall not |
| |||||||
| |||||||
1 | be permitted outside the
facility's housing unit unless | ||||||
2 | escorted or accompanied by personnel of the
Department of Human | ||||||
3 | Services or with the prior approval of the Court for
| ||||||
4 | unsupervised
on-grounds privileges as provided
herein.
Any | ||||||
5 | defendant placed in a secure setting pursuant to this Section,
| ||||||
6 | transported to court hearings or other necessary appointments
| ||||||
7 | off facility grounds
by personnel of
the Department of Human | ||||||
8 | Services, shall be
placed in security devices
or otherwise | ||||||
9 | secured during the period of transportation to assure
secure | ||||||
10 | transport of the defendant and the safety of Department
of | ||||||
11 | Human Services personnel and others. These security measures
| ||||||
12 | shall not constitute restraint as defined in the Mental Health | ||||||
13 | and
Developmental Disabilities Code.
If the defendant is found | ||||||
14 | to be in need of mental health services,
but not on an | ||||||
15 | inpatient care basis, the Court shall conditionally release
the | ||||||
16 | defendant, under such conditions as set forth in this Section | ||||||
17 | as will
reasonably assure the defendant's satisfactory | ||||||
18 | progress and participation
in treatment or
rehabilitation and | ||||||
19 | the safety of the defendant and others. If the
Court
finds the | ||||||
20 | person not in need of mental health services, then the Court
| ||||||
21 | shall order the defendant discharged from custody.
| ||||||
22 | (a-1)
(1) Definitions . : For the purposes of this Section:
| ||||||
23 | (A) (Blank).
| ||||||
24 | (B) "In need of mental health services on an inpatient | ||||||
25 | basis" means: a
defendant who has been found not guilty by | ||||||
26 | reason of insanity but who due to mental illness is
|
| |||||||
| |||||||
1 | reasonably expected to inflict
serious physical harm upon | ||||||
2 | himself or another and who would benefit from
inpatient | ||||||
3 | care or is in need of inpatient care.
| ||||||
4 | (C) "In need of mental health services on an outpatient | ||||||
5 | basis" means:
a defendant who has been found not guilty by | ||||||
6 | reason of insanity who is not in need of mental health | ||||||
7 | services on
an inpatient basis, but is in need of | ||||||
8 | outpatient care, drug and/or alcohol
rehabilitation | ||||||
9 | programs, community adjustment programs, individual, | ||||||
10 | group,
or family therapy, or chemotherapy.
| ||||||
11 | (D) "Conditional Release" means: the release from | ||||||
12 | either the custody
of the Department of Human Services
or | ||||||
13 | the custody of the Court of a person who has been found not | ||||||
14 | guilty by
reason of insanity under such conditions as the | ||||||
15 | Court may impose which
reasonably assure the defendant's | ||||||
16 | satisfactory progress in
treatment or habilitation and the | ||||||
17 | safety of the defendant and others. The
Court shall | ||||||
18 | consider such terms and conditions which may include, but | ||||||
19 | need
not be limited to, outpatient care, alcoholic and drug | ||||||
20 | rehabilitation programs,
community adjustment programs, | ||||||
21 | individual, group, family, and chemotherapy,
random | ||||||
22 | testing to ensure the defendant's timely and continuous | ||||||
23 | taking of any
medicines prescribed
to control or manage his | ||||||
24 | or her conduct or mental state, and
periodic checks with | ||||||
25 | the legal authorities and/or the Department of Human
| ||||||
26 | Services.
The Court may order as a condition of conditional |
| |||||||
| |||||||
1 | release that the
defendant not contact the victim of the | ||||||
2 | offense that
resulted in the finding or
verdict of not | ||||||
3 | guilty by reason of insanity or any other person. The Court | ||||||
4 | may
order the
Department of
Human Services to provide care | ||||||
5 | to any
person conditionally released under this Section. | ||||||
6 | The Department may contract
with any public or private | ||||||
7 | agency in order to discharge any responsibilities
imposed | ||||||
8 | under this Section. The Department shall monitor the | ||||||
9 | provision of
services to persons conditionally released | ||||||
10 | under this Section and provide
periodic reports to the | ||||||
11 | Court concerning the services and the condition of the
| ||||||
12 | defendant.
Whenever a person is conditionally released | ||||||
13 | pursuant to this Section, the
State's Attorney for the | ||||||
14 | county in which the hearing is held shall designate in
| ||||||
15 | writing the name, telephone number, and address of a person | ||||||
16 | employed by him or
her who
shall be notified in the event | ||||||
17 | that either the reporting agency or the
Department decides | ||||||
18 | that the conditional release of the defendant should be
| ||||||
19 | revoked or modified pursuant to subsection (i) of this | ||||||
20 | Section. Such
conditional release shall be for
a period of | ||||||
21 | five years. However, the defendant, the person or
facility
| ||||||
22 | rendering the treatment, therapy, program or outpatient | ||||||
23 | care, the
Department, or the
State's Attorney may petition | ||||||
24 | the Court for an extension of
the conditional
release | ||||||
25 | period for an additional 5 years. Upon receipt of such a
| ||||||
26 | petition, the Court shall hold a hearing consistent with |
| |||||||
| |||||||
1 | the provisions of
this paragraph (a) , this paragraph (a-1),
| ||||||
2 | and paragraph (f) of this Section, shall determine
whether | ||||||
3 | the defendant should continue to be subject to the terms of
| ||||||
4 | conditional release, and shall enter an order either | ||||||
5 | extending the
defendant's period of conditional release | ||||||
6 | for an additional
5
year period or discharging the | ||||||
7 | defendant.
Additional 5-year periods of conditional | ||||||
8 | release may be ordered following a
hearing as provided in | ||||||
9 | this Section. However,
in no event shall the defendant's
| ||||||
10 | period of conditional release continue beyond the maximum | ||||||
11 | period of
commitment ordered by the Court pursuant to | ||||||
12 | paragraph (b) of this Section. These provisions for
| ||||||
13 | extension of conditional release shall only apply to | ||||||
14 | defendants
conditionally released on or after August 8, | ||||||
15 | 2003
the effective date of
this amendatory Act
of the 93rd | ||||||
16 | General Assembly . However the extension
provisions of | ||||||
17 | Public Act 83-1449 apply only to defendants charged
with a | ||||||
18 | forcible felony.
| ||||||
19 | (E) "Facility director" means the chief officer of a | ||||||
20 | mental health or
developmental disabilities facility or | ||||||
21 | his or her designee or the supervisor of
a program of | ||||||
22 | treatment or habilitation or his or her designee. | ||||||
23 | "Designee" may
include a physician, clinical psychologist, | ||||||
24 | social worker, nurse, or clinical
professional counselor.
| ||||||
25 | (b) If the Court finds the defendant in need of mental | ||||||
26 | health services on an
inpatient basis, the
admission, |
| |||||||
| |||||||
1 | detention, care, treatment or habilitation, treatment plans,
| ||||||
2 | review proceedings, including review of treatment and | ||||||
3 | treatment plans, and
discharge of the defendant after such | ||||||
4 | order shall be under the
Mental Health and Developmental | ||||||
5 | Disabilities Code, except that the
initial order for admission | ||||||
6 | of a defendant acquitted of a felony by
reason of insanity | ||||||
7 | shall be for an indefinite period of time. Such period
of | ||||||
8 | commitment shall not exceed the maximum
length of time that the | ||||||
9 | defendant would have been required to serve,
less credit for | ||||||
10 | good behavior as provided in Section 5-4-1 of the Unified
Code | ||||||
11 | of Corrections, before becoming eligible for
release had
he | ||||||
12 | been convicted of and received the maximum sentence for the | ||||||
13 | most
serious crime for which he has been acquitted by reason of | ||||||
14 | insanity. The
Court shall determine the maximum period of | ||||||
15 | commitment by an appropriate
order. During this period of time, | ||||||
16 | the defendant shall not be permitted
to be in the community in | ||||||
17 | any manner, including but not limited to off-grounds
| ||||||
18 | privileges, with or without escort by personnel of the | ||||||
19 | Department of Human
Services, unsupervised on-grounds | ||||||
20 | privileges,
discharge or conditional or temporary release, | ||||||
21 | except by a plan as provided in
this Section. In no event shall | ||||||
22 | a defendant's continued unauthorized
absence be a basis for | ||||||
23 | discharge. Not more than 30 days after admission
and every 60 | ||||||
24 | days thereafter so long as the initial order
remains in effect, | ||||||
25 | the facility director shall file a treatment plan report
in | ||||||
26 | writing with the court
and forward a copy of the treatment plan |
| |||||||
| |||||||
1 | report to the clerk of the
court, the State's Attorney, and the | ||||||
2 | defendant's attorney, if the defendant is
represented by | ||||||
3 | counsel,
or to a person authorized by
the defendant under the
| ||||||
4 | Mental Health and Developmental Disabilities Confidentiality | ||||||
5 | Act to be sent a
copy of the report. The report shall include | ||||||
6 | an opinion
as to whether the
defendant is currently in need of | ||||||
7 | mental
health services on an inpatient basis or in need of | ||||||
8 | mental health services
on
an outpatient basis. The report shall | ||||||
9 | also summarize the basis for those
findings and provide a | ||||||
10 | current summary of the following items from the
treatment plan: | ||||||
11 | (1) an assessment of the defendant's treatment needs, (2) a
| ||||||
12 | description of the services recommended for treatment, (3) the | ||||||
13 | goals of each
type of element of service, (4) an anticipated | ||||||
14 | timetable for the accomplishment
of the goals, and (5) a | ||||||
15 | designation of the qualified professional responsible
for the | ||||||
16 | implementation of the plan.
The report may also include | ||||||
17 | unsupervised on-grounds
privileges, off-grounds privileges | ||||||
18 | (with or without escort by personnel of the
Department of Human | ||||||
19 | Services), home visits and
participation in work
programs, but | ||||||
20 | only where such privileges have been approved by specific court
| ||||||
21 | order, which order may include such conditions on the defendant | ||||||
22 | as the
Court may deem appropriate and necessary to reasonably | ||||||
23 | assure the defendant's
satisfactory progress in treatment and | ||||||
24 | the safety of the defendant and others.
| ||||||
25 | (c) Every defendant acquitted of a felony by reason of | ||||||
26 | insanity and
subsequently found to be in need of
mental health |
| |||||||
| |||||||
1 | services shall be represented by counsel in all proceedings | ||||||
2 | under
this Section and under the Mental Health and | ||||||
3 | Developmental Disabilities Code.
| ||||||
4 | (1) The Court shall appoint as counsel the public | ||||||
5 | defender or an
attorney licensed by this State.
| ||||||
6 | (2) Upon filing with the Court of a verified statement | ||||||
7 | of legal
services rendered by the private attorney | ||||||
8 | appointed pursuant to
paragraph (1) of this subsection, the | ||||||
9 | Court shall determine a reasonable
fee for such services. | ||||||
10 | If the defendant is unable to pay the fee, the
Court shall | ||||||
11 | enter an order upon the State to pay the entire fee or such
| ||||||
12 | amount as the defendant is unable to pay from funds | ||||||
13 | appropriated by the
General Assembly for that purpose.
| ||||||
14 | (d) When the facility director determines that:
| ||||||
15 | (1) the defendant is no longer
in need of mental health | ||||||
16 | services on an inpatient basis; and
| ||||||
17 | (2) the defendant may be conditionally released | ||||||
18 | because he
or she is still in need of mental health | ||||||
19 | services or that the defendant
may be discharged as not in | ||||||
20 | need of any mental health services; or
| ||||||
21 | (3) the defendant no longer requires placement in a | ||||||
22 | secure setting;
| ||||||
23 | the facility director shall give written notice
to the Court, | ||||||
24 | State's Attorney and defense attorney.
Such notice shall set | ||||||
25 | forth in detail the basis for the recommendation of
the | ||||||
26 | facility director, and specify clearly the recommendations, if |
| |||||||
| |||||||
1 | any,
of the facility director, concerning conditional release.
| ||||||
2 | Any recommendation for conditional release shall include an | ||||||
3 | evaluation of
the defendant's need for psychotropic | ||||||
4 | medication, what provisions should be
made, if any, to ensure | ||||||
5 | that the defendant will continue to receive
psychotropic | ||||||
6 | medication following discharge, and what provisions should be | ||||||
7 | made
to assure the safety of the defendant and others in the | ||||||
8 | event the defendant is
no longer receiving psychotropic | ||||||
9 | medication.
Within 30 days of
the notification by the facility | ||||||
10 | director, the Court shall set a hearing and
make a finding as | ||||||
11 | to whether the defendant is:
| ||||||
12 | (i) (blank); or
| ||||||
13 | (ii) in need of mental health services in the form of | ||||||
14 | inpatient care; or
| ||||||
15 | (iii) in need of mental health services but not subject | ||||||
16 | to inpatient care;
or
| ||||||
17 | (iv) no longer in need of mental health services; or
| ||||||
18 | (v) no longer requires placement in a secure setting.
| ||||||
19 | Upon finding by the Court, the Court shall enter its | ||||||
20 | findings and such
appropriate order as provided in subsections
| ||||||
21 | subsection (a) and (a-1) of this Section.
| ||||||
22 | (e) A defendant admitted pursuant to this Section, or any | ||||||
23 | person on
his behalf, may file a petition for treatment plan | ||||||
24 | review, transfer to a
non-secure setting within the Department | ||||||
25 | of Human Services
or discharge or conditional release under the
| ||||||
26 | standards of this Section in the Court which rendered the |
| |||||||
| |||||||
1 | verdict. Upon
receipt of a petition for treatment plan review, | ||||||
2 | transfer to a non-secure
setting or discharge or conditional | ||||||
3 | release, the Court shall set a hearing to
be held within 120 | ||||||
4 | days. Thereafter, no new petition
may be filed for 180 days
| ||||||
5 | without leave of the Court.
| ||||||
6 | (f) The Court shall direct that notice of the time and | ||||||
7 | place of the
hearing be served upon the defendant, the facility | ||||||
8 | director, the State's
Attorney, and the defendant's attorney. | ||||||
9 | If requested by either the State or the
defense or if the Court | ||||||
10 | feels it is appropriate, an impartial examination
of the | ||||||
11 | defendant by a psychiatrist or clinical psychologist as defined | ||||||
12 | in
Section 1-103 of the Mental Health and Developmental | ||||||
13 | Disabilities Code who
is not in the employ of the Department of | ||||||
14 | Human Services shall be ordered, and
the report considered at
| ||||||
15 | the time of the hearing.
| ||||||
16 | (g) The findings of the Court shall be established by clear | ||||||
17 | and
convincing evidence. The burden of proof and the burden of | ||||||
18 | going forth
with the evidence rest with the defendant or any | ||||||
19 | person on the defendant's
behalf when a hearing is held to | ||||||
20 | review
a petition filed by or on
behalf of the defendant. The | ||||||
21 | evidence shall be presented in open
Court
with the right of | ||||||
22 | confrontation and cross-examination.
Such evidence may | ||||||
23 | include, but is not limited to:
| ||||||
24 | (1) whether the defendant appreciates the harm caused | ||||||
25 | by the defendant to
others and the community by his or her | ||||||
26 | prior
conduct
that resulted in the finding of not guilty by |
| |||||||
| |||||||
1 | reason of insanity;
| ||||||
2 | (2) Whether the person appreciates the criminality of | ||||||
3 | conduct similar
similiar to
the conduct for which he or she | ||||||
4 | was originally charged in this matter;
| ||||||
5 | (3) the current state of
the defendant's illness;
| ||||||
6 | (4) what, if any, medications the defendant is taking | ||||||
7 | to
control his or her mental illness;
| ||||||
8 | (5) what, if any, adverse physical side effects
the | ||||||
9 | medication has on the defendant;
| ||||||
10 | (6) the length of time it would take for the | ||||||
11 | defendant's mental health to
deteriorate
if
the
defendant | ||||||
12 | stopped taking prescribed medication;
| ||||||
13 | (7) the defendant's history or potential for alcohol | ||||||
14 | and drug abuse;
| ||||||
15 | (8) the defendant's past criminal history;
| ||||||
16 | (9) any specialized physical or medical needs of the | ||||||
17 | defendant;
| ||||||
18 | (10) any family participation or involvement expected | ||||||
19 | upon release and
what is the willingness and ability of the | ||||||
20 | family to participate or be
involved;
| ||||||
21 | (11) the defendant's potential to be a danger to | ||||||
22 | himself, herself, or
others; and
| ||||||
23 | (12) any other factor or factors the Court deems | ||||||
24 | appropriate.
| ||||||
25 | (h) Before the court orders that the defendant be | ||||||
26 | discharged or
conditionally released, it shall order the |
| |||||||
| |||||||
1 | facility director to establish a
discharge plan that includes a | ||||||
2 | plan for the defendant's shelter, support, and
medication. If | ||||||
3 | appropriate, the court shall order that the facility director
| ||||||
4 | establish a program to train the defendant in self-medication | ||||||
5 | under standards
established by the Department of Human | ||||||
6 | Services.
If the Court finds, consistent with the provisions of | ||||||
7 | this Section,
that the defendant is no longer in need of mental
| ||||||
8 | health services it shall order the facility director to | ||||||
9 | discharge the
defendant. If the Court finds, consistent with | ||||||
10 | the provisions of this
Section, that the defendant is in need | ||||||
11 | of mental
health services, and no longer in need of inpatient | ||||||
12 | care, it shall order
the facility director to release the | ||||||
13 | defendant under such conditions as the
Court deems appropriate | ||||||
14 | and as provided by this Section. Such conditional
release shall | ||||||
15 | be imposed for a period of 5 years as provided in
paragraph (1)
| ||||||
16 | (D) of subsection (a-1)
(a) and shall be
subject
to later | ||||||
17 | modification by the Court as provided by this Section. If the
| ||||||
18 | Court finds consistent with the provisions in this Section that | ||||||
19 | the
defendant is in
need of mental health services on an | ||||||
20 | inpatient basis, it shall order the
facility director not to | ||||||
21 | discharge or release the defendant in accordance
with paragraph | ||||||
22 | (b) of this Section.
| ||||||
23 | (i) If within the period of the defendant's conditional | ||||||
24 | release
the State's Attorney determines that the defendant has | ||||||
25 | not fulfilled the
conditions of his or her release, the State's | ||||||
26 | Attorney may petition the
Court
to
revoke or modify the |
| |||||||
| |||||||
1 | conditional release of the defendant. Upon the filing of
such | ||||||
2 | petition the defendant may be remanded to the custody of the | ||||||
3 | Department,
or to any other mental health facility designated | ||||||
4 | by the Department, pending
the resolution of the petition. | ||||||
5 | Nothing in this Section shall prevent the
emergency admission | ||||||
6 | of a defendant pursuant to Article VI of Chapter III of the
| ||||||
7 | Mental Health
and Developmental Disabilities Code or the | ||||||
8 | voluntary admission of the defendant
pursuant to Article IV of | ||||||
9 | Chapter III of the Mental Health and Developmental
Disabilities
| ||||||
10 | Code. If
the Court determines, after hearing evidence, that the | ||||||
11 | defendant has
not fulfilled the conditions of release, the | ||||||
12 | Court shall order a hearing
to be held consistent with the | ||||||
13 | provisions of paragraph (f) and (g) of this
Section. At such | ||||||
14 | hearing, if the Court finds that the defendant is in need of | ||||||
15 | mental health services on an inpatient
basis, it shall enter an | ||||||
16 | order remanding him or her to the Department of
Human Services | ||||||
17 | or other
facility. If the defendant is remanded to the | ||||||
18 | Department of Human Services, he
or she shall be placed in
a | ||||||
19 | secure setting unless the Court
determines that there are | ||||||
20 | compelling reasons that such placement is not
necessary. If the
| ||||||
21 | Court finds that the defendant continues to be in need of | ||||||
22 | mental health
services but not on an inpatient basis, it may | ||||||
23 | modify the conditions of
the original release in order to | ||||||
24 | reasonably assure the defendant's satisfactory
progress in | ||||||
25 | treatment and his or her safety and the safety of others in
| ||||||
26 | accordance with the standards established in paragraph (1) (D) |
| |||||||
| |||||||
1 | of subsection (a-1)
(a) . Nothing in
this Section shall limit a | ||||||
2 | Court's contempt powers or any other powers of a
Court.
| ||||||
3 | (j) An order of admission under this Section does not | ||||||
4 | affect the
remedy of habeas corpus.
| ||||||
5 | (k) In the event of a conflict between this Section and the | ||||||
6 | Mental Health
and Developmental Disabilities Code or the Mental | ||||||
7 | Health and Developmental
Disabilities Confidentiality Act, the | ||||||
8 | provisions of this Section shall govern.
| ||||||
9 | (l) This amendatory Act shall apply to all persons who have | ||||||
10 | been found
not guilty by reason of insanity and who are | ||||||
11 | presently committed to the
Department of Mental Health and | ||||||
12 | Developmental Disabilities (now the
Department of Human | ||||||
13 | Services).
| ||||||
14 | (m) The Clerk of the Court shall, after the entry of an | ||||||
15 | order of transfer
to a non-secure setting of the Department of | ||||||
16 | Human Services or discharge or
conditional release, transmit
a | ||||||
17 | certified
copy of the order to the Department of Human | ||||||
18 | Services, and the sheriff of the
county from which the
| ||||||
19 | defendant was
admitted.
The Clerk of the Court shall also | ||||||
20 | transmit a certified copy of the order of
discharge or | ||||||
21 | conditional release to the Illinois Department of State Police, | ||||||
22 | to
the proper law enforcement agency for the municipality
where | ||||||
23 | the offense took
place, and to the sheriff of the county into | ||||||
24 | which the defendant is
conditionally discharged. The Illinois | ||||||
25 | Department of State Police shall
maintain a
centralized record | ||||||
26 | of discharged or conditionally released defendants while
they |
| |||||||
| |||||||
1 | are under court supervision for access and use of appropriate | ||||||
2 | law
enforcement agencies.
| ||||||
3 | (Source: P.A. 93-78, eff. 1-1-04; 93-473, eff. 8-8-03; revised | ||||||
4 | 9-15-06.)
| ||||||
5 | (730 ILCS 5/5-4-1) (from Ch. 38, par. 1005-4-1)
| ||||||
6 | Sec. 5-4-1. Sentencing Hearing.
| ||||||
7 | (a) Except when the death penalty is
sought under hearing | ||||||
8 | procedures otherwise specified, after a
determination of | ||||||
9 | guilt, a hearing shall be held to impose the sentence.
However, | ||||||
10 | prior to the imposition of sentence on an individual being
| ||||||
11 | sentenced for an offense based upon a charge for a violation of | ||||||
12 | Section
11-501 of the Illinois Vehicle Code or a similar | ||||||
13 | provision of a local
ordinance, the individual must undergo a | ||||||
14 | professional evaluation to
determine if an alcohol or other | ||||||
15 | drug abuse problem exists and the extent
of such a problem. | ||||||
16 | Programs conducting these evaluations shall be
licensed by the | ||||||
17 | Department of Human Services. However, if the individual is
not | ||||||
18 | a resident of Illinois, the court
may, in its discretion, | ||||||
19 | accept an evaluation from a program in the state of
such | ||||||
20 | individual's residence. The court may in its sentencing order | ||||||
21 | approve an
eligible defendant for placement in a Department of | ||||||
22 | Corrections impact
incarceration program as provided in | ||||||
23 | Section 5-8-1.1 or 5-8-1.3. The court may in its sentencing | ||||||
24 | order recommend a defendant for placement in a Department of | ||||||
25 | Corrections substance abuse treatment program as provided in |
| |||||||
| |||||||
1 | paragraph (a) of subsection (1) of Section 3-2-2 conditioned | ||||||
2 | upon the defendant being accepted in a program by the | ||||||
3 | Department of Corrections. At the
hearing the court
shall:
| ||||||
4 | (1) consider the evidence, if any, received upon the | ||||||
5 | trial;
| ||||||
6 | (2) consider any presentence reports;
| ||||||
7 | (3) consider the financial impact of incarceration | ||||||
8 | based on the
financial impact statement filed with the | ||||||
9 | clerk of the court by the
Department of Corrections;
| ||||||
10 | (4) consider evidence and information offered by the | ||||||
11 | parties in
aggravation and mitigation; | ||||||
12 | (4.5) consider substance abuse treatment, eligibility | ||||||
13 | screening, and an assessment, if any, of the defendant by | ||||||
14 | an agent designated by the State of Illinois to provide | ||||||
15 | assessment services for the Illinois courts;
| ||||||
16 | (5) hear arguments as to sentencing alternatives;
| ||||||
17 | (6) afford the defendant the opportunity to make a | ||||||
18 | statement in his
own behalf;
| ||||||
19 | (7) afford the victim of a violent crime or a violation | ||||||
20 | of Section
11-501 of the Illinois Vehicle Code, or a | ||||||
21 | similar provision of a local
ordinance, or a qualified | ||||||
22 | individual affected by: (i) a violation of Section
405, | ||||||
23 | 405.1, 405.2, or 407 of the Illinois Controlled Substances | ||||||
24 | Act or a violation of Section 55 or Section 65 of the | ||||||
25 | Methamphetamine Control and Community Protection Act,
or | ||||||
26 | (ii) a Class 4 felony violation of Section 11-14, 11-15, |
| |||||||
| |||||||
1 | 11-17, 11-18,
11-18.1, or 11-19 of the Criminal Code of | ||||||
2 | 1961,
committed by the defendant the opportunity to make a | ||||||
3 | statement
concerning the impact on the victim and to offer | ||||||
4 | evidence in aggravation or
mitigation; provided that the | ||||||
5 | statement and evidence offered in aggravation
or | ||||||
6 | mitigation must first be prepared in writing in conjunction | ||||||
7 | with the
State's Attorney before it may be presented orally | ||||||
8 | at the hearing. Any
sworn testimony offered by the victim | ||||||
9 | is subject to the defendant's right
to cross-examine. All | ||||||
10 | statements and evidence offered under this paragraph
(7) | ||||||
11 | shall become part of the record of the court. For the | ||||||
12 | purpose of this
paragraph (7), "qualified individual" | ||||||
13 | means any person who (i) lived or worked
within the | ||||||
14 | territorial jurisdiction where the offense took place when | ||||||
15 | the
offense took place;
and (ii) is familiar with various | ||||||
16 | public places within the territorial
jurisdiction where
| ||||||
17 | the offense took place when the offense took place. For the | ||||||
18 | purposes of
this paragraph (7), "qualified individual" | ||||||
19 | includes any peace officer,
or any member of any duly | ||||||
20 | organized State, county, or municipal peace unit
assigned | ||||||
21 | to the territorial jurisdiction where the offense took | ||||||
22 | place when the
offense took
place;
| ||||||
23 | (8) in cases of reckless homicide afford the victim's | ||||||
24 | spouse,
guardians, parents or other immediate family | ||||||
25 | members an opportunity to make
oral statements; and
| ||||||
26 | (9) in cases involving a felony sex offense as defined |
| |||||||
| |||||||
1 | under the Sex
Offender
Management Board Act, consider the | ||||||
2 | results of the sex offender evaluation
conducted pursuant | ||||||
3 | to Section 5-3-2 of this Act.
| ||||||
4 | (b) All sentences shall be imposed by the judge based upon | ||||||
5 | his
independent assessment of the elements specified above and | ||||||
6 | any agreement
as to sentence reached by the parties. The judge | ||||||
7 | who presided at the
trial or the judge who accepted the plea of | ||||||
8 | guilty shall impose the
sentence unless he is no longer sitting | ||||||
9 | as a judge in that court. Where
the judge does not impose | ||||||
10 | sentence at the same time on all defendants
who are convicted | ||||||
11 | as a result of being involved in the same offense, the
| ||||||
12 | defendant or the State's Attorney may advise the sentencing | ||||||
13 | court of the
disposition of any other defendants who have been | ||||||
14 | sentenced.
| ||||||
15 | (c) In imposing a sentence for a violent crime or for an | ||||||
16 | offense of
operating or being in physical control of a vehicle | ||||||
17 | while under the
influence of alcohol, any other drug or any | ||||||
18 | combination thereof, or a
similar provision of a local | ||||||
19 | ordinance, when such offense resulted in the
personal injury to | ||||||
20 | someone other than the defendant, the trial judge shall
specify | ||||||
21 | on the record the particular evidence, information, factors in
| ||||||
22 | mitigation and aggravation or other reasons that led to his | ||||||
23 | sentencing
determination. The full verbatim record of the | ||||||
24 | sentencing hearing shall be
filed with the clerk of the court | ||||||
25 | and shall be a public record.
| ||||||
26 | (c-1) In imposing a sentence for the offense of aggravated |
| |||||||
| |||||||
1 | kidnapping for
ransom, home invasion, armed robbery, | ||||||
2 | aggravated vehicular hijacking,
aggravated discharge of a | ||||||
3 | firearm, or armed violence with a category I weapon
or category | ||||||
4 | II weapon,
the trial judge shall make a finding as to whether | ||||||
5 | the conduct leading to
conviction for the offense resulted in | ||||||
6 | great bodily harm to a victim, and
shall enter that finding and | ||||||
7 | the basis for that finding in the record.
| ||||||
8 | (c-2) If the defendant is sentenced to prison, other than | ||||||
9 | when a sentence of
natural life imprisonment or a sentence of | ||||||
10 | death is imposed, at the time
the sentence is imposed the judge | ||||||
11 | shall
state on the record in open court the approximate period | ||||||
12 | of time the defendant
will serve in custody according to the | ||||||
13 | then current statutory rules and
regulations for early release | ||||||
14 | found in Section 3-6-3 and other related
provisions of this | ||||||
15 | Code. This statement is intended solely to inform the
public, | ||||||
16 | has no legal effect on the defendant's actual release, and may | ||||||
17 | not be
relied on by the defendant on appeal.
| ||||||
18 | The judge's statement, to be given after pronouncing the | ||||||
19 | sentence, other than
when the sentence is imposed for one of | ||||||
20 | the offenses enumerated in paragraph
(a)(3) of Section 3-6-3, | ||||||
21 | shall include the following:
| ||||||
22 | "The purpose of this statement is to inform the public of | ||||||
23 | the actual period
of time this defendant is likely to spend in | ||||||
24 | prison as a result of this
sentence. The actual period of | ||||||
25 | prison time served is determined by the
statutes of Illinois as | ||||||
26 | applied to this sentence by the Illinois Department of
|
| |||||||
| |||||||
1 | Corrections and
the Illinois Prisoner Review Board. In this | ||||||
2 | case, assuming the defendant
receives all of his or her good | ||||||
3 | conduct credit, the period of estimated actual
custody is ... | ||||||
4 | years and ... months, less up to 180 days additional good
| ||||||
5 | conduct credit for meritorious service. If the defendant, | ||||||
6 | because of his or
her own misconduct or failure to comply with | ||||||
7 | the institutional regulations,
does not receive those credits, | ||||||
8 | the actual time served in prison will be
longer. The defendant | ||||||
9 | may also receive an additional one-half day good conduct
credit | ||||||
10 | for each day of participation in vocational, industry, | ||||||
11 | substance abuse,
and educational programs as provided for by | ||||||
12 | Illinois statute."
| ||||||
13 | When the sentence is imposed for one of the offenses | ||||||
14 | enumerated in paragraph
(a)(3) of Section 3-6-3, other than | ||||||
15 | when the sentence is imposed for one of the
offenses enumerated | ||||||
16 | in paragraph (a)(2) of Section 3-6-3 committed on or after
June | ||||||
17 | 19, 1998, and other than when the sentence is imposed for
| ||||||
18 | reckless homicide as defined in subsection (e) of Section 9-3 | ||||||
19 | of the Criminal
Code of 1961 if the offense was committed on or | ||||||
20 | after January 1, 1999, and
other than when the sentence is | ||||||
21 | imposed for aggravated arson if the offense was
committed on or | ||||||
22 | after July 27, 2001 (the effective date of Public Act
92-176), | ||||||
23 | the
judge's statement, to be given after pronouncing the | ||||||
24 | sentence, shall include
the following:
| ||||||
25 | "The purpose of this statement is to inform the public of | ||||||
26 | 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,
assuming the defendant
receives all of his or her good | ||||||
6 | conduct credit, the period of estimated actual
custody is ... | ||||||
7 | years and ... months, less up to 90 days additional good
| ||||||
8 | conduct credit for meritorious service. If the defendant, | ||||||
9 | because of his or
her own misconduct or failure to comply with | ||||||
10 | the institutional regulations,
does not receive those credits, | ||||||
11 | the actual time served in prison will be
longer. The defendant | ||||||
12 | may also receive an additional one-half day good conduct
credit | ||||||
13 | for each day of participation in vocational, industry, | ||||||
14 | substance abuse,
and educational programs as provided for by | ||||||
15 | Illinois statute."
| ||||||
16 | When the sentence is imposed for one of the offenses | ||||||
17 | enumerated in paragraph
(a)(2) of Section 3-6-3, other than | ||||||
18 | first degree murder, and the offense was
committed on or after | ||||||
19 | June 19, 1998, and when the sentence is imposed for
reckless | ||||||
20 | homicide as defined in subsection (e) of Section 9-3 of the | ||||||
21 | Criminal
Code of 1961 if the offense was committed on or after | ||||||
22 | January 1, 1999,
and when the sentence is imposed for | ||||||
23 | aggravated driving under the influence
of alcohol, other drug | ||||||
24 | or drugs, or intoxicating compound or compounds, or
any | ||||||
25 | combination thereof as defined in subparagraph (F) of paragraph | ||||||
26 | (1) of
subsection (d) of Section 11-501 of the Illinois Vehicle |
| |||||||
| |||||||
1 | Code, and when
the sentence is imposed for aggravated arson if | ||||||
2 | the offense was committed
on or after July 27, 2001 (the | ||||||
3 | effective date of Public Act 92-176), the judge's
statement, to | ||||||
4 | be given after pronouncing the sentence, shall include the
| ||||||
5 | following:
| ||||||
6 | "The purpose of this statement is to inform the public of | ||||||
7 | the actual period
of time this defendant is likely to spend in | ||||||
8 | prison as a result of this
sentence. The actual period of | ||||||
9 | prison time served is determined by the
statutes of Illinois as | ||||||
10 | applied to this sentence by the Illinois Department of
| ||||||
11 | Corrections and
the Illinois Prisoner Review Board. In this | ||||||
12 | case,
the defendant is entitled to no more than 4 1/2 days of | ||||||
13 | good conduct credit for
each month of his or her sentence of | ||||||
14 | imprisonment. Therefore, this defendant
will serve at least 85% | ||||||
15 | of his or her sentence. Assuming the defendant
receives 4 1/2 | ||||||
16 | days credit for each month of his or her sentence, the period
| ||||||
17 | of estimated actual custody is ... years and ... months. If the | ||||||
18 | defendant,
because of his or her own misconduct or failure to | ||||||
19 | comply with the
institutional regulations receives lesser | ||||||
20 | credit, the actual time served in
prison will be longer."
| ||||||
21 | When a sentence of imprisonment is imposed for first degree | ||||||
22 | murder and
the offense was committed on or after June 19, 1998, | ||||||
23 | the judge's statement,
to be given after pronouncing the | ||||||
24 | sentence, shall include the following:
| ||||||
25 | "The purpose of this statement is to inform the public of | ||||||
26 | 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 not entitled to good conduct credit. | ||||||
6 | Therefore, this defendant
will serve 100% of his or her | ||||||
7 | sentence."
| ||||||
8 | When the sentencing order recommends placement in a | ||||||
9 | substance abuse program for any offense that results in | ||||||
10 | incarceration
in a Department of Corrections facility and the | ||||||
11 | crime was
committed on or after September 1, 2003 (the | ||||||
12 | effective date of Public Act
93-354), the judge's
statement, in | ||||||
13 | addition to any other judge's statement required under this
| ||||||
14 | Section, to be given after pronouncing the sentence, shall | ||||||
15 | include the
following:
| ||||||
16 | "The purpose of this statement is to inform the public of
| ||||||
17 | the actual period of time this defendant is likely to spend in
| ||||||
18 | prison as a result of this sentence. The actual period of
| ||||||
19 | prison time served is determined by the statutes of Illinois as
| ||||||
20 | applied to this sentence by the Illinois Department of
| ||||||
21 | Corrections and the Illinois Prisoner Review Board. In this
| ||||||
22 | case, the defendant shall receive no good conduct credit under | ||||||
23 | clause (3) of subsection (a) of Section 3-6-3 until he or
she | ||||||
24 | participates in and completes a substance abuse treatment | ||||||
25 | program or receives a waiver from the Director of Corrections | ||||||
26 | pursuant to clause (4.5) of subsection (a) of Section 3-6-3."
|
| |||||||
| |||||||
1 | (d) When the defendant is committed to the Department of
| ||||||
2 | Corrections, the State's Attorney shall and counsel for the | ||||||
3 | defendant
may file a statement with the clerk of the court to | ||||||
4 | be transmitted to
the department, agency or institution to | ||||||
5 | which the defendant is
committed to furnish such department, | ||||||
6 | agency or institution with the
facts and circumstances of the | ||||||
7 | offense for which the person was
committed together with all | ||||||
8 | other factual information accessible to them
in regard to the | ||||||
9 | person prior to his commitment relative to his habits,
| ||||||
10 | associates, disposition and reputation and any other facts and
| ||||||
11 | circumstances which may aid such department, agency or | ||||||
12 | institution
during its custody of such person. The clerk shall | ||||||
13 | within 10 days after
receiving any such statements transmit a | ||||||
14 | copy to such department, agency
or institution and a copy to | ||||||
15 | the other party, provided, however, that
this shall not be | ||||||
16 | cause for delay in conveying the person to the
department, | ||||||
17 | agency or institution to which he has been committed.
| ||||||
18 | (e) The clerk of the court shall transmit to the | ||||||
19 | department,
agency or institution, if any, to which the | ||||||
20 | defendant is committed, the
following:
| ||||||
21 | (1) the sentence imposed;
| ||||||
22 | (2) any statement by the court of the basis for | ||||||
23 | imposing the sentence;
| ||||||
24 | (3) any presentence reports;
| ||||||
25 | (3.5) any sex offender evaluations;
| ||||||
26 | (3.6) any substance abuse treatment eligibility |
| |||||||
| |||||||
1 | screening and assessment of the defendant by an agent | ||||||
2 | designated by the State of Illinois to provide assessment | ||||||
3 | services for the Illinois courts;
| ||||||
4 | (4) the number of days, if any, which the defendant has | ||||||
5 | been in
custody and for which he is entitled to credit | ||||||
6 | against the sentence,
which information shall be provided | ||||||
7 | to the clerk by the sheriff;
| ||||||
8 | (4.1) any finding of great bodily harm made by the | ||||||
9 | court with respect
to an offense enumerated in subsection | ||||||
10 | (c-1);
| ||||||
11 | (5) all statements filed under subsection (d) of this | ||||||
12 | Section;
| ||||||
13 | (6) any medical or mental health records or summaries | ||||||
14 | of the defendant;
| ||||||
15 | (7) the municipality where the arrest of the offender | ||||||
16 | or the commission
of the offense has occurred, where such | ||||||
17 | municipality has a population of
more than 25,000 persons;
| ||||||
18 | (8) all statements made and evidence offered under | ||||||
19 | paragraph (7) of
subsection (a) of this Section; and
| ||||||
20 | (9) all additional matters which the court directs the | ||||||
21 | clerk to
transmit.
| ||||||
22 | (Source: P.A. 93-213, eff. 7-18-03; 93-317, eff. 1-1-04; | ||||||
23 | 93-354, eff. 9-1-03; 93-616, eff. 1-1-04; 94-156, eff. 7-8-05; | ||||||
24 | 94-556, eff. 9-11-05; revised 8-19-05.)
| ||||||
25 | (730 ILCS 5/5-5-3) (from Ch. 38, par. 1005-5-3)
|
| |||||||
| |||||||
1 | (Text of Section before amendment by P.A. 94-1035 )
| ||||||
2 | Sec. 5-5-3. Disposition.
| ||||||
3 | (a) Except as provided in Section 11-501 of the Illinois | ||||||
4 | Vehicle Code, every person convicted of an offense shall be | ||||||
5 | sentenced as provided
in this Section.
| ||||||
6 | (b) The following options shall be appropriate | ||||||
7 | dispositions, alone
or in combination, for all felonies and | ||||||
8 | misdemeanors other than those
identified in subsection (c) of | ||||||
9 | this Section:
| ||||||
10 | (1) A period of probation.
| ||||||
11 | (2) A term of periodic imprisonment.
| ||||||
12 | (3) A term of conditional discharge.
| ||||||
13 | (4) A term of imprisonment.
| ||||||
14 | (5) An order directing the offender to clean up and | ||||||
15 | repair the
damage, if the offender was convicted under | ||||||
16 | paragraph (h) of Section
21-1 of the Criminal Code of 1961 | ||||||
17 | (now repealed).
| ||||||
18 | (6) A fine.
| ||||||
19 | (7) An order directing the offender to make restitution | ||||||
20 | to the
victim under Section 5-5-6 of this Code.
| ||||||
21 | (8) A sentence of participation in a county impact | ||||||
22 | incarceration
program under Section 5-8-1.2 of this Code. | ||||||
23 | (9) A term of imprisonment in combination with a term | ||||||
24 | of probation when the offender has been admitted into a | ||||||
25 | drug court program under Section 20 of the Drug Court | ||||||
26 | Treatment Act.
|
| |||||||
| |||||||
1 | Neither a fine nor restitution shall be the sole | ||||||
2 | disposition
for a felony and either or both may be imposed only | ||||||
3 | in conjunction with
another disposition.
| ||||||
4 | (c) (1) When a defendant is found guilty of first degree | ||||||
5 | murder the
State may either seek a sentence of imprisonment | ||||||
6 | under Section 5-8-1 of
this Code, or where appropriate seek | ||||||
7 | a sentence of death under Section 9-1
of the Criminal Code | ||||||
8 | of 1961.
| ||||||
9 | (2) A period of probation, a term of periodic | ||||||
10 | imprisonment or
conditional discharge shall not be imposed | ||||||
11 | for the following offenses.
The court shall sentence the | ||||||
12 | offender to not less than the minimum term
of imprisonment | ||||||
13 | set forth in this Code for the following offenses, and
may | ||||||
14 | order a fine or restitution or both in conjunction with | ||||||
15 | such term of
imprisonment:
| ||||||
16 | (A) First degree murder where the death penalty is | ||||||
17 | not imposed.
| ||||||
18 | (B) Attempted first degree murder.
| ||||||
19 | (C) A Class X felony.
| ||||||
20 | (D) A violation of Section 401.1 or 407 of the
| ||||||
21 | Illinois Controlled Substances Act, or a violation of | ||||||
22 | subdivision (c)(1) or
(c)(2) of
Section 401 of that Act | ||||||
23 | which relates to more than 5 grams of a substance
| ||||||
24 | containing heroin or cocaine or an analog thereof.
| ||||||
25 | (E) A violation of Section 5.1 or 9 of the Cannabis | ||||||
26 | Control
Act.
|
| |||||||
| |||||||
1 | (F) A Class 2 or greater felony if the offender had | ||||||
2 | been convicted
of a Class 2 or greater felony within 10 | ||||||
3 | years of the date on which the
offender
committed the | ||||||
4 | offense for which he or she is being sentenced, except | ||||||
5 | as
otherwise provided in Section 40-10 of the | ||||||
6 | Alcoholism and Other Drug Abuse and
Dependency Act.
| ||||||
7 | (F-5) A violation of Section 24-1, 24-1.1, or | ||||||
8 | 24-1.6 of the Criminal Code of 1961 for which | ||||||
9 | imprisonment is prescribed in those Sections.
| ||||||
10 | (G) Residential burglary, except as otherwise | ||||||
11 | provided in Section 40-10
of the Alcoholism and Other | ||||||
12 | Drug Abuse and Dependency Act.
| ||||||
13 | (H) Criminal sexual assault.
| ||||||
14 | (I) Aggravated battery of a senior citizen.
| ||||||
15 | (J) A forcible felony if the offense was related to | ||||||
16 | the activities of an
organized gang.
| ||||||
17 | Before July 1, 1994, for the purposes of this | ||||||
18 | paragraph, "organized
gang" means an association of 5 | ||||||
19 | or more persons, with an established hierarchy,
that | ||||||
20 | encourages members of the association to perpetrate | ||||||
21 | crimes or provides
support to the members of the | ||||||
22 | association who do commit crimes.
| ||||||
23 | Beginning July 1, 1994, for the purposes of this | ||||||
24 | paragraph,
"organized gang" has the meaning ascribed | ||||||
25 | to it in Section 10 of the Illinois
Streetgang | ||||||
26 | Terrorism Omnibus Prevention Act.
|
| |||||||
| |||||||
1 | (K) Vehicular hijacking.
| ||||||
2 | (L) A second or subsequent conviction for the | ||||||
3 | offense of hate crime
when the underlying offense upon | ||||||
4 | which the hate crime is based is felony
aggravated
| ||||||
5 | assault or felony mob action.
| ||||||
6 | (M) A second or subsequent conviction for the | ||||||
7 | offense of institutional
vandalism if the damage to the | ||||||
8 | property exceeds $300.
| ||||||
9 | (N) A Class 3 felony violation of paragraph (1) of | ||||||
10 | subsection (a) of
Section 2 of the Firearm Owners | ||||||
11 | Identification Card Act.
| ||||||
12 | (O) A violation of Section 12-6.1 of the Criminal | ||||||
13 | Code of 1961.
| ||||||
14 | (P) A violation of paragraph (1), (2), (3), (4), | ||||||
15 | (5), or (7) of
subsection (a)
of Section 11-20.1 of the | ||||||
16 | Criminal Code of 1961.
| ||||||
17 | (Q) A violation of Section 20-1.2 or 20-1.3 of the | ||||||
18 | Criminal Code of
1961.
| ||||||
19 | (R) A violation of Section 24-3A of the Criminal | ||||||
20 | Code of
1961.
| ||||||
21 | (S) (Blank).
| ||||||
22 | (T) A second or subsequent violation of the | ||||||
23 | Methamphetamine Control and Community Protection Act.
| ||||||
24 | (3) (Blank).
| ||||||
25 | (4) A minimum term of imprisonment of not less than 10
| ||||||
26 | consecutive days or 30 days of community service shall be |
| |||||||
| |||||||
1 | imposed for a
violation of paragraph (c) of Section 6-303 | ||||||
2 | of the Illinois Vehicle Code.
| ||||||
3 | (4.1) (Blank).
| ||||||
4 | (4.2) Except as provided in paragraph (4.3) of this | ||||||
5 | subsection (c), a
minimum of
100 hours of community service | ||||||
6 | shall be imposed for a second violation of
Section 6-303
of | ||||||
7 | the Illinois Vehicle Code.
| ||||||
8 | (4.3) A minimum term of imprisonment of 30 days or 300 | ||||||
9 | hours of community
service, as determined by the court, | ||||||
10 | shall
be imposed for a second violation of subsection (c) | ||||||
11 | of Section 6-303 of the
Illinois Vehicle Code.
| ||||||
12 | (4.4) Except as provided in paragraph (4.5) and | ||||||
13 | paragraph (4.6) of this
subsection (c), a
minimum term of | ||||||
14 | imprisonment of 30 days or 300 hours of community service, | ||||||
15 | as
determined by the court, shall
be imposed
for a third or | ||||||
16 | subsequent violation of Section 6-303 of the Illinois | ||||||
17 | Vehicle
Code.
| ||||||
18 | (4.5) A minimum term of imprisonment of 30 days
shall | ||||||
19 | be imposed for a third violation of subsection (c) of
| ||||||
20 | Section 6-303 of the Illinois Vehicle Code.
| ||||||
21 | (4.6) A minimum term of imprisonment of 180 days shall | ||||||
22 | be imposed for a
fourth or subsequent violation of | ||||||
23 | subsection (c) of Section 6-303 of the
Illinois Vehicle | ||||||
24 | Code.
| ||||||
25 | (5) The court may sentence an offender convicted of a | ||||||
26 | business
offense or a petty offense or a corporation or |
| |||||||
| |||||||
1 | unincorporated
association convicted of any offense to:
| ||||||
2 | (A) a period of conditional discharge;
| ||||||
3 | (B) a fine;
| ||||||
4 | (C) make restitution to the victim under Section | ||||||
5 | 5-5-6 of this Code.
| ||||||
6 | (5.1) In addition to any penalties imposed under | ||||||
7 | paragraph (5) of this
subsection (c), and except as | ||||||
8 | provided in paragraph (5.2) or (5.3), a person
convicted of | ||||||
9 | violating subsection (c) of Section 11-907 of the Illinois
| ||||||
10 | Vehicle Code shall have his or her driver's license, | ||||||
11 | permit, or privileges
suspended for at least 90 days but | ||||||
12 | not more than one year, if the violation
resulted in damage | ||||||
13 | to the property of another person.
| ||||||
14 | (5.2) In addition to any penalties imposed under | ||||||
15 | paragraph (5) of this
subsection (c), and except as | ||||||
16 | provided in paragraph (5.3), a person convicted
of | ||||||
17 | violating subsection (c) of Section 11-907 of the Illinois | ||||||
18 | Vehicle Code
shall have his or her driver's license, | ||||||
19 | permit, or privileges suspended for at
least 180 days but | ||||||
20 | not more than 2 years, if the violation resulted in injury
| ||||||
21 | to
another person.
| ||||||
22 | (5.3) In addition to any penalties imposed under | ||||||
23 | paragraph (5) of
this
subsection (c), a person convicted of | ||||||
24 | violating subsection (c) of Section
11-907 of the Illinois | ||||||
25 | Vehicle Code shall have his or her driver's license,
| ||||||
26 | permit, or privileges suspended for 2 years, if the |
| |||||||
| |||||||
1 | violation resulted in the
death of another person.
| ||||||
2 | (6) In no case shall an offender be eligible for a | ||||||
3 | disposition of
probation or conditional discharge for a | ||||||
4 | Class 1 felony committed while
he was serving a term of | ||||||
5 | probation or conditional discharge for a felony.
| ||||||
6 | (7) When a defendant is adjudged a habitual criminal | ||||||
7 | under Article
33B of the Criminal Code of 1961, the court | ||||||
8 | shall sentence
the defendant to a term of natural life | ||||||
9 | imprisonment.
| ||||||
10 | (8) When a defendant, over the age of 21 years, is | ||||||
11 | convicted of a
Class 1 or Class 2 felony, after having | ||||||
12 | twice been convicted
in any state or
federal court of an | ||||||
13 | offense that contains the same elements as an offense now
| ||||||
14 | classified in Illinois as a Class 2 or greater Class felony
| ||||||
15 | and such charges are
separately brought and tried and arise | ||||||
16 | out of different series of acts,
such defendant shall be | ||||||
17 | sentenced as a Class X offender. This paragraph
shall not | ||||||
18 | apply unless (1) the first felony was committed after the
| ||||||
19 | effective date of this amendatory Act of 1977; and (2) the | ||||||
20 | second felony
was committed after conviction on the first; | ||||||
21 | and (3) the third felony
was committed after conviction on | ||||||
22 | the second.
A person sentenced as a Class X offender under | ||||||
23 | this paragraph is not
eligible to apply for treatment as a | ||||||
24 | condition of probation as provided by
Section 40-10 of the | ||||||
25 | Alcoholism and Other Drug Abuse and Dependency Act.
| ||||||
26 | (9) A defendant convicted of a second or subsequent |
| |||||||
| |||||||
1 | offense of ritualized
abuse of a child may be sentenced to | ||||||
2 | a term of natural life imprisonment.
| ||||||
3 | (10) (Blank).
| ||||||
4 | (11) The court shall impose a minimum fine of $1,000 | ||||||
5 | for a first offense
and $2,000 for a second or subsequent | ||||||
6 | offense upon a person convicted of or
placed on supervision | ||||||
7 | for battery when the individual harmed was a sports
| ||||||
8 | official or coach at any level of competition and the act | ||||||
9 | causing harm to the
sports
official or coach occurred | ||||||
10 | within an athletic facility or within the immediate | ||||||
11 | vicinity
of the athletic facility at which the sports | ||||||
12 | official or coach was an active
participant
of the athletic | ||||||
13 | contest held at the athletic facility. For the purposes of
| ||||||
14 | this paragraph (11), "sports official" means a person at an | ||||||
15 | athletic contest
who enforces the rules of the contest, | ||||||
16 | such as an umpire or referee; "athletic facility" means an | ||||||
17 | indoor or outdoor playing field or recreational area where | ||||||
18 | sports activities are conducted;
and "coach" means a person | ||||||
19 | recognized as a coach by the sanctioning
authority that | ||||||
20 | conducted the sporting event. | ||||||
21 | (12) A person may not receive a disposition of court | ||||||
22 | supervision for a
violation of Section 5-16 of the Boat | ||||||
23 | Registration and Safety Act if that
person has previously | ||||||
24 | received a disposition of court supervision for a
violation | ||||||
25 | of that Section.
| ||||||
26 | (d) In any case in which a sentence originally imposed is |
| |||||||
| |||||||
1 | vacated,
the case shall be remanded to the trial court. The | ||||||
2 | trial court shall
hold a hearing under Section 5-4-1 of the | ||||||
3 | Unified Code of Corrections
which may include evidence of the | ||||||
4 | defendant's life, moral character and
occupation during the | ||||||
5 | time since the original sentence was passed. The
trial court | ||||||
6 | shall then impose sentence upon the defendant. The trial
court | ||||||
7 | may impose any sentence which could have been imposed at the
| ||||||
8 | original trial subject to Section 5-5-4 of the Unified Code of | ||||||
9 | Corrections.
If a sentence is vacated on appeal or on | ||||||
10 | collateral attack due to the
failure of the trier of fact at | ||||||
11 | trial to determine beyond a reasonable doubt
the
existence of a | ||||||
12 | fact (other than a prior conviction) necessary to increase the
| ||||||
13 | punishment for the offense beyond the statutory maximum | ||||||
14 | otherwise applicable,
either the defendant may be re-sentenced | ||||||
15 | to a term within the range otherwise
provided or, if the State | ||||||
16 | files notice of its intention to again seek the
extended | ||||||
17 | sentence, the defendant shall be afforded a new trial.
| ||||||
18 | (e) In cases where prosecution for
aggravated criminal | ||||||
19 | sexual abuse under Section 12-16 of the
Criminal Code of 1961 | ||||||
20 | results in conviction of a defendant
who was a family member of | ||||||
21 | the victim at the time of the commission of the
offense, the | ||||||
22 | court shall consider the safety and welfare of the victim and
| ||||||
23 | may impose a sentence of probation only where:
| ||||||
24 | (1) the court finds (A) or (B) or both are appropriate:
| ||||||
25 | (A) the defendant is willing to undergo a court | ||||||
26 | approved counseling
program for a minimum duration of 2 |
| |||||||
| |||||||
1 | years; or
| ||||||
2 | (B) the defendant is willing to participate in a | ||||||
3 | court approved plan
including but not limited to the | ||||||
4 | defendant's:
| ||||||
5 | (i) removal from the household;
| ||||||
6 | (ii) restricted contact with the victim;
| ||||||
7 | (iii) continued financial support of the | ||||||
8 | family;
| ||||||
9 | (iv) restitution for harm done to the victim; | ||||||
10 | and
| ||||||
11 | (v) compliance with any other measures that | ||||||
12 | the court may
deem appropriate; and
| ||||||
13 | (2) the court orders the defendant to pay for the | ||||||
14 | victim's counseling
services, to the extent that the court | ||||||
15 | finds, after considering the
defendant's income and | ||||||
16 | assets, that the defendant is financially capable of
paying | ||||||
17 | for such services, if the victim was under 18 years of age | ||||||
18 | at the
time the offense was committed and requires | ||||||
19 | counseling as a result of the
offense.
| ||||||
20 | Probation may be revoked or modified pursuant to Section | ||||||
21 | 5-6-4; except
where the court determines at the hearing that | ||||||
22 | the defendant violated a
condition of his or her probation | ||||||
23 | restricting contact with the victim or
other family members or | ||||||
24 | commits another offense with the victim or other
family | ||||||
25 | members, the court shall revoke the defendant's probation and
| ||||||
26 | impose a term of imprisonment.
|
| |||||||
| |||||||
1 | For the purposes of this Section, "family member" and | ||||||
2 | "victim" shall have
the meanings ascribed to them in Section | ||||||
3 | 12-12 of the Criminal Code of
1961.
| ||||||
4 | (f) This Article shall not deprive a court in other | ||||||
5 | proceedings to
order a forfeiture of property, to suspend or | ||||||
6 | cancel a license, to
remove a person from office, or to impose | ||||||
7 | any other civil penalty.
| ||||||
8 | (g) Whenever a defendant is convicted of an offense under | ||||||
9 | Sections
11-14, 11-15, 11-15.1, 11-16, 11-17, 11-18, 11-18.1, | ||||||
10 | 11-19, 11-19.1, 11-19.2,
12-13, 12-14, 12-14.1, 12-15 or 12-16 | ||||||
11 | of the Criminal Code of 1961,
the defendant shall undergo | ||||||
12 | medical testing to
determine whether the defendant has any | ||||||
13 | sexually transmissible disease,
including a test for infection | ||||||
14 | with human immunodeficiency virus (HIV) or
any other identified | ||||||
15 | causative agent of acquired immunodeficiency syndrome
(AIDS). | ||||||
16 | Any such medical test shall be performed only by appropriately
| ||||||
17 | licensed medical practitioners and may include an analysis of | ||||||
18 | any bodily
fluids as well as an examination of the defendant's | ||||||
19 | person.
Except as otherwise provided by law, the results of | ||||||
20 | such test shall be kept
strictly confidential by all medical | ||||||
21 | personnel involved in the testing and must
be personally | ||||||
22 | delivered in a sealed envelope to the judge of the court in | ||||||
23 | which
the conviction was entered for the judge's inspection in | ||||||
24 | camera. Acting in
accordance with the best interests of the | ||||||
25 | victim and the public, the judge
shall have the discretion to | ||||||
26 | determine to whom, if anyone, the results of the
testing may be |
| |||||||
| |||||||
1 | revealed. The court shall notify the defendant
of the test | ||||||
2 | results. The court shall
also notify the victim if requested by | ||||||
3 | the victim, and if the victim is under
the age of 15 and if | ||||||
4 | requested by the victim's parents or legal guardian, the
court | ||||||
5 | shall notify the victim's parents or legal guardian of the test
| ||||||
6 | results.
The court shall provide information on the | ||||||
7 | availability of HIV testing
and counseling at Department of | ||||||
8 | Public Health facilities to all parties to
whom the results of | ||||||
9 | the testing are revealed and shall direct the State's
Attorney | ||||||
10 | to provide the information to the victim when possible.
A | ||||||
11 | State's Attorney may petition the court to obtain the results | ||||||
12 | of any HIV test
administered under this Section, and the court | ||||||
13 | shall grant the disclosure if
the State's Attorney shows it is | ||||||
14 | relevant in order to prosecute a charge of
criminal | ||||||
15 | transmission of HIV under Section 12-16.2 of the Criminal Code | ||||||
16 | of 1961
against the defendant. The court shall order that the | ||||||
17 | cost of any such test
shall be paid by the county and may be | ||||||
18 | taxed as costs against the convicted
defendant.
| ||||||
19 | (g-5) When an inmate is tested for an airborne communicable | ||||||
20 | disease, as
determined by the Illinois Department of Public | ||||||
21 | Health including but not
limited to tuberculosis, the results | ||||||
22 | of the test shall be
personally delivered by the warden or his | ||||||
23 | or her designee in a sealed envelope
to the judge of the court | ||||||
24 | in which the inmate must appear for the judge's
inspection in | ||||||
25 | camera if requested by the judge. Acting in accordance with the
| ||||||
26 | best interests of those in the courtroom, the judge shall have |
| |||||||
| |||||||
1 | the discretion
to determine what if any precautions need to be | ||||||
2 | taken to prevent transmission
of the disease in the courtroom.
| ||||||
3 | (h) Whenever a defendant is convicted of an offense under | ||||||
4 | Section 1 or 2
of the Hypodermic Syringes and Needles Act, the | ||||||
5 | defendant shall undergo
medical testing to determine whether | ||||||
6 | the defendant has been exposed to human
immunodeficiency virus | ||||||
7 | (HIV) or any other identified causative agent of
acquired | ||||||
8 | immunodeficiency syndrome (AIDS). Except as otherwise provided | ||||||
9 | by
law, the results of such test shall be kept strictly | ||||||
10 | confidential by all
medical personnel involved in the testing | ||||||
11 | and must be personally delivered in a
sealed envelope to the | ||||||
12 | judge of the court in which the conviction was entered
for the | ||||||
13 | judge's inspection in camera. Acting in accordance with the | ||||||
14 | best
interests of the public, the judge shall have the | ||||||
15 | discretion to determine to
whom, if anyone, the results of the | ||||||
16 | testing may be revealed. The court shall
notify the defendant | ||||||
17 | of a positive test showing an infection with the human
| ||||||
18 | immunodeficiency virus (HIV). The court shall provide | ||||||
19 | information on the
availability of HIV testing and counseling | ||||||
20 | at Department of Public Health
facilities to all parties to | ||||||
21 | whom the results of the testing are revealed and
shall direct | ||||||
22 | the State's Attorney to provide the information to the victim | ||||||
23 | when
possible. A State's Attorney may petition the court to | ||||||
24 | obtain the results of
any HIV test administered under this | ||||||
25 | Section, and the court shall grant the
disclosure if the | ||||||
26 | State's Attorney shows it is relevant in order to prosecute a
|
| |||||||
| |||||||
1 | charge of criminal transmission of HIV under Section 12-16.2 of | ||||||
2 | the Criminal
Code of 1961 against the defendant. The court | ||||||
3 | shall order that the cost of any
such test shall be paid by the | ||||||
4 | county and may be taxed as costs against the
convicted | ||||||
5 | defendant.
| ||||||
6 | (i) All fines and penalties imposed under this Section for | ||||||
7 | any violation
of Chapters 3, 4, 6, and 11 of the Illinois | ||||||
8 | Vehicle Code, or a similar
provision of a local ordinance, and | ||||||
9 | any violation
of the Child Passenger Protection Act, or a | ||||||
10 | similar provision of a local
ordinance, shall be collected and | ||||||
11 | disbursed by the circuit
clerk as provided under Section 27.5 | ||||||
12 | of the Clerks of Courts Act.
| ||||||
13 | (j) In cases when prosecution for any violation of Section | ||||||
14 | 11-6, 11-8,
11-9, 11-11, 11-14, 11-15, 11-15.1, 11-16, 11-17, | ||||||
15 | 11-17.1, 11-18, 11-18.1,
11-19, 11-19.1, 11-19.2, 11-20.1, | ||||||
16 | 11-21, 12-13, 12-14, 12-14.1, 12-15, or
12-16 of the
Criminal | ||||||
17 | Code of 1961, any violation of the Illinois Controlled | ||||||
18 | Substances Act,
any violation of the Cannabis Control Act, or | ||||||
19 | any violation of the Methamphetamine Control and Community | ||||||
20 | Protection Act results in conviction, a
disposition of court | ||||||
21 | supervision, or an order of probation granted under
Section 10 | ||||||
22 | of the Cannabis Control Act, Section 410 of the Illinois
| ||||||
23 | Controlled Substance Act, or Section 70 of the Methamphetamine | ||||||
24 | Control and Community Protection Act of a defendant, the court | ||||||
25 | shall determine whether the
defendant is employed by a facility | ||||||
26 | or center as defined under the Child Care
Act of 1969, a public |
| |||||||
| |||||||
1 | or private elementary or secondary school, or otherwise
works | ||||||
2 | with children under 18 years of age on a daily basis. When a | ||||||
3 | defendant
is so employed, the court shall order the Clerk of | ||||||
4 | the Court to send a copy of
the judgment of conviction or order | ||||||
5 | of supervision or probation to the
defendant's employer by | ||||||
6 | certified mail.
If the employer of the defendant is a school, | ||||||
7 | the Clerk of the Court shall
direct the mailing of a copy of | ||||||
8 | the judgment of conviction or order of
supervision or probation | ||||||
9 | to the appropriate regional superintendent of schools.
The | ||||||
10 | regional superintendent of schools shall notify the State Board | ||||||
11 | of
Education of any notification under this subsection.
| ||||||
12 | (j-5) A defendant at least 17 years of age who is convicted | ||||||
13 | of a felony and
who has not been previously convicted of a | ||||||
14 | misdemeanor or felony and who is
sentenced to a term of | ||||||
15 | imprisonment in the Illinois Department of Corrections
shall as | ||||||
16 | a condition of his or her sentence be required by the court to | ||||||
17 | attend
educational courses designed to prepare the defendant | ||||||
18 | for a high school diploma
and to work toward a high school | ||||||
19 | diploma or to work toward passing the high
school level Test of | ||||||
20 | General Educational Development (GED) or to work toward
| ||||||
21 | completing a vocational training program offered by the | ||||||
22 | Department of
Corrections. If a defendant fails to complete the | ||||||
23 | educational training
required by his or her sentence during the | ||||||
24 | term of incarceration, the Prisoner
Review Board shall, as a | ||||||
25 | condition of mandatory supervised release, require the
| ||||||
26 | defendant, at his or her own expense, to pursue a course of |
| |||||||
| |||||||
1 | study toward a high
school diploma or passage of the GED test. | ||||||
2 | The Prisoner Review Board shall
revoke the mandatory supervised | ||||||
3 | release of a defendant who wilfully fails to
comply with this | ||||||
4 | subsection (j-5) upon his or her release from confinement in a
| ||||||
5 | penal institution while serving a mandatory supervised release | ||||||
6 | term; however,
the inability of the defendant after making a | ||||||
7 | good faith effort to obtain
financial aid or pay for the | ||||||
8 | educational training shall not be deemed a wilful
failure to | ||||||
9 | comply. The Prisoner Review Board shall recommit the defendant
| ||||||
10 | whose mandatory supervised release term has been revoked under | ||||||
11 | this subsection
(j-5) as provided in Section 3-3-9. This | ||||||
12 | subsection (j-5) does not apply to a
defendant who has a high | ||||||
13 | school diploma or has successfully passed the GED
test. This | ||||||
14 | subsection (j-5) does not apply to a defendant who is | ||||||
15 | determined by
the court to be developmentally disabled or | ||||||
16 | otherwise mentally incapable of
completing the educational or | ||||||
17 | vocational program.
| ||||||
18 | (k) A court may not impose a sentence or disposition for a
| ||||||
19 | felony or misdemeanor that requires the defendant to be | ||||||
20 | implanted or injected
with or to use any form of birth control.
| ||||||
21 | (l) (A) Except as provided
in paragraph (C) of subsection | ||||||
22 | (l), whenever a defendant,
who is an alien as defined by | ||||||
23 | the Immigration and Nationality Act, is convicted
of any | ||||||
24 | felony or misdemeanor offense, the court after sentencing | ||||||
25 | the defendant
may, upon motion of the State's Attorney, | ||||||
26 | hold sentence in abeyance and remand
the defendant to the |
| |||||||
| |||||||
1 | custody of the Attorney General of
the United States or his | ||||||
2 | or her designated agent to be deported when:
| ||||||
3 | (1) a final order of deportation has been issued | ||||||
4 | against the defendant
pursuant to proceedings under | ||||||
5 | the Immigration and Nationality Act, and
| ||||||
6 | (2) the deportation of the defendant would not | ||||||
7 | deprecate the seriousness
of the defendant's conduct | ||||||
8 | and would not be inconsistent with the ends of
justice.
| ||||||
9 | Otherwise, the defendant shall be sentenced as | ||||||
10 | provided in this Chapter V.
| ||||||
11 | (B) If the defendant has already been sentenced for a | ||||||
12 | felony or
misdemeanor
offense, or has been placed on | ||||||
13 | probation under Section 10 of the Cannabis
Control Act,
| ||||||
14 | Section 410 of the Illinois Controlled Substances Act, or | ||||||
15 | Section 70 of the Methamphetamine Control and Community | ||||||
16 | Protection Act, the court
may, upon motion of the State's | ||||||
17 | Attorney to suspend the
sentence imposed, commit the | ||||||
18 | defendant to the custody of the Attorney General
of the | ||||||
19 | United States or his or her designated agent when:
| ||||||
20 | (1) a final order of deportation has been issued | ||||||
21 | against the defendant
pursuant to proceedings under | ||||||
22 | the Immigration and Nationality Act, and
| ||||||
23 | (2) the deportation of the defendant would not | ||||||
24 | deprecate the seriousness
of the defendant's conduct | ||||||
25 | and would not be inconsistent with the ends of
justice.
| ||||||
26 | (C) This subsection (l) does not apply to offenders who |
| |||||||
| |||||||
1 | are subject to the
provisions of paragraph (2) of | ||||||
2 | subsection (a) of Section 3-6-3.
| ||||||
3 | (D) Upon motion of the State's Attorney, if a defendant | ||||||
4 | sentenced under
this Section returns to the jurisdiction of | ||||||
5 | the United States, the defendant
shall be recommitted to | ||||||
6 | the custody of the county from which he or she was
| ||||||
7 | sentenced.
Thereafter, the defendant shall be brought | ||||||
8 | before the sentencing court, which
may impose any sentence | ||||||
9 | that was available under Section 5-5-3 at the time of
| ||||||
10 | initial sentencing. In addition, the defendant shall not be | ||||||
11 | eligible for
additional good conduct credit for | ||||||
12 | meritorious service as provided under
Section 3-6-6.
| ||||||
13 | (m) A person convicted of criminal defacement of property | ||||||
14 | under Section
21-1.3 of the Criminal Code of 1961, in which the | ||||||
15 | property damage exceeds $300
and the property damaged is a | ||||||
16 | school building, shall be ordered to perform
community service | ||||||
17 | that may include cleanup, removal, or painting over the
| ||||||
18 | defacement.
| ||||||
19 | (n) The court may sentence a person convicted of a | ||||||
20 | violation of Section
12-19, 12-21, or 16-1.3 of the Criminal | ||||||
21 | Code of 1961 (i) to an impact
incarceration program if the | ||||||
22 | person is otherwise eligible for that program
under Section | ||||||
23 | 5-8-1.1, (ii) to community service, or (iii) if the person is | ||||||
24 | an
addict or alcoholic, as defined in the Alcoholism and Other | ||||||
25 | Drug Abuse and
Dependency Act, to a substance or alcohol abuse | ||||||
26 | program licensed under that
Act. |
| |||||||
| |||||||
1 | (o) Whenever a person is convicted of a sex offense as | ||||||
2 | defined in Section 2 of the Sex Offender Registration Act, the | ||||||
3 | defendant's driver's license or permit shall be subject to | ||||||
4 | renewal on an annual basis in accordance with the provisions of | ||||||
5 | license renewal established by the Secretary of State.
| ||||||
6 | (Source: P.A. 93-44, eff. 7-1-03; 93-156, eff. 1-1-04; 93-169, | ||||||
7 | eff. 7-10-03; 93-301, eff. 1-1-04; 93-419, eff. 1-1-04; 93-546, | ||||||
8 | eff. 1-1-04; 93-694, eff. 7-9-04; 93-782, eff. 1-1-05; 93-800, | ||||||
9 | eff. 1-1-05; 93-1014, eff. 1-1-05; 94-72, eff. 1-1-06; 94-556, | ||||||
10 | eff. 9-11-05; 94-993, eff. 1-1-07.)
| ||||||
11 | (Text of Section after amendment by P.A. 94-1035 ) | ||||||
12 | Sec. 5-5-3. Disposition.
| ||||||
13 | (a) Except as provided in Section 11-501 of the Illinois | ||||||
14 | Vehicle Code, every person convicted of an offense shall be | ||||||
15 | sentenced as provided
in this Section.
| ||||||
16 | (b) The following options shall be appropriate | ||||||
17 | dispositions, alone
or in combination, for all felonies and | ||||||
18 | misdemeanors other than those
identified in subsection (c) of | ||||||
19 | this Section:
| ||||||
20 | (1) A period of probation.
| ||||||
21 | (2) A term of periodic imprisonment.
| ||||||
22 | (3) A term of conditional discharge.
| ||||||
23 | (4) A term of imprisonment.
| ||||||
24 | (5) An order directing the offender to clean up and | ||||||
25 | repair the
damage, if the offender was convicted under |
| |||||||
| |||||||
1 | paragraph (h) of Section
21-1 of the Criminal Code of 1961 | ||||||
2 | (now repealed).
| ||||||
3 | (6) A fine.
| ||||||
4 | (7) An order directing the offender to make restitution | ||||||
5 | to the
victim under Section 5-5-6 of this Code.
| ||||||
6 | (8) A sentence of participation in a county impact | ||||||
7 | incarceration
program under Section 5-8-1.2 of this Code. | ||||||
8 | (9) A term of imprisonment in combination with a term | ||||||
9 | of probation when the offender has been admitted into a | ||||||
10 | drug court program under Section 20 of the Drug Court | ||||||
11 | Treatment Act.
| ||||||
12 | Neither a fine nor restitution shall be the sole | ||||||
13 | disposition
for a felony and either or both may be imposed only | ||||||
14 | in conjunction with
another disposition.
| ||||||
15 | (c) (1) When a defendant is found guilty of first degree | ||||||
16 | murder the
State may either seek a sentence of imprisonment | ||||||
17 | under Section 5-8-1 of
this Code, or where appropriate seek | ||||||
18 | a sentence of death under Section 9-1
of the Criminal Code | ||||||
19 | of 1961.
| ||||||
20 | (2) A period of probation, a term of periodic | ||||||
21 | imprisonment or
conditional discharge shall not be imposed | ||||||
22 | for the following offenses.
The court shall sentence the | ||||||
23 | offender to not less than the minimum term
of imprisonment | ||||||
24 | set forth in this Code for the following offenses, and
may | ||||||
25 | order a fine or restitution or both in conjunction with | ||||||
26 | such term of
imprisonment:
|
| |||||||
| |||||||
1 | (A) First degree murder where the death penalty is | ||||||
2 | not imposed.
| ||||||
3 | (B) Attempted first degree murder.
| ||||||
4 | (C) A Class X felony.
| ||||||
5 | (D) A violation of Section 401.1 or 407 of the
| ||||||
6 | Illinois Controlled Substances Act, or a violation of | ||||||
7 | subdivision (c)(1) or
(c)(2) of
Section 401 of that Act | ||||||
8 | which relates to more than 5 grams of a substance
| ||||||
9 | containing heroin or cocaine or an analog thereof.
| ||||||
10 | (E) A violation of Section 5.1 or 9 of the Cannabis | ||||||
11 | Control
Act.
| ||||||
12 | (F) A Class 2 or greater felony if the offender had | ||||||
13 | been convicted
of a Class 2 or greater felony within 10 | ||||||
14 | years of the date on which the
offender
committed the | ||||||
15 | offense for which he or she is being sentenced, except | ||||||
16 | as
otherwise provided in Section 40-10 of the | ||||||
17 | Alcoholism and Other Drug Abuse and
Dependency Act.
| ||||||
18 | (F-5) A violation of Section 24-1, 24-1.1, or | ||||||
19 | 24-1.6 of the Criminal Code of 1961 for which | ||||||
20 | imprisonment is prescribed in those Sections.
| ||||||
21 | (G) Residential burglary, except as otherwise | ||||||
22 | provided in Section 40-10
of the Alcoholism and Other | ||||||
23 | Drug Abuse and Dependency Act.
| ||||||
24 | (H) Criminal sexual assault.
| ||||||
25 | (I) Aggravated battery of a senior citizen.
| ||||||
26 | (J) A forcible felony if the offense was related to |
| |||||||
| |||||||
1 | the activities of an
organized gang.
| ||||||
2 | Before July 1, 1994, for the purposes of this | ||||||
3 | paragraph, "organized
gang" means an association of 5 | ||||||
4 | or more persons, with an established hierarchy,
that | ||||||
5 | encourages members of the association to perpetrate | ||||||
6 | crimes or provides
support to the members of the | ||||||
7 | association who do commit crimes.
| ||||||
8 | Beginning July 1, 1994, for the purposes of this | ||||||
9 | paragraph,
"organized gang" has the meaning ascribed | ||||||
10 | to it in Section 10 of the Illinois
Streetgang | ||||||
11 | Terrorism Omnibus Prevention Act.
| ||||||
12 | (K) Vehicular hijacking.
| ||||||
13 | (L) A second or subsequent conviction for the | ||||||
14 | offense of hate crime
when the underlying offense upon | ||||||
15 | which the hate crime is based is felony
aggravated
| ||||||
16 | assault or felony mob action.
| ||||||
17 | (M) A second or subsequent conviction for the | ||||||
18 | offense of institutional
vandalism if the damage to the | ||||||
19 | property exceeds $300.
| ||||||
20 | (N) A Class 3 felony violation of paragraph (1) of | ||||||
21 | subsection (a) of
Section 2 of the Firearm Owners | ||||||
22 | Identification Card Act.
| ||||||
23 | (O) A violation of Section 12-6.1 of the Criminal | ||||||
24 | Code of 1961.
| ||||||
25 | (P) A violation of paragraph (1), (2), (3), (4), | ||||||
26 | (5), or (7) of
subsection (a)
of Section 11-20.1 of the |
| |||||||
| |||||||
1 | Criminal Code of 1961.
| ||||||
2 | (Q) A violation of Section 20-1.2 or 20-1.3 of the | ||||||
3 | Criminal Code of
1961.
| ||||||
4 | (R) A violation of Section 24-3A of the Criminal | ||||||
5 | Code of
1961.
| ||||||
6 | (S) (Blank).
| ||||||
7 | (T) A second or subsequent violation of the | ||||||
8 | Methamphetamine Control and Community Protection Act.
| ||||||
9 | (3) (Blank).
| ||||||
10 | (4) A minimum term of imprisonment of not less than 10
| ||||||
11 | consecutive days or 30 days of community service shall be | ||||||
12 | imposed for a
violation of paragraph (c) of Section 6-303 | ||||||
13 | of the Illinois Vehicle Code.
| ||||||
14 | (4.1) (Blank).
| ||||||
15 | (4.2) Except as provided in paragraph (4.3) of this | ||||||
16 | subsection (c), a
minimum of
100 hours of community service | ||||||
17 | shall be imposed for a second violation of
Section 6-303
of | ||||||
18 | the Illinois Vehicle Code.
| ||||||
19 | (4.3) A minimum term of imprisonment of 30 days or 300 | ||||||
20 | hours of community
service, as determined by the court, | ||||||
21 | shall
be imposed for a second violation of subsection (c) | ||||||
22 | of Section 6-303 of the
Illinois Vehicle Code.
| ||||||
23 | (4.4) Except as provided in paragraph (4.5) and | ||||||
24 | paragraph (4.6) of this
subsection (c), a
minimum term of | ||||||
25 | imprisonment of 30 days or 300 hours of community service, | ||||||
26 | as
determined by the court, shall
be imposed
for a third or |
| |||||||
| |||||||
1 | subsequent violation of Section 6-303 of the Illinois | ||||||
2 | Vehicle
Code.
| ||||||
3 | (4.5) A minimum term of imprisonment of 30 days
shall | ||||||
4 | be imposed for a third violation of subsection (c) of
| ||||||
5 | Section 6-303 of the Illinois Vehicle Code.
| ||||||
6 | (4.6) A minimum term of imprisonment of 180 days shall | ||||||
7 | be imposed for a
fourth or subsequent violation of | ||||||
8 | subsection (c) of Section 6-303 of the
Illinois Vehicle | ||||||
9 | Code.
| ||||||
10 | (5) The court may sentence an offender convicted of a | ||||||
11 | business
offense or a petty offense or a corporation or | ||||||
12 | unincorporated
association convicted of any offense to:
| ||||||
13 | (A) a period of conditional discharge;
| ||||||
14 | (B) a fine;
| ||||||
15 | (C) make restitution to the victim under Section | ||||||
16 | 5-5-6 of this Code.
| ||||||
17 | (5.1) In addition to any penalties imposed under | ||||||
18 | paragraph (5) of this
subsection (c), and except as | ||||||
19 | provided in paragraph (5.2) or (5.3), a person
convicted of | ||||||
20 | violating subsection (c) of Section 11-907 of the Illinois
| ||||||
21 | Vehicle Code shall have his or her driver's license, | ||||||
22 | permit, or privileges
suspended for at least 90 days but | ||||||
23 | not more than one year, if the violation
resulted in damage | ||||||
24 | to the property of another person.
| ||||||
25 | (5.2) In addition to any penalties imposed under | ||||||
26 | paragraph (5) of this
subsection (c), and except as |
| |||||||
| |||||||
1 | provided in paragraph (5.3), a person convicted
of | ||||||
2 | violating subsection (c) of Section 11-907 of the Illinois | ||||||
3 | Vehicle Code
shall have his or her driver's license, | ||||||
4 | permit, or privileges suspended for at
least 180 days but | ||||||
5 | not more than 2 years, if the violation resulted in injury
| ||||||
6 | to
another person.
| ||||||
7 | (5.3) In addition to any penalties imposed under | ||||||
8 | paragraph (5) of
this
subsection (c), a person convicted of | ||||||
9 | violating subsection (c) of Section
11-907 of the Illinois | ||||||
10 | Vehicle Code shall have his or her driver's license,
| ||||||
11 | permit, or privileges suspended for 2 years, if the | ||||||
12 | violation resulted in the
death of another person.
| ||||||
13 | (5.4) In addition to any penalties imposed under | ||||||
14 | paragraph (5) of this subsection (c), a person convicted of | ||||||
15 | violating Section 3-707 of the Illinois Vehicle Code shall | ||||||
16 | have his or her driver's license, permit, or privileges | ||||||
17 | suspended for 3 months and until he or she has paid a | ||||||
18 | reinstatement fee of $100. | ||||||
19 | (5.5) In addition to any penalties imposed under | ||||||
20 | paragraph (5) of this subsection (c), a person convicted of | ||||||
21 | violating Section 3-707 of the Illinois Vehicle Code during | ||||||
22 | a period in which his or her driver's license, permit, or | ||||||
23 | privileges were suspended for a previous violation of that | ||||||
24 | Section shall have his or her driver's license, permit, or | ||||||
25 | privileges suspended for an additional 6 months after the | ||||||
26 | expiration of the original 3-month suspension and until he |
| |||||||
| |||||||
1 | or she has paid a reinstatement fee of $100.
| ||||||
2 | (6) In no case shall an offender be eligible for a | ||||||
3 | disposition of
probation or conditional discharge for a | ||||||
4 | Class 1 felony committed while
he was serving a term of | ||||||
5 | probation or conditional discharge for a felony.
| ||||||
6 | (7) When a defendant is adjudged a habitual criminal | ||||||
7 | under Article
33B of the Criminal Code of 1961, the court | ||||||
8 | shall sentence
the defendant to a term of natural life | ||||||
9 | imprisonment.
| ||||||
10 | (8) When a defendant, over the age of 21 years, is | ||||||
11 | convicted of a
Class 1 or Class 2 felony, after having | ||||||
12 | twice been convicted
in any state or
federal court of an | ||||||
13 | offense that contains the same elements as an offense now
| ||||||
14 | classified in Illinois as a Class 2 or greater Class felony
| ||||||
15 | and such charges are
separately brought and tried and arise | ||||||
16 | out of different series of acts,
such defendant shall be | ||||||
17 | sentenced as a Class X offender. This paragraph
shall not | ||||||
18 | apply unless (1) the first felony was committed after the
| ||||||
19 | effective date of this amendatory Act of 1977; and (2) the | ||||||
20 | second felony
was committed after conviction on the first; | ||||||
21 | and (3) the third felony
was committed after conviction on | ||||||
22 | the second.
A person sentenced as a Class X offender under | ||||||
23 | this paragraph is not
eligible to apply for treatment as a | ||||||
24 | condition of probation as provided by
Section 40-10 of the | ||||||
25 | Alcoholism and Other Drug Abuse and Dependency Act.
| ||||||
26 | (9) A defendant convicted of a second or subsequent |
| |||||||
| |||||||
1 | offense of ritualized
abuse of a child may be sentenced to | ||||||
2 | a term of natural life imprisonment.
| ||||||
3 | (10) (Blank).
| ||||||
4 | (11) The court shall impose a minimum fine of $1,000 | ||||||
5 | for a first offense
and $2,000 for a second or subsequent | ||||||
6 | offense upon a person convicted of or
placed on supervision | ||||||
7 | for battery when the individual harmed was a sports
| ||||||
8 | official or coach at any level of competition and the act | ||||||
9 | causing harm to the
sports
official or coach occurred | ||||||
10 | within an athletic facility or within the immediate | ||||||
11 | vicinity
of the athletic facility at which the sports | ||||||
12 | official or coach was an active
participant
of the athletic | ||||||
13 | contest held at the athletic facility. For the purposes of
| ||||||
14 | this paragraph (11), "sports official" means a person at an | ||||||
15 | athletic contest
who enforces the rules of the contest, | ||||||
16 | such as an umpire or referee; "athletic facility" means an | ||||||
17 | indoor or outdoor playing field or recreational area where | ||||||
18 | sports activities are conducted;
and "coach" means a person | ||||||
19 | recognized as a coach by the sanctioning
authority that | ||||||
20 | conducted the sporting event. | ||||||
21 | (12) A person may not receive a disposition of court | ||||||
22 | supervision for a
violation of Section 5-16 of the Boat | ||||||
23 | Registration and Safety Act if that
person has previously | ||||||
24 | received a disposition of court supervision for a
violation | ||||||
25 | of that Section.
| ||||||
26 | (d) In any case in which a sentence originally imposed is |
| |||||||
| |||||||
1 | vacated,
the case shall be remanded to the trial court. The | ||||||
2 | trial court shall
hold a hearing under Section 5-4-1 of the | ||||||
3 | Unified Code of Corrections
which may include evidence of the | ||||||
4 | defendant's life, moral character and
occupation during the | ||||||
5 | time since the original sentence was passed. The
trial court | ||||||
6 | shall then impose sentence upon the defendant. The trial
court | ||||||
7 | may impose any sentence which could have been imposed at the
| ||||||
8 | original trial subject to Section 5-5-4 of the Unified Code of | ||||||
9 | Corrections.
If a sentence is vacated on appeal or on | ||||||
10 | collateral attack due to the
failure of the trier of fact at | ||||||
11 | trial to determine beyond a reasonable doubt
the
existence of a | ||||||
12 | fact (other than a prior conviction) necessary to increase the
| ||||||
13 | punishment for the offense beyond the statutory maximum | ||||||
14 | otherwise applicable,
either the defendant may be re-sentenced | ||||||
15 | to a term within the range otherwise
provided or, if the State | ||||||
16 | files notice of its intention to again seek the
extended | ||||||
17 | sentence, the defendant shall be afforded a new trial.
| ||||||
18 | (e) In cases where prosecution for
aggravated criminal | ||||||
19 | sexual abuse under Section 12-16 of the
Criminal Code of 1961 | ||||||
20 | results in conviction of a defendant
who was a family member of | ||||||
21 | the victim at the time of the commission of the
offense, the | ||||||
22 | court shall consider the safety and welfare of the victim and
| ||||||
23 | may impose a sentence of probation only where:
| ||||||
24 | (1) the court finds (A) or (B) or both are appropriate:
| ||||||
25 | (A) the defendant is willing to undergo a court | ||||||
26 | approved counseling
program for a minimum duration of 2 |
| |||||||
| |||||||
1 | years; or
| ||||||
2 | (B) the defendant is willing to participate in a | ||||||
3 | court approved plan
including but not limited to the | ||||||
4 | defendant's:
| ||||||
5 | (i) removal from the household;
| ||||||
6 | (ii) restricted contact with the victim;
| ||||||
7 | (iii) continued financial support of the | ||||||
8 | family;
| ||||||
9 | (iv) restitution for harm done to the victim; | ||||||
10 | and
| ||||||
11 | (v) compliance with any other measures that | ||||||
12 | the court may
deem appropriate; and
| ||||||
13 | (2) the court orders the defendant to pay for the | ||||||
14 | victim's counseling
services, to the extent that the court | ||||||
15 | finds, after considering the
defendant's income and | ||||||
16 | assets, that the defendant is financially capable of
paying | ||||||
17 | for such services, if the victim was under 18 years of age | ||||||
18 | at the
time the offense was committed and requires | ||||||
19 | counseling as a result of the
offense.
| ||||||
20 | Probation may be revoked or modified pursuant to Section | ||||||
21 | 5-6-4; except
where the court determines at the hearing that | ||||||
22 | the defendant violated a
condition of his or her probation | ||||||
23 | restricting contact with the victim or
other family members or | ||||||
24 | commits another offense with the victim or other
family | ||||||
25 | members, the court shall revoke the defendant's probation and
| ||||||
26 | impose a term of imprisonment.
|
| |||||||
| |||||||
1 | For the purposes of this Section, "family member" and | ||||||
2 | "victim" shall have
the meanings ascribed to them in Section | ||||||
3 | 12-12 of the Criminal Code of
1961.
| ||||||
4 | (f) This Article shall not deprive a court in other | ||||||
5 | proceedings to
order a forfeiture of property, to suspend or | ||||||
6 | cancel a license, to
remove a person from office, or to impose | ||||||
7 | any other civil penalty.
| ||||||
8 | (g) Whenever a defendant is convicted of an offense under | ||||||
9 | Sections
11-14, 11-15, 11-15.1, 11-16, 11-17, 11-18, 11-18.1, | ||||||
10 | 11-19, 11-19.1, 11-19.2,
12-13, 12-14, 12-14.1, 12-15 or 12-16 | ||||||
11 | of the Criminal Code of 1961,
the defendant shall undergo | ||||||
12 | medical testing to
determine whether the defendant has any | ||||||
13 | sexually transmissible disease,
including a test for infection | ||||||
14 | with human immunodeficiency virus (HIV) or
any other identified | ||||||
15 | causative agent of acquired immunodeficiency syndrome
(AIDS). | ||||||
16 | Any such medical test shall be performed only by appropriately
| ||||||
17 | licensed medical practitioners and may include an analysis of | ||||||
18 | any bodily
fluids as well as an examination of the defendant's | ||||||
19 | person.
Except as otherwise provided by law, the results of | ||||||
20 | such test shall be kept
strictly confidential by all medical | ||||||
21 | personnel involved in the testing and must
be personally | ||||||
22 | delivered in a sealed envelope to the judge of the court in | ||||||
23 | which
the conviction was entered for the judge's inspection in | ||||||
24 | camera. Acting in
accordance with the best interests of the | ||||||
25 | victim and the public, the judge
shall have the discretion to | ||||||
26 | determine to whom, if anyone, the results of the
testing may be |
| |||||||
| |||||||
1 | revealed. The court shall notify the defendant
of the test | ||||||
2 | results. The court shall
also notify the victim if requested by | ||||||
3 | the victim, and if the victim is under
the age of 15 and if | ||||||
4 | requested by the victim's parents or legal guardian, the
court | ||||||
5 | shall notify the victim's parents or legal guardian of the test
| ||||||
6 | results.
The court shall provide information on the | ||||||
7 | availability of HIV testing
and counseling at Department of | ||||||
8 | Public Health facilities to all parties to
whom the results of | ||||||
9 | the testing are revealed and shall direct the State's
Attorney | ||||||
10 | to provide the information to the victim when possible.
A | ||||||
11 | State's Attorney may petition the court to obtain the results | ||||||
12 | of any HIV test
administered under this Section, and the court | ||||||
13 | shall grant the disclosure if
the State's Attorney shows it is | ||||||
14 | relevant in order to prosecute a charge of
criminal | ||||||
15 | transmission of HIV under Section 12-16.2 of the Criminal Code | ||||||
16 | of 1961
against the defendant. The court shall order that the | ||||||
17 | cost of any such test
shall be paid by the county and may be | ||||||
18 | taxed as costs against the convicted
defendant.
| ||||||
19 | (g-5) When an inmate is tested for an airborne communicable | ||||||
20 | disease, as
determined by the Illinois Department of Public | ||||||
21 | Health including but not
limited to tuberculosis, the results | ||||||
22 | of the test shall be
personally delivered by the warden or his | ||||||
23 | or her designee in a sealed envelope
to the judge of the court | ||||||
24 | in which the inmate must appear for the judge's
inspection in | ||||||
25 | camera if requested by the judge. Acting in accordance with the
| ||||||
26 | best interests of those in the courtroom, the judge shall have |
| |||||||
| |||||||
1 | the discretion
to determine what if any precautions need to be | ||||||
2 | taken to prevent transmission
of the disease in the courtroom.
| ||||||
3 | (h) Whenever a defendant is convicted of an offense under | ||||||
4 | Section 1 or 2
of the Hypodermic Syringes and Needles Act, the | ||||||
5 | defendant shall undergo
medical testing to determine whether | ||||||
6 | the defendant has been exposed to human
immunodeficiency virus | ||||||
7 | (HIV) or any other identified causative agent of
acquired | ||||||
8 | immunodeficiency syndrome (AIDS). Except as otherwise provided | ||||||
9 | by
law, the results of such test shall be kept strictly | ||||||
10 | confidential by all
medical personnel involved in the testing | ||||||
11 | and must be personally delivered in a
sealed envelope to the | ||||||
12 | judge of the court in which the conviction was entered
for the | ||||||
13 | judge's inspection in camera. Acting in accordance with the | ||||||
14 | best
interests of the public, the judge shall have the | ||||||
15 | discretion to determine to
whom, if anyone, the results of the | ||||||
16 | testing may be revealed. The court shall
notify the defendant | ||||||
17 | of a positive test showing an infection with the human
| ||||||
18 | immunodeficiency virus (HIV). The court shall provide | ||||||
19 | information on the
availability of HIV testing and counseling | ||||||
20 | at Department of Public Health
facilities to all parties to | ||||||
21 | whom the results of the testing are revealed and
shall direct | ||||||
22 | the State's Attorney to provide the information to the victim | ||||||
23 | when
possible. A State's Attorney may petition the court to | ||||||
24 | obtain the results of
any HIV test administered under this | ||||||
25 | Section, and the court shall grant the
disclosure if the | ||||||
26 | State's Attorney shows it is relevant in order to prosecute a
|
| |||||||
| |||||||
1 | charge of criminal transmission of HIV under Section 12-16.2 of | ||||||
2 | the Criminal
Code of 1961 against the defendant. The court | ||||||
3 | shall order that the cost of any
such test shall be paid by the | ||||||
4 | county and may be taxed as costs against the
convicted | ||||||
5 | defendant.
| ||||||
6 | (i) All fines and penalties imposed under this Section for | ||||||
7 | any violation
of Chapters 3, 4, 6, and 11 of the Illinois | ||||||
8 | Vehicle Code, or a similar
provision of a local ordinance, and | ||||||
9 | any violation
of the Child Passenger Protection Act, or a | ||||||
10 | similar provision of a local
ordinance, shall be collected and | ||||||
11 | disbursed by the circuit
clerk as provided under Section 27.5 | ||||||
12 | of the Clerks of Courts Act.
| ||||||
13 | (j) In cases when prosecution for any violation of Section | ||||||
14 | 11-6, 11-8,
11-9, 11-11, 11-14, 11-15, 11-15.1, 11-16, 11-17, | ||||||
15 | 11-17.1, 11-18, 11-18.1,
11-19, 11-19.1, 11-19.2, 11-20.1, | ||||||
16 | 11-21, 12-13, 12-14, 12-14.1, 12-15, or
12-16 of the
Criminal | ||||||
17 | Code of 1961, any violation of the Illinois Controlled | ||||||
18 | Substances Act,
any violation of the Cannabis Control Act, or | ||||||
19 | any violation of the Methamphetamine Control and Community | ||||||
20 | Protection Act results in conviction, a
disposition of court | ||||||
21 | supervision, or an order of probation granted under
Section 10 | ||||||
22 | of the Cannabis Control Act, Section 410 of the Illinois
| ||||||
23 | Controlled Substance Act, or Section 70 of the Methamphetamine | ||||||
24 | Control and Community Protection Act of a defendant, the court | ||||||
25 | shall determine whether the
defendant is employed by a facility | ||||||
26 | or center as defined under the Child Care
Act of 1969, a public |
| |||||||
| |||||||
1 | or private elementary or secondary school, or otherwise
works | ||||||
2 | with children under 18 years of age on a daily basis. When a | ||||||
3 | defendant
is so employed, the court shall order the Clerk of | ||||||
4 | the Court to send a copy of
the judgment of conviction or order | ||||||
5 | of supervision or probation to the
defendant's employer by | ||||||
6 | certified mail.
If the employer of the defendant is a school, | ||||||
7 | the Clerk of the Court shall
direct the mailing of a copy of | ||||||
8 | the judgment of conviction or order of
supervision or probation | ||||||
9 | to the appropriate regional superintendent of schools.
The | ||||||
10 | regional superintendent of schools shall notify the State Board | ||||||
11 | of
Education of any notification under this subsection.
| ||||||
12 | (j-5) A defendant at least 17 years of age who is convicted | ||||||
13 | of a felony and
who has not been previously convicted of a | ||||||
14 | misdemeanor or felony and who is
sentenced to a term of | ||||||
15 | imprisonment in the Illinois Department of Corrections
shall as | ||||||
16 | a condition of his or her sentence be required by the court to | ||||||
17 | attend
educational courses designed to prepare the defendant | ||||||
18 | for a high school diploma
and to work toward a high school | ||||||
19 | diploma or to work toward passing the high
school level Test of | ||||||
20 | General Educational Development (GED) or to work toward
| ||||||
21 | completing a vocational training program offered by the | ||||||
22 | Department of
Corrections. If a defendant fails to complete the | ||||||
23 | educational training
required by his or her sentence during the | ||||||
24 | term of incarceration, the Prisoner
Review Board shall, as a | ||||||
25 | condition of mandatory supervised release, require the
| ||||||
26 | defendant, at his or her own expense, to pursue a course of |
| |||||||
| |||||||
1 | study toward a high
school diploma or passage of the GED test. | ||||||
2 | The Prisoner Review Board shall
revoke the mandatory supervised | ||||||
3 | release of a defendant who wilfully fails to
comply with this | ||||||
4 | subsection (j-5) upon his or her release from confinement in a
| ||||||
5 | penal institution while serving a mandatory supervised release | ||||||
6 | term; however,
the inability of the defendant after making a | ||||||
7 | good faith effort to obtain
financial aid or pay for the | ||||||
8 | educational training shall not be deemed a wilful
failure to | ||||||
9 | comply. The Prisoner Review Board shall recommit the defendant
| ||||||
10 | whose mandatory supervised release term has been revoked under | ||||||
11 | this subsection
(j-5) as provided in Section 3-3-9. This | ||||||
12 | subsection (j-5) does not apply to a
defendant who has a high | ||||||
13 | school diploma or has successfully passed the GED
test. This | ||||||
14 | subsection (j-5) does not apply to a defendant who is | ||||||
15 | determined by
the court to be developmentally disabled or | ||||||
16 | otherwise mentally incapable of
completing the educational or | ||||||
17 | vocational program.
| ||||||
18 | (k) A court may not impose a sentence or disposition for a
| ||||||
19 | felony or misdemeanor that requires the defendant to be | ||||||
20 | implanted or injected
with or to use any form of birth control.
| ||||||
21 | (l) (A) Except as provided
in paragraph (C) of subsection | ||||||
22 | (l), whenever a defendant,
who is an alien as defined by | ||||||
23 | the Immigration and Nationality Act, is convicted
of any | ||||||
24 | felony or misdemeanor offense, the court after sentencing | ||||||
25 | the defendant
may, upon motion of the State's Attorney, | ||||||
26 | hold sentence in abeyance and remand
the defendant to the |
| |||||||
| |||||||
1 | custody of the Attorney General of
the United States or his | ||||||
2 | or her designated agent to be deported when:
| ||||||
3 | (1) a final order of deportation has been issued | ||||||
4 | against the defendant
pursuant to proceedings under | ||||||
5 | the Immigration and Nationality Act, and
| ||||||
6 | (2) the deportation of the defendant would not | ||||||
7 | deprecate the seriousness
of the defendant's conduct | ||||||
8 | and would not be inconsistent with the ends of
justice.
| ||||||
9 | Otherwise, the defendant shall be sentenced as | ||||||
10 | provided in this Chapter V.
| ||||||
11 | (B) If the defendant has already been sentenced for a | ||||||
12 | felony or
misdemeanor
offense, or has been placed on | ||||||
13 | probation under Section 10 of the Cannabis
Control Act,
| ||||||
14 | Section 410 of the Illinois Controlled Substances Act, or | ||||||
15 | Section 70 of the Methamphetamine Control and Community | ||||||
16 | Protection Act, the court
may, upon motion of the State's | ||||||
17 | Attorney to suspend the
sentence imposed, commit the | ||||||
18 | defendant to the custody of the Attorney General
of the | ||||||
19 | United States or his or her designated agent when:
| ||||||
20 | (1) a final order of deportation has been issued | ||||||
21 | against the defendant
pursuant to proceedings under | ||||||
22 | the Immigration and Nationality Act, and
| ||||||
23 | (2) the deportation of the defendant would not | ||||||
24 | deprecate the seriousness
of the defendant's conduct | ||||||
25 | and would not be inconsistent with the ends of
justice.
| ||||||
26 | (C) This subsection (l) does not apply to offenders who |
| |||||||
| |||||||
1 | are subject to the
provisions of paragraph (2) of | ||||||
2 | subsection (a) of Section 3-6-3.
| ||||||
3 | (D) Upon motion of the State's Attorney, if a defendant | ||||||
4 | sentenced under
this Section returns to the jurisdiction of | ||||||
5 | the United States, the defendant
shall be recommitted to | ||||||
6 | the custody of the county from which he or she was
| ||||||
7 | sentenced.
Thereafter, the defendant shall be brought | ||||||
8 | before the sentencing court, which
may impose any sentence | ||||||
9 | that was available under Section 5-5-3 at the time of
| ||||||
10 | initial sentencing. In addition, the defendant shall not be | ||||||
11 | eligible for
additional good conduct credit for | ||||||
12 | meritorious service as provided under
Section 3-6-6.
| ||||||
13 | (m) A person convicted of criminal defacement of property | ||||||
14 | under Section
21-1.3 of the Criminal Code of 1961, in which the | ||||||
15 | property damage exceeds $300
and the property damaged is a | ||||||
16 | school building, shall be ordered to perform
community service | ||||||
17 | that may include cleanup, removal, or painting over the
| ||||||
18 | defacement.
| ||||||
19 | (n) The court may sentence a person convicted of a | ||||||
20 | violation of Section
12-19, 12-21, or 16-1.3 of the Criminal | ||||||
21 | Code of 1961 (i) to an impact
incarceration program if the | ||||||
22 | person is otherwise eligible for that program
under Section | ||||||
23 | 5-8-1.1, (ii) to community service, or (iii) if the person is | ||||||
24 | an
addict or alcoholic, as defined in the Alcoholism and Other | ||||||
25 | Drug Abuse and
Dependency Act, to a substance or alcohol abuse | ||||||
26 | program licensed under that
Act. |
| |||||||
| |||||||
1 | (o) Whenever a person is convicted of a sex offense as | ||||||
2 | defined in Section 2 of the Sex Offender Registration Act, the | ||||||
3 | defendant's driver's license or permit shall be subject to | ||||||
4 | renewal on an annual basis in accordance with the provisions of | ||||||
5 | license renewal established by the Secretary of State.
| ||||||
6 | (Source: P.A. 93-44, eff. 7-1-03; 93-156, eff. 1-1-04; 93-169, | ||||||
7 | eff. 7-10-03; 93-301, eff. 1-1-04; 93-419, eff. 1-1-04; 93-546, | ||||||
8 | eff. 1-1-04; 93-694, eff. 7-9-04; 93-782, eff. 1-1-05; 93-800, | ||||||
9 | eff. 1-1-05; 93-1014, eff. 1-1-05; 94-72, eff. 1-1-06; 94-556, | ||||||
10 | eff. 9-11-05; 94-993, eff. 1-1-07; 94-1035, eff. 7-1-07; | ||||||
11 | revised 8-28-06.)
| ||||||
12 | (730 ILCS 5/5-5-6) (from Ch. 38, par. 1005-5-6)
| ||||||
13 | Sec. 5-5-6. In all convictions for offenses in violation of | ||||||
14 | the Criminal
Code of 1961 in which the person received any | ||||||
15 | injury to their person or damage
to their real or personal | ||||||
16 | property as a result of the criminal act of the
defendant, the | ||||||
17 | court shall order restitution as provided in this Section. In
| ||||||
18 | all other cases, except cases in which restitution is required | ||||||
19 | under this
Section, the court must at the sentence hearing | ||||||
20 | determine whether restitution
is an appropriate sentence to be | ||||||
21 | imposed on each defendant convicted of an
offense. If the court | ||||||
22 | determines that an order directing the offender to make
| ||||||
23 | restitution is appropriate, the offender may be sentenced to | ||||||
24 | make restitution.
The court may consider restitution an | ||||||
25 | appropriate sentence to be imposed on each defendant convicted |
| |||||||
| |||||||
1 | of an offense in addition to a sentence of imprisonment. The | ||||||
2 | sentence of the defendant to a term of imprisonment is not a | ||||||
3 | mitigating factor that prevents the court from ordering the | ||||||
4 | defendant to pay restitution. If
the offender is sentenced to | ||||||
5 | make restitution the Court shall determine the
restitution as | ||||||
6 | hereinafter set forth:
| ||||||
7 | (a) At the sentence hearing, the court shall determine | ||||||
8 | whether the
property
may be restored in kind to the | ||||||
9 | possession of the owner or the person entitled
to | ||||||
10 | possession thereof; or whether the defendant is possessed | ||||||
11 | of sufficient
skill to repair and restore property damaged; | ||||||
12 | or whether the defendant should
be required to make | ||||||
13 | restitution in cash, for out-of-pocket expenses, damages,
| ||||||
14 | losses, or injuries found to have been proximately caused | ||||||
15 | by the conduct
of the defendant or another for whom the | ||||||
16 | defendant is legally accountable
under the provisions of | ||||||
17 | Article V of the Criminal Code of 1961.
| ||||||
18 | (b) In fixing the amount of restitution to be paid in | ||||||
19 | cash, the court
shall allow credit for property returned in | ||||||
20 | kind, for property damages ordered
to be repaired by the | ||||||
21 | defendant, and for property ordered to be restored
by the | ||||||
22 | defendant; and after granting the credit, the court shall | ||||||
23 | assess
the actual out-of-pocket expenses, losses, damages, | ||||||
24 | and injuries suffered
by the victim named in the charge and | ||||||
25 | any other victims who may also have
suffered out-of-pocket | ||||||
26 | expenses, losses, damages, and injuries proximately
caused |
| |||||||
| |||||||
1 | by the same criminal conduct of the defendant, and | ||||||
2 | insurance
carriers who have indemnified the named victim or | ||||||
3 | other victims for the
out-of-pocket expenses, losses, | ||||||
4 | damages, or injuries, provided that in no
event shall | ||||||
5 | restitution be ordered to be paid on account of pain and
| ||||||
6 | suffering. If a defendant is placed on supervision for, or | ||||||
7 | convicted of,
domestic battery, the defendant shall be | ||||||
8 | required to pay restitution to any
domestic violence | ||||||
9 | shelter in which the victim and any other family or | ||||||
10 | household
members lived because of the domestic battery. | ||||||
11 | The amount of the restitution
shall equal the actual | ||||||
12 | expenses of the domestic violence shelter in providing
| ||||||
13 | housing and any other services for the victim and any other | ||||||
14 | family or household
members living at the shelter. If a | ||||||
15 | defendant fails to pay restitution in
the manner or within
| ||||||
16 | the time period specified by the court, the court may enter | ||||||
17 | an order
directing the sheriff to seize any real or | ||||||
18 | personal property of a defendant
to the extent necessary to | ||||||
19 | satisfy the order of restitution and dispose of
the | ||||||
20 | property by public sale. All proceeds from such sale in | ||||||
21 | excess of the
amount of restitution plus court costs and | ||||||
22 | the costs of the sheriff in
conducting the sale shall be | ||||||
23 | paid to the defendant. The defendant convicted of
domestic | ||||||
24 | battery, if a person under 18 years of age was present and | ||||||
25 | witnessed the domestic battery of the
victim, is liable to | ||||||
26 | pay restitution for the cost of any counseling required
for
|
| |||||||
| |||||||
1 | the child at the discretion of the court.
| ||||||
2 | (c) In cases where more than one defendant is | ||||||
3 | accountable for the same
criminal conduct that results in | ||||||
4 | out-of-pocket expenses, losses, damages,
or injuries, each | ||||||
5 | defendant shall be ordered to pay restitution in the amount
| ||||||
6 | of the total actual out-of-pocket expenses, losses, | ||||||
7 | damages, or injuries
to the victim proximately caused by | ||||||
8 | the conduct of all of the defendants
who are legally | ||||||
9 | accountable for the offense.
| ||||||
10 | (1) In no event shall the victim be entitled to | ||||||
11 | recover restitution in
excess of the actual | ||||||
12 | out-of-pocket expenses, losses, damages, or injuries,
| ||||||
13 | proximately caused by the conduct of all of the | ||||||
14 | defendants.
| ||||||
15 | (2) As between the defendants, the court may | ||||||
16 | apportion the restitution
that is payable in | ||||||
17 | proportion to each co-defendant's culpability in the
| ||||||
18 | commission of the offense.
| ||||||
19 | (3) In the absence of a specific order apportioning | ||||||
20 | the restitution,
each defendant shall bear his pro rata | ||||||
21 | share of the restitution.
| ||||||
22 | (4) As between the defendants, each defendant | ||||||
23 | shall be entitled to a pro
rata reduction in the total | ||||||
24 | restitution required to be paid to the victim
for | ||||||
25 | amounts of restitution actually paid by co-defendants, | ||||||
26 | and defendants
who shall have paid more than their pro |
| |||||||
| |||||||
1 | rata share shall be entitled to
refunds to be computed | ||||||
2 | by the court as additional amounts are
paid by | ||||||
3 | co-defendants.
| ||||||
4 | (d) In instances where a defendant has more than one | ||||||
5 | criminal charge
pending
against him in a single case, or | ||||||
6 | more than one case, and the defendant stands
convicted of | ||||||
7 | one or more charges, a plea agreement negotiated by the | ||||||
8 | State's
Attorney and the defendants may require the | ||||||
9 | defendant to make restitution
to victims of charges that | ||||||
10 | have been dismissed or which it is contemplated
will be | ||||||
11 | dismissed under the terms of the plea agreement, and under | ||||||
12 | the
agreement, the court may impose a sentence of | ||||||
13 | restitution on the charge
or charges of which the defendant | ||||||
14 | has been convicted that would require
the defendant to make | ||||||
15 | restitution to victims of other offenses as provided
in the | ||||||
16 | plea agreement.
| ||||||
17 | (e) The court may require the defendant to apply the | ||||||
18 | balance of the cash
bond, after payment of court costs, and | ||||||
19 | any fine that may be imposed to
the payment of restitution.
| ||||||
20 | (f) Taking into consideration the ability of the | ||||||
21 | defendant to pay, including any real or personal property | ||||||
22 | or any other assets of the defendant,
the court shall | ||||||
23 | determine whether restitution shall be paid in a single
| ||||||
24 | payment or in installments, and shall fix a period of time | ||||||
25 | not in excess
of 5 years or the period of time specified in | ||||||
26 | subsection (f-1), not including periods of incarceration, |
| |||||||
| |||||||
1 | within which payment of
restitution is to be paid in full.
| ||||||
2 | Complete restitution shall be paid in as short a time | ||||||
3 | period as possible.
However, if the court deems it | ||||||
4 | necessary and in the best interest of the
victim, the court | ||||||
5 | may extend beyond 5 years the period of time within which | ||||||
6 | the
payment of restitution is to be paid.
If the defendant | ||||||
7 | is ordered to pay restitution and the court orders that
| ||||||
8 | restitution is to be paid over a period greater than 6 | ||||||
9 | months, the court
shall order that the defendant make | ||||||
10 | monthly payments; the court may waive
this requirement of | ||||||
11 | monthly payments only if there is a specific finding of
| ||||||
12 | good cause for waiver.
| ||||||
13 | (f-1)(1) In addition to any other penalty prescribed by | ||||||
14 | law and any restitution ordered under this Section that did | ||||||
15 | not include long-term physical health care costs, the court | ||||||
16 | may, upon conviction of any misdemeanor or felony, order a | ||||||
17 | defendant to pay restitution to a victim in accordance with | ||||||
18 | the provisions of this subsection (f-1) if the victim has | ||||||
19 | suffered physical injury as a result of the offense that is | ||||||
20 | reasonably probable to require or has required long-term | ||||||
21 | physical health care for more than 3 months. As used in | ||||||
22 | this subsection (f-1) "long-term physical health care" | ||||||
23 | includes mental health care.
| ||||||
24 | (2) The victim's estimate of long-term physical health | ||||||
25 | care costs may be made as part of a victim impact statement | ||||||
26 | under Section 6 of the Rights of Crime Victims and |
| |||||||
| |||||||
1 | Witnesses Act or made separately. The court shall enter the | ||||||
2 | long-term physical health care restitution order at the | ||||||
3 | time of sentencing. An order of restitution made under this | ||||||
4 | subsection (f-1) shall fix a monthly amount to be paid by | ||||||
5 | the defendant for as long as long-term physical health care | ||||||
6 | of the victim is required as a result of the offense. The | ||||||
7 | order may exceed the length of any sentence imposed upon | ||||||
8 | the defendant for the criminal activity. The court shall | ||||||
9 | include as a special finding in the judgment of conviction | ||||||
10 | its determination of the monthly cost of long-term physical | ||||||
11 | health care.
| ||||||
12 | (3) After a sentencing order has been entered, the | ||||||
13 | court may from time to time, on the petition of either the | ||||||
14 | defendant or the victim, or upon its own motion, enter an | ||||||
15 | order for restitution for long-term physical care or modify | ||||||
16 | the existing order for restitution for long-term physical | ||||||
17 | care as to the amount of monthly payments. Any modification | ||||||
18 | of the order shall be based only upon a substantial change | ||||||
19 | of circumstances relating to the cost of long-term physical | ||||||
20 | health care or the financial condition of either the | ||||||
21 | defendant or the victim. The petition shall be filed as | ||||||
22 | part of the original criminal docket.
| ||||||
23 | (g) In addition to the sentences provided for in | ||||||
24 | Sections 11-19.2, 11-20.1, 12-13,
12-14, 12-14.1, 12-15, | ||||||
25 | and 12-16 of the Criminal Code of 1961, the court may
order | ||||||
26 | any person who is convicted of violating any of those |
| |||||||
| |||||||
1 | Sections or who was charged with any of those offenses and | ||||||
2 | which charge was reduced to another charge as a result of a | ||||||
3 | plea agreement under subsection (d) of this Section to meet
| ||||||
4 | all or any portion of the financial obligations of | ||||||
5 | treatment, including but not
limited to medical, | ||||||
6 | psychiatric, or rehabilitative treatment or psychological | ||||||
7 | counseling,
prescribed for the victim or victims of the | ||||||
8 | offense.
| ||||||
9 | The payments shall be made by the defendant to the | ||||||
10 | clerk of the circuit
court
and transmitted by the clerk to | ||||||
11 | the appropriate person or agency as directed by
the court. | ||||||
12 | Except as otherwise provided in subsection (f-1), the
order | ||||||
13 | may require such payments to be made for a period not to
| ||||||
14 | exceed 5 years after sentencing, not including periods of | ||||||
15 | incarceration.
| ||||||
16 | (h) The judge may enter an order of withholding to | ||||||
17 | collect the amount
of restitution owed in accordance with | ||||||
18 | Part 8 of Article XII of the Code of
Civil Procedure.
| ||||||
19 | (i) A sentence of restitution may be modified or | ||||||
20 | revoked by the court
if the offender commits another | ||||||
21 | offense, or the offender fails to make
restitution as | ||||||
22 | ordered by the court, but no sentence to make restitution
| ||||||
23 | shall be revoked unless the court shall find that the | ||||||
24 | offender has had the
financial ability to make restitution, | ||||||
25 | and he has wilfully refused to do
so. When the offender's | ||||||
26 | ability to pay restitution was established at the time
an |
| |||||||
| |||||||
1 | order of restitution was entered or modified, or when the | ||||||
2 | offender's ability
to pay was based on the offender's | ||||||
3 | willingness to make restitution as part of a
plea agreement | ||||||
4 | made at the time the order of restitution was entered or
| ||||||
5 | modified, there is a rebuttable presumption that the facts | ||||||
6 | and circumstances
considered by the court at the hearing at | ||||||
7 | which the order of restitution was
entered or modified | ||||||
8 | regarding the offender's ability or willingness to pay
| ||||||
9 | restitution have not materially changed. If the court shall | ||||||
10 | find that the
defendant has failed to make
restitution and | ||||||
11 | that the failure is not wilful, the court may impose an
| ||||||
12 | additional period of time within which to make restitution. | ||||||
13 | The length of
the additional period shall not be more than | ||||||
14 | 2 years. The court shall
retain all of the incidents of the | ||||||
15 | original sentence, including the
authority to modify or | ||||||
16 | enlarge the conditions, and to revoke or further
modify the | ||||||
17 | sentence if the conditions of payment are violated during | ||||||
18 | the
additional period.
| ||||||
19 | (j) The procedure upon the filing of a Petition to | ||||||
20 | Revoke a sentence to
make restitution shall be the same as | ||||||
21 | the procedures set forth in Section
5-6-4 of this Code | ||||||
22 | governing violation, modification, or revocation of
| ||||||
23 | Probation, of Conditional Discharge, or of Supervision.
| ||||||
24 | (k) Nothing contained in this Section shall preclude | ||||||
25 | the right of any
party to proceed in a civil action to | ||||||
26 | recover for any damages incurred due
to the criminal |
| |||||||
| |||||||
1 | misconduct of the defendant.
| ||||||
2 | (l) Restitution ordered under this Section shall not be
| ||||||
3 | subject to disbursement by the circuit clerk under Section | ||||||
4 | 27.5 of the
Clerks of Courts Act.
| ||||||
5 | (m) A restitution order under this Section is a | ||||||
6 | judgment lien in favor
of
the victim that:
| ||||||
7 | (1) Attaches to the property of the person subject | ||||||
8 | to the order;
| ||||||
9 | (2) May be perfected in the same manner as provided | ||||||
10 | in Part 3 of Article
9 of the Uniform Commercial Code;
| ||||||
11 | (3) May be enforced to satisfy any payment that is | ||||||
12 | delinquent under the
restitution order by the person in | ||||||
13 | whose favor the order is issued or the
person's | ||||||
14 | assignee; and
| ||||||
15 | (4) Expires in the same manner as a judgment lien | ||||||
16 | created in a civil
proceeding.
| ||||||
17 | When a restitution order is issued under this Section, | ||||||
18 | the issuing court
shall send a certified copy of the order | ||||||
19 | to the clerk of the circuit court
in the county where the | ||||||
20 | charge was filed. Upon receiving the order, the
clerk shall | ||||||
21 | enter and index the order in the circuit court judgment | ||||||
22 | docket.
| ||||||
23 | (n) An order of restitution under this Section does not | ||||||
24 | bar
a civil action for:
| ||||||
25 | (1) Damages that the court did not require the | ||||||
26 | person to pay to the
victim under the restitution order |
| |||||||
| |||||||
1 | but arise from an injury or property
damages that is | ||||||
2 | the basis of restitution ordered by the court; and
| ||||||
3 | (2) Other damages suffered by the victim.
| ||||||
4 | The restitution order is not discharged by the
completion | ||||||
5 | of the sentence imposed for the offense.
| ||||||
6 | A restitution order under this Section is not discharged by | ||||||
7 | the
liquidation of a person's estate by a receiver. A | ||||||
8 | restitution order under
this Section may be enforced in the | ||||||
9 | same manner as judgment liens are
enforced under Article XII of | ||||||
10 | the Code of Civil Procedure.
| ||||||
11 | The provisions of Section 2-1303 of the Code of Civil | ||||||
12 | Procedure,
providing for interest on judgments, apply to | ||||||
13 | judgments for restitution entered
under this Section.
| ||||||
14 | (Source: P.A. 94-148, eff. 1-1-06; 94-397, eff. 1-1-06; revised | ||||||
15 | 8-19-05.)
| ||||||
16 | (730 ILCS 5/5-6-3) (from Ch. 38, par. 1005-6-3)
| ||||||
17 | Sec. 5-6-3. Conditions of Probation and of Conditional | ||||||
18 | Discharge.
| ||||||
19 | (a) The conditions of probation and of conditional | ||||||
20 | discharge shall be
that the person:
| ||||||
21 | (1) not violate any criminal statute of any | ||||||
22 | jurisdiction;
| ||||||
23 | (2) report to or appear in person before such person or | ||||||
24 | agency as
directed by the court;
| ||||||
25 | (3) refrain from possessing a firearm or other |
| |||||||
| |||||||
1 | dangerous weapon;
| ||||||
2 | (4) not leave the State without the consent of the | ||||||
3 | court or, in
circumstances in which the reason for the | ||||||
4 | absence is of such an emergency
nature that prior consent | ||||||
5 | by the court is not possible, without the prior
| ||||||
6 | notification and approval of the person's probation
| ||||||
7 | officer. Transfer of a person's probation or conditional | ||||||
8 | discharge
supervision to another state is subject to | ||||||
9 | acceptance by the other state
pursuant to the Interstate | ||||||
10 | Compact for Adult Offender Supervision;
| ||||||
11 | (5) permit the probation officer to visit
him at his | ||||||
12 | home or elsewhere
to the extent necessary to discharge his | ||||||
13 | duties;
| ||||||
14 | (6) perform no less than 30 hours of community service | ||||||
15 | and not more than
120 hours of community service, if | ||||||
16 | community service is available in the
jurisdiction and is | ||||||
17 | funded and approved by the county board where the offense
| ||||||
18 | was committed, where the offense was related to or in | ||||||
19 | furtherance of the
criminal activities of an organized gang | ||||||
20 | and was motivated by the offender's
membership in or | ||||||
21 | allegiance to an organized gang. The community service | ||||||
22 | shall
include, but not be limited to, the cleanup and | ||||||
23 | repair of any damage caused by
a violation of Section | ||||||
24 | 21-1.3 of the Criminal Code of 1961 and similar damage
to | ||||||
25 | property located within the municipality or county in which | ||||||
26 | the violation
occurred. When possible and reasonable, the |
| |||||||
| |||||||
1 | community service should be
performed in the offender's | ||||||
2 | neighborhood. For purposes of this Section,
"organized | ||||||
3 | gang" has the meaning ascribed to it in Section 10 of the | ||||||
4 | Illinois
Streetgang Terrorism Omnibus Prevention Act;
| ||||||
5 | (7) if he or she is at least 17 years of age and has | ||||||
6 | been sentenced to
probation or conditional discharge for a | ||||||
7 | misdemeanor or felony in a county of
3,000,000 or more | ||||||
8 | inhabitants and has not been previously convicted of a
| ||||||
9 | misdemeanor or felony, may be required by the sentencing | ||||||
10 | court to attend
educational courses designed to prepare the | ||||||
11 | defendant for a high school diploma
and to work toward a | ||||||
12 | high school diploma or to work toward passing the high
| ||||||
13 | school level Test of General Educational Development (GED) | ||||||
14 | or to work toward
completing a vocational training program | ||||||
15 | approved by the court. The person on
probation or | ||||||
16 | conditional discharge must attend a public institution of
| ||||||
17 | education to obtain the educational or vocational training | ||||||
18 | required by this
clause (7). The court shall revoke the | ||||||
19 | probation or conditional discharge of a
person who wilfully | ||||||
20 | fails to comply with this clause (7). The person on
| ||||||
21 | probation or conditional discharge shall be required to pay | ||||||
22 | for the cost of the
educational courses or GED test, if a | ||||||
23 | fee is charged for those courses or
test. The court shall | ||||||
24 | resentence the offender whose probation or conditional
| ||||||
25 | discharge has been revoked as provided in Section 5-6-4. | ||||||
26 | This clause (7) does
not apply to a person who has a high |
| |||||||
| |||||||
1 | school diploma or has successfully passed
the GED test. | ||||||
2 | This clause (7) does not apply to a person who is | ||||||
3 | determined by
the court to be developmentally disabled or | ||||||
4 | otherwise mentally incapable of
completing the educational | ||||||
5 | or vocational program;
| ||||||
6 | (8) if convicted of possession of a substance | ||||||
7 | prohibited
by the Cannabis Control Act, the Illinois | ||||||
8 | Controlled Substances Act, or the Methamphetamine Control | ||||||
9 | and Community Protection Act
after a previous conviction or | ||||||
10 | disposition of supervision for possession of a
substance | ||||||
11 | prohibited by the Cannabis Control Act or Illinois | ||||||
12 | Controlled
Substances Act or after a sentence of probation | ||||||
13 | under Section 10 of the
Cannabis
Control Act, Section 410 | ||||||
14 | of the Illinois Controlled Substances Act, or Section 70 of | ||||||
15 | the Methamphetamine Control and Community Protection Act | ||||||
16 | and upon a
finding by the court that the person is | ||||||
17 | addicted, undergo treatment at a
substance abuse program | ||||||
18 | approved by the court;
| ||||||
19 | (8.5) if convicted of a felony sex offense as defined | ||||||
20 | in the Sex
Offender
Management Board Act, the person shall | ||||||
21 | undergo and successfully complete sex
offender treatment | ||||||
22 | by a treatment provider approved by the Board and conducted
| ||||||
23 | in conformance with the standards developed under the Sex
| ||||||
24 | Offender Management Board Act;
| ||||||
25 | (8.6) if convicted of a sex offense as defined in the | ||||||
26 | Sex Offender Management Board Act, refrain from residing at |
| |||||||
| |||||||
1 | the same address or in the same condominium unit or | ||||||
2 | apartment unit or in the same condominium complex or | ||||||
3 | apartment complex with another person he or she knows or | ||||||
4 | reasonably should know is a convicted sex offender or has | ||||||
5 | been placed on supervision for a sex offense; the | ||||||
6 | provisions of this paragraph do not apply to a person | ||||||
7 | convicted of a sex offense who is placed in a Department of | ||||||
8 | Corrections licensed transitional housing facility for sex | ||||||
9 | offenders; and | ||||||
10 | (9) if convicted of a felony, physically surrender at a | ||||||
11 | time and place
designated by the court, his or her Firearm
| ||||||
12 | Owner's Identification Card and
any and all firearms in
his | ||||||
13 | or her possession; and
| ||||||
14 | (10) if convicted of a sex offense as defined in | ||||||
15 | subsection (a-5) of Section 3-1-2 of this Code, unless the | ||||||
16 | offender is a parent or guardian of the person under 18 | ||||||
17 | years of age present in the home and no non-familial minors | ||||||
18 | are present, not participate in a holiday event involving | ||||||
19 | children under 18 years of age, such as distributing candy | ||||||
20 | or other items to children on Halloween, wearing a Santa | ||||||
21 | Claus costume on or preceding Christmas, being employed as | ||||||
22 | a department store Santa Claus, or wearing an Easter Bunny | ||||||
23 | costume on or preceding Easter. | ||||||
24 | (b) The Court may in addition to other reasonable | ||||||
25 | conditions relating to the
nature of the offense or the | ||||||
26 | rehabilitation of the defendant as determined for
each |
| |||||||
| |||||||
1 | defendant in the proper discretion of the Court require that | ||||||
2 | the person:
| ||||||
3 | (1) serve a term of periodic imprisonment under Article | ||||||
4 | 7 for a
period not to exceed that specified in paragraph | ||||||
5 | (d) of Section 5-7-1;
| ||||||
6 | (2) pay a fine and costs;
| ||||||
7 | (3) work or pursue a course of study or vocational | ||||||
8 | training;
| ||||||
9 | (4) undergo medical, psychological or psychiatric | ||||||
10 | treatment; or treatment
for drug addiction or alcoholism;
| ||||||
11 | (5) attend or reside in a facility established for the | ||||||
12 | instruction
or residence of defendants on probation;
| ||||||
13 | (6) support his dependents;
| ||||||
14 | (7) and in addition, if a minor:
| ||||||
15 | (i) reside with his parents or in a foster home;
| ||||||
16 | (ii) attend school;
| ||||||
17 | (iii) attend a non-residential program for youth;
| ||||||
18 | (iv) contribute to his own support at home or in a | ||||||
19 | foster home;
| ||||||
20 | (v) with the consent of the superintendent of the
| ||||||
21 | facility, attend an educational program at a facility | ||||||
22 | other than the school
in which the
offense was | ||||||
23 | committed if he
or she is convicted of a crime of | ||||||
24 | violence as
defined in
Section 2 of the Crime Victims | ||||||
25 | Compensation Act committed in a school, on the
real
| ||||||
26 | property
comprising a school, or within 1,000 feet of |
| |||||||
| |||||||
1 | the real property comprising a
school;
| ||||||
2 | (8) make restitution as provided in Section 5-5-6 of | ||||||
3 | this Code;
| ||||||
4 | (9) perform some reasonable public or community | ||||||
5 | service;
| ||||||
6 | (10) serve a term of home confinement. In addition to | ||||||
7 | any other
applicable condition of probation or conditional | ||||||
8 | discharge, the
conditions of home confinement shall be that | ||||||
9 | the offender:
| ||||||
10 | (i) remain within the interior premises of the | ||||||
11 | place designated for
his confinement during the hours | ||||||
12 | designated by the court;
| ||||||
13 | (ii) admit any person or agent designated by the | ||||||
14 | court into the
offender's place of confinement at any | ||||||
15 | time for purposes of verifying
the offender's | ||||||
16 | compliance with the conditions of his confinement; and
| ||||||
17 | (iii) if further deemed necessary by the court or | ||||||
18 | the
Probation or
Court Services Department, be placed | ||||||
19 | on an approved
electronic monitoring device, subject | ||||||
20 | to Article 8A of Chapter V;
| ||||||
21 | (iv) for persons convicted of any alcohol, | ||||||
22 | cannabis or controlled
substance violation who are | ||||||
23 | placed on an approved monitoring device as a
condition | ||||||
24 | of probation or conditional discharge, the court shall | ||||||
25 | impose a
reasonable fee for each day of the use of the | ||||||
26 | device, as established by the
county board in |
| |||||||
| |||||||
1 | subsection (g) of this Section, unless after | ||||||
2 | determining the
inability of the offender to pay the | ||||||
3 | fee, the court assesses a lesser fee or no
fee as the | ||||||
4 | case may be. This fee shall be imposed in addition to | ||||||
5 | the fees
imposed under subsections (g) and (i) of this | ||||||
6 | Section. The fee shall be
collected by the clerk of the | ||||||
7 | circuit court. The clerk of the circuit
court shall pay | ||||||
8 | all monies collected from this fee to the county | ||||||
9 | treasurer
for deposit in the substance abuse services | ||||||
10 | fund under Section 5-1086.1 of
the Counties Code; and
| ||||||
11 | (v) for persons convicted of offenses other than | ||||||
12 | those referenced in
clause (iv) above and who are | ||||||
13 | placed on an approved monitoring device as a
condition | ||||||
14 | of probation or conditional discharge, the court shall | ||||||
15 | impose
a reasonable fee for each day of the use of the | ||||||
16 | device, as established by the
county board in | ||||||
17 | subsection (g) of this Section, unless after | ||||||
18 | determining the
inability of the defendant to pay the | ||||||
19 | fee, the court assesses a lesser fee or
no fee as the | ||||||
20 | case may be. This fee shall be imposed in addition to | ||||||
21 | the fees
imposed under subsections (g) and (i) of this | ||||||
22 | Section. The fee
shall be collected by the clerk of the | ||||||
23 | circuit court. The clerk of the circuit
court shall pay | ||||||
24 | all monies collected from this fee
to the county | ||||||
25 | treasurer who shall use the monies collected to defray | ||||||
26 | the
costs of corrections. The county treasurer shall |
| |||||||
| |||||||
1 | deposit the fee
collected in the county working cash | ||||||
2 | fund under Section 6-27001 or Section
6-29002 of the | ||||||
3 | Counties Code, as the case may be.
| ||||||
4 | (11) comply with the terms and conditions of an order | ||||||
5 | of protection issued
by the court pursuant to the Illinois | ||||||
6 | Domestic Violence Act of 1986,
as now or hereafter amended, | ||||||
7 | or an order of protection issued by the court of
another | ||||||
8 | state, tribe, or United States territory. A copy of the | ||||||
9 | order of
protection shall be
transmitted to the probation | ||||||
10 | officer or agency
having responsibility for the case;
| ||||||
11 | (12) reimburse any "local anti-crime program" as | ||||||
12 | defined in Section 7
of the Anti-Crime Advisory Council Act | ||||||
13 | for any reasonable expenses incurred
by the program on the | ||||||
14 | offender's case, not to exceed the maximum amount of
the | ||||||
15 | fine authorized for the offense for which the defendant was | ||||||
16 | sentenced;
| ||||||
17 | (13) contribute a reasonable sum of money, not to | ||||||
18 | exceed the maximum
amount of the fine authorized for the
| ||||||
19 | offense for which the defendant was sentenced, to a "local | ||||||
20 | anti-crime
program", as defined in Section 7 of the | ||||||
21 | Anti-Crime Advisory Council Act;
| ||||||
22 | (14) refrain from entering into a designated | ||||||
23 | geographic area except upon
such terms as the court finds | ||||||
24 | appropriate. Such terms may include
consideration of the | ||||||
25 | purpose of the entry, the time of day, other persons
| ||||||
26 | accompanying the defendant, and advance approval by a
|
| |||||||
| |||||||
1 | probation officer, if
the defendant has been placed on | ||||||
2 | probation or advance approval by the
court, if the | ||||||
3 | defendant was placed on conditional discharge;
| ||||||
4 | (15) refrain from having any contact, directly or | ||||||
5 | indirectly, with
certain specified persons or particular | ||||||
6 | types of persons, including but not
limited to members of | ||||||
7 | street gangs and drug users or dealers;
| ||||||
8 | (16) refrain from having in his or her body the | ||||||
9 | presence of any illicit
drug prohibited by the Cannabis | ||||||
10 | Control Act, the Illinois Controlled
Substances Act, or the | ||||||
11 | Methamphetamine Control and Community Protection Act, | ||||||
12 | unless prescribed by a physician, and submit samples of
his | ||||||
13 | or her blood or urine or both for tests to determine the | ||||||
14 | presence of any
illicit drug.
| ||||||
15 | (c) The court may as a condition of probation or of | ||||||
16 | conditional
discharge require that a person under 18 years of | ||||||
17 | age found guilty of any
alcohol, cannabis or controlled | ||||||
18 | substance violation, refrain from acquiring
a driver's license | ||||||
19 | during
the period of probation or conditional discharge. If | ||||||
20 | such person
is in possession of a permit or license, the court | ||||||
21 | may require that
the minor refrain from driving or operating | ||||||
22 | any motor vehicle during the
period of probation or conditional | ||||||
23 | discharge, except as may be necessary in
the course of the | ||||||
24 | minor's lawful employment.
| ||||||
25 | (d) An offender sentenced to probation or to conditional | ||||||
26 | discharge
shall be given a certificate setting forth the |
| |||||||
| |||||||
1 | conditions thereof.
| ||||||
2 | (e) Except where the offender has committed a fourth or | ||||||
3 | subsequent
violation of subsection (c) of Section 6-303 of the | ||||||
4 | Illinois Vehicle Code,
the court shall not require as a | ||||||
5 | condition of the sentence of
probation or conditional discharge | ||||||
6 | that the offender be committed to a
period of imprisonment in | ||||||
7 | excess of 6 months.
This 6 month limit shall not include | ||||||
8 | periods of confinement given pursuant to
a sentence of county | ||||||
9 | impact incarceration under Section 5-8-1.2.
This 6 month limit | ||||||
10 | does not apply to a person sentenced to probation as a
result | ||||||
11 | of a conviction of a fourth or subsequent violation of | ||||||
12 | subsection (c-4)
of Section 11-501 of the Illinois Vehicle Code | ||||||
13 | or a similar provision of a
local ordinance.
| ||||||
14 | Persons committed to imprisonment as a condition of | ||||||
15 | probation or
conditional discharge shall not be committed to | ||||||
16 | the Department of
Corrections.
| ||||||
17 | (f) The court may combine a sentence of periodic | ||||||
18 | imprisonment under
Article 7 or a sentence to a county impact | ||||||
19 | incarceration program under
Article 8 with a sentence of | ||||||
20 | probation or conditional discharge.
| ||||||
21 | (g) An offender sentenced to probation or to conditional | ||||||
22 | discharge and
who during the term of either undergoes mandatory | ||||||
23 | drug or alcohol testing,
or both, or is assigned to be placed | ||||||
24 | on an approved electronic monitoring
device, shall be ordered | ||||||
25 | to pay all costs incidental to such mandatory drug
or alcohol | ||||||
26 | testing, or both, and all costs
incidental to such approved |
| |||||||
| |||||||
1 | electronic monitoring in accordance with the
defendant's | ||||||
2 | ability to pay those costs. The county board with
the | ||||||
3 | concurrence of the Chief Judge of the judicial
circuit in which | ||||||
4 | the county is located shall establish reasonable fees for
the | ||||||
5 | cost of maintenance, testing, and incidental expenses related | ||||||
6 | to the
mandatory drug or alcohol testing, or both, and all | ||||||
7 | costs incidental to
approved electronic monitoring, involved | ||||||
8 | in a successful probation program
for the county. The | ||||||
9 | concurrence of the Chief Judge shall be in the form of
an | ||||||
10 | administrative order.
The fees shall be collected by the clerk | ||||||
11 | of the circuit court. The clerk of
the circuit court shall pay | ||||||
12 | all moneys collected from these fees to the county
treasurer | ||||||
13 | who shall use the moneys collected to defray the costs of
drug | ||||||
14 | testing, alcohol testing, and electronic monitoring.
The | ||||||
15 | county treasurer shall deposit the fees collected in the
county | ||||||
16 | working cash fund under Section 6-27001 or Section 6-29002 of | ||||||
17 | the
Counties Code, as the case may be.
| ||||||
18 | (h) Jurisdiction over an offender may be transferred from | ||||||
19 | the
sentencing court to the court of another circuit with the | ||||||
20 | concurrence of
both courts. Further transfers or retransfers of
| ||||||
21 | jurisdiction are also
authorized in the same manner. The court | ||||||
22 | to which jurisdiction has been
transferred shall have the same | ||||||
23 | powers as the sentencing court.
| ||||||
24 | (i) The court shall impose upon an offender
sentenced to | ||||||
25 | probation after January 1, 1989 or to conditional discharge
| ||||||
26 | after January 1, 1992 or to community service under the |
| |||||||
| |||||||
1 | supervision of a
probation or court services department after | ||||||
2 | January 1, 2004, as a condition of such probation or | ||||||
3 | conditional
discharge or supervised community service, a fee of | ||||||
4 | $50
for each month of probation or
conditional
discharge | ||||||
5 | supervision or supervised community service ordered by the | ||||||
6 | court, unless after
determining the inability of the person | ||||||
7 | sentenced to probation or conditional
discharge or supervised | ||||||
8 | community service to pay the
fee, the court assesses a lesser | ||||||
9 | fee. The court may not impose the fee on a
minor who is made a | ||||||
10 | ward of the State under the Juvenile Court Act of 1987
while | ||||||
11 | the minor is in placement.
The fee shall be imposed only upon
| ||||||
12 | an offender who is actively supervised by the
probation and | ||||||
13 | court services
department. The fee shall be collected by the | ||||||
14 | clerk
of the circuit court. The clerk of the circuit court | ||||||
15 | shall pay all monies
collected from this fee to the county | ||||||
16 | treasurer for deposit in the
probation and court services fund | ||||||
17 | under Section 15.1 of the
Probation and Probation Officers Act.
| ||||||
18 | A circuit court may not impose a probation fee under this | ||||||
19 | subsection (i) in excess of $25
per month unless: (1) the | ||||||
20 | circuit court has adopted, by administrative
order issued by | ||||||
21 | the chief judge, a standard probation fee guide
determining an | ||||||
22 | offender's ability to pay, under guidelines developed by
the | ||||||
23 | Administrative
Office of the Illinois Courts; and (2) the | ||||||
24 | circuit court has authorized, by
administrative order issued by | ||||||
25 | the chief judge, the creation of a Crime
Victim's Services | ||||||
26 | Fund, to be administered by the Chief Judge or his or
her |
| |||||||
| |||||||
1 | designee, for services to crime victims and their families. Of | ||||||
2 | the
amount collected as a probation fee, up to $5 of that fee
| ||||||
3 | collected per month may be used to provide services to crime | ||||||
4 | victims
and their families.
| ||||||
5 | This amendatory Act of the 93rd General Assembly deletes | ||||||
6 | the $10 increase in the fee under this subsection that was | ||||||
7 | imposed by Public Act 93-616. This deletion is intended to | ||||||
8 | control over any other Act of the 93rd General Assembly that | ||||||
9 | retains or incorporates that fee increase. | ||||||
10 | (i-5) In addition to the fees imposed under subsection (i) | ||||||
11 | of this Section, in the case of an offender convicted of a | ||||||
12 | felony sex offense (as defined in the Sex Offender Management | ||||||
13 | Board Act) or an offense that the court or probation department | ||||||
14 | has determined to be sexually motivated (as defined in the Sex | ||||||
15 | Offender Management Board Act), the court or the probation | ||||||
16 | department shall assess additional fees to pay for all costs of | ||||||
17 | treatment, assessment, evaluation for risk and treatment, and | ||||||
18 | monitoring the offender, based on that offender's ability to | ||||||
19 | pay those costs either as they occur or under a payment plan. | ||||||
20 | (j) All fines and costs imposed under this Section for any | ||||||
21 | violation of
Chapters 3, 4, 6, and 11 of the Illinois Vehicle | ||||||
22 | Code, or a similar
provision of a local ordinance, and any | ||||||
23 | violation of the Child Passenger
Protection Act, or a similar | ||||||
24 | provision of a local ordinance, shall be
collected and | ||||||
25 | disbursed by the circuit clerk as provided under Section 27.5
| ||||||
26 | of the Clerks of Courts Act.
|
| |||||||
| |||||||
1 | (k) Any offender who is sentenced to probation or | ||||||
2 | conditional discharge for a felony sex offense as defined in | ||||||
3 | the Sex Offender Management Board Act or any offense that the | ||||||
4 | court or probation department has determined to be sexually | ||||||
5 | motivated as defined in the Sex Offender Management Board Act | ||||||
6 | shall be required to refrain from any contact, directly or | ||||||
7 | indirectly, with any persons specified by the court and shall | ||||||
8 | be available for all evaluations and treatment programs | ||||||
9 | required by the court or the probation department.
| ||||||
10 | (Source: P.A. 93-475, eff. 8-8-03; 93-616, eff. 1-1-04; 93-970, | ||||||
11 | eff. 8-20-04; 94-159, eff. 7-11-05; 94-161, eff. 7-11-05; | ||||||
12 | 94-556, eff. 9-11-05; revised 8-19-05.)
| ||||||
13 | (730 ILCS 5/5-6-3.1) (from Ch. 38, par. 1005-6-3.1)
| ||||||
14 | Sec. 5-6-3.1. Incidents and Conditions of Supervision.
| ||||||
15 | (a) When a defendant is placed on supervision, the court | ||||||
16 | shall enter
an order for supervision specifying the period of | ||||||
17 | such supervision, and
shall defer further proceedings in the | ||||||
18 | case until the conclusion of the
period.
| ||||||
19 | (b) The period of supervision shall be reasonable under all | ||||||
20 | of the
circumstances of the case, but may not be longer than 2 | ||||||
21 | years, unless the
defendant has failed to pay the assessment | ||||||
22 | required by Section 10.3 of the
Cannabis Control Act,
Section | ||||||
23 | 411.2 of the Illinois Controlled
Substances Act, or Section 80 | ||||||
24 | of the Methamphetamine Control and Community Protection Act, in | ||||||
25 | which case the court may extend supervision beyond 2 years.
|
| |||||||
| |||||||
1 | Additionally, the court shall order the defendant to perform no | ||||||
2 | less than 30
hours of community service and not more than 120 | ||||||
3 | hours of community service, if
community service is available | ||||||
4 | in the
jurisdiction and is funded and approved by the county | ||||||
5 | board where the offense
was committed,
when the offense (1) was
| ||||||
6 | related to or in furtherance of the criminal activities of an | ||||||
7 | organized gang or
was motivated by the defendant's membership | ||||||
8 | in or allegiance to an organized
gang; or (2) is a violation of | ||||||
9 | any Section of Article 24 of the Criminal
Code of 1961 where a | ||||||
10 | disposition of supervision is not prohibited by Section
5-6-1 | ||||||
11 | of this Code.
The
community service shall include, but not be | ||||||
12 | limited to, the cleanup and repair
of any damage caused by | ||||||
13 | violation of Section 21-1.3 of the Criminal Code of
1961 and | ||||||
14 | similar damages to property located within the municipality or | ||||||
15 | county
in which the violation occurred. Where possible and | ||||||
16 | reasonable, the community
service should be performed in the | ||||||
17 | offender's neighborhood.
| ||||||
18 | For the purposes of this
Section, "organized gang" has the | ||||||
19 | meaning ascribed to it in Section 10 of the
Illinois Streetgang | ||||||
20 | Terrorism Omnibus Prevention Act.
| ||||||
21 | (c) The court may in addition to other reasonable | ||||||
22 | conditions
relating to the nature of the offense or the | ||||||
23 | rehabilitation of the
defendant as determined for each | ||||||
24 | defendant in the proper discretion of
the court require that | ||||||
25 | the person:
| ||||||
26 | (1) make a report to and appear in person before or |
| |||||||
| |||||||
1 | participate with
the court or such courts, person, or | ||||||
2 | social service agency as directed
by the court in the order | ||||||
3 | of supervision;
| ||||||
4 | (2) pay a fine and costs;
| ||||||
5 | (3) work or pursue a course of study or vocational | ||||||
6 | training;
| ||||||
7 | (4) undergo medical, psychological or psychiatric | ||||||
8 | treatment; or
treatment for drug addiction or alcoholism;
| ||||||
9 | (5) attend or reside in a facility established for the | ||||||
10 | instruction
or residence of defendants on probation;
| ||||||
11 | (6) support his dependents;
| ||||||
12 | (7) refrain from possessing a firearm or other | ||||||
13 | dangerous weapon;
| ||||||
14 | (8) and in addition, if a minor:
| ||||||
15 | (i) reside with his parents or in a foster home;
| ||||||
16 | (ii) attend school;
| ||||||
17 | (iii) attend a non-residential program for youth;
| ||||||
18 | (iv) contribute to his own support at home or in a | ||||||
19 | foster home; or
| ||||||
20 | (v) with the consent of the superintendent of the
| ||||||
21 | facility, attend an educational program at a facility | ||||||
22 | other than the school
in which the
offense was | ||||||
23 | committed if he
or she is placed on supervision for a | ||||||
24 | crime of violence as
defined in
Section 2 of the Crime | ||||||
25 | Victims Compensation Act committed in a school, on the
| ||||||
26 | real
property
comprising a school, or within 1,000 feet |
| |||||||
| |||||||
1 | of the real property comprising a
school;
| ||||||
2 | (9) make restitution or reparation in an amount not to | ||||||
3 | exceed actual
loss or damage to property and pecuniary loss | ||||||
4 | or make restitution under Section
5-5-6 to a domestic | ||||||
5 | violence shelter. The court shall
determine the amount and | ||||||
6 | conditions of payment;
| ||||||
7 | (10) perform some reasonable public or community | ||||||
8 | service;
| ||||||
9 | (11) comply with the terms and conditions of an order | ||||||
10 | of protection
issued by the court pursuant to the Illinois | ||||||
11 | Domestic Violence Act of 1986 or
an order of protection | ||||||
12 | issued by the court of another state, tribe, or United
| ||||||
13 | States territory.
If the court has ordered the defendant to | ||||||
14 | make a report and appear in
person under paragraph (1) of | ||||||
15 | this subsection, a copy of the order of
protection shall be | ||||||
16 | transmitted to the person or agency so designated
by the | ||||||
17 | court;
| ||||||
18 | (12) reimburse any "local anti-crime program" as | ||||||
19 | defined in Section 7 of
the Anti-Crime Advisory Council Act | ||||||
20 | for any reasonable expenses incurred by the
program on the | ||||||
21 | offender's case, not to exceed the maximum amount of the
| ||||||
22 | fine authorized for the offense for which the defendant was | ||||||
23 | sentenced;
| ||||||
24 | (13) contribute a reasonable sum of money, not to
| ||||||
25 | exceed the maximum amount of the fine authorized for the | ||||||
26 | offense for which
the defendant was sentenced, to a "local |
| |||||||
| |||||||
1 | anti-crime program", as defined
in Section 7 of the | ||||||
2 | Anti-Crime Advisory Council Act;
| ||||||
3 | (14) refrain from entering into a designated | ||||||
4 | geographic area except
upon such terms as the court finds | ||||||
5 | appropriate. Such terms may include
consideration of the | ||||||
6 | purpose of the entry, the time of day, other persons
| ||||||
7 | accompanying the defendant, and advance approval by a | ||||||
8 | probation officer;
| ||||||
9 | (15) refrain from having any contact, directly or | ||||||
10 | indirectly, with
certain specified persons or particular | ||||||
11 | types of person, including but not
limited to members of | ||||||
12 | street gangs and drug users or dealers;
| ||||||
13 | (16) refrain from having in his or her body the | ||||||
14 | presence of any illicit
drug prohibited by the Cannabis | ||||||
15 | Control Act, the Illinois Controlled
Substances Act, or the | ||||||
16 | Methamphetamine Control and Community Protection Act, | ||||||
17 | unless prescribed by a physician, and submit samples of
his | ||||||
18 | or her blood or urine or both for tests to determine the | ||||||
19 | presence of any
illicit drug;
| ||||||
20 | (17) refrain from operating any motor vehicle not | ||||||
21 | equipped with an
ignition interlock device as defined in | ||||||
22 | Section 1-129.1 of the Illinois
Vehicle Code. Under this | ||||||
23 | condition the court may allow a defendant who is not
| ||||||
24 | self-employed to operate a vehicle owned by the defendant's | ||||||
25 | employer that is
not equipped with an ignition interlock | ||||||
26 | device in the course and scope of the
defendant's |
| |||||||
| |||||||
1 | employment; and
| ||||||
2 | (18) if placed on supervision for a sex offense as | ||||||
3 | defined in subsection (a-5) of Section 3-1-2 of this Code, | ||||||
4 | unless the offender is a parent or guardian of the person | ||||||
5 | under 18 years of age present in the home and no | ||||||
6 | non-familial minors are present, not participate in a | ||||||
7 | holiday event involving
children
under 18 years of age, | ||||||
8 | such as distributing candy or other items to children on
| ||||||
9 | Halloween,
wearing a Santa Claus costume on or preceding | ||||||
10 | Christmas, being employed as a
department store Santa | ||||||
11 | Claus, or wearing an Easter Bunny costume on or
preceding
| ||||||
12 | Easter. | ||||||
13 | (d) The court shall defer entering any judgment on the | ||||||
14 | charges
until the conclusion of the supervision.
| ||||||
15 | (e) At the conclusion of the period of supervision, if the | ||||||
16 | court
determines that the defendant has successfully complied | ||||||
17 | with all of the
conditions of supervision, the court shall | ||||||
18 | discharge the defendant and
enter a judgment dismissing the | ||||||
19 | charges.
| ||||||
20 | (f) Discharge and dismissal upon a successful conclusion of | ||||||
21 | a
disposition of supervision shall be deemed without | ||||||
22 | adjudication of guilt
and shall not be termed a conviction for | ||||||
23 | purposes of disqualification or
disabilities imposed by law | ||||||
24 | upon conviction of a crime. Two years after the
discharge and | ||||||
25 | dismissal under this Section, unless the disposition of
| ||||||
26 | supervision was for a violation of Sections 3-707, 3-708, |
| |||||||
| |||||||
1 | 3-710, 5-401.3, or 11-503 of the Illinois Vehicle Code or a | ||||||
2 | similar
provision of a local ordinance, or for a violation of | ||||||
3 | Sections 12-3.2
or 16A-3 of the Criminal Code of 1961, in which | ||||||
4 | case it shall be 5
years after discharge and dismissal, a | ||||||
5 | person may have his record
of arrest sealed or expunged as may | ||||||
6 | be provided by law. However, any
defendant placed on | ||||||
7 | supervision before January 1, 1980, may move for
sealing or | ||||||
8 | expungement of his arrest record, as provided by law, at any
| ||||||
9 | time after discharge and dismissal under this Section.
A person | ||||||
10 | placed on supervision for a sexual offense committed against a | ||||||
11 | minor
as defined in subsection (g) of Section 5 of the Criminal | ||||||
12 | Identification Act
or for a violation of Section 11-501 of the | ||||||
13 | Illinois Vehicle Code or a
similar provision of a local | ||||||
14 | ordinance
shall not have his or her record of arrest sealed or | ||||||
15 | expunged.
| ||||||
16 | (g) A defendant placed on supervision and who during the | ||||||
17 | period of
supervision undergoes mandatory drug or alcohol | ||||||
18 | testing, or both, or is
assigned to be placed on an approved | ||||||
19 | electronic monitoring device, shall be
ordered to pay the costs | ||||||
20 | incidental to such mandatory drug or alcohol
testing, or both, | ||||||
21 | and costs incidental to such approved electronic
monitoring in | ||||||
22 | accordance with the defendant's ability to pay those costs.
The | ||||||
23 | county board with the concurrence of the Chief Judge of the | ||||||
24 | judicial
circuit in which the county is located shall establish | ||||||
25 | reasonable fees for
the cost of maintenance, testing, and | ||||||
26 | incidental expenses related to the
mandatory drug or alcohol |
| |||||||
| |||||||
1 | testing, or both, and all costs incidental to
approved | ||||||
2 | electronic monitoring, of all defendants placed on | ||||||
3 | supervision.
The concurrence of the Chief Judge shall be in the | ||||||
4 | form of an
administrative order.
The fees shall be collected by | ||||||
5 | the clerk of the circuit court. The clerk of
the circuit court | ||||||
6 | shall pay all moneys collected from these fees to the county
| ||||||
7 | treasurer who shall use the moneys collected to defray the | ||||||
8 | costs of
drug testing, alcohol testing, and electronic | ||||||
9 | monitoring.
The county treasurer shall deposit the fees | ||||||
10 | collected in the
county working cash fund under Section 6-27001 | ||||||
11 | or Section 6-29002 of the
Counties Code, as the case may be.
| ||||||
12 | (h) A disposition of supervision is a final order for the | ||||||
13 | purposes
of appeal.
| ||||||
14 | (i) The court shall impose upon a defendant placed on | ||||||
15 | supervision
after January 1, 1992 or to community service under | ||||||
16 | the supervision of a
probation or court services department | ||||||
17 | after January 1, 2004, as a condition
of supervision or | ||||||
18 | supervised community service, a fee of $50 for
each month of | ||||||
19 | supervision or supervised community service ordered by the
| ||||||
20 | court, unless after
determining the inability of the person | ||||||
21 | placed on supervision or supervised
community service to pay | ||||||
22 | the
fee, the court assesses a lesser fee. The court may not | ||||||
23 | impose the fee on a
minor who is made a ward of the State under | ||||||
24 | the Juvenile Court Act of 1987
while the minor is in placement.
| ||||||
25 | The fee shall be imposed only upon a
defendant who is actively | ||||||
26 | supervised by the
probation and court services
department. The |
| |||||||
| |||||||
1 | fee shall be collected by the clerk of the circuit court.
The | ||||||
2 | clerk of the circuit court shall pay all monies collected from | ||||||
3 | this fee
to the county treasurer for deposit in the probation | ||||||
4 | and court services
fund pursuant to Section 15.1 of the | ||||||
5 | Probation and
Probation Officers Act.
| ||||||
6 | A circuit court may not impose a probation fee in excess of | ||||||
7 | $25
per month unless: (1) the circuit court has adopted, by | ||||||
8 | administrative
order issued by the chief judge, a standard | ||||||
9 | probation fee guide
determining an offender's ability to pay, | ||||||
10 | under guidelines developed by
the Administrative
Office of the | ||||||
11 | Illinois Courts; and (2) the circuit court has authorized, by
| ||||||
12 | administrative order issued by the chief judge, the creation of | ||||||
13 | a Crime
Victim's Services Fund, to be administered by the Chief | ||||||
14 | Judge or his or
her designee, for services to crime victims and | ||||||
15 | their families. Of the
amount collected as a probation fee, not | ||||||
16 | to exceed $5 of that fee
collected per month may be used to | ||||||
17 | provide services to crime victims
and their families.
| ||||||
18 | (j) All fines and costs imposed under this Section for any
| ||||||
19 | violation of Chapters 3, 4, 6, and 11 of the Illinois Vehicle | ||||||
20 | Code, or a
similar provision of a local ordinance, and any | ||||||
21 | violation of the Child
Passenger Protection Act, or a similar | ||||||
22 | provision of a local ordinance, shall
be collected and | ||||||
23 | disbursed by the circuit clerk as provided under Section
27.5 | ||||||
24 | of the Clerks of Courts Act.
| ||||||
25 | (k) A defendant at least 17 years of age who is placed on | ||||||
26 | supervision
for a misdemeanor in a county of 3,000,000 or more |
| |||||||
| |||||||
1 | inhabitants
and who has not been previously convicted of a | ||||||
2 | misdemeanor or felony
may as a condition of his or her | ||||||
3 | supervision be required by the court to
attend educational | ||||||
4 | courses designed to prepare the defendant for a high school
| ||||||
5 | diploma and to work toward a high school diploma or to work | ||||||
6 | toward passing the
high school level Test of General | ||||||
7 | Educational Development (GED) or to work
toward completing a | ||||||
8 | vocational training program approved by the court. The
| ||||||
9 | defendant placed on supervision must attend a public | ||||||
10 | institution of education
to obtain the educational or | ||||||
11 | vocational training required by this subsection
(k). The | ||||||
12 | defendant placed on supervision shall be required to pay for | ||||||
13 | the cost
of the educational courses or GED test, if a fee is | ||||||
14 | charged for those courses
or test. The court shall revoke the | ||||||
15 | supervision of a person who wilfully fails
to comply with this | ||||||
16 | subsection (k). The court shall resentence the defendant
upon | ||||||
17 | revocation of supervision as provided in Section 5-6-4. This | ||||||
18 | subsection
(k) does not apply to a defendant who has a high | ||||||
19 | school diploma or has
successfully passed the GED test. This | ||||||
20 | subsection (k) does not apply to a
defendant who is determined | ||||||
21 | by the court to be developmentally disabled or
otherwise | ||||||
22 | mentally incapable of completing the
educational or vocational | ||||||
23 | program.
| ||||||
24 | (l) The court shall require a defendant placed on | ||||||
25 | supervision for
possession of a substance
prohibited by the | ||||||
26 | Cannabis Control Act, the Illinois Controlled Substances Act, |
| |||||||
| |||||||
1 | or the Methamphetamine Control and Community Protection Act
| ||||||
2 | after a previous conviction or disposition of supervision for | ||||||
3 | possession of a
substance prohibited by the Cannabis Control | ||||||
4 | Act, the Illinois Controlled
Substances Act, or the | ||||||
5 | Methamphetamine Control and Community Protection Act or a | ||||||
6 | sentence of probation under Section 10 of the Cannabis
Control | ||||||
7 | Act or Section 410 of the Illinois Controlled Substances Act
| ||||||
8 | and after a finding by the court that the person is addicted, | ||||||
9 | to undergo
treatment at a substance abuse program approved by | ||||||
10 | the court.
| ||||||
11 | (m) The Secretary of State shall require anyone placed on | ||||||
12 | court supervision
for a
violation of Section 3-707 of the | ||||||
13 | Illinois Vehicle Code or a similar provision
of a local | ||||||
14 | ordinance
to give proof of his or her financial
responsibility | ||||||
15 | as
defined in Section 7-315 of the Illinois Vehicle Code. The | ||||||
16 | proof shall be
maintained by the individual in a manner | ||||||
17 | satisfactory to the Secretary of State
for
a
minimum period of | ||||||
18 | one year after the date the proof is first filed.
The proof | ||||||
19 | shall be limited to a single action per arrest and may not be
| ||||||
20 | affected by any post-sentence disposition. The Secretary of | ||||||
21 | State shall
suspend the driver's license of any person
| ||||||
22 | determined by the Secretary to be in violation of this | ||||||
23 | subsection. | ||||||
24 | (n) Any offender placed on supervision for any offense that | ||||||
25 | the court or probation department has determined to be sexually | ||||||
26 | motivated as defined in the Sex Offender Management Board Act |
| |||||||
| |||||||
1 | shall be required to refrain from any contact, directly or | ||||||
2 | indirectly, with any persons specified by the court and shall | ||||||
3 | be available for all evaluations and treatment programs | ||||||
4 | required by the court or the probation department.
| ||||||
5 | (o) An offender placed on supervision for a sex offense as | ||||||
6 | defined in the Sex Offender
Management Board Act shall refrain | ||||||
7 | from residing at the same address or in the same condominium | ||||||
8 | unit or apartment unit or in the same condominium complex or | ||||||
9 | apartment complex with another person he or she knows or | ||||||
10 | reasonably should know is a convicted sex offender or has been | ||||||
11 | placed on supervision for a sex offense. The provisions of this | ||||||
12 | subsection (o) do not apply to a person convicted of a sex | ||||||
13 | offense who is placed in a Department of Corrections licensed | ||||||
14 | transitional housing facility for sex offenders. | ||||||
15 | (Source: P.A. 93-475, eff. 8-8-03; 93-970, eff. 8-20-04; | ||||||
16 | 94-159, eff. 7-11-05; 94-161, eff. 7-11-05; 94-556, eff. | ||||||
17 | 9-11-05; revised 8-19-05.)
| ||||||
18 | (730 ILCS 5/5-8-1.3)
| ||||||
19 | Sec. 5-8-1.3. Pilot residential and transition treatment | ||||||
20 | program for women.
| ||||||
21 | (a) The General Assembly recognizes:
| ||||||
22 | (1) that drug-offending women with children who have | ||||||
23 | been in and out of
the criminal justice system for years | ||||||
24 | are a serious problem;
| ||||||
25 | (2) that the intergenerational cycle of women |
| |||||||
| |||||||
1 | continuously
being part of the criminal justice system | ||||||
2 | needs to be broken;
| ||||||
3 | (3) that the effects of drug offending women with | ||||||
4 | children
disrupts family harmony and creates an atmosphere | ||||||
5 | that is
not conducive to healthy childhood development;
| ||||||
6 | (4) that there is a need for an effective residential
| ||||||
7 | community supervision model to provide help to women to
| ||||||
8 | become drug free, recover from trauma, focus on healthy
| ||||||
9 | mother-child relationships, and establish economic
| ||||||
10 | independence and long-term support;
| ||||||
11 | (5) that certain non-violent women offenders with | ||||||
12 | children
eligible for sentences of incarceration, may | ||||||
13 | benefit from
the rehabilitative aspects of gender | ||||||
14 | responsive
treatment programs and services. This Section | ||||||
15 | shall
not be construed to allow violent offenders to
| ||||||
16 | participate in a treatment program.
| ||||||
17 | (b) Under the direction of the sheriff and with the | ||||||
18 | approval of
the county board of commissioners, the sheriff, in | ||||||
19 | any county with more
than 3,000,000 inhabitants, may operate a | ||||||
20 | residential and
transition treatment program for women | ||||||
21 | established by the Illinois Department
of Corrections if | ||||||
22 | funding has been provided by federal, local or private
| ||||||
23 | entities. If the court finds during the
sentencing hearing | ||||||
24 | conducted under Section 5-4-1 that a woman convicted
of a | ||||||
25 | felony meets the eligibility requirements of the sheriff's
| ||||||
26 | residential and transition treatment program for women, the |
| |||||||
| |||||||
1 | court may
refer the offender to the sheriff's residential and | ||||||
2 | transition
treatment program for women for consideration as a | ||||||
3 | participant as an
alternative to incarceration in the | ||||||
4 | penitentiary. The sheriff shall be
responsible for supervising | ||||||
5 | all women who are placed in the residential
and transition | ||||||
6 | treatment program for women for the 12-month period. In
the | ||||||
7 | event that the woman is not accepted for placement in the | ||||||
8 | sheriff's
residential and transition treatment program for | ||||||
9 | women, the court shall
proceed to sentence the woman to any | ||||||
10 | other disposition authorized by
this Code. If the woman does | ||||||
11 | not successfully complete the residential
and transition | ||||||
12 | treatment program for women, the woman's failure to do
so shall | ||||||
13 | constitute a violation of the sentence to the residential and
| ||||||
14 | transition treatment program for women.
| ||||||
15 | (c) In order to be eligible to be a participant in the | ||||||
16 | pilot
residential and transition treatment program for women, | ||||||
17 | the participant
shall meet all of the following conditions:
| ||||||
18 | (1) The woman has not been convicted of a violent crime | ||||||
19 | as
defined in subsection (c) of Section 3 of the Rights of | ||||||
20 | Crime
Victims and Witnesses Act, a Class X felony, first or | ||||||
21 | second
degree murder, armed violence, aggravated | ||||||
22 | kidnapping,
criminal sexual assault, aggravated criminal | ||||||
23 | sexual
abuse or a subsequent conviction for criminal sexual | ||||||
24 | abuse,
forcible detention, or arson and has not been | ||||||
25 | previously
convicted of any of those offenses.
| ||||||
26 | (2) The woman must undergo an initial assessment |
| |||||||
| |||||||
1 | evaluation
to determine the treatment and program plan.
| ||||||
2 | (3) The woman was recommended and accepted for | ||||||
3 | placement in
the pilot residential and transition | ||||||
4 | treatment program for
women by the Department of | ||||||
5 | Corrections and has consented in writing to
participation | ||||||
6 | in the program under the terms and conditions
of the | ||||||
7 | program. The Department of Corrections may consider | ||||||
8 | whether space is
available.
| ||||||
9 | (d) The program may include a substance abuse treatment | ||||||
10 | program
designed for women offenders, mental health, trauma, | ||||||
11 | and medical
treatment; parenting skills and family | ||||||
12 | relationship counseling, preparation for
a GED or vocational | ||||||
13 | certificate; life skills program; job readiness and job
skill | ||||||
14 | training, and a community transition development plan.
| ||||||
15 | (e) With the approval of the Department of Corrections, the | ||||||
16 | sheriff shall
issue requirements for the program and
inform the | ||||||
17 | participants who shall sign an agreement to adhere to all
rules | ||||||
18 | and all requirements for the pilot residential and transition
| ||||||
19 | treatment program.
| ||||||
20 | (f) Participation in the pilot residential and transition
| ||||||
21 | treatment program for women shall be for a period not to exceed | ||||||
22 | 12
months. The period may not be reduced by accumulation of | ||||||
23 | good time.
| ||||||
24 | (g) If the woman successfully completes the pilot | ||||||
25 | residential
and transition treatment program for women, the | ||||||
26 | sheriff shall notify
the Department of Corrections, the court, |
| |||||||
| |||||||
1 | and
the State's
Attorney of the county of the woman's | ||||||
2 | successful completion.
| ||||||
3 | (h) A woman may be removed from the pilot residential and
| ||||||
4 | transition treatment program for women for violation of the | ||||||
5 | terms and
conditions of the program or in the event she is | ||||||
6 | unable to participate.
The failure to complete the program | ||||||
7 | shall be deemed a violation of the
conditions of the program. | ||||||
8 | The sheriff shall give notice to the Department of
Corrections, | ||||||
9 | the court, and the
State's Attorney of the woman's failure to | ||||||
10 | complete the program.
The
Department of Corrections or its | ||||||
11 | designee shall file a petition alleging that
the woman has | ||||||
12 | violated the
conditions of the program with the court. The | ||||||
13 | State's Attorney may
proceed on the petition under Section | ||||||
14 | 5-4-1 of this Code.
| ||||||
15 | (i) The conditions of the pilot residential and transition | ||||||
16 | treatment
program for women shall include that the woman while | ||||||
17 | in the program:
| ||||||
18 | (1) not violate any criminal statute of any | ||||||
19 | jurisdiction;
| ||||||
20 | (2) report or appear in person before any person or
| ||||||
21 | agency as directed by the court, the sheriff, or Department | ||||||
22 | of Corrections;
| ||||||
23 | (3) refrain from possessing a firearm or other | ||||||
24 | dangerous
weapon;
| ||||||
25 | (4) consent to drug testing;
| ||||||
26 | (5) not leave the State without the consent of the |
| |||||||
| |||||||
1 | court or,
in circumstances in which reason for the absence | ||||||
2 | is of such an
emergency nature that prior consent by the | ||||||
3 | court is not possible,
without prior notification and | ||||||
4 | approval of the Department of Corrections;
| ||||||
5 | (6) upon placement in the program, must agree to follow | ||||||
6 | all
requirements of the program . ;
| ||||||
7 | (j) The Department of Corrections or the sheriff may | ||||||
8 | terminate the program
at any time by mutual agreement or with | ||||||
9 | 30 days prior written notice by either
the Department of | ||||||
10 | Corrections or the sheriff.
| ||||||
11 | (k) The Department of Corrections may enter into a joint | ||||||
12 | contract with a
county with more than 3,000,000 inhabitants to | ||||||
13 | establish and operate a pilot
residential and treatment program | ||||||
14 | for women.
| ||||||
15 | (l) The Director
of the Department of Corrections shall | ||||||
16 | have the authority to develop rules to
establish and operate a | ||||||
17 | pilot residential and treatment program for women that
shall | ||||||
18 | include criteria for selection of the participants of the | ||||||
19 | program in
conjunction and approval by the sentencing court. | ||||||
20 | Violent crime offenders are
not eligible to participate in the | ||||||
21 | program.
| ||||||
22 | (m) The Department shall report to the Governor and the | ||||||
23 | General Assembly
before September 30th of each year on the | ||||||
24 | pilot residential and treatment
program for women, including | ||||||
25 | the composition of the program by offenders,
sentence, age, | ||||||
26 | offense, and race.
|
| |||||||
| |||||||
1 | (n) The Department of Corrections or the sheriff may | ||||||
2 | terminate the program
with 30 days prior written notice.
| ||||||
3 | (o) A county with more than 3,000,000 inhabitants is | ||||||
4 | authorized to apply
for funding from federal, local or private | ||||||
5 | entities to create a Residential
and Treatment Program for | ||||||
6 | Women. This sentencing option may not go into
effect until the | ||||||
7 | funding is secured for the program and the program has been
| ||||||
8 | established.
| ||||||
9 | (Source: P.A. 92-806, eff. 1-1-03; revised 1-20-03.)
| ||||||
10 | (730 ILCS 5/5-9-1.2) (from Ch. 38, par. 1005-9-1.2)
| ||||||
11 | Sec. 5-9-1.2. (a) Twelve and one-half percent of all | ||||||
12 | amounts collected
as fines pursuant to Section 5-9-1.1 shall be | ||||||
13 | paid into the Youth Drug
Abuse Prevention Fund, which is hereby | ||||||
14 | created in the State treasury, to be
used by the Department of | ||||||
15 | Human Services
for the funding of
programs and services for | ||||||
16 | drug-abuse treatment, and prevention and
education services, | ||||||
17 | for juveniles.
| ||||||
18 | (b) Eighty-seven and one-half percent of the proceeds of | ||||||
19 | all fines
received pursuant to Section 5-9-1.1 shall be | ||||||
20 | transmitted to and deposited
in the treasurer's office at the | ||||||
21 | level of government as follows:
| ||||||
22 | (1) If such seizure was made by a combination of law | ||||||
23 | enforcement
personnel representing differing units of | ||||||
24 | local government, the court
levying the fine shall | ||||||
25 | equitably allocate 50% of the fine among these units
of |
| |||||||
| |||||||
1 | local government and shall allocate 37 1/2% to the county | ||||||
2 | general
corporate fund. In the event that the seizure was | ||||||
3 | made by law enforcement
personnel representing a unit of | ||||||
4 | local government from a municipality where
the number of | ||||||
5 | inhabitants exceeds 2 million in population, the court
| ||||||
6 | levying the fine shall allocate 87 1/2% of the fine to that | ||||||
7 | unit of local
government. If the seizure was made by a | ||||||
8 | combination of law enforcement
personnel representing | ||||||
9 | differing units of local government, and at least
one of | ||||||
10 | those units represents a municipality where the number of
| ||||||
11 | inhabitants exceeds 2 million in population, the court | ||||||
12 | shall equitably
allocate 87 1/2% of the proceeds of the | ||||||
13 | fines received among the differing
units of local | ||||||
14 | government.
| ||||||
15 | (2) If such seizure was made by State law enforcement | ||||||
16 | personnel, then
the court shall allocate 37 1/2% to the | ||||||
17 | State treasury and 50% to the
county general corporate | ||||||
18 | fund.
| ||||||
19 | (3) If a State law enforcement agency in combination | ||||||
20 | with a law
enforcement agency or agencies of a unit or | ||||||
21 | units of local government
conducted the seizure, the court | ||||||
22 | shall equitably allocate 37 1/2% of the
fines to or among | ||||||
23 | the law enforcement agency or agencies of the unit or
units | ||||||
24 | of local government which conducted the seizure and shall | ||||||
25 | allocate
50% to the county general corporate fund.
| ||||||
26 | (c) The proceeds of all fines allocated to the law |
| |||||||
| |||||||
1 | enforcement agency or
agencies of the unit or units of local | ||||||
2 | government pursuant to subsection
(b) shall be made available | ||||||
3 | to that law enforcement agency as expendable
receipts for use | ||||||
4 | in the enforcement of laws regulating controlled
substances and | ||||||
5 | cannabis. The proceeds of fines awarded to the State
treasury | ||||||
6 | shall be deposited in a special fund known as the Drug Traffic
| ||||||
7 | Prevention Fund. Monies from this fund may be used by the | ||||||
8 | Department of
State Police for use in the enforcement of laws | ||||||
9 | regulating controlled
substances and cannabis; to satisfy | ||||||
10 | funding provisions of the
Intergovernmental Drug Laws | ||||||
11 | Enforcement Act; and to defray costs and
expenses
associated | ||||||
12 | with returning violators of the Cannabis Control Act, the
| ||||||
13 | Illinois Controlled Substances Act, and the Methamphetamine | ||||||
14 | Control and Community Protection Act only, as provided in those | ||||||
15 | Acts, when
punishment of the crime shall be confinement of the | ||||||
16 | criminal in the
penitentiary. Moneys in the Drug Traffic | ||||||
17 | Prevention Fund deposited from
fines
awarded
as a direct result | ||||||
18 | of enforcement efforts of the Illinois Conservation Police
may | ||||||
19 | be used by the Department of Natural Resources Office of Law
| ||||||
20 | Enforcement for use in enforcing laws regulating controlled | ||||||
21 | substances
and cannabis on Department of Natural Resources | ||||||
22 | regulated lands and
waterways. All other monies shall be paid | ||||||
23 | into the general revenue
fund in the State treasury. | ||||||
24 | (d) There is created in the State treasury the | ||||||
25 | Methamphetamine Law Enforcement Fund. Moneys in the Fund shall | ||||||
26 | be equitably allocated to local law enforcement agencies to: |
| |||||||
| |||||||
1 | (1) reimburse those agencies for the costs of securing and | ||||||
2 | cleaning up sites and facilities used for the illegal | ||||||
3 | manufacture of methamphetamine; (2) defray the costs of | ||||||
4 | employing full-time or part-time peace officers from a | ||||||
5 | Metropolitan Enforcement Group or other local drug task force, | ||||||
6 | including overtime costs for those officers; and (3) defray the | ||||||
7 | costs associated with medical or dental expenses incurred by | ||||||
8 | the county resulting from the incarceration of methamphetamine | ||||||
9 | addicts in the county jail or County Department of Corrections.
| ||||||
10 | (Source: P.A. 94-550, eff. 1-1-06; 94-556, eff. 9-11-05; | ||||||
11 | revised 8-19-05.)
| ||||||
12 | (730 ILCS 5/5-9-1.7) (from Ch. 38, par. 1005-9-1.7)
| ||||||
13 | Sec. 5-9-1.7. Sexual assault fines.
| ||||||
14 | (a) Definitions. The terms used in this Section shall have | ||||||
15 | the following
meanings ascribed to them:
| ||||||
16 | (1) "Sexual assault" means the commission or attempted | ||||||
17 | commission of
the following: sexual exploitation of a | ||||||
18 | child, criminal sexual assault, predatory criminal sexual | ||||||
19 | assault of
a child, aggravated criminal sexual assault,
| ||||||
20 | criminal sexual abuse, aggravated criminal sexual abuse, | ||||||
21 | indecent
solicitation of a child, public indecency, sexual | ||||||
22 | relations within
families, soliciting for a juvenile | ||||||
23 | prostitute, keeping a place of juvenile
prostitution, | ||||||
24 | patronizing a juvenile prostitute, juvenile pimping,
| ||||||
25 | exploitation of a child, obscenity, child pornography,
|
| |||||||
| |||||||
1 | harmful material,
or ritualized abuse of a child, as those | ||||||
2 | offenses are defined in the Criminal Code of 1961.
| ||||||
3 | (2) "Family member" shall have the meaning ascribed to | ||||||
4 | it in Section
12-12 of the Criminal Code of 1961.
| ||||||
5 | (3) "Sexual assault organization" means any | ||||||
6 | not-for-profit organization
providing comprehensive, | ||||||
7 | community-based services to victims of sexual assault.
| ||||||
8 | "Community-based services" include, but are not limited | ||||||
9 | to, direct crisis
intervention through a 24-hour response, | ||||||
10 | medical and legal advocacy,
counseling, information and | ||||||
11 | referral services, training, and community
education.
| ||||||
12 | (b) Sexual assault fine; collection by clerk.
| ||||||
13 | (1) In addition to any other penalty imposed, a fine of | ||||||
14 | $200 shall be
imposed upon any person who pleads guilty or | ||||||
15 | who is convicted of, or who
receives a disposition of court | ||||||
16 | supervision for, a sexual assault or attempt
of a sexual | ||||||
17 | assault. Upon request of the victim or the victim's
| ||||||
18 | representative, the court shall determine whether the fine | ||||||
19 | will impose an
undue burden on the victim of the offense. | ||||||
20 | For purposes of this paragraph,
the defendant may not be | ||||||
21 | considered the victim's representative. If the
court finds | ||||||
22 | that the fine would impose an undue burden on the victim, | ||||||
23 | the
court may reduce or waive the fine. The court shall | ||||||
24 | order that the
defendant may not use funds belonging solely | ||||||
25 | to the victim of the offense
for payment of the fine.
| ||||||
26 | (2) Sexual assault fines shall be assessed by the court |
| |||||||
| |||||||
1 | imposing the
sentence and shall be collected by the circuit | ||||||
2 | clerk. The circuit clerk
shall retain 10% of the penalty to | ||||||
3 | cover the costs involved in
administering and enforcing | ||||||
4 | this Section. The circuit clerk shall remit
the remainder | ||||||
5 | of each fine within one month of its receipt to the State
| ||||||
6 | Treasurer for deposit as follows:
| ||||||
7 | (i) for family member offenders, one-half to the | ||||||
8 | Sexual Assault
Services Fund, and one-half to the | ||||||
9 | Domestic Violence Shelter and Service
Fund; and
| ||||||
10 | (ii) for other than family member offenders, the | ||||||
11 | full amount to the
Sexual Assault Services Fund.
| ||||||
12 | (c) Sexual Assault Services Fund; administration. There is | ||||||
13 | created a
Sexual Assault Services Fund. Moneys deposited into | ||||||
14 | the Fund under this
Section shall be appropriated to the | ||||||
15 | Department of Public Health. Upon
appropriation of moneys from | ||||||
16 | the Sexual Assault Services Fund, the Department
of Public | ||||||
17 | Health shall make grants of these moneys from the Fund to | ||||||
18 | sexual
assault organizations with whom the Department has | ||||||
19 | contracts for the purpose of
providing community-based | ||||||
20 | services to victims of sexual assault. Grants made
under this | ||||||
21 | Section are in addition to, and are not substitutes for, other
| ||||||
22 | grants authorized and made by the Department.
| ||||||
23 | (Source: P.A. 93-699, eff. 1-1-05; 93-810, eff. 1-1-05; revised | ||||||
24 | 10-14-04.)
| ||||||
25 | (730 ILCS 5/5-9-1.12)
|
| |||||||
| |||||||
1 | Sec. 5-9-1.12. Arson fines.
| ||||||
2 | (a) In addition to any other penalty imposed, a fine of | ||||||
3 | $500 shall be
imposed upon a person convicted of the offense of | ||||||
4 | arson, residential arson,
or aggravated arson.
| ||||||
5 | (b) The additional fine shall be assessed by the court | ||||||
6 | imposing
sentence and shall be collected by the Circuit Clerk | ||||||
7 | in addition to the
fine, if any, and costs in the case. Each | ||||||
8 | such additional fine shall
be remitted by the Circuit Clerk | ||||||
9 | within one month after receipt to the
State Treasurer for | ||||||
10 | deposit into the Fire Prevention Fund. The Circuit
Clerk shall | ||||||
11 | retain 10% of such fine to cover the costs incurred in
| ||||||
12 | administering and enforcing this Section. The additional fine | ||||||
13 | may not be
considered a part of the fine for purposes of any | ||||||
14 | reduction in the fine for
time served either before or after | ||||||
15 | sentencing.
| ||||||
16 | (c) The moneys in the Fire Prevention Fund collected as | ||||||
17 | additional
fines under this Section shall be distributed by the | ||||||
18 | Office of the State Fire
Marshal to the fire department or fire | ||||||
19 | protection district that suppressed or
investigated the fire | ||||||
20 | that was set by the defendant and for which the
defendant was | ||||||
21 | convicted of arson, residential arson, or aggravated arson. If
| ||||||
22 | more than one fire department or fire protection district | ||||||
23 | suppressed or
investigated the fire, the additional fine shall | ||||||
24 | be distributed equally among
those departments or districts.
| ||||||
25 | (d) The moneys distributed to the fire departments or fire | ||||||
26 | protection
districts under this Section may only be used to |
| |||||||
| |||||||
1 | purchase fire suppression or
fire investigation equipment.
| ||||||
2 | (Source: P.A. 93-169, eff. 7-10-03.)
| ||||||
3 | (730 ILCS 5/5-9-1.13)
| ||||||
4 | Sec. 5-9-1.13
5-9-1.12 . Applications for transfer to other | ||||||
5 | states.
A person
subject to conditions of probation, parole, | ||||||
6 | or mandatory supervised release who
seeks to transfer to | ||||||
7 | another state subject to the Interstate Compact for Adult
| ||||||
8 | Offender Supervision must make provisions for the payment of | ||||||
9 | any
restitution awarded by the circuit court and pay a fee of | ||||||
10 | $125 to the proper
administrative or judicial authorities | ||||||
11 | before being granted the transfer, or
otherwise arrange for | ||||||
12 | payment. The fee payment from persons subject to a
sentence of | ||||||
13 | probation shall be deposited into the general fund of the | ||||||
14 | county in
which the circuit has jurisdiction. The fee payment | ||||||
15 | from persons subject to
parole or mandatory supervised release | ||||||
16 | shall be deposited into the General
Revenue
Fund. The proceeds | ||||||
17 | of this fee shall be used to defray the costs of the
Department | ||||||
18 | of Corrections or county sheriff departments, respectively, | ||||||
19 | who will
be required to retrieve offenders that violate the | ||||||
20 | terms of their transfers to
other states. Upon return to the | ||||||
21 | State of Illinois, these persons shall also
be subject to | ||||||
22 | reimbursing either the State of Illinois or the county for the
| ||||||
23 | actual costs of returning them to Illinois.
| ||||||
24 | (Source: P.A. 93-475, eff. 8-8-03; revised 9-26-03.)
|
| |||||||
| |||||||
1 | Section 1075. The Sex Offender Registration Act is amended | ||||||
2 | by changing Sections 2, 6, and 7 as follows:
| ||||||
3 | (730 ILCS 150/2) (from Ch. 38, par. 222)
| ||||||
4 | Sec. 2. Definitions.
| ||||||
5 | (A) As used in this Article, "sex offender" means any | ||||||
6 | person who is:
| ||||||
7 | (1) charged pursuant to Illinois law, or any | ||||||
8 | substantially similar
federal, Uniform Code of Military | ||||||
9 | Justice, sister state, or foreign country
law,
with a sex | ||||||
10 | offense set forth
in subsection (B) of this Section or the | ||||||
11 | attempt to commit an included sex
offense, and:
| ||||||
12 | (a) is convicted of such offense or an attempt to | ||||||
13 | commit such offense;
or
| ||||||
14 | (b) is found not guilty by reason of insanity of | ||||||
15 | such offense or an
attempt to commit such offense; or
| ||||||
16 | (c) is found not guilty by reason of insanity | ||||||
17 | pursuant to Section
104-25(c) of the Code of Criminal | ||||||
18 | Procedure of 1963 of such offense or an
attempt to | ||||||
19 | commit such offense; or
| ||||||
20 | (d) is the subject of a finding not resulting in an | ||||||
21 | acquittal at a
hearing conducted pursuant to Section | ||||||
22 | 104-25(a) of the Code of Criminal
Procedure of 1963 for | ||||||
23 | the alleged commission or attempted commission of such
| ||||||
24 | offense; or
| ||||||
25 | (e) is found not guilty by reason of insanity |
| |||||||
| |||||||
1 | following a hearing
conducted pursuant to a federal, | ||||||
2 | Uniform Code of Military Justice, sister
state, or | ||||||
3 | foreign country law
substantially similar to Section | ||||||
4 | 104-25(c) of the Code of Criminal Procedure
of 1963 of | ||||||
5 | such offense or of the attempted commission of such | ||||||
6 | offense; or
| ||||||
7 | (f) is the subject of a finding not resulting in an | ||||||
8 | acquittal at a
hearing conducted pursuant to a federal, | ||||||
9 | Uniform Code of Military Justice,
sister state, or | ||||||
10 | foreign country law
substantially similar to Section | ||||||
11 | 104-25(a) of the Code of Criminal Procedure
of 1963 for | ||||||
12 | the alleged violation or attempted commission of such | ||||||
13 | offense;
or
| ||||||
14 | (2) certified as a sexually dangerous person pursuant | ||||||
15 | to the Illinois
Sexually Dangerous Persons Act, or any | ||||||
16 | substantially similar federal, Uniform
Code of Military | ||||||
17 | Justice, sister
state, or foreign country law; or
| ||||||
18 | (3) subject to the provisions of Section 2 of the | ||||||
19 | Interstate
Agreements on Sexually Dangerous Persons Act; | ||||||
20 | or
| ||||||
21 | (4) found to be a sexually violent person pursuant to | ||||||
22 | the Sexually
Violent Persons Commitment Act or any | ||||||
23 | substantially similar federal, Uniform
Code of Military | ||||||
24 | Justice, sister
state, or foreign country law; or
| ||||||
25 | (5) adjudicated a juvenile delinquent as the result of | ||||||
26 | committing or
attempting to commit an act which, if |
| |||||||
| |||||||
1 | committed by an adult, would constitute
any of the offenses | ||||||
2 | specified in item (B), (C), or (C-5) of this Section or a
| ||||||
3 | violation of any substantially similar federal, Uniform | ||||||
4 | Code of Military
Justice, sister state, or foreign
country | ||||||
5 | law, or found guilty under Article V of the Juvenile Court | ||||||
6 | Act of 1987
of committing or attempting to commit an act | ||||||
7 | which, if committed by an adult,
would constitute any of | ||||||
8 | the offenses specified in item (B), (C), or (C-5) of
this | ||||||
9 | Section or a violation of any substantially similar | ||||||
10 | federal, Uniform Code
of Military Justice, sister state,
or | ||||||
11 | foreign country law.
| ||||||
12 | Convictions that result from or are connected with the same | ||||||
13 | act, or result
from offenses committed at the same time, shall | ||||||
14 | be counted for the purpose of
this Article as one conviction. | ||||||
15 | Any conviction set aside pursuant to law is
not a conviction | ||||||
16 | for purposes of this Article.
| ||||||
17 |
For purposes of this Section, "convicted" shall have the | ||||||
18 | same meaning as
"adjudicated". For the purposes of this | ||||||
19 | Article, a person who is defined as a sex offender as a result | ||||||
20 | of being adjudicated a juvenile delinquent under paragraph (5) | ||||||
21 | of this subsection (A) upon attaining 17 years of age shall be | ||||||
22 | considered as having committed the sex offense on or after the | ||||||
23 | sex offender's 17th birthday. Registration of juveniles upon | ||||||
24 | attaining 17 years of age shall not extend the original | ||||||
25 | registration of 10 years from the date of conviction.
| ||||||
26 | (B) As used in this Article, "sex offense" means:
|
| |||||||
| |||||||
1 | (1) A violation of any of the following Sections of the | ||||||
2 | Criminal Code of
1961:
| ||||||
3 | 11-20.1 (child pornography),
| ||||||
4 | 11-6 (indecent solicitation of a child),
| ||||||
5 | 11-9.1 (sexual exploitation of a child),
| ||||||
6 | 11-9.2 (custodial sexual misconduct),
| ||||||
7 | 11-9.5 (sexual misconduct with a person with a | ||||||
8 | disability),
| ||||||
9 | 11-15.1 (soliciting for a juvenile prostitute),
| ||||||
10 | 11-18.1 (patronizing a juvenile prostitute),
| ||||||
11 | 11-17.1 (keeping a place of juvenile | ||||||
12 | prostitution),
| ||||||
13 | 11-19.1 (juvenile pimping),
| ||||||
14 | 11-19.2 (exploitation of a child),
| ||||||
15 | 12-13 (criminal sexual assault),
| ||||||
16 | 12-14 (aggravated criminal sexual assault),
| ||||||
17 | 12-14.1 (predatory criminal sexual assault of a | ||||||
18 | child),
| ||||||
19 | 12-15 (criminal sexual abuse),
| ||||||
20 | 12-16 (aggravated criminal sexual abuse),
| ||||||
21 | 12-33 (ritualized abuse of a child).
| ||||||
22 | An attempt to commit any of these offenses.
| ||||||
23 | (1.5)
A violation of any of the following Sections of | ||||||
24 | the
Criminal Code of 1961, when the victim is a person | ||||||
25 | under 18 years of age, the
defendant is not a parent of the | ||||||
26 | victim, the offense was sexually motivated as defined in |
| |||||||
| |||||||
1 | Section 10 of the Sex Offender Management Board Act, and | ||||||
2 | the offense was committed on or
after January 1, 1996:
| ||||||
3 | 10-1 (kidnapping),
| ||||||
4 | 10-2 (aggravated kidnapping),
| ||||||
5 | 10-3 (unlawful restraint),
| ||||||
6 | 10-3.1 (aggravated unlawful restraint).
| ||||||
7 | (1.6)
First degree murder under Section 9-1 of the | ||||||
8 | Criminal Code of 1961,
when the victim was a person under | ||||||
9 | 18 years of age and the defendant was at least
17 years of | ||||||
10 | age at the time of the commission of the offense, provided | ||||||
11 | the offense was sexually motivated as defined in Section 10 | ||||||
12 | of the Sex Offender Management Board Act.
| ||||||
13 | (1.7) (Blank).
| ||||||
14 | (1.8) A violation or attempted violation of Section | ||||||
15 | 11-11 (sexual
relations within families) of the Criminal | ||||||
16 | Code of 1961, and the offense was committed on or after
| ||||||
17 | June 1, 1997.
| ||||||
18 | (1.9) Child abduction under paragraph (10) of | ||||||
19 | subsection
(b) of Section 10-5 of the Criminal Code of 1961 | ||||||
20 | committed by luring or
attempting to lure a child under the | ||||||
21 | age of 16 into a motor vehicle, building,
house trailer, or | ||||||
22 | dwelling place without the consent of the parent or lawful
| ||||||
23 | custodian of the child for other than a lawful purpose and | ||||||
24 | the offense was
committed on or after January 1, 1998, | ||||||
25 | provided the offense was sexually motivated as defined in | ||||||
26 | Section 10 of the Sex Offender Management Board Act.
|
| |||||||
| |||||||
1 | (1.10) A violation or attempted violation of any of the | ||||||
2 | following Sections
of the Criminal Code of 1961 when the | ||||||
3 | offense was committed on or after July
1, 1999:
| ||||||
4 | 10-4 (forcible detention, if the victim is under 18 | ||||||
5 | years of age), provided the offense was sexually | ||||||
6 | motivated as defined in Section 10 of the Sex Offender | ||||||
7 | Management Board Act,
| ||||||
8 | 11-6.5 (indecent solicitation of an adult),
| ||||||
9 | 11-15 (soliciting for a prostitute, if the victim | ||||||
10 | is under 18 years
of age),
| ||||||
11 | 11-16 (pandering, if the victim is under 18 years | ||||||
12 | of age),
| ||||||
13 | 11-18 (patronizing a prostitute, if the victim is | ||||||
14 | under 18 years
of age),
| ||||||
15 | 11-19 (pimping, if the victim is under 18 years of | ||||||
16 | age).
| ||||||
17 | (1.11) A violation or attempted violation of any of the | ||||||
18 | following
Sections of the Criminal Code of 1961 when the | ||||||
19 | offense was committed on or
after August 22, 2002:
| ||||||
20 | 11-9 (public indecency for a third or subsequent | ||||||
21 | conviction).
| ||||||
22 | (1.12) A violation or attempted violation of Section
| ||||||
23 | 5.1 of the Wrongs to Children Act (permitting sexual abuse) | ||||||
24 | when the
offense was committed on or after August 22, 2002.
| ||||||
25 | (2) A violation of any former law of this State | ||||||
26 | substantially equivalent
to any offense listed in |
| |||||||
| |||||||
1 | subsection (B) of this Section.
| ||||||
2 | (C) A conviction for an offense of federal law, Uniform | ||||||
3 | Code of Military
Justice, or the law of another state
or a | ||||||
4 | foreign country that is substantially equivalent to any offense | ||||||
5 | listed
in subsections (B), (C), and (E) of this Section shall
| ||||||
6 | constitute a
conviction for the purpose
of this Article. A | ||||||
7 | finding or adjudication as a sexually dangerous person
or a | ||||||
8 | sexually violent person under any federal law, Uniform Code of | ||||||
9 | Military
Justice, or the law of another state or
foreign | ||||||
10 | country that is substantially equivalent to the Sexually | ||||||
11 | Dangerous
Persons Act or the Sexually Violent Persons | ||||||
12 | Commitment Act shall constitute an
adjudication for the | ||||||
13 | purposes of this Article.
| ||||||
14 | (C-5) A person at least 17 years of age at the time of the | ||||||
15 | commission of
the offense who is convicted of first degree | ||||||
16 | murder under Section 9-1 of the
Criminal Code of 1961, against | ||||||
17 | a person
under 18 years of age, shall be required to register
| ||||||
18 | for natural life.
A conviction for an offense of federal, | ||||||
19 | Uniform Code of Military Justice,
sister state, or foreign | ||||||
20 | country law that is substantially equivalent to any
offense | ||||||
21 | listed in subsection (C-5) of this Section shall constitute a
| ||||||
22 | conviction for the purpose of this Article. This subsection | ||||||
23 | (C-5) applies to a person who committed the offense before June | ||||||
24 | 1, 1996 only if the person is incarcerated in an Illinois | ||||||
25 | Department of Corrections facility on August 20, 2004 (the | ||||||
26 | effective date of Public Act 93-977).
|
| |||||||
| |||||||
1 | (D) As used in this Article, "law enforcement agency having | ||||||
2 | jurisdiction"
means the Chief of Police in each of the | ||||||
3 | municipalities in which the sex offender
expects to reside, | ||||||
4 | work, or attend school (1) upon his or her discharge,
parole or | ||||||
5 | release or
(2) during the service of his or her sentence of | ||||||
6 | probation or conditional
discharge, or the Sheriff of the | ||||||
7 | county, in the event no Police Chief exists
or if the offender | ||||||
8 | intends to reside, work, or attend school in an
unincorporated | ||||||
9 | area.
"Law enforcement agency having jurisdiction" includes | ||||||
10 | the location where
out-of-state students attend school and | ||||||
11 | where out-of-state employees are
employed or are otherwise | ||||||
12 | required to register.
| ||||||
13 | (D-1) As used in this Article, "supervising officer" means | ||||||
14 | the assigned Illinois Department of Corrections parole agent or | ||||||
15 | county probation officer. | ||||||
16 | (E) As used in this Article, "sexual predator" means any | ||||||
17 | person who,
after July 1, 1999, is:
| ||||||
18 | (1) Convicted for an offense of federal, Uniform Code | ||||||
19 | of Military
Justice, sister state, or foreign country law | ||||||
20 | that is substantially equivalent
to any offense listed in | ||||||
21 | subsection (E) of this Section shall constitute a
| ||||||
22 | conviction for the purpose of this Article.
Convicted of a | ||||||
23 | violation or attempted violation of any of the following
| ||||||
24 | Sections of the
Criminal Code of 1961, if the conviction | ||||||
25 | occurred after July
1, 1999:
| ||||||
26 | 11-17.1 (keeping a place of juvenile |
| |||||||
| |||||||
1 | prostitution),
| ||||||
2 | 11-19.1 (juvenile pimping),
| ||||||
3 | 11-19.2 (exploitation of a child),
| ||||||
4 | 11-20.1 (child pornography),
| ||||||
5 | 12-13 (criminal sexual assault),
| ||||||
6 | 12-14 (aggravated criminal sexual assault),
| ||||||
7 | 12-14.1 (predatory criminal sexual assault of a | ||||||
8 | child),
| ||||||
9 | 12-16 (aggravated criminal sexual abuse),
| ||||||
10 | 12-33 (ritualized abuse of a child); or
| ||||||
11 | (2) (blank); or
| ||||||
12 | (3) certified as a sexually dangerous person pursuant | ||||||
13 | to the Sexually
Dangerous Persons Act or any substantially | ||||||
14 | similar federal, Uniform Code of
Military Justice, sister | ||||||
15 | state, or
foreign country law; or
| ||||||
16 | (4) found to be a sexually violent person pursuant to | ||||||
17 | the Sexually Violent
Persons Commitment Act or any | ||||||
18 | substantially similar federal, Uniform Code of
Military | ||||||
19 | Justice, sister state, or
foreign country law; or
| ||||||
20 | (5) convicted of a second or subsequent offense which | ||||||
21 | requires
registration pursuant to this Act. The conviction | ||||||
22 | for the second or subsequent
offense must have occurred | ||||||
23 | after July 1, 1999. For purposes of this paragraph
(5), | ||||||
24 | "convicted" shall include a conviction under any
| ||||||
25 | substantially similar
Illinois, federal, Uniform Code of | ||||||
26 | Military Justice, sister state, or
foreign country law.
|
| |||||||
| |||||||
1 | (F) As used in this Article, "out-of-state student" means | ||||||
2 | any sex
offender, as defined in this Section,
or sexual | ||||||
3 | predator who is enrolled in Illinois, on a full-time or | ||||||
4 | part-time
basis, in any public or private educational | ||||||
5 | institution, including, but not
limited to, any secondary | ||||||
6 | school, trade or professional institution, or
institution of | ||||||
7 | higher learning.
| ||||||
8 | (G) As used in this Article, "out-of-state employee" means | ||||||
9 | any sex
offender, as defined in this Section,
or sexual | ||||||
10 | predator who works in Illinois, regardless of whether the | ||||||
11 | individual
receives payment for services performed, for a | ||||||
12 | period of time of 10 or more days
or for an aggregate period of | ||||||
13 | time of 30 or more days
during any calendar year.
Persons who | ||||||
14 | operate motor vehicles in the State accrue one day of | ||||||
15 | employment
time for any portion of a day spent in Illinois.
| ||||||
16 | (H) As used in this Article, "school" means any public or | ||||||
17 | private educational institution, including, but not limited | ||||||
18 | to, any elementary or secondary school, trade or professional | ||||||
19 | institution, or institution of higher education. | ||||||
20 | (I) As used in this Article, "fixed residence" means any | ||||||
21 | and all places that a sex offender resides for an aggregate | ||||||
22 | period of time of 5 or more days in a calendar year.
| ||||||
23 | (Source: P.A. 93-977, eff. 8-20-04; 93-979, eff. 8-20-04; | ||||||
24 | 94-166, eff. 1-1-06; 94-168, eff. 1-1-06; 94-945, eff. 6-27-06; | ||||||
25 | 94-1053, eff. 7-24-06; revised 8-3-06.)
|
| |||||||
| |||||||
1 | (730 ILCS 150/6) (from Ch. 38, par. 226)
| ||||||
2 | Sec. 6. Duty to report; change of address, school, or | ||||||
3 | employment; duty
to inform.
A person who has been adjudicated | ||||||
4 | to be sexually dangerous or is a sexually
violent person and is | ||||||
5 | later released, or found to be no longer sexually
dangerous or | ||||||
6 | no longer a sexually violent person and discharged, or | ||||||
7 | convicted of a violation of this Act after July 1, 2005, shall | ||||||
8 | report in
person to the law enforcement agency with whom he or | ||||||
9 | she last registered no
later than 90 days after the date of his | ||||||
10 | or her last registration and every 90
days thereafter and at | ||||||
11 | such other times at the request of the law enforcement agency | ||||||
12 | not to exceed 4 times a year. Any person who lacks a fixed | ||||||
13 | residence must report weekly, in person, to the appropriate law | ||||||
14 | enforcement agency where the sex offender is located. Any other | ||||||
15 | person who is required to register under this
Article shall | ||||||
16 | report in person to the appropriate law enforcement agency with
| ||||||
17 | whom he or she last registered within one year from the date of | ||||||
18 | last
registration and every year thereafter and at such other | ||||||
19 | times at the request of the law enforcement agency not to | ||||||
20 | exceed 4 times a year. If any person required to register under | ||||||
21 | this Article lacks a fixed residence or temporary domicile, he | ||||||
22 | or she must notify, in person, the agency of jurisdiction of | ||||||
23 | his or her last known address within 5 days after ceasing to | ||||||
24 | have a fixed residence and if the offender leaves the last | ||||||
25 | jurisdiction of residence, he or she, must within 48 hours | ||||||
26 | after leaving register in person with the new agency of |
| |||||||
| |||||||
1 | jurisdiction. If any other person required to register
under | ||||||
2 | this Article changes his or her residence address, place of
| ||||||
3 | employment,
or school, he or she shall report in
person to 5
| ||||||
4 | the law
enforcement agency
with whom he or she last registered | ||||||
5 | of his or her new address, change in
employment, or school and | ||||||
6 | register, in person, with the appropriate law enforcement
| ||||||
7 | agency within the
time period specified in Section 3. The law | ||||||
8 | enforcement agency shall, within 3
days of the reporting in | ||||||
9 | person by the person required to register under this Article, | ||||||
10 | notify the Department of State Police of the new place of | ||||||
11 | residence, change in
employment, or school.
| ||||||
12 | If any person required to register under this Article | ||||||
13 | intends to establish a
residence or employment outside of the | ||||||
14 | State of Illinois, at least 10 days
before establishing that | ||||||
15 | residence or employment, he or she shall report in person to | ||||||
16 | the law enforcement agency with which he or she last registered | ||||||
17 | of his
or her out-of-state intended residence or employment. | ||||||
18 | The law enforcement agency with
which such person last | ||||||
19 | registered shall, within 3 days after the reporting in person | ||||||
20 | of the person required to register under this Article of an | ||||||
21 | address or
employment change, notify the Department of State | ||||||
22 | Police. The Department of
State Police shall forward such | ||||||
23 | information to the out-of-state law enforcement
agency having | ||||||
24 | jurisdiction in the form and manner prescribed by the
| ||||||
25 | Department of State Police.
| ||||||
26 | (Source: P.A. 93-977, eff. 8-20-04; 94-166, eff. 1-1-06; |
| |||||||
| |||||||
1 | 94-168, eff. 1-1-06; revised 8-19-05.)
| ||||||
2 | (730 ILCS 150/7) (from Ch. 38, par. 227)
| ||||||
3 | Sec. 7. Duration of registration. A person who has been | ||||||
4 | adjudicated to
be
sexually dangerous and is later released or | ||||||
5 | found to be no longer sexually
dangerous and discharged, shall | ||||||
6 | register for the period of his or her natural
life.
A sexually | ||||||
7 | violent person or sexual predator shall register for the period | ||||||
8 | of
his or her natural life
after conviction or adjudication if | ||||||
9 | not confined to a penal institution,
hospital, or other | ||||||
10 | institution or facility, and if confined, for
the period of his | ||||||
11 | or her natural life after parole, discharge, or release from
| ||||||
12 | any such facility.
Any other person who is required to register
| ||||||
13 | under this Article shall be required to register for a period | ||||||
14 | of 10 years after
conviction or adjudication if not confined to | ||||||
15 | a penal institution, hospital
or any other
institution or | ||||||
16 | facility, and if confined, for a period of 10 years after
| ||||||
17 | parole, discharge or release from any such facility. A sex | ||||||
18 | offender who is
allowed to leave a county, State, or federal | ||||||
19 | facility for the purposes of work
release, education, or | ||||||
20 | overnight visitations shall be required
to register within 5 | ||||||
21 | days of beginning such a program. Liability for
registration | ||||||
22 | terminates at the expiration of 10 years from the date of
| ||||||
23 | conviction or adjudication if not confined to a penal | ||||||
24 | institution, hospital
or any other
institution or facility and | ||||||
25 | if confined, at the expiration of 10 years from the
date of |
| |||||||
| |||||||
1 | parole, discharge or release from any such facility, providing | ||||||
2 | such
person does not, during that period, again
become
liable
| ||||||
3 | to register under the provisions of this Article.
Reconfinement | ||||||
4 | due to a violation of parole or other circumstances that | ||||||
5 | relates to the original conviction or adjudication shall extend | ||||||
6 | the period of registration to 10 years after final parole, | ||||||
7 | discharge, or release. The Director of State Police, consistent | ||||||
8 | with administrative rules, shall
extend for 10 years the | ||||||
9 | registration period of any sex offender, as defined
in Section | ||||||
10 | 2 of this Act, who fails to
comply with the provisions of this | ||||||
11 | Article. The registration period for any sex offender who fails | ||||||
12 | to comply with any provision of the Act shall extend the period | ||||||
13 | of registration by 10 years beginning from the first date of | ||||||
14 | registration after the violation.
If the registration period is | ||||||
15 | extended, the Department of State Police shall send a | ||||||
16 | registered letter to the law enforcement agency where the sex | ||||||
17 | offender resides within 3 days after the extension of the | ||||||
18 | registration period. The sex offender shall report to that law | ||||||
19 | enforcement agency and sign for that letter. One copy of that | ||||||
20 | letter shall be kept on file with the law enforcement agency of | ||||||
21 | the jurisdiction where the sex offender resides and one copy | ||||||
22 | shall be returned to the Department of State Police.
| ||||||
23 | (Source: P.A. 93-979, eff. 8-20-04; 94-166, eff. 1-1-06; | ||||||
24 | 94-168, eff. 1-1-06; revised 8-19-05.)
| ||||||
25 | Section 1080. The Sex Offender Community Notification Law |
| |||||||
| |||||||
1 | is amended by setting forth and renumbering multiple versions | ||||||
2 | of Section 121 as follows: | ||||||
3 | (730 ILCS 152/121) | ||||||
4 | Sec. 121. Notification regarding juvenile offenders. | ||||||
5 | (a) The Department of State Police and any law enforcement | ||||||
6 | agency having
jurisdiction may, in the Department's or agency's | ||||||
7 | discretion, only provide
the
information specified in | ||||||
8 | subsection (b) of Section 120 of this Act, with respect to an | ||||||
9 | adjudicated
juvenile delinquent, to any person when that | ||||||
10 | person's safety may be compromised
for some
reason related to | ||||||
11 | the juvenile sex offender. | ||||||
12 | (b) The local law enforcement agency having jurisdiction to | ||||||
13 | register the juvenile sex offender shall ascertain from the | ||||||
14 | juvenile sex offender whether the juvenile sex offender is | ||||||
15 | enrolled in school; and if so, shall provide a copy of the sex | ||||||
16 | offender registration form only to the principal or chief | ||||||
17 | administrative officer of the school and any guidance counselor | ||||||
18 | designated by him or her. The registration form shall be kept | ||||||
19 | separately from any and all school records maintained on behalf | ||||||
20 | of the juvenile sex offender.
| ||||||
21 | (Source: P.A. 94-168, eff. 1-1-06.) | ||||||
22 | (730 ILCS 152/122) | ||||||
23 | Sec. 122
121 . Special alerts. A law enforcement agency | ||||||
24 | having jurisdiction
may provide to the public a special alert |
| |||||||
| |||||||
1 | list warning parents to be aware that
sex offenders may attempt | ||||||
2 | to contact children during holidays involving
children, such as | ||||||
3 | Halloween, Christmas, and Easter and to inform parents that
| ||||||
4 | information containing the names and addresses of registered | ||||||
5 | sex offenders
are accessible on the Internet by means of a | ||||||
6 | hyperlink labeled "Sex Offender
Information" on the Department | ||||||
7 | of State Police's World Wide Web home
page and are available | ||||||
8 | for public inspection at the agency's headquarters.
| ||||||
9 | (Source: P.A. 94-159, eff. 7-11-05; revised 9-27-05.) | ||||||
10 | Section 1085. The Code of Civil Procedure is amended by | ||||||
11 | changing Sections 2-1115.1, 2-1401, 2-1402, 4-201, 12-710, and | ||||||
12 | 15-1201 as follows:
| ||||||
13 | (735 ILCS 5/2-1115.1)
| ||||||
14 | (This Section was added by P.A. 89-7, which has been held | ||||||
15 | unconstitutional)
| ||||||
16 | Sec. 2-1115.1. Limitations on recovery of non-economic | ||||||
17 | damages.
| ||||||
18 | (a) In all common law, statutory or other actions that seek | ||||||
19 | damages
on account of death, bodily injury, or physical damage
| ||||||
20 | to property based on negligence, or product liability based on | ||||||
21 | any theory or
doctrine, recovery of non-economic damages shall | ||||||
22 | be limited to $500,000 per
plaintiff. There shall be no | ||||||
23 | recovery for hedonic damages.
| ||||||
24 | (b) Beginning in 1997, every January 20, the liability |
| |||||||
| |||||||
1 | limit established
in subsection (a) shall automatically be | ||||||
2 | increased or decreased, as applicable,
by a percentage equal to | ||||||
3 | the percentage change in the consumer price index-u
during the | ||||||
4 | preceding 12-month calendar year. "Consumer price index-u" | ||||||
5 | means
the index published by the Bureau of Labor Statistics of | ||||||
6 | the United States
Department of Labor that measures the average | ||||||
7 | change in prices of goods and
services purchased by all urban | ||||||
8 | consumers, United States city average, all
items, 1982-84 = | ||||||
9 | 100. The new amount resulting from each annual adjustment
shall | ||||||
10 | be determined by the Comptroller and made available to the | ||||||
11 | chief judge of
each judicial circuit
district .
| ||||||
12 | (c) The liability limits at the time at which damages
| ||||||
13 | subject to such limits are awarded by final judgment or | ||||||
14 | settlement shall be
utilized by the courts.
| ||||||
15 | (d) Nothing in this Section shall be construed to create a | ||||||
16 | right to recover
non-economic damages.
| ||||||
17 | (e) This amendatory Act of 1995 applies to causes of action | ||||||
18 | accruing
on or after its effective date.
| ||||||
19 | (Source: P.A. 89-7, eff. 3-9-95 ; revised 10-18-05.)
| ||||||
20 | (735 ILCS 5/2-1401) (from Ch. 110, par. 2-1401)
| ||||||
21 | Sec. 2-1401. Relief from judgments.
| ||||||
22 | (a) Relief from final orders and judgments, after 30 days | ||||||
23 | from the
entry thereof, may be had upon petition as provided in | ||||||
24 | this Section.
Writs of error coram nobis and coram vobis, bills | ||||||
25 | of review and bills
in the nature of bills of review are |
| |||||||
| |||||||
1 | abolished. All relief heretofore
obtainable and the grounds for | ||||||
2 | such relief heretofore available,
whether by any of the | ||||||
3 | foregoing remedies or otherwise, shall be
available in every | ||||||
4 | case, by proceedings hereunder, regardless of the
nature of the | ||||||
5 | order or judgment from which relief is sought or of the
| ||||||
6 | proceedings in which it was entered. Except as provided in | ||||||
7 | Section 6
of the Illinois Parentage Act of 1984, there shall be | ||||||
8 | no distinction
between actions and other proceedings, | ||||||
9 | statutory or otherwise, as to
availability of relief, grounds | ||||||
10 | for relief or the relief obtainable.
| ||||||
11 | (b) The petition must be filed in the same proceeding in | ||||||
12 | which the
order or judgment was entered but is not a | ||||||
13 | continuation thereof. The
petition must be supported by | ||||||
14 | affidavit or other appropriate showing as
to matters not of | ||||||
15 | record. All parties to the petition shall be notified
as | ||||||
16 | provided by rule.
| ||||||
17 | (c) Except as provided in Section 20b of the Adoption Act | ||||||
18 | and Section
2-32
3-32 of the Juvenile Court Act of 1987 or in a | ||||||
19 | petition based
upon Section 116-3 of the Code of Criminal | ||||||
20 | Procedure of 1963, the petition
must be filed not later than 2 | ||||||
21 | years after the entry of the order or judgment.
Time during | ||||||
22 | which the person seeking relief is under legal disability or
| ||||||
23 | duress or the ground for relief is fraudulently concealed shall | ||||||
24 | be excluded
in computing the period of 2 years.
| ||||||
25 | (d) The filing of a petition under this Section does not | ||||||
26 | affect the
order or judgment, or suspend its operation.
|
| |||||||
| |||||||
1 | (e) Unless lack of jurisdiction affirmatively appears from | ||||||
2 | the
record proper, the vacation or modification of an order or | ||||||
3 | judgment
pursuant to the provisions of this Section does not | ||||||
4 | affect the right,
title or interest in or to any real or | ||||||
5 | personal property of any person,
not a party to the original | ||||||
6 | action, acquired for value after the entry
of the order or | ||||||
7 | judgment but before the filing of the petition, nor
affect any | ||||||
8 | right of any person not a party to the original action under
| ||||||
9 | any certificate of sale issued before the filing of the | ||||||
10 | petition,
pursuant to a sale based on the order or judgment.
| ||||||
11 | (f) Nothing contained in this Section affects any existing | ||||||
12 | right to
relief from a void order or judgment, or to employ any | ||||||
13 | existing method
to procure that relief.
| ||||||
14 | (Source: P.A. 90-18, eff. 7-1-97; 90-27, eff. 1-1-98; 90-141, | ||||||
15 | eff. 1-1-98;
90-655, eff. 7-30-98; revised 11-06-02.)
| ||||||
16 | (735 ILCS 5/2-1402) (from Ch. 110, par. 2-1402)
| ||||||
17 | Sec. 2-1402. Supplementary proceedings.
| ||||||
18 | (a) A judgment creditor, or his or her successor in | ||||||
19 | interest when that
interest is made to appear of record, is | ||||||
20 | entitled to prosecute supplementary
proceedings for the | ||||||
21 | purposes of examining the judgment debtor or any other
person | ||||||
22 | to discover assets or income of the debtor not exempt from the
| ||||||
23 | enforcement of the judgment, a deduction order or garnishment, | ||||||
24 | and of
compelling the application of non-exempt assets or | ||||||
25 | income discovered toward the
payment of the amount due under |
| |||||||
| |||||||
1 | the judgment. A supplementary proceeding shall
be commenced by | ||||||
2 | the service of a citation issued by the clerk. The procedure
| ||||||
3 | for conducting supplementary proceedings shall be prescribed | ||||||
4 | by rules. It is
not a prerequisite to the commencement of a | ||||||
5 | supplementary proceeding that a
certified copy of the judgment | ||||||
6 | has been returned wholly or partly unsatisfied.
All citations | ||||||
7 | issued by the clerk shall have the following language, or
| ||||||
8 | language substantially similar thereto, stated prominently on | ||||||
9 | the front, in
capital letters: "YOUR FAILURE TO APPEAR IN COURT | ||||||
10 | AS HEREIN DIRECTED MAY CAUSE
YOU TO BE ARRESTED AND BROUGHT | ||||||
11 | BEFORE THE COURT TO ANSWER TO A CHARGE OF
CONTEMPT OF COURT, | ||||||
12 | WHICH MAY BE PUNISHABLE BY IMPRISONMENT IN THE COUNTY JAIL."
| ||||||
13 | The court shall not grant a continuance of the supplementary | ||||||
14 | proceeding except
upon good cause shown.
| ||||||
15 | (b) Any citation served upon a judgment debtor or any other | ||||||
16 | person shall
include a certification by the attorney for the | ||||||
17 | judgment creditor or the
judgment creditor setting forth the | ||||||
18 | amount of the judgment, the date of the
judgment, or its | ||||||
19 | revival date, the balance due thereon, the name of the court,
| ||||||
20 | and the number of the case, and a copy of the citation notice | ||||||
21 | required by this
subsection. Whenever a citation is served upon | ||||||
22 | a person or party other than
the judgment debtor, the officer | ||||||
23 | or person serving the citation shall send to
the judgment | ||||||
24 | debtor, within three business days of the service upon the | ||||||
25 | cited
party, a copy of the citation and the citation notice, | ||||||
26 | which may be sent
by regular first-class mail to the judgment |
| |||||||
| |||||||
1 | debtor's last known address. In no
event shall a citation | ||||||
2 | hearing be held sooner than five business days after the
| ||||||
3 | mailing of the citation and citation notice to the judgment | ||||||
4 | debtor, except by
agreement of the parties. The citation notice | ||||||
5 | need not be mailed to a
corporation, partnership, or | ||||||
6 | association. The citation notice shall be in
substantially the | ||||||
7 | following form:
| ||||||
8 | "CITATION NOTICE
| ||||||
9 | (Name and address of Court)
| ||||||
10 | Name of Case: (Name of Judgment Creditor),
| ||||||
11 | Judgment Creditor v.
| ||||||
12 | (Name of Judgment Debtor),
| ||||||
13 | Judgment Debtor.
| ||||||
14 | Address of Judgment Debtor: (Insert last known
| ||||||
15 | address)
| ||||||
16 | Name and address of Attorney for Judgment
| ||||||
17 | Creditor or of Judgment Creditor (If no
| ||||||
18 | attorney is listed): (Insert name and address)
| ||||||
19 | Amount of Judgment: $ (Insert amount)
| ||||||
20 | Name of Person Receiving Citation: (Insert name)
| ||||||
21 | Court Date and Time: (Insert return date and time
| ||||||
22 | specified in citation)
| ||||||
23 | NOTICE: The court has issued a citation against the person | ||||||
24 | named above. The
citation directs that person to appear in | ||||||
25 | court to be examined for the purpose
of allowing the judgment | ||||||
26 | creditor to discover income and assets belonging to
the |
| |||||||
| |||||||
1 | judgment debtor or in which the judgment debtor has an | ||||||
2 | interest. The
citation was issued on the basis of a judgment | ||||||
3 | against the judgment debtor in
favor of the judgment creditor | ||||||
4 | in the amount stated above. On or after the
court date stated | ||||||
5 | above, the court may compel the application of any
discovered | ||||||
6 | income or assets toward payment on the judgment.
| ||||||
7 | The amount of income or assets that may be applied toward | ||||||
8 | the judgment is
limited by federal and Illinois law. The | ||||||
9 | JUDGMENT DEBTOR HAS THE RIGHT TO
ASSERT STATUTORY EXEMPTIONS | ||||||
10 | AGAINST CERTAIN INCOME OR ASSETS OF THE JUDGMENT
DEBTOR WHICH | ||||||
11 | MAY NOT BE USED TO SATISFY THE JUDGMENT IN THE AMOUNT STATED
| ||||||
12 | ABOVE:
| ||||||
13 | (1) Under Illinois or federal law, the exemptions of | ||||||
14 | personal property
owned by the debtor include the debtor's | ||||||
15 | equity interest, not to exceed $4,000
in value, in any | ||||||
16 | personal property as chosen by the debtor; Social Security | ||||||
17 | and
SSI benefits; public assistance benefits; unemployment | ||||||
18 | compensation benefits;
worker's compensation benefits; | ||||||
19 | veteran's benefits; circuit breaker property
tax relief | ||||||
20 | benefits; the debtor's equity interest, not to exceed | ||||||
21 | $2,400 in
value, in any one motor vehicle, and the debtor's | ||||||
22 | equity interest, not to
exceed $1,500 in value, in any | ||||||
23 | implements, professional books, or tools of the
trade of | ||||||
24 | the debtor.
| ||||||
25 | (2) Under Illinois law, every person is entitled to an | ||||||
26 | estate in
homestead, when it is owned and occupied as a |
| |||||||
| |||||||
1 | residence, to the extent in value
of $15,000, which | ||||||
2 | homestead is exempt from judgment.
| ||||||
3 | (3) Under Illinois law, the amount of wages that may be | ||||||
4 | applied toward a
judgment is limited to the lesser of (i) | ||||||
5 | 15% of gross weekly wages or (ii) the
amount by which | ||||||
6 | disposable earnings for a week exceed the total of 45 times | ||||||
7 | the
federal minimum hourly wage or, under a wage deduction | ||||||
8 | summons served on or after January 1, 2006, the Illinois | ||||||
9 | minimum hourly wage, whichever is greater.
| ||||||
10 | (4) Under federal law, the amount of wages that may be | ||||||
11 | applied toward a
judgment is limited to the lesser of (i) | ||||||
12 | 25% of disposable earnings for a week
or (ii) the amount by | ||||||
13 | which disposable earnings for a week exceed 30 times the
| ||||||
14 | federal minimum hourly wage.
| ||||||
15 | (5) Pension and retirement benefits and refunds may be | ||||||
16 | claimed as exempt
under Illinois law.
| ||||||
17 | The judgment debtor may have other possible exemptions | ||||||
18 | under the law.
| ||||||
19 | THE JUDGMENT DEBTOR HAS THE RIGHT AT THE CITATION HEARING | ||||||
20 | TO DECLARE EXEMPT
CERTAIN INCOME OR ASSETS OR BOTH. The | ||||||
21 | judgment debtor also has the right to
seek a declaration at an | ||||||
22 | earlier date, by notifying the clerk in writing at
(insert | ||||||
23 | address of clerk). When so notified, the Clerk of the Court | ||||||
24 | will
obtain a prompt hearing date from the court and will
| ||||||
25 | provide the necessary forms that must be prepared by the | ||||||
26 | judgment debtor or the
attorney for the judgment debtor and |
| |||||||
| |||||||
1 | sent to the judgment creditor and the
judgment creditor's | ||||||
2 | attorney regarding the time and location of the hearing.
This | ||||||
3 | notice may be sent by regular first class mail."
| ||||||
4 | (c) When assets or income of the judgment debtor not exempt | ||||||
5 | from
the satisfaction of a judgment, a deduction order or | ||||||
6 | garnishment are
discovered, the court may, by appropriate order | ||||||
7 | or judgment:
| ||||||
8 | (1) Compel the judgment debtor to deliver up, to be | ||||||
9 | applied in
satisfaction of the judgment, in whole or in | ||||||
10 | part, money, choses in
action, property or effects in his | ||||||
11 | or her possession or control, so discovered,
capable of | ||||||
12 | delivery and to which his or her title or right of | ||||||
13 | possession is not
substantially disputed.
| ||||||
14 | (2) Compel the judgment debtor to pay to the judgment | ||||||
15 | creditor or
apply on the judgment, in installments, a | ||||||
16 | portion of his or her income, however
or whenever earned or | ||||||
17 | acquired, as the court may deem proper, having due
regard | ||||||
18 | for the reasonable requirements of the judgment debtor and | ||||||
19 | his or her
family, if dependent upon him or her, as well as | ||||||
20 | any payments required to be
made by prior order of court or | ||||||
21 | under wage assignments outstanding; provided
that the | ||||||
22 | judgment debtor shall not be compelled to pay income which | ||||||
23 | would be
considered exempt as wages under the Wage | ||||||
24 | Deduction Statute. The court may
modify an order for | ||||||
25 | installment payments, from time to time, upon application
| ||||||
26 | of either party upon notice to the other.
|
| |||||||
| |||||||
1 | (3) Compel any person cited, other than the judgment | ||||||
2 | debtor, to
deliver up any assets so discovered, to be | ||||||
3 | applied in satisfaction of
the judgment, in whole or in | ||||||
4 | part, when those assets are held under such
circumstances | ||||||
5 | that in an action by the judgment debtor he or she could | ||||||
6 | recover
them in specie or obtain a judgment for the | ||||||
7 | proceeds or value thereof as
for conversion or | ||||||
8 | embezzlement.
| ||||||
9 | (4) Enter any order upon or judgment against the person | ||||||
10 | cited that
could be entered in any garnishment proceeding.
| ||||||
11 | (5) Compel any person cited to execute an assignment of | ||||||
12 | any chose in
action or a conveyance of title to real or | ||||||
13 | personal property, in the
same manner and to the same | ||||||
14 | extent as a court could do in any proceeding
by a judgment | ||||||
15 | creditor to enforce payment of a judgment or in aid of
the | ||||||
16 | enforcement of a judgment.
| ||||||
17 | (6) Authorize the judgment creditor to maintain an | ||||||
18 | action against
any person or corporation that, it appears | ||||||
19 | upon proof satisfactory to
the court, is indebted to the | ||||||
20 | judgment debtor, for the recovery of the
debt, forbid the | ||||||
21 | transfer or other disposition of the debt until an
action | ||||||
22 | can be commenced and prosecuted to judgment, direct that | ||||||
23 | the
papers or proof in the possession or control of the | ||||||
24 | debtor and necessary
in the prosecution of the action be | ||||||
25 | delivered to the creditor or
impounded in court, and | ||||||
26 | provide for the disposition of any moneys in
excess of the |
| |||||||
| |||||||
1 | sum required to pay the judgment creditor's judgment and
| ||||||
2 | costs allowed by the court.
| ||||||
3 | (d) No order or judgment shall be entered under subsection | ||||||
4 | (c) in favor of
the judgment creditor unless there appears of | ||||||
5 | record a certification of
mailing showing that a copy of the | ||||||
6 | citation and a copy of the citation notice
was mailed to the | ||||||
7 | judgment debtor as required by subsection (b).
| ||||||
8 | (e) All property ordered to be delivered up shall, except | ||||||
9 | as
otherwise provided in this Section, be delivered to the | ||||||
10 | sheriff to be
collected by the sheriff or sold at public sale | ||||||
11 | and the proceeds thereof
applied towards the payment of costs | ||||||
12 | and the satisfaction of the judgment.
| ||||||
13 | (f) (1) The citation may prohibit the party to whom it is | ||||||
14 | directed from
making or allowing any transfer or other | ||||||
15 | disposition of, or interfering with,
any property not | ||||||
16 | exempt from the enforcement of a judgment therefrom, a
| ||||||
17 | deduction order or garnishment, belonging to the judgment | ||||||
18 | debtor or to which he
or she may be entitled or which may | ||||||
19 | thereafter be acquired by or become due to
him or her, and | ||||||
20 | from paying over or otherwise disposing of any moneys not | ||||||
21 | so
exempt which are due or to become due to the judgment | ||||||
22 | debtor, until the further
order of the court or the | ||||||
23 | termination of the proceeding, whichever occurs
first. The | ||||||
24 | third party may not be obliged to withhold the payment of | ||||||
25 | any
moneys beyond double the amount of the balance due | ||||||
26 | sought to be enforced by the
judgment creditor. The court |
| |||||||
| |||||||
1 | may punish any party who violates the restraining
provision | ||||||
2 | of a citation as and for a contempt, or if the party is a | ||||||
3 | third party
may enter judgment against him or her in the | ||||||
4 | amount of the unpaid portion of
the judgment and costs | ||||||
5 | allowable under this Section, or in the amount of the
value | ||||||
6 | of the property transferred, whichever is lesser.
| ||||||
7 | (2) The court may enjoin any person, whether or not a | ||||||
8 | party to the
supplementary proceeding, from making or | ||||||
9 | allowing any transfer or other
disposition of, or | ||||||
10 | interference with, the property of the judgment
debtor not | ||||||
11 | exempt from the enforcement of a judgment, a deduction | ||||||
12 | order or
garnishment, or the property or debt not so exempt | ||||||
13 | concerning which any
person is required to attend and be | ||||||
14 | examined until further direction in the
premises. The | ||||||
15 | injunction order shall remain in effect until vacated by | ||||||
16 | the
court or until the proceeding is terminated, whichever | ||||||
17 | first occurs.
| ||||||
18 | (g) If it appears that any property, chose in action, | ||||||
19 | credit or
effect discovered, or any interest therein, is | ||||||
20 | claimed by any person, the court
shall, as in garnishment | ||||||
21 | proceedings, permit or require the claimant to appear
and | ||||||
22 | maintain his or her right. The rights of the person cited
and | ||||||
23 | the rights of any adverse claimant shall be asserted and | ||||||
24 | determined
pursuant to the law relating to garnishment | ||||||
25 | proceedings.
| ||||||
26 | (h) Costs in proceedings authorized by this Section shall |
| |||||||
| |||||||
1 | be
allowed, assessed and paid in accordance with rules, | ||||||
2 | provided that if the
court determines, in its discretion, that | ||||||
3 | costs incurred by the judgment
creditor were improperly | ||||||
4 | incurred, those costs shall be paid by the judgment
creditor.
| ||||||
5 | (i) This Section is in addition to and does not affect
| ||||||
6 | enforcement of judgments or proceedings supplementary thereto, | ||||||
7 | by any other
methods now or hereafter provided by law.
| ||||||
8 | (j) This Section does not grant the power to any court to | ||||||
9 | order
installment or other payments from, or compel the sale, | ||||||
10 | delivery,
surrender, assignment or conveyance of any property | ||||||
11 | exempt by statute
from the enforcement of a judgment thereon, a | ||||||
12 | deduction order, garnishment,
attachment, sequestration, | ||||||
13 | process or other levy or seizure.
| ||||||
14 | (k) (Blank).
| ||||||
15 | (l) At any citation hearing at which the judgment debtor | ||||||
16 | appears and seeks
a declaration that certain of his or her | ||||||
17 | income or assets are exempt, the court
shall proceed to | ||||||
18 | determine whether the property which the judgment debtor
| ||||||
19 | declares to be exempt is exempt from judgment. At any time | ||||||
20 | before the return
date specified on the citation, the judgment | ||||||
21 | debtor may request, in writing, a
hearing to declare exempt | ||||||
22 | certain income and assets by notifying the clerk of
the court | ||||||
23 | before that time, using forms as may be provided by the clerk | ||||||
24 | of the
court. The clerk of the court will obtain a prompt | ||||||
25 | hearing date from the
court and will provide the necessary | ||||||
26 | forms that must be prepared by the
judgment debtor or the |
| |||||||
| |||||||
1 | attorney for the judgment debtor and sent to the
judgment | ||||||
2 | creditor, or the judgment creditor's attorney, regarding the | ||||||
3 | time and
location of the hearing. This notice may be sent by | ||||||
4 | regular first class mail.
At the hearing, the court shall | ||||||
5 | immediately, unless for good cause shown that
the hearing is to | ||||||
6 | be continued, shall proceed to determine whether the property
| ||||||
7 | which the judgment debtor declares to be exempt is exempt from | ||||||
8 | judgment. The
restraining provisions of subsection (f) shall | ||||||
9 | not apply to any property
determined by the court to be exempt.
| ||||||
10 | (m) The judgment or balance due on the judgment becomes a | ||||||
11 | lien when a
citation is served in accordance with subsection | ||||||
12 | (a) of this Section. The lien
binds nonexempt personal | ||||||
13 | property, including money, choses in action, and
effects of the | ||||||
14 | judgment debtor as follows:
| ||||||
15 | (1) When the citation is directed against the judgment | ||||||
16 | debtor, upon all
personal property belonging to the | ||||||
17 | judgment debtor in the possession or control
of the | ||||||
18 | judgment debtor or which may thereafter be acquired or come | ||||||
19 | due to the
judgment debtor to the time of the disposition | ||||||
20 | of the citation.
| ||||||
21 | (2) When the citation is directed against a third | ||||||
22 | party, upon all personal
property belonging to the judgment | ||||||
23 | debtor in the possession or control of the
third party or | ||||||
24 | which thereafter may be acquired or come due the judgment | ||||||
25 | debtor
and comes into the possession or control of the | ||||||
26 | third party to the time of the
disposition of the citation.
|
| |||||||
| |||||||
1 | The lien established under this Section does not affect the | ||||||
2 | rights of
citation respondents in property prior to the service | ||||||
3 | of the citation upon them
and does not affect the rights of | ||||||
4 | bona fide purchasers or lenders without
notice of the citation. | ||||||
5 | The lien is effective for the period specified by
Supreme Court | ||||||
6 | Rule.
| ||||||
7 | This subsection (m), as added by Public Act 88-48, is a | ||||||
8 | declaration of
existing law.
| ||||||
9 | (n) If any provision of this Act or its application to any | ||||||
10 | person or
circumstance is held invalid, the invalidity of that | ||||||
11 | provision or application
does not affect the provisions or | ||||||
12 | applications of the Act that can be given
effect without the | ||||||
13 | invalid provision or application.
| ||||||
14 | (Source: P.A. 94-293, eff. 1-1-06; 94-306, eff. 1-1-06; revised | ||||||
15 | 8-19-05.)
| ||||||
16 | (735 ILCS 5/4-201) (from Ch. 110, par. 4-201)
| ||||||
17 | Sec. 4-201. Liens in general. Every sail vessel,
steamboat, | ||||||
18 | steam dredge, tug boat, scow, canal boat, barge, lighter, and
| ||||||
19 | other water craft of above five tons burthen, used or intended | ||||||
20 | to be
used in navigating the waters or canals of this State, or | ||||||
21 | used in trade
and commerce between ports and places within this | ||||||
22 | State, or having their
home port in this State, shall be | ||||||
23 | subject to a lien thereon, which lien
shall extend to the | ||||||
24 | tackle, apparel and furniture of such craft, as follows:
| ||||||
25 | 1. For all debts contracted by the owner or part owner, |
| |||||||
| |||||||
1 | master,
clerk, steward, agent or ship's husband
shipshusband of | ||||||
2 | such craft, on account of
supplies and provisions furnished for | ||||||
3 | the use of such water craft, on
account of work done or | ||||||
4 | services rendered on board of such craft by any
seaman, master | ||||||
5 | or other employee thereof, or on account of work done or
| ||||||
6 | materials furnished by mechanics, tradesmen or others, in or | ||||||
7 | about the
building, repairing, fitting, furnishing or | ||||||
8 | equipping such craft.
| ||||||
9 | 2. For all sums due for wharfage, anchorage or dock hire,
| ||||||
10 | including the use of dry docks.
| ||||||
11 | 3. For sums due for towage, labor at pumping out or | ||||||
12 | raising, when
sunk or disabled, and to shipshusband or agent of | ||||||
13 | such water craft, for
disbursement due by the owner on account | ||||||
14 | of such water craft.
| ||||||
15 | 4. For all damages arising for the nonperformance of any
| ||||||
16 | contract of affreightment, or of any contract touching the
| ||||||
17 | transportation of property entered into by the master, owner, | ||||||
18 | agent or
consignee of such water craft, where any such contract | ||||||
19 | is made in this
state.
| ||||||
20 | 5. For all damages arising from injuries done to persons or
| ||||||
21 | property by such water craft, whether the same are aboard said | ||||||
22 | vessel or
not, where the same shall have occurred through the | ||||||
23 | negligence or
misconduct of the owner, agent, master or | ||||||
24 | employee thereon; but the
craft shall not be liable for any | ||||||
25 | injury or damage received by one of
the crew from another | ||||||
26 | member of the crew.
|
| |||||||
| |||||||
1 | (Source: P.A. 82-280; revised 10-19-05.)
| ||||||
2 | (735 ILCS 5/12-710) (from Ch. 110, par. 12-710)
| ||||||
3 | Sec. 12-710. Adverse claims; Trial.
| ||||||
4 | (a) In the event any indebtedness or other property due | ||||||
5 | from or in the
possession of a garnishee is claimed by any | ||||||
6 | other person, the court shall
permit the claimant to appear and | ||||||
7 | maintain his or her claim. A claimant not
voluntarily appearing | ||||||
8 | shall be served with notice as the court shall direct.
If a | ||||||
9 | claimant fails to appear after being served with notice in the | ||||||
10 | manner
directed, he or she shall be concluded by the judgment | ||||||
11 | entered in the
garnishment proceeding.
| ||||||
12 | (b) If the adverse claimant appears and, within the time | ||||||
13 | the court
allows, files his or her claim and serves a copy | ||||||
14 | thereof upon the judgment
creditor, the judgment debtor, and | ||||||
15 | the garnishee, he or she is then a
party to the garnishment | ||||||
16 | proceeding; and his or her claim shall be tried and
determined | ||||||
17 | with the other issues in the garnishment action. Upon | ||||||
18 | certification
by the Department of Healthcare and Family | ||||||
19 | Services (formerly Illinois Department of Public Aid ) that a | ||||||
20 | person who is receiving
support payments under this Section is | ||||||
21 | a public aid recipient, any support
payments subsequently | ||||||
22 | received by the clerk of the court shall be transmitted
to the | ||||||
23 | Illinois Department of Public Aid until the Department gives | ||||||
24 | notice to
cease such transmittal. If the adverse claimant is | ||||||
25 | entitled to all or part of
the indebtedness or other property, |
| |||||||
| |||||||
1 | the court shall enter judgment in
accordance with the interests | ||||||
2 | of the parties.
| ||||||
3 | (c) Claims for the support of a spouse or dependent | ||||||
4 | children shall
be superior to all other claims for garnishment | ||||||
5 | of property.
| ||||||
6 | (Source: P.A. 87-1252; revised 12-15-05.)
| ||||||
7 | (735 ILCS 5/15-1201) (from Ch. 110, par. 15-1201)
| ||||||
8 | Sec. 15-1201. Agricultural Real Estate. "Agricultural real | ||||||
9 | estate"
means real estate which is used primarily (i)
for the | ||||||
10 | growing and harvesting of crops, (ii) for the feeding, breeding
| ||||||
11 | and management of livestock, (iii) for dairying, or (iv) for | ||||||
12 | any other agricultural
or horticultural use or combination | ||||||
13 | thereof, including without limitation, aquaculture,
| ||||||
14 | silviculture,
silvaculture and any other activities | ||||||
15 | customarily engaged in by persons
engaged in the business of | ||||||
16 | farming.
| ||||||
17 | (Source: P.A. 84-1462; revised 10-19-05.)
| ||||||
18 | Section 1090. The Eminent Domain Act is amended by changing | ||||||
19 | Sections 10-5-10, 10-5-105, 25-7-103.3, and 25-7-103.63 and by | ||||||
20 | adding Section 25-7-103.125 (incorporating and renumbering | ||||||
21 | Section 7-103.113 of the Code of Civil Procedure from Public | ||||||
22 | Act 94-898) as follows:
| ||||||
23 | (735 ILCS 30/10-5-10) (was 735 ILCS 5/7-102)
|
| |||||||
| |||||||
1 | Sec. 10-5-10. Parties. | ||||||
2 | (a) When the right (i) to take private property for public
| ||||||
3 | use, without the owner's consent, (ii) to construct or maintain | ||||||
4 | any
public road, railroad, plankroad, turnpike road, canal, or | ||||||
5 | other public
work or improvement, or (iii) to damage property | ||||||
6 | not actually taken has
been or is conferred by general law or
| ||||||
7 | special charter upon any corporate or municipal authority, | ||||||
8 | public body,
officer or agent, person, commissioner, or | ||||||
9 | corporation and when (i) the
compensation to be paid for or in | ||||||
10 | respect of the property sought to be
appropriated or damaged | ||||||
11 | for the purposes mentioned cannot be
agreed upon by the parties | ||||||
12 | interested, (ii) the owner of the
property is incapable of | ||||||
13 | consenting, (iii)
the owner's name or residence is
unknown, or | ||||||
14 | (iv) the owner is a nonresident of the State, then the party | ||||||
15 | authorized to
take or damage the property so required, or to | ||||||
16 | construct, operate,
and
maintain any public road, railroad, | ||||||
17 | plankroad, turnpike road, canal, or
other public work or | ||||||
18 | improvement, may apply to the circuit court of the
county where | ||||||
19 | the property or any part of the property is situated, by filing
| ||||||
20 | with the clerk a complaint. The complaint shall set forth, by | ||||||
21 | reference, (i) the complainant's
authority in the premises, | ||||||
22 | (ii) the purpose for which the property is sought
to be taken | ||||||
23 | or damaged, (iii) a description of the property, and (iv) the | ||||||
24 | names of all
persons interested in the property as owners or | ||||||
25 | otherwise, as appearing of
record, if known, or if not known | ||||||
26 | stating that fact; and shall pray the
court to cause the |
| |||||||
| |||||||
1 | compensation to be paid to the owner to be assessed. | ||||||
2 | (b) If it appears that any person not in being, upon coming | ||||||
3 | into being, is,
or may become or may claim to be, entitled to | ||||||
4 | any interest in the
property sought to be appropriated or | ||||||
5 | damaged, the court shall appoint
some competent and | ||||||
6 | disinterested person as guardian ad litem to appear
for and | ||||||
7 | represent that interest in the proceeding and to defend the
| ||||||
8 | proceeding on behalf of the person not in being. Any judgment
| ||||||
9 | entered in the proceeding shall be as effectual for all | ||||||
10 | purposes
as though the person was in being and was a party to | ||||||
11 | the proceeding. | ||||||
12 | (c) If
the proceeding seeks to affect the property of | ||||||
13 | persons under guardianship,
the guardians shall be made parties | ||||||
14 | defendant. | ||||||
15 | (d) Any interested persons whose
names are unknown may be | ||||||
16 | made parties defendant by the same
descriptions and in the same | ||||||
17 | manner as provided in other civil cases. | ||||||
18 | (e) When the property to be taken or damaged is a common | ||||||
19 | element of
property subject to a declaration of condominium | ||||||
20 | ownership, pursuant to the
Condominium Property Act, or of a | ||||||
21 | common interest community, the complaint
shall name the unit | ||||||
22 | owners' association in lieu of naming the individual
unit | ||||||
23 | owners and lienholders on individual units. Unit owners, | ||||||
24 | mortgagees,
and other lienholders may intervene as parties | ||||||
25 | defendant. For the purposes
of this Section, "common interest | ||||||
26 | community" has the same meaning as
set forth in subsection (c) |
| |||||||
| |||||||
1 | of Section 9-102 of the Code of Civil
Procedure. "Unit owners' | ||||||
2 | association" or "association" shall refer to both
the | ||||||
3 | definition contained in Section 2 of the Condominium Property | ||||||
4 | Act and
subsection (c) of Section 9-102 of the Code of Civil | ||||||
5 | Procedure. | ||||||
6 | (f) When the property is sought to be taken or damaged by | ||||||
7 | the State for the
purposes of establishing, operating, or | ||||||
8 | maintaining any State house or
State charitable or other | ||||||
9 | institutions or improvements, the complaint
shall be signed by | ||||||
10 | the Governor, or the Governor's designee, or as otherwise
| ||||||
11 | provided by law. | ||||||
12 | (g) No property, except property described in
Section 3 of | ||||||
13 | the Sports Stadium Act, property to be acquired in furtherance | ||||||
14 | of actions under Article 11, Divisions 124, 126, 128, 130, 135, | ||||||
15 | 136, and 139, of
the Illinois Municipal Code, property to be | ||||||
16 | acquired in furtherance of actions under Section 3.1 of the | ||||||
17 | Intergovernmental Cooperation Act, property to be acquired | ||||||
18 | that is a water system or waterworks pursuant to the home rule | ||||||
19 | powers of a unit of local government, and property described as | ||||||
20 | Site B in Section 2
of the Metropolitan Pier and Exposition | ||||||
21 | Authority Act, belonging to a
railroad or other public utility | ||||||
22 | subject to the jurisdiction of the
Illinois Commerce Commission | ||||||
23 | may be taken or damaged, pursuant to the
provisions of this | ||||||
24 | Act, without the prior approval
of the Illinois Commerce | ||||||
25 | Commission. | ||||||
26 | (Source: P.A. 94-1055, eff. 1-1-07; incorporates P.A. 94-1007, |
| |||||||
| |||||||
1 | eff. 1-1-07; revised 9-13-06.) | ||||||
2 | (735 ILCS 30/10-5-105)
| ||||||
3 | Sec. 10-5-105. Sale of certain property acquired by | ||||||
4 | condemnation. | ||||||
5 | (a) This Section applies only to property that (i) has been | ||||||
6 | acquired after the effective date of this Act by condemnation | ||||||
7 | or threat of condemnation, (ii) was acquired for public | ||||||
8 | ownership and control by the condemning authority or another | ||||||
9 | public entity, and (iii) has been under the ownership and | ||||||
10 | control of the condemning authority or that other public entity | ||||||
11 | for a total of less than 5 years. | ||||||
12 | As used in this Section, "threat of condemnation" means | ||||||
13 | that the condemning authority has made an offer to purchase | ||||||
14 | property and has the authority to exercise the power of eminent | ||||||
15 | domain with respect to that property. | ||||||
16 | (b) Any governmental entity seeking to dispose of property | ||||||
17 | to which this Section applies must dispose of that property in | ||||||
18 | accordance with this Section, unless disposition of that | ||||||
19 | property is otherwise specifically authorized or prohibited by | ||||||
20 | law enacted by the General Assembly before, on, or after the | ||||||
21 | effective date of this Act. | ||||||
22 | (c) The sale or public auction by the State of property to | ||||||
23 | which this Section applies must be conducted in the manner | ||||||
24 | provided in the State Property Control Act for the disposition | ||||||
25 | of surplus property. |
| |||||||
| |||||||
1 | (d) The sale or public auction by a municipality of | ||||||
2 | property to which this Section applies must be conducted in | ||||||
3 | accordance with Section 11-76-4.1 or 11-76-4.2 of the Illinois | ||||||
4 | Municipal Code. | ||||||
5 | (e) The sale or public auction by any other unit of local | ||||||
6 | government or school district of property to which this Section | ||||||
7 | applies must be conducted in accordance with this subsection | ||||||
8 | (e). The corporate
authorities of the the unit of local | ||||||
9 | government or school district, by resolution, may authorize the | ||||||
10 | sale or public
auction of
the property as surplus public real | ||||||
11 | estate. The value of the real estate shall be
determined by a | ||||||
12 | written MAI-certified appraisal or by a written certified
| ||||||
13 | appraisal of a State-certified or State-licensed real estate | ||||||
14 | appraiser. The
appraisal shall be available for public | ||||||
15 | inspection. The resolution may direct
the sale to be conducted | ||||||
16 | by the staff of the unit of local government or school | ||||||
17 | district; by
listing
with local licensed real estate agencies, | ||||||
18 | in which case the terms of the
agent's compensation shall be | ||||||
19 | included in the resolution; or by public
auction. The | ||||||
20 | resolution
shall be published at the first opportunity | ||||||
21 | following its passage in a
newspaper or newspapers published in | ||||||
22 | the county or counties in which the unit of local government or | ||||||
23 | school district is located. The resolution
shall also contain | ||||||
24 | pertinent information concerning the size, use, and
zoning of | ||||||
25 | the real estate and the terms of sale. The corporate | ||||||
26 | authorities of the unit of local government or school district |
| |||||||
| |||||||
1 | may accept any contract proposal determined by them to be in | ||||||
2 | the best
interest of the unit of local government or school | ||||||
3 | district by a vote of two-thirds of
the
members of the | ||||||
4 | corporate authority of the unit of local government or school | ||||||
5 | district then holding office, but in no event at a price
less
| ||||||
6 | than 80% of the appraised value. | ||||||
7 | (f) This Section does not apply to the acquisition or | ||||||
8 | damaging of property under the O'Hare Modernization Act.
| ||||||
9 | (Source: P.A. 94-1055, eff. 1-1-07; revised 9-13-06.)
| ||||||
10 | (735 ILCS 30/25-7-103.3)
(was 735 ILCS 5/7-103.3)
| ||||||
11 | Sec. 25-7-103.3. Quick-take; coal development purposes.
| ||||||
12 | Quick-take proceedings under Article 20 may be used
by the | ||||||
13 | Department of Commerce and Economic Opportunity for the purpose
| ||||||
14 | specified in the Illinois Coal Development Bond Act.
| ||||||
15 | (Source: P.A. 94-1055, eff. 1-1-07; incorporates P.A. 94-793, | ||||||
16 | eff. 5-19-06; revised 9-13-06.)
| ||||||
17 | (735 ILCS 30/25-7-103.63)
(was 735 ILCS 5/7-103.63)
| ||||||
18 | Sec. 25-7-103.63. Quick-take;
City of Peru.
Quick-take | ||||||
19 | proceedings under Article 20 may be used
for a period of 24 | ||||||
20 | months after July 30, 1998 by the City of Peru
for removal of | ||||||
21 | existing residential deed restrictions on
the use of property, | ||||||
22 | and the rights of other property
owners in the subdivision to | ||||||
23 | enforce those restrictions,
as they apply to lots 10, 11, 12, | ||||||
24 | 13, 14, 15, and 16 in
Urbanowski's Subdivision to the City of |
| |||||||
| |||||||
1 | Peru, all of
which are owned by the Illinois Valley Community | ||||||
2 | Hospital
and adjacent to the existing hospital building, for | ||||||
3 | the
limited purpose of allowing the Illinois Valley Community
| ||||||
4 | Hospital to expand its hospital facility, including
expansion | ||||||
5 | for needed emergency room and outpatient
services; under this | ||||||
6 | Section 7-103.63 compensation shall be
paid to those other | ||||||
7 | property owners for the removal of
their rights to enforce the | ||||||
8 | residential deed restrictions
on property owned by the Illinois | ||||||
9 | Valley Community
Hospital, but no real estate owned by those | ||||||
10 | other
property owners may be taken.
| ||||||
11 | (Source: P.A. 94-1055, eff. 1-1-07; revised 10-6-06.)
| ||||||
12 | (735 ILCS 30/25-7-103.125) (was 735 ILCS 5/7-103.113 from | ||||||
13 | P.A. 94-898) | ||||||
14 | Sec. 25-7-103.125
7-103.113 . Quick-take; City of Mount | ||||||
15 | Vernon. Quick-take proceedings under Article 20
Section 7-103
| ||||||
16 | may be used for a period of 12 months after the effective date | ||||||
17 | of this amendatory Act of the 94th General Assembly by the City | ||||||
18 | of Mount Vernon for roadway extension purposes for acquisition | ||||||
19 | of the property described in Parcel 4, Parcel 10, and Parcel | ||||||
20 | 12, and for the acquisition of an easement in the property | ||||||
21 | described as Parcel 12TE, each described as follows: | ||||||
22 | PARCEL 4
| ||||||
23 | A part of the Southwest Quarter of Section 36, Township 2 |
| |||||||
| |||||||
1 | South, Range 2 East of the Third Principal Meridian, | ||||||
2 | Jefferson County, Illinois, more particularly described as | ||||||
3 | follows:
| ||||||
4 | Commencing at the northwest corner of Lot 5 in Parkway | ||||||
5 | Pointe Subdivision, thence South 00 degrees 44 minutes 12 | ||||||
6 | seconds West along the west line of Lot 5, a distance of | ||||||
7 | 13.84 feet to the Point of Beginning; thence South 03 | ||||||
8 | degrees 01 minutes 34 seconds East, 323.26 feet; thence | ||||||
9 | South 12 degrees 21 minutes 36 seconds East, 177.55 feet; | ||||||
10 | thence South 42 degrees 33 minutes 50 seconds East, 65.08 | ||||||
11 | feet; thence South 84 degrees 41 minutes 25 seconds East, | ||||||
12 | 200.97 feet; thence South 88 degrees 53 minutes 09 seconds | ||||||
13 | East, 475.09 feet; thence South 77 degrees 33 minutes 00 | ||||||
14 | seconds East, 127.43 feet; thence South 87 degrees 51 | ||||||
15 | minutes 48 seconds East, 290.09 feet to a point of the | ||||||
16 | existing north right-of-way of Veteran's Memorial Drive; | ||||||
17 | thence South 01 degree 03 minutes 41 seconds West along the | ||||||
18 | existing north right-of-way line, 5.00 feet; thence North | ||||||
19 | 88 degrees 56 minutes 19 seconds West along the existing | ||||||
20 | north right-of-way line, 1,055.47 feet to the southeast | ||||||
21 | corner of Lot 8 in Parkway Pointe Subdivision; thence | ||||||
22 | continuing North 88 degrees 56 minutes 19 seconds West | ||||||
23 | along the existing north right-of-way line and the south | ||||||
24 | line of Lot 8, a distance of 69.90 feet; thence North 44 | ||||||
25 | degrees 02 minutes 40 seconds West along the existing north |
| |||||||
| |||||||
1 | right-of-way line and the south line of Lot 8, a distance | ||||||
2 | of 99.52 feet to the existing east right-of-way line of | ||||||
3 | South 42nd Street and the Southwest corner of Lot 8; thence | ||||||
4 | North 00 degrees 44 minutes 11 seconds East along the east | ||||||
5 | right-of-way line of South 42nd Street and the west line of | ||||||
6 | Lots 5, 6, 7 and 8, a distance of 523.73 feet to the Point | ||||||
7 | of Beginning, containing 1.11 acres (48,299 square feet), | ||||||
8 | more or less.
| ||||||
9 | PARCEL 10
| ||||||
10 | A part of Lot 9 in the Division of Lands of Paulina E. | ||||||
11 | Davidson, located in the Northwest Quarter of Section 1, | ||||||
12 | Township 3 South, Range 2 East of the Third Principal | ||||||
13 | Meridian and more particularly described as follows:
| ||||||
14 | Beginning at the northwest corner of Lot 9 in the Division | ||||||
15 | of Lands of Paulina E. Davidson; thence South 89 degrees 22 | ||||||
16 | minutes 46 seconds East along the north line of Lot 9, a | ||||||
17 | distance of 220.27 feet to the west right-of-way line of | ||||||
18 | Interstates 57 and 64; thence South 18 degrees 17 minutes | ||||||
19 | 35 seconds East along the west right-of-way line, 198.37 | ||||||
20 | feet; thence South 87 degrees 01 minute 47 seconds West, | ||||||
21 | 234.54 feet; thence North 87 degrees 56 minutes 05 seconds | ||||||
22 | East, 49.82 feet to the west line of Lot 9 in the Division | ||||||
23 | of Lands of Paulina E. Davidson; thence North 00 degrees 25 |
| |||||||
| |||||||
1 | minutes 29 seconds East, 201.09 feet to the Point of | ||||||
2 | Beginning, containing 1.14 acres (49,727 square feet), | ||||||
3 | more or less.
| ||||||
4 | PARCEL 12
| ||||||
5 | A part of Lot 1 in Charles Starrett Subdivision in the | ||||||
6 | Southeast Quarter of Section 35, Township 2 South, Range 2 | ||||||
7 | East of the Third Principal Meridian, Jefferson County, | ||||||
8 | Illinois and more particularly described as follows:
| ||||||
9 | Beginning at the Southwest corner of Lot 1 in Charles | ||||||
10 | Starrett Subdivision; thence North 00 degrees 37 minutes 30 | ||||||
11 | seconds East along the west line of Lot 1, a distance of | ||||||
12 | 22.91 feet; thence North 83 degrees 02 minutes 40 seconds | ||||||
13 | East, 131.58 feet; thence North 88 degrees 15 minutes 04 | ||||||
14 | seconds East, 198.71 feet to the west right-of-way line of | ||||||
15 | Interstates 57 and 64; thence South 18 degrees 00 minutes | ||||||
16 | 35 seconds East along the west right-of-way line, 29.32 | ||||||
17 | feet to the South line of Lot 1 in Charles Starrett | ||||||
18 | Subdivision; thence North 89 degrees 31 minutes 48 seconds | ||||||
19 | West along the south line of Lot 1, a distance of 207.89 | ||||||
20 | feet; thence South 00 degrees 02 minutes 53 seconds East | ||||||
21 | along the south line of Lot 1, a distance of 19.80 feet; | ||||||
22 | thence North 89 degrees 31 minutes 54 seconds West along | ||||||
23 | the south line of Lot 1, a distance of 130.68 feet to the |
| |||||||
| |||||||
1 | Point of Beginning, containing 0.21 acres (8,988 square | ||||||
2 | feet), more or less.
| ||||||
3 | PARCEL 12 TE (Easement)
| ||||||
4 | A part of Lot 1 in Charles Starrett Subdivision in the | ||||||
5 | Southeast Quarter of Section 35, Township 2 South, Range 2 | ||||||
6 | East of the Third Principal Meridian, Jefferson County, | ||||||
7 | Illinois and more particularly described as follows:
| ||||||
8 | Beginning at the Southwest corner of Lot 1 in Charles | ||||||
9 | Starrett Subdivision; thence North 00 degrees 37 minutes 32 | ||||||
10 | seconds East along the west line of Lot 1, a distance of | ||||||
11 | 212.31 feet to the Point of Beginning; thence continuing | ||||||
12 | North 00 degrees 37 minutes 32 seconds East along the west | ||||||
13 | line of Lot 1, a distance of 105.00 feet to the northwest | ||||||
14 | corner of Lot 1; thence South 89 degrees 29 minutes 58 | ||||||
15 | seconds East along the north line of Lot 1, a distance of | ||||||
16 | 25.38 feet; thence South 05 degrees 26 minutes 16 seconds | ||||||
17 | West, 105.39 feet; thence North 89 degrees 29 minutes 58 | ||||||
18 | seconds West, 16.54 feet to the Point of Beginning, | ||||||
19 | containing 0.05 acres (2,200 square feet), more or less.
| ||||||
20 | (Source: Incorporates P.A. 94-898, eff. 6-22-06; revised | ||||||
21 | 12-12-06.) | ||||||
22 | Section 1095. The Crime Victims Compensation Act is amended |
| |||||||
| |||||||
1 | by changing Section 6.1 as follows:
| ||||||
2 | (740 ILCS 45/6.1) (from Ch. 70, par. 76.1)
| ||||||
3 | Sec. 6.1. Right to compensation. A person is entitled to | ||||||
4 | compensation
under this Act if:
| ||||||
5 | (a) Within 2 years of the occurrence of the crime upon
| ||||||
6 | which the claim
is based, he files an application, under | ||||||
7 | oath, with the Court of Claims and
on a form prescribed in | ||||||
8 | accordance with Section 7.1 furnished by the
Attorney | ||||||
9 | General. If the person entitled to compensation is under 18 | ||||||
10 | years
of age or under other legal disability at the time of | ||||||
11 | the occurrence or
becomes legally disabled as a result of | ||||||
12 | the occurrence, he may file the
application required by | ||||||
13 | this subsection within 2 years after
he attains
the age of | ||||||
14 | 18 years or the disability is removed, as the case may be. | ||||||
15 | Legal disability includes a diagnosis of posttraumatic | ||||||
16 | stress disorder.
| ||||||
17 | (b) For all crimes of violence, except those listed in | ||||||
18 | subsection (b-1) of this Section, the appropriate law | ||||||
19 | enforcement officials were notified within
72 hours of the | ||||||
20 | perpetration of the crime allegedly causing the death or
| ||||||
21 | injury to the victim or, in the event such notification was | ||||||
22 | made more
than 72 hours after the perpetration of the | ||||||
23 | crime, the applicant
establishes that such notice was | ||||||
24 | timely under the circumstances.
| ||||||
25 | (b-1) For victims of offenses defined in Sections |
| |||||||
| |||||||
1 | 12-13, 12-14, 12-14.1, 12-15, and 12-16 of the Criminal | ||||||
2 | Code of 1961, the appropriate law enforcement officials | ||||||
3 | were notified within 7 days of the perpetration of the | ||||||
4 | crime allegedly causing death or injury to the victim or, | ||||||
5 | in the event that the notification was made more than 7 | ||||||
6 | days after the perpetration of the crime, the applicant | ||||||
7 | establishes that the notice was timely under the | ||||||
8 | circumstances.
(b-2) If the applicant has obtained an order | ||||||
9 | of protection or a civil no contact order or has presented | ||||||
10 | himself or herself to a hospital for sexual assault | ||||||
11 | evidence collection and medical care, such action shall | ||||||
12 | constitute appropriate notification under this subsection | ||||||
13 | (b-1) or subsection (b) or (b-1) of this Section.
| ||||||
14 | (c) The applicant has cooperated with law enforcement
| ||||||
15 | officials in the apprehension and prosecution of the | ||||||
16 | assailant. (c-1) If the applicant has obtained an order of | ||||||
17 | protection or a civil no contact order or has presented | ||||||
18 | himself or herself to a hospital for sexual assault | ||||||
19 | evidence collection and medical care, such action shall | ||||||
20 | constitute cooperation under this subsection (c) of this | ||||||
21 | Section .
| ||||||
22 | (d) The applicant is not the offender or an accomplice | ||||||
23 | of the offender
and the award would not unjustly benefit | ||||||
24 | the offender or his accomplice.
| ||||||
25 | (e) The injury to or death of the victim was not | ||||||
26 | substantially attributable
to his own wrongful act and was |
| |||||||
| |||||||
1 | not substantially provoked by the victim.
| ||||||
2 | (Source: P.A. 94-192, eff. 1-1-06; revised 8-16-05.)
| ||||||
3 | Section 1100. The Mental Health and Developmental | ||||||
4 | Disabilities Confidentiality Act is amended by changing | ||||||
5 | Sections 7.1 and 11 as follows:
| ||||||
6 | (740 ILCS 110/7.1)
| ||||||
7 | Sec. 7.1. Interagency disclosures.
| ||||||
8 | (a) Nothing in this Act shall be construed to prevent the | ||||||
9 | interagency
disclosure of the name, social security number, and | ||||||
10 | information concerning
services rendered, currently being | ||||||
11 | rendered, or proposed to be rendered
regarding a recipient of | ||||||
12 | services. This disclosure may be made only between
agencies or | ||||||
13 | departments of the State including, but not limited to: (i) the
| ||||||
14 | Department of Human Services, (ii) the Department
of Healthcare | ||||||
15 | and Family Services
Public Aid , (iii) the Department of Public | ||||||
16 | Health, (iv) the State
Board
of Education,
and (v) the | ||||||
17 | Department of Children and Family Services for the purpose of a
| ||||||
18 | diligent search for a
missing parent pursuant to Sections 2-15 | ||||||
19 | and 2-16 of the Juvenile Court Act of
1987 if the
Department of | ||||||
20 | Children and Family Services has reason to believe the parent | ||||||
21 | is
residing in a
mental health facility,
when one or more | ||||||
22 | agencies
or departments of the State have entered into a prior | ||||||
23 | interagency agreement,
memorandum of understanding, or similar | ||||||
24 | agreement to jointly provide or
cooperate in the provision of |
| |||||||
| |||||||
1 | or funding of mental health or developmental
disabilities | ||||||
2 | services.
| ||||||
3 | The Department of Children and Family Services shall not | ||||||
4 | redisclose the
information
received under this Section other | ||||||
5 | than for purposes of service provision or as
necessary for
| ||||||
6 | proceedings under the Juvenile Court Act of 1987.
| ||||||
7 | (b) This Section applies to, but is not limited to, | ||||||
8 | interagency
disclosures under interagency agreements entered | ||||||
9 | into in compliance with the
Early Intervention Services System | ||||||
10 | Act.
| ||||||
11 | (c) Information disclosed under this Section shall be for | ||||||
12 | the limited
purpose of coordinating State efforts in providing | ||||||
13 | efficient
interagency service systems and avoiding duplication | ||||||
14 | of interagency services.
| ||||||
15 | (d) Information disclosed under this Section shall be | ||||||
16 | limited to
the recipient's name, address, social security | ||||||
17 | number or other individually
assigned identifying number, or | ||||||
18 | information generally descriptive of services
rendered or to be | ||||||
19 | rendered. The disclosure of individual clinical or treatment
| ||||||
20 | records or other confidential information is not authorized by | ||||||
21 | this
Section.
| ||||||
22 | (Source: P.A. 89-507, eff. 7-1-97; 90-608, eff. 6-30-98; | ||||||
23 | revised 12-15-05.)
| ||||||
24 | (740 ILCS 110/11) (from Ch. 91 1/2, par. 811)
| ||||||
25 | Sec. 11. Disclosure of records and communications. Records |
| |||||||
| |||||||
1 | and
communications may be disclosed:
| ||||||
2 | (i) in accordance with the provisions of the
Abused and | ||||||
3 | Neglected Child Reporting Act, subsection (u) of Section 5 | ||||||
4 | of the Children and Family Services Act, or Section 7.4 of | ||||||
5 | the Child Care Act of 1969;
| ||||||
6 | (ii) when, and to the extent, a
therapist, in his or | ||||||
7 | her sole discretion, determines that disclosure is
| ||||||
8 | necessary to initiate or continue civil commitment | ||||||
9 | proceedings under the laws
of this State or to otherwise | ||||||
10 | protect the recipient or other person against a
clear, | ||||||
11 | imminent risk of serious physical or mental injury or | ||||||
12 | disease or death
being inflicted upon the recipient or by | ||||||
13 | the recipient on himself or another;
| ||||||
14 | (iii) when, and to the extent disclosure is, in the | ||||||
15 | sole discretion of the
therapist, necessary to the | ||||||
16 | provision of emergency medical care to a recipient
who is | ||||||
17 | unable to assert or waive his or her rights hereunder;
| ||||||
18 | (iv) when
disclosure is necessary to collect sums or | ||||||
19 | receive third
party payment representing charges for | ||||||
20 | mental health or developmental
disabilities services | ||||||
21 | provided by a therapist or agency to a recipient
under | ||||||
22 | Chapter V of the Mental Health and Developmental | ||||||
23 | Disabilities Code or to
transfer debts under the | ||||||
24 | Uncollected State Claims Act; however, disclosure
shall be | ||||||
25 | limited to information needed to pursue collection, and the
| ||||||
26 | information so disclosed shall not be used for any other |
| |||||||
| |||||||
1 | purposes nor shall it
be redisclosed except in connection | ||||||
2 | with collection activities;
| ||||||
3 | (v) when
requested by a family member, the Department | ||||||
4 | of Human Services may assist in
the location of the | ||||||
5 | interment site of a deceased recipient who is interred in a
| ||||||
6 | cemetery established under Section 100-26 of the Mental | ||||||
7 | Health and
Developmental Disabilities Administrative Act;
| ||||||
8 | (vi) in judicial proceedings
under Article VIII of | ||||||
9 | Chapter III and Article V of Chapter IV of the Mental
| ||||||
10 | Health and Developmental Disabilities Code and proceedings | ||||||
11 | and investigations
preliminary thereto, to the State's | ||||||
12 | Attorney for the county or residence of a
person who is the | ||||||
13 | subject of such proceedings, or in which the person is | ||||||
14 | found,
or in which the facility is located, to the attorney | ||||||
15 | representing the recipient
in the judicial proceedings, to | ||||||
16 | any person or agency providing mental health
services that | ||||||
17 | are the subject of the proceedings and to that person's or
| ||||||
18 | agency's attorney, to any court personnel, including but | ||||||
19 | not limited to judges
and circuit court clerks, and to a | ||||||
20 | guardian ad litem if one has been appointed
by the court, | ||||||
21 | provided that the information so disclosed shall not be | ||||||
22 | utilized
for any other purpose nor be redisclosed except in | ||||||
23 | connection with the
proceedings or investigations;
| ||||||
24 | (vii) when, and to the extent disclosure is
necessary | ||||||
25 | to comply with the requirements of the Census Bureau in | ||||||
26 | taking the
federal Decennial Census;
|
| |||||||
| |||||||
1 | (viii) when, and to the extent, in the
therapist's sole | ||||||
2 | discretion, disclosure is necessary to warn or protect a
| ||||||
3 | specific individual against whom a recipient has made a | ||||||
4 | specific threat of
violence where there exists a | ||||||
5 | therapist-recipient relationship or a special
| ||||||
6 | recipient-individual relationship;
| ||||||
7 | (ix) in accordance with the Sex Offender
Registration | ||||||
8 | Act;
| ||||||
9 | (x) in accordance with the Rights of Crime Victims and
| ||||||
10 | Witnesses Act; | ||||||
11 | (xi) in accordance with Section 6 of the Abused and | ||||||
12 | Neglected Long Term Care Facility Residents Reporting Act; | ||||||
13 | and | ||||||
14 | (xii) in accordance with Section 55 of the Abuse of | ||||||
15 | Adults with Disabilities Intervention Act.
| ||||||
16 | Any person, institution, or agency, under
this Act, | ||||||
17 | participating in good faith in the making of a report under the
| ||||||
18 | Abused and Neglected Child Reporting Act or in the disclosure | ||||||
19 | of records and
communications under this Section, shall have | ||||||
20 | immunity from any liability,
civil, criminal or otherwise, that | ||||||
21 | might result by reason of such action. For
the purpose of any | ||||||
22 | proceeding, civil or criminal, arising out of a report or
| ||||||
23 | disclosure under this Section, the good faith of any person, | ||||||
24 | institution, or
agency so reporting or disclosing shall be | ||||||
25 | presumed.
| ||||||
26 | (Source: P.A. 94-852, eff. 6-13-06; 94-1010, eff. 10-1-06; |
| |||||||
| |||||||
1 | revised 8-3-06.)
| ||||||
2 | Section 1105. The Predator Accountability Act is amended by | ||||||
3 | changing Section 20 as follows: | ||||||
4 | (740 ILCS 128/20)
| ||||||
5 | Sec. 20. Relief. (a) A prevailing victim of the sex trade | ||||||
6 | shall be entitled to all relief that would make him or her | ||||||
7 | whole. This includes, but is not limited to: | ||||||
8 | (1) declaratory relief;
| ||||||
9 | (2) injunctive relief;
| ||||||
10 | (3) recovery of costs and attorney fees including, but | ||||||
11 | not limited to, costs for expert testimony and witness | ||||||
12 | fees; | ||||||
13 | (4) compensatory damages including, but not limited | ||||||
14 | to: | ||||||
15 | (A) economic loss, including damage, destruction, | ||||||
16 | or loss of use of personal property, and loss of past | ||||||
17 | or future earning capacity; and | ||||||
18 | (B) damages for death, personal injury, disease, | ||||||
19 | and mental and emotional harm, including medical, | ||||||
20 | rehabilitation, burial expenses, pain and suffering, | ||||||
21 | and physical impairment; | ||||||
22 | (5) punitive damages; and | ||||||
23 | (6) damages in the amount of the gross revenues | ||||||
24 | received by the defendant from, or related to, the sex |
| |||||||
| |||||||
1 | trade activities of the plaintiff.
| ||||||
2 | (Source: P.A. 94-998, eff. 7-3-06; revised 8-3-06.) | ||||||
3 | Section 1110. The State Lawsuit Immunity Act is amended by | ||||||
4 | changing Section 1 as follows: | ||||||
5 | (745 ILCS 5/1) (from Ch. 127, par. 801)
| ||||||
6 | Sec. 1. Except as provided in the Illinois Public Labor | ||||||
7 | Relations
Act, the Court of Claims Act, and the State Officials | ||||||
8 | and
Employees Ethics Act, and
or Section 1.5 of this Act, the | ||||||
9 | State of Illinois shall not be made a
defendant or party in any | ||||||
10 | court.
| ||||||
11 | (Source: P.A. 93-414, eff. 1-1-04; 93-615, eff. 11-19-03; | ||||||
12 | revised 12-19-03.)
| ||||||
13 | Section 1115. The Federal Law Enforcement Officer Immunity | ||||||
14 | Act is amended by changing Section 5 as follows:
| ||||||
15 | (745 ILCS 22/5)
| ||||||
16 | Sec. 5. Definition. As used in this Act, "federal law | ||||||
17 | enforcement
officer" means any officer, agent or employee of | ||||||
18 | the federal government
commissioned by federal statute to make | ||||||
19 | arrests for violations of federal
criminal laws, including but | ||||||
20 | not limited to, all criminal investigators of:
| ||||||
21 | (a) The United States Department of Justice, The Federal | ||||||
22 | Bureau of
Investigation, The Drug Enforcement Agency and The |
| |||||||
| |||||||
1 | Department of Immigration
and Naturalization;
| ||||||
2 | (b) The United States Department of the Treasury, The | ||||||
3 | Secret Service, The
Bureau of Alcohol, Tobacco and Firearms and | ||||||
4 | The Customs Service;
| ||||||
5 | (c) The United States Internal Revenue Service;
| ||||||
6 | (d) The United States General Services Administration;
| ||||||
7 | (e) The United States Postal Service; and
| ||||||
8 | (f) All United States Marshals
Marshalls or Deputy United | ||||||
9 | States Marshals
Marshalls whose
duties involve the enforcement | ||||||
10 | of federal criminal laws.
| ||||||
11 | (Source: P.A. 88-677, eff. 12-15-94; revised 10-13-05.)
| ||||||
12 | Section 1120. The Good Samaritan Act is amended by changing | ||||||
13 | Section 20 as follows:
| ||||||
14 | (745 ILCS 49/20)
| ||||||
15 | Sec. 20. Free dental clinic; exemption from civil
liability | ||||||
16 | for services
performed without compensation. Any person | ||||||
17 | licensed under the Illinois Dental
Practice Act to practice
| ||||||
18 | dentistry or to practice
as a dental hygienist who, in good | ||||||
19 | faith, provides dental treatment, dental
services, diagnoses, | ||||||
20 | or advice as part of the services of an established free
dental | ||||||
21 | clinic providing care to medically indigent
patients which is | ||||||
22 | limited to
care which does not require the services of a | ||||||
23 | licensed hospital or ambulatory
surgical treatment center, and | ||||||
24 | who receives no fee or compensation from that
source shall not, |
| |||||||
| |||||||
1 | as a result of any acts or omissions, except for willful or
| ||||||
2 | wanton misconduct on the part of the licensee, in providing | ||||||
3 | dental treatment,
dental services, diagnoses or advice, be | ||||||
4 | liable for civil damages. For purposes
of this Section, a "free | ||||||
5 | dental clinic" is an organized
program
providing, without | ||||||
6 | charge, dental care to
individuals unable to pay for their
| ||||||
7 | care. For purposes of this Section, an "organized program" is a | ||||||
8 | program sponsored by a community, public health, charitable, | ||||||
9 | voluntary, or organized dental organization. Free dental | ||||||
10 | services provided under this Section may be provided at a | ||||||
11 | clinic or private dental office. A free dental clinic may | ||||||
12 | receive reimbursement from the Illinois
Department
of | ||||||
13 | Healthcare and Family Services
Public Aid or may receive | ||||||
14 | partial reimbursement from a patient based upon
ability to pay, | ||||||
15 | provided any such reimbursements shall be used only to pay
| ||||||
16 | overhead expenses of operating the free dental clinic and may | ||||||
17 | not be used, in
whole or in part, to provide a fee, | ||||||
18 | reimbursement, or other compensation to any person licensed
| ||||||
19 | under the Illinois Dental Practice Act who is receiving an | ||||||
20 | exemption under this
Section or to any entity that the person | ||||||
21 | owns or controls or in which the person has an ownership | ||||||
22 | interest or from which the person receives a fee, | ||||||
23 | reimbursement, or compensation of any kind. Dental care shall | ||||||
24 | not include the use of general anesthesia or require an
| ||||||
25 | overnight stay in a health care facility.
| ||||||
26 | The provisions of this Section shall not apply in any case |
| |||||||
| |||||||
1 | unless the
free dental clinic has posted in a conspicuous place | ||||||
2 | on
its premises an
explanation of the immunity from civil | ||||||
3 | liability provided in this Section.
| ||||||
4 | (Source: P.A. 94-83, eff. 1-1-06; revised 12-15-05.)
| ||||||
5 | Section 1125. The Illinois Marriage and Dissolution of | ||||||
6 | Marriage Act is amended by changing Sections 505, 505.1, 505.2, | ||||||
7 | 505.3, 506, 507, 507.1, 510, 516, 517, 601.5, 602, 704, 705, | ||||||
8 | 709, and 712 as follows:
| ||||||
9 | (750 ILCS 5/505) (from Ch. 40, par. 505)
| ||||||
10 | Sec. 505. Child support; contempt; penalties.
| ||||||
11 | (a) In a proceeding for dissolution of marriage, legal | ||||||
12 | separation,
declaration of invalidity of marriage, a | ||||||
13 | proceeding for child support
following dissolution of the | ||||||
14 | marriage by a court which lacked personal
jurisdiction over the | ||||||
15 | absent spouse, a proceeding for modification of a
previous | ||||||
16 | order for child support under Section 510 of this Act, or any
| ||||||
17 | proceeding authorized under Section 501 or 601 of this Act, the | ||||||
18 | court may
order either or both parents owing a duty of support | ||||||
19 | to a child of the
marriage to pay an amount reasonable and | ||||||
20 | necessary for his support, without
regard to marital | ||||||
21 | misconduct. The duty of support owed to a child
includes the | ||||||
22 | obligation to provide for the reasonable and necessary
| ||||||
23 | physical, mental and emotional health needs of the child.
For | ||||||
24 | purposes of this Section, the term "child" shall include any |
| ||||||||||||||||||||||||||||||||||
| ||||||||||||||||||||||||||||||||||
1 | child under
age 18 and
any child under age 19 who is still | |||||||||||||||||||||||||||||||||
2 | attending high school.
| |||||||||||||||||||||||||||||||||
3 | (1) The Court shall determine the minimum amount of | |||||||||||||||||||||||||||||||||
4 | support by using the
following guidelines:
| |||||||||||||||||||||||||||||||||
| ||||||||||||||||||||||||||||||||||
13 | (2) The above guidelines shall be applied in each case | |||||||||||||||||||||||||||||||||
14 | unless the court
makes a finding that application of the | |||||||||||||||||||||||||||||||||
15 | guidelines would be
inappropriate, after considering the | |||||||||||||||||||||||||||||||||
16 | best interests of the child in light of
evidence including | |||||||||||||||||||||||||||||||||
17 | but not limited to one or more of the following relevant
| |||||||||||||||||||||||||||||||||
18 | factors:
| |||||||||||||||||||||||||||||||||
19 | (a) the financial resources and needs of the child;
| |||||||||||||||||||||||||||||||||
20 | (b) the financial resources and needs of the | |||||||||||||||||||||||||||||||||
21 | custodial parent;
| |||||||||||||||||||||||||||||||||
22 | (c) the standard of living the child would have | |||||||||||||||||||||||||||||||||
23 | enjoyed had the
marriage not been dissolved;
| |||||||||||||||||||||||||||||||||
24 | (d) the physical and emotional condition of the | |||||||||||||||||||||||||||||||||
25 | child, and his
educational needs; and
| |||||||||||||||||||||||||||||||||
26 | (e) the financial resources and needs of the |
| |||||||
| |||||||
1 | non-custodial parent.
| ||||||
2 | If the court deviates from the guidelines, the court's | ||||||
3 | finding
shall state the amount of support that would have | ||||||
4 | been required under the
guidelines, if determinable. The | ||||||
5 | court shall include the reason or reasons for
the variance | ||||||
6 | from the
guidelines.
| ||||||
7 | (3) "Net income" is defined as the total of all income | ||||||
8 | from all
sources, minus the following deductions:
| ||||||
9 | (a) Federal income tax (properly calculated | ||||||
10 | withholding or estimated
payments);
| ||||||
11 | (b) State income tax (properly calculated | ||||||
12 | withholding or estimated
payments);
| ||||||
13 | (c) Social Security (FICA payments);
| ||||||
14 | (d) Mandatory retirement contributions required by | ||||||
15 | law or as a
condition of employment;
| ||||||
16 | (e) Union dues;
| ||||||
17 | (f) Dependent and individual | ||||||
18 | health/hospitalization insurance premiums;
| ||||||
19 | (g) Prior obligations of support or maintenance | ||||||
20 | actually paid pursuant
to a court order;
| ||||||
21 | (h) Expenditures for repayment of debts that | ||||||
22 | represent reasonable and
necessary expenses for the | ||||||
23 | production of income, medical expenditures
necessary | ||||||
24 | to preserve life or health, reasonable expenditures | ||||||
25 | for the
benefit of the child and the other parent, | ||||||
26 | exclusive of gifts. The court
shall reduce net income |
| |||||||
| |||||||
1 | in determining the minimum amount of support to be
| ||||||
2 | ordered only for the period that such payments are due | ||||||
3 | and shall enter an
order containing provisions for its | ||||||
4 | self-executing modification upon
termination of such | ||||||
5 | payment period.
| ||||||
6 | (4) In cases where the court order provides for
| ||||||
7 | health/hospitalization insurance coverage pursuant to | ||||||
8 | Section 505.2 of
this Act, the premiums for that insurance, | ||||||
9 | or that portion of the premiums
for which the supporting | ||||||
10 | party is responsible in the case of insurance
provided | ||||||
11 | through an employer's health insurance plan where
the | ||||||
12 | employer pays a portion of the premiums, shall be | ||||||
13 | subtracted
from net income in determining the minimum | ||||||
14 | amount of support to be ordered.
| ||||||
15 | (4.5) In a proceeding for child support following | ||||||
16 | dissolution of the
marriage by a court that lacked personal | ||||||
17 | jurisdiction over the absent spouse,
and in which the court | ||||||
18 | is requiring payment of support for the period before
the | ||||||
19 | date an order for current support is entered, there is a | ||||||
20 | rebuttable
presumption
that the supporting party's net | ||||||
21 | income for the prior period was the same as his
or her net | ||||||
22 | income at the time the order for current support is | ||||||
23 | entered.
| ||||||
24 | (5) If the net income cannot be determined because of | ||||||
25 | default or any
other reason, the court shall order support | ||||||
26 | in an amount considered
reasonable in the particular case. |
| |||||||
| |||||||
1 | The final order in all cases shall
state the support level | ||||||
2 | in dollar amounts.
However, if the
court finds that the | ||||||
3 | child support amount cannot be expressed exclusively as a
| ||||||
4 | dollar amount because all or a portion of the payor's net | ||||||
5 | income is uncertain
as to source, time of payment, or | ||||||
6 | amount, the court may order a percentage
amount of support | ||||||
7 | in addition to a specific dollar amount and enter
such | ||||||
8 | other orders as may be necessary to determine and enforce, | ||||||
9 | on a timely
basis, the applicable support ordered.
| ||||||
10 | (6) If (i) the non-custodial parent was properly served | ||||||
11 | with a request
for
discovery of financial information | ||||||
12 | relating to the non-custodial parent's
ability to
provide | ||||||
13 | child support, (ii) the non-custodial parent failed to | ||||||
14 | comply with the
request,
despite having been ordered to do | ||||||
15 | so by the court, and (iii) the non-custodial
parent is not | ||||||
16 | present at the hearing to determine support despite having
| ||||||
17 | received
proper notice, then any relevant financial | ||||||
18 | information concerning the
non-custodial parent's ability | ||||||
19 | to provide child support that was obtained
pursuant to
| ||||||
20 | subpoena and proper notice shall be admitted into evidence | ||||||
21 | without the need to
establish any further foundation for | ||||||
22 | its admission.
| ||||||
23 | (a-5) In an action to enforce an order for support based on | ||||||
24 | the
respondent's failure
to make support payments as required | ||||||
25 | by the order, notice of proceedings to
hold the respondent in | ||||||
26 | contempt for that failure may be served on the
respondent by |
| |||||||
| |||||||
1 | personal service or by regular mail addressed to the | ||||||
2 | respondent's
last known address. The respondent's last known | ||||||
3 | address may be determined from
records of the clerk of the | ||||||
4 | court, from the Federal Case Registry of Child
Support Orders, | ||||||
5 | or by any other reasonable means.
| ||||||
6 | (b) Failure of either parent to comply with an order to pay | ||||||
7 | support shall
be punishable as in other cases of contempt. In | ||||||
8 | addition to other
penalties provided by law the Court may, | ||||||
9 | after finding the parent guilty
of contempt, order that the | ||||||
10 | parent be:
| ||||||
11 | (1) placed on probation with such conditions of | ||||||
12 | probation as the Court
deems advisable;
| ||||||
13 | (2) sentenced to periodic imprisonment for a period not | ||||||
14 | to exceed 6
months; provided, however, that the Court may | ||||||
15 | permit the parent to be
released for periods of time during | ||||||
16 | the day or night to:
| ||||||
17 | (A) work; or
| ||||||
18 | (B) conduct a business or other self-employed | ||||||
19 | occupation.
| ||||||
20 | The Court may further order any part or all of the earnings | ||||||
21 | of a parent
during a sentence of periodic imprisonment paid to | ||||||
22 | the Clerk of the Circuit
Court or to the parent having custody | ||||||
23 | or to the guardian having custody
of the children of the | ||||||
24 | sentenced parent for the support of said
children until further | ||||||
25 | order of the Court.
| ||||||
26 | If there is a unity of interest and ownership sufficient to |
| |||||||
| |||||||
1 | render no
financial separation between a non-custodial parent | ||||||
2 | and another person or
persons or business entity, the court may | ||||||
3 | pierce the ownership veil of the
person, persons, or business | ||||||
4 | entity to discover assets of the non-custodial
parent held in | ||||||
5 | the name of that person, those persons, or that business | ||||||
6 | entity.
The following circumstances are sufficient to | ||||||
7 | authorize a court to order
discovery of the assets of a person, | ||||||
8 | persons, or business entity and to compel
the application of | ||||||
9 | any discovered assets toward payment on the judgment for
| ||||||
10 | support:
| ||||||
11 | (1) the non-custodial parent and the person, persons, | ||||||
12 | or business entity
maintain records together.
| ||||||
13 | (2) the non-custodial parent and the person, persons, | ||||||
14 | or business entity
fail to maintain an arms length | ||||||
15 | relationship between themselves with regard to
any assets.
| ||||||
16 | (3) the non-custodial parent transfers assets to the | ||||||
17 | person, persons,
or business entity with the intent to | ||||||
18 | perpetrate a fraud on the custodial
parent.
| ||||||
19 | With respect to assets which
are real property, no order | ||||||
20 | entered under this paragraph shall affect the
rights of bona | ||||||
21 | fide purchasers, mortgagees, judgment creditors, or other lien
| ||||||
22 | holders who acquire their interests in the property prior to | ||||||
23 | the time a notice
of lis pendens pursuant to the Code of Civil | ||||||
24 | Procedure or a copy of the order
is placed of record in the | ||||||
25 | office of the recorder of deeds for the county in
which the | ||||||
26 | real property is located.
|
| |||||||
| |||||||
1 | The court may also order in cases where the parent is 90 | ||||||
2 | days or more
delinquent in payment of support or has been | ||||||
3 | adjudicated in arrears in an
amount equal to 90 days obligation | ||||||
4 | or more, that the parent's Illinois driving
privileges be | ||||||
5 | suspended until the court
determines that the parent is in | ||||||
6 | compliance with the order of support.
The court may also order | ||||||
7 | that the parent be issued a family financial
responsibility | ||||||
8 | driving permit that would allow limited driving privileges for
| ||||||
9 | employment and medical purposes in accordance with Section | ||||||
10 | 7-702.1 of the
Illinois Vehicle Code. The clerk of the circuit | ||||||
11 | court shall certify the order
suspending the driving privileges | ||||||
12 | of the parent or granting the issuance of a
family financial | ||||||
13 | responsibility driving permit to the Secretary of State on
| ||||||
14 | forms prescribed by the Secretary. Upon receipt of the | ||||||
15 | authenticated
documents, the Secretary of State shall suspend | ||||||
16 | the parent's driving privileges
until further order of the | ||||||
17 | court and shall, if ordered by the court, subject to
the | ||||||
18 | provisions of Section 7-702.1 of the Illinois Vehicle Code, | ||||||
19 | issue a family
financial responsibility driving permit to the | ||||||
20 | parent.
| ||||||
21 | In addition to the penalties or punishment that may be | ||||||
22 | imposed under this
Section, any person whose conduct | ||||||
23 | constitutes a violation of Section 15 of the
Non-Support | ||||||
24 | Punishment Act may be prosecuted under that Act, and a person
| ||||||
25 | convicted under that Act may be sentenced in accordance with | ||||||
26 | that Act. The
sentence may include but need not be limited to a |
| |||||||
| |||||||
1 | requirement that the person
perform community service under | ||||||
2 | Section 50 of that Act or participate in a work
alternative | ||||||
3 | program under Section 50 of that Act. A person may not be | ||||||
4 | required
to participate in a work alternative program under | ||||||
5 | Section 50 of that Act if
the person is currently participating | ||||||
6 | in a work program pursuant to Section
505.1 of this Act.
| ||||||
7 | A support obligation, or any portion of a support | ||||||
8 | obligation, which becomes
due and remains unpaid as of the end | ||||||
9 | of each month, excluding the child support that was due for | ||||||
10 | that month to the extent that it was not paid in that month, | ||||||
11 | shall accrue simple interest as set forth in Section 12-109 of | ||||||
12 | the Code of Civil Procedure.
An order for support entered or | ||||||
13 | modified on or after January 1, 2006 shall
contain a statement | ||||||
14 | that a support obligation required under the order, or any
| ||||||
15 | portion of a support obligation required under the order, that | ||||||
16 | becomes due and
remains unpaid as of the end of each month, | ||||||
17 | excluding the child support that was due for that month to the | ||||||
18 | extent that it was not paid in that month, shall accrue simple | ||||||
19 | interest as set forth in Section 12-109 of the Code of Civil | ||||||
20 | Procedure. Failure to include the statement in the order for | ||||||
21 | support does
not affect the validity of the order or the | ||||||
22 | accrual of interest as provided in
this Section.
| ||||||
23 | (c) A one-time charge of 20% is imposable upon the amount | ||||||
24 | of
past-due child support owed on July 1, 1988 which has | ||||||
25 | accrued under a
support order entered by the court. The charge | ||||||
26 | shall be imposed in
accordance with the provisions of Section |
| |||||||
| |||||||
1 | 10-21 of the Illinois Public Aid
Code and shall be enforced by | ||||||
2 | the court upon petition.
| ||||||
3 | (d) Any new or existing support order entered by the court
| ||||||
4 | under this Section shall be deemed to be a series of judgments | ||||||
5 | against the
person obligated to pay support thereunder, each | ||||||
6 | such judgment to be in the
amount of each payment or | ||||||
7 | installment of support and each such judgment to
be deemed | ||||||
8 | entered as of the date the corresponding payment or installment
| ||||||
9 | becomes due under the terms of the support order. Each such | ||||||
10 | judgment shall
have the full force, effect and attributes of | ||||||
11 | any other judgment of this
State, including the ability to be | ||||||
12 | enforced.
A lien arises by operation of law against the real | ||||||
13 | and personal property of
the noncustodial parent for each | ||||||
14 | installment of overdue support owed by the
noncustodial parent.
| ||||||
15 | (e) When child support is to be paid through the clerk of | ||||||
16 | the court in a
county of 1,000,000 inhabitants or less, the | ||||||
17 | order shall direct the obligor
to pay to the clerk, in addition | ||||||
18 | to the child support payments, all fees
imposed by the county | ||||||
19 | board under paragraph (3) of subsection (u) of
Section 27.1 of | ||||||
20 | the Clerks of Courts Act. Unless paid in cash or pursuant to
an | ||||||
21 | order for withholding, the payment of the fee shall be by a | ||||||
22 | separate
instrument from the support payment and shall be made | ||||||
23 | to the order of the
Clerk.
| ||||||
24 | (f) All orders for support, when entered or
modified, shall | ||||||
25 | include a provision requiring the obligor to notify
the court | ||||||
26 | and, in cases in which a party is receiving child and spouse
|
| |||||||
| |||||||
1 | services under Article X of the Illinois Public Aid Code, the
| ||||||
2 | Illinois Department of Healthcare and Family Services
Public | ||||||
3 | Aid , within 7 days, (i) of the name and address
of any new | ||||||
4 | employer of the obligor, (ii) whether the obligor has access to
| ||||||
5 | health insurance coverage through the employer or other group | ||||||
6 | coverage and,
if so, the policy name and number and the names | ||||||
7 | of persons covered under
the policy, and (iii) of any new | ||||||
8 | residential or mailing address or telephone
number of the | ||||||
9 | non-custodial parent. In any subsequent action to enforce a
| ||||||
10 | support order, upon a sufficient showing that a diligent effort | ||||||
11 | has been made
to ascertain the location of the non-custodial | ||||||
12 | parent, service of process or
provision of notice necessary in | ||||||
13 | the case may be made at the last known
address of the | ||||||
14 | non-custodial parent in any manner expressly provided by the
| ||||||
15 | Code of Civil Procedure or this Act, which service shall be | ||||||
16 | sufficient for
purposes of due process.
| ||||||
17 | (g) An order for support shall include a date on which the | ||||||
18 | current
support obligation terminates. The termination date | ||||||
19 | shall be no earlier than
the date on which the child covered by | ||||||
20 | the order will attain the age of
18. However, if the child will | ||||||
21 | not graduate from high school until after
attaining the age of | ||||||
22 | 18, then the termination date shall be no earlier than the
| ||||||
23 | earlier of the date on which the child's high school graduation | ||||||
24 | will occur or
the date on which the child will attain the age | ||||||
25 | of 19. The order for support
shall state that the termination | ||||||
26 | date does not apply to any arrearage that may
remain unpaid on |
| |||||||
| |||||||
1 | that date. Nothing in this subsection shall be construed to
| ||||||
2 | prevent the court from modifying the order or terminating the | ||||||
3 | order in the
event the child is otherwise emancipated.
| ||||||
4 | (g-5) If there is an unpaid arrearage or delinquency (as | ||||||
5 | those terms are defined in the Income Withholding for Support | ||||||
6 | Act) equal to at least one month's support obligation on the | ||||||
7 | termination date stated in the order for support or, if there | ||||||
8 | is no termination date stated in the order, on the date the | ||||||
9 | child attains the age of majority or is otherwise emancipated, | ||||||
10 | the periodic amount required to be paid for current support of | ||||||
11 | that child immediately prior to that date shall automatically | ||||||
12 | continue to be an obligation, not as current support but as | ||||||
13 | periodic payment toward satisfaction of the unpaid arrearage or | ||||||
14 | delinquency. That periodic payment shall be in addition to any | ||||||
15 | periodic payment previously required for satisfaction of the | ||||||
16 | arrearage or delinquency. The total periodic amount to be paid | ||||||
17 | toward satisfaction of the arrearage or delinquency may be | ||||||
18 | enforced and collected by any method provided by law for | ||||||
19 | enforcement and collection of child support, including but not | ||||||
20 | limited to income withholding under the Income Withholding for | ||||||
21 | Support Act. Each order for support entered or modified on or | ||||||
22 | after the effective date of this amendatory Act of the 93rd | ||||||
23 | General Assembly must contain a statement notifying the parties | ||||||
24 | of the requirements of this subsection. Failure to include the | ||||||
25 | statement in the order for support does not affect the validity | ||||||
26 | of the order or the operation of the provisions of this |
| |||||||
| |||||||
1 | subsection with regard to the order. This subsection shall not | ||||||
2 | be construed to prevent or affect the establishment or | ||||||
3 | modification of an order for support of a minor child or the | ||||||
4 | establishment or modification of an order for support of a | ||||||
5 | non-minor child or educational expenses under Section 513 of | ||||||
6 | this Act.
| ||||||
7 | (h) An order entered under this Section shall include a | ||||||
8 | provision requiring
the obligor to report to the obligee and to | ||||||
9 | the clerk of court within 10 days
each time the obligor obtains | ||||||
10 | new employment, and each time the obligor's
employment is | ||||||
11 | terminated for any reason. The report shall be in writing and
| ||||||
12 | shall, in the case of new employment, include the name and | ||||||
13 | address of the new
employer. Failure to report new employment | ||||||
14 | or the termination of current
employment, if coupled with | ||||||
15 | nonpayment of support for a period in excess of 60
days, is | ||||||
16 | indirect criminal contempt. For any obligor arrested for | ||||||
17 | failure to
report new employment bond shall be set in the | ||||||
18 | amount of the child support that
should have been paid during | ||||||
19 | the period of unreported employment. An order
entered under | ||||||
20 | this Section shall also include a provision requiring the | ||||||
21 | obligor
and obligee parents to advise each other of a change in | ||||||
22 | residence within 5 days
of the change except when the court | ||||||
23 | finds that the physical, mental, or
emotional health of a party | ||||||
24 | or that of a child, or both, would be
seriously endangered by | ||||||
25 | disclosure of the party's address.
| ||||||
26 | (i) The court does not lose the powers of contempt, |
| |||||||
| |||||||
1 | driver's license
suspension, or other child support | ||||||
2 | enforcement mechanisms, including, but
not limited to, | ||||||
3 | criminal prosecution as set forth in this Act, upon the
| ||||||
4 | emancipation of the minor child or children.
| ||||||
5 | (Source: P.A. 93-148, eff. 7-10-03; 93-1061, eff. 1-1-05; | ||||||
6 | 94-90, eff. 1-1-06; revised 12-15-05.)
| ||||||
7 | (750 ILCS 5/505.1) (from Ch. 40, par. 505.1)
| ||||||
8 | Sec. 505.1. (a) Whenever it is determined in a proceeding | ||||||
9 | to establish
or
enforce a child support or maintenance | ||||||
10 | obligation that the person owing a
duty of support is | ||||||
11 | unemployed, the court may order the person to seek
employment | ||||||
12 | and report periodically to the court with a diary, listing or
| ||||||
13 | other memorandum of his or her efforts in accordance with such | ||||||
14 | order.
Additionally, the court may order the unemployed person | ||||||
15 | to report to the
Department of Employment Security for job | ||||||
16 | search services or to make
application with the local Job | ||||||
17 | Training Partnership Act provider
for
participation in job | ||||||
18 | search, training or work programs and where the duty
of support | ||||||
19 | is owed to a child receiving child support enforcement
services | ||||||
20 | under Article X of
the Illinois Public Aid Code, as amended, | ||||||
21 | the court may order the
unemployed person to report to the | ||||||
22 | Illinois Department of Healthcare and Family Services
Public | ||||||
23 | Aid for
participation in job search, training or work programs | ||||||
24 | established under
Section 9-6 and Article IXA of that Code.
| ||||||
25 | (b) Whenever it is determined that a person owes past-due |
| |||||||
| |||||||
1 | support for
a child or for a child and the parent with whom the | ||||||
2 | child is living, and the
child is receiving assistance under | ||||||
3 | the Illinois Public Aid Code,
the court shall order at the | ||||||
4 | request of the Illinois
Department of Healthcare and Family | ||||||
5 | Services
Public Aid :
| ||||||
6 | (1) that the person pay the past-due support in | ||||||
7 | accordance with a plan
approved by the court; or
| ||||||
8 | (2) if the person owing past-due support is unemployed, | ||||||
9 | is subject to such
a plan, and is
not incapacitated, that | ||||||
10 | the person participate in such job search, training, or
| ||||||
11 | work programs established under Section 9-6 and Article IXA | ||||||
12 | of the Illinois
Public Aid Code as the court deems | ||||||
13 | appropriate.
| ||||||
14 | (Source: P.A. 91-357, eff. 7-29-99; 92-590, eff. 7-1-02; | ||||||
15 | revised 12-15-05.)
| ||||||
16 | (750 ILCS 5/505.2) (from Ch. 40, par. 505.2)
| ||||||
17 | Sec. 505.2. Health insurance.
| ||||||
18 | (a) Definitions. As used in this Section:
| ||||||
19 | (1) "Obligee" means the individual to whom the duty of | ||||||
20 | support is owed or
the individual's legal representative.
| ||||||
21 | (2) "Obligor" means the individual who owes a duty of | ||||||
22 | support pursuant
to an order for support.
| ||||||
23 | (3) "Public office" means any elected official or any | ||||||
24 | State or local
agency which is or may become responsible by | ||||||
25 | law for enforcement of, or
which is or may become |
| |||||||
| |||||||
1 | authorized to enforce, an order for support,
including, but | ||||||
2 | not limited to: the Attorney General, the Illinois
| ||||||
3 | Department of Healthcare and Family Services
Public Aid , | ||||||
4 | the Illinois Department of Human Services, the
Illinois | ||||||
5 | Department of Children and Family Services, and the various | ||||||
6 | State's
Attorneys, Clerks of the Circuit Court and | ||||||
7 | supervisors of general assistance.
| ||||||
8 | (4) "Child" shall have the meaning ascribed to it in | ||||||
9 | Section 505.
| ||||||
10 | (b) Order.
| ||||||
11 | (1) Whenever the court establishes, modifies or | ||||||
12 | enforces an
order for child support or for child support | ||||||
13 | and maintenance the court
shall include in the order a | ||||||
14 | provision for the health care coverage of the
child which | ||||||
15 | shall, upon request of the obligee or Public Office, | ||||||
16 | require that
any child
covered by the order be named as a | ||||||
17 | beneficiary of any health insurance plan
that is available | ||||||
18 | to the obligor through an employer or labor union or
trade | ||||||
19 | union. If the court finds that such a plan is not available | ||||||
20 | to the
obligor, or that the plan is not accessible to the | ||||||
21 | obligee, the court may, upon
request of the obligee or | ||||||
22 | Public Office, order the obligor to name the child
covered | ||||||
23 | by the order as a beneficiary of any health insurance plan | ||||||
24 | that is
available to the obligor on a group basis, or as a | ||||||
25 | beneficiary of an
independent health insurance plan to be | ||||||
26 | obtained by the obligor, after
considering the following |
| |||||||
| |||||||
1 | factors:
| ||||||
2 | (A) the medical needs of the child;
| ||||||
3 | (B) the availability of a plan to meet those needs; | ||||||
4 | and
| ||||||
5 | (C) the cost of such a plan to the obligor.
| ||||||
6 | (2) If the employer or labor union or trade union | ||||||
7 | offers more than
one plan, the order shall require the | ||||||
8 | obligor to name the child as a
beneficiary of the plan in | ||||||
9 | which the obligor is enrolled.
| ||||||
10 | (3) Nothing in this Section shall be construed to limit | ||||||
11 | the authority of
the court to establish or modify a support | ||||||
12 | order to provide for payment of
expenses, including | ||||||
13 | deductibles, copayments and any other health expenses,
| ||||||
14 | which are in addition to expenses covered by an insurance | ||||||
15 | plan of which a
child is ordered to be named a beneficiary | ||||||
16 | pursuant to this Section.
| ||||||
17 | (c) Implementation and enforcement.
| ||||||
18 | (1) When the court order requires that
a minor child be | ||||||
19 | named as a beneficiary of a health insurance plan, other | ||||||
20 | than
a health insurance plan available through an employer | ||||||
21 | or labor union or trade
union, the obligor shall provide | ||||||
22 | written proof to the obligee or Public Office
that the | ||||||
23 | required insurance has been obtained, or that application | ||||||
24 | for
insurability has been made, within 30 days of receiving | ||||||
25 | notice of the court
order. Unless the obligor was present | ||||||
26 | in court when the order was issued,
notice of the order |
| |||||||
| |||||||
1 | shall be given pursuant to Illinois Supreme Court Rules.
If | ||||||
2 | an obligor fails to provide the required proof, he may be | ||||||
3 | held in contempt
of court.
| ||||||
4 | (2) When the court requires that a child be named as a
| ||||||
5 | beneficiary of a health insurance plan available through an | ||||||
6 | employer or
labor union or trade union, the court's order | ||||||
7 | shall be implemented in
accordance with the Income | ||||||
8 | Withholding for Support Act.
| ||||||
9 | (2.5) The court shall order the obligor to reimburse | ||||||
10 | the obligee for 50% of the premium for placing the child on | ||||||
11 | his or her health insurance policy if: | ||||||
12 | (i) a health insurance plan
is not available to the | ||||||
13 | obligor through an employer or labor union or
trade | ||||||
14 | union and the court does not order the obligor to cover | ||||||
15 | the child as a beneficiary of any health insurance plan | ||||||
16 | that is
available to the obligor on a group basis or as | ||||||
17 | a beneficiary of an
independent health insurance plan | ||||||
18 | to be obtained by the obligor; or | ||||||
19 | (ii) the obligor does not obtain medical insurance | ||||||
20 | for the child within 90 days of the date of the court | ||||||
21 | order requiring the obligor to obtain insurance for the | ||||||
22 | child. | ||||||
23 | The provisions of subparagraph (i) of paragraph 2.5 of | ||||||
24 | subsection (c) shall be applied, unless the court makes a | ||||||
25 | finding that to apply those provisions would be | ||||||
26 | inappropriate after considering all of the factors listed |
| |||||||
| |||||||
1 | in paragraph 2 of subsection (a) of Section 505.
| ||||||
2 | The court may order the obligor to reimburse the | ||||||
3 | obligee for 100% of the premium for placing the child on | ||||||
4 | his or her health insurance policy.
| ||||||
5 | (d) Failure to maintain insurance. The dollar amount of the | ||||||
6 | premiums
for court-ordered health insurance, or that portion of | ||||||
7 | the premiums for
which the obligor is responsible in the case | ||||||
8 | of insurance provided under a
group health insurance plan | ||||||
9 | through an employer or labor union or trade
union where the | ||||||
10 | employer or labor union or trade union pays a portion of the
| ||||||
11 | premiums, shall be considered an additional child support | ||||||
12 | obligation owed by
the obligor. Whenever the obligor fails to | ||||||
13 | provide or maintain health
insurance pursuant to an order for | ||||||
14 | support, the obligor shall be liable to the
obligee for the | ||||||
15 | dollar amount of the premiums which were not paid, and shall
| ||||||
16 | also be liable for all medical expenses incurred by the child | ||||||
17 | which
would
have been paid or reimbursed by the health | ||||||
18 | insurance which the obligor was
ordered to provide or maintain. | ||||||
19 | In addition, the obligee may petition the court
to modify the | ||||||
20 | order based solely on the obligor's failure to pay the premiums
| ||||||
21 | for court-ordered health insurance.
| ||||||
22 | (e) Authorization for payment. The signature of the obligee | ||||||
23 | is a valid
authorization to the insurer to process a claim for | ||||||
24 | payment under the
insurance plan to the provider of the health | ||||||
25 | care services or to the obligee.
| ||||||
26 | (f) Disclosure of information. The obligor's employer or |
| |||||||
| |||||||
1 | labor union
or trade union shall disclose to the obligee or | ||||||
2 | Public Office, upon request,
information concerning any | ||||||
3 | dependent coverage plans which would be made
available to a new | ||||||
4 | employee or labor union member or trade union member. The
| ||||||
5 | employer or labor union or trade union shall disclose such | ||||||
6 | information whether
or not a court order for medical support | ||||||
7 | has been entered.
| ||||||
8 | (g) Employer obligations. If a parent is required by an
| ||||||
9 | order for support to provide coverage for a child's health care
| ||||||
10 | expenses and if that coverage is available to the parent | ||||||
11 | through an employer
who does business in this State, the | ||||||
12 | employer must do all of the
following upon receipt of a copy of | ||||||
13 | the order of support or order for
withholding:
| ||||||
14 | (1) The employer shall, upon the parent's request, | ||||||
15 | permit the parent to
include in that coverage a
child who | ||||||
16 | is otherwise eligible for that coverage, without regard to | ||||||
17 | any
enrollment season restrictions that might otherwise be | ||||||
18 | applicable as
to the time period within which the child may | ||||||
19 | be added to that coverage.
| ||||||
20 | (2) If the parent has health care coverage through the | ||||||
21 | employer but fails
to apply for coverage
of the child, the | ||||||
22 | employer shall include the child in the parent's coverage
| ||||||
23 | upon application by the child's other parent or the | ||||||
24 | Illinois Department of
Healthcare and Family Services
| ||||||
25 | Public Aid .
| ||||||
26 | (3) The employer may not eliminate any child from the |
| |||||||
| |||||||
1 | parent's health care
coverage unless the employee is no | ||||||
2 | longer employed by the employer and no
longer covered under | ||||||
3 | the employer's group health plan or unless the employer is
| ||||||
4 | provided with satisfactory written evidence of
either of | ||||||
5 | the following:
| ||||||
6 | (A) The order for support is no longer in effect.
| ||||||
7 | (B) The child is or will be included in a | ||||||
8 | comparable health care plan
obtained by the parent | ||||||
9 | under such order that is currently in effect or will
| ||||||
10 | take effect no later than the date the prior coverage | ||||||
11 | is terminated.
| ||||||
12 | The employer may eliminate a child from a parent's | ||||||
13 | health care plan
obtained by the parent under such order if | ||||||
14 | the employer has eliminated
dependent health care coverage | ||||||
15 | for all of its employees.
| ||||||
16 | (Source: P.A. 94-923, eff. 1-1-07; revised 8-28-06.)
| ||||||
17 | (750 ILCS 5/505.3)
| ||||||
18 | Sec. 505.3. Information to State Case Registry.
| ||||||
19 | (a) In this Section:
| ||||||
20 | "Order for support", "obligor", "obligee", and "business | ||||||
21 | day" are defined as
set forth in the
Income Withholding for | ||||||
22 | Support Act.
| ||||||
23 | "State Case Registry" means the State Case Registry | ||||||
24 | established under Section
10-27 of the Illinois Public Aid | ||||||
25 | Code.
|
| |||||||
| |||||||
1 | (b) Each order for support entered or modified by the | ||||||
2 | circuit court under
this Act shall require that the obligor and | ||||||
3 | obligee (i) file with the clerk of
the
circuit court the | ||||||
4 | information required by this Section (and any other
information | ||||||
5 | required under Title IV, Part D of the Social Security Act or | ||||||
6 | by
the
federal Department of Health and Human Services) at the | ||||||
7 | time of
entry or modification of the order for support and (ii) | ||||||
8 | file updated
information with the clerk within 5 business days | ||||||
9 | of any change.
Failure of the obligor or obligee to file or | ||||||
10 | update the required information
shall be
punishable as in cases | ||||||
11 | of contempt. The failure shall not prevent the court
from | ||||||
12 | entering
or modifying the order for support, however.
| ||||||
13 | (c) The obligor shall file the following information: the | ||||||
14 | obligor's name,
date of birth, social security number, and | ||||||
15 | mailing address.
| ||||||
16 | If either the obligor or the obligee receives child support | ||||||
17 | enforcement
services from the Illinois Department
of | ||||||
18 | Healthcare and Family Services
Public Aid
under Article X of
| ||||||
19 | the Illinois Public Aid
Code, the obligor
shall also file the | ||||||
20 | following information: the obligor's telephone number,
| ||||||
21 | driver's license number, and residential address (if different | ||||||
22 | from the
obligor's mailing address), and the name, address, and | ||||||
23 | telephone number of the
obligor's employer or employers.
| ||||||
24 | (d) The obligee shall file the following information:
| ||||||
25 | (1) The names of the obligee and the child or children | ||||||
26 | covered by the
order for support.
|
| |||||||
| |||||||
1 | (2) The dates of birth of the obligee and the child or | ||||||
2 | children covered by
the order for support.
| ||||||
3 | (3) The social security numbers of the obligee and the | ||||||
4 | child or children
covered by the order for support.
| ||||||
5 | (4) The obligee's mailing address.
| ||||||
6 | (e) In cases in which the obligee receives child support | ||||||
7 | enforcement
services from the Illinois Department
of | ||||||
8 | Healthcare and Family Services
Public Aid
under Article X of | ||||||
9 | the Illinois Public
Aid Code, the order for support shall (i) | ||||||
10 | require that the obligee file the
information required under | ||||||
11 | subsection (d) with the Illinois Department of Healthcare and | ||||||
12 | Family Services
Public Aid for inclusion in the State Case | ||||||
13 | Registry, rather
than file the information with the clerk, and | ||||||
14 | (ii) require that the obligee
include the following additional | ||||||
15 | information:
| ||||||
16 | (1) The obligee's telephone and driver's license | ||||||
17 | numbers.
| ||||||
18 | (2) The obligee's residential address, if different | ||||||
19 | from the obligee's
mailing address.
| ||||||
20 | (3) The name, address, and telephone number of the | ||||||
21 | obligee's employer or
employers.
| ||||||
22 | The order for support shall also require that the obligee | ||||||
23 | update
the information filed with the Illinois Department of | ||||||
24 | Healthcare and Family Services
Public Aid within 5
business | ||||||
25 | days of any change.
| ||||||
26 | (f) The clerk shall provide the information filed under |
| |||||||
| |||||||
1 | this Section,
together with the court docket number and county | ||||||
2 | in which the order for support
was entered, to the State Case | ||||||
3 | Registry within 5 business days after receipt of
the | ||||||
4 | information.
| ||||||
5 | (g) In a case in which a party is receiving child support | ||||||
6 | enforcement
services under Article X of the Illinois Public Aid | ||||||
7 | Code, the clerk shall
provide the following additional | ||||||
8 | information to the State Case Registry within
5 business days | ||||||
9 | after entry or modification of an order for support or request
| ||||||
10 | from the Illinois Department of Healthcare and Family Services
| ||||||
11 | Public Aid :
| ||||||
12 | (1) The amount of monthly or other periodic support | ||||||
13 | owed under the order
for support and other amounts, | ||||||
14 | including arrearage, interest, or late payment
penalties | ||||||
15 | and fees, due or overdue under the order.
| ||||||
16 | (2) Any such amounts that have been received by the | ||||||
17 | clerk, and the
distribution of those amounts by the clerk.
| ||||||
18 | (h) Information filed by the obligor and obligee under this | ||||||
19 | Section that is
not specifically required to be included in the | ||||||
20 | body of an order for support
under other laws is not a public | ||||||
21 | record and shall be treated as
confidential and subject to | ||||||
22 | disclosure only in accordance with the provisions
of this | ||||||
23 | Section, Section 10-27 of the Illinois Public Aid Code, and | ||||||
24 | Title IV,
Part D of the Social Security Act.
| ||||||
25 | (Source: P.A. 91-212, eff. 7-20-99; 92-16, eff. 6-28-01; | ||||||
26 | 92-463, eff.
8-22-01; 92-651, eff. 7-11-02; revised 12-15-05.)
|
| |||||||
| |||||||
1 | (750 ILCS 5/506) (from Ch. 40, par. 506)
| ||||||
2 | Sec. 506. Representation of child.
| ||||||
3 | (a) Duties. In any proceedings involving the support, | ||||||
4 | custody,
visitation, education, parentage, property interest, | ||||||
5 | or general welfare of a
minor or dependent child, the court | ||||||
6 | may, on its own motion or that of any
party, appoint
an | ||||||
7 | attorney to serve in one of the following capacities to address | ||||||
8 | the issues the court delineates:
| ||||||
9 | (1) Attorney. The attorney shall provide independent | ||||||
10 | legal counsel for the child and shall owe the same duties | ||||||
11 | of undivided loyalty, confidentiality, and competent | ||||||
12 | representation as are due an adult client.
| ||||||
13 | (2) Guardian ad litem. The guardian ad litem shall | ||||||
14 | testify or submit a written report to the court regarding | ||||||
15 | his or her recommendations in accordance with the best | ||||||
16 | interest of the child. The report shall be made available | ||||||
17 | to all parties. The guardian ad litem may be called as a | ||||||
18 | witness for purposes of cross-examination regarding the | ||||||
19 | guardian ad litem's report or recommendations. The | ||||||
20 | guardian ad litem shall investigate the facts of the case | ||||||
21 | and interview the child and the parties.
| ||||||
22 | (3) Child representative. The child representative | ||||||
23 | shall advocate what the
child representative finds to be in | ||||||
24 | the best interests of the child after reviewing
the facts | ||||||
25 | and circumstances of the case. The child representative |
| |||||||
| |||||||
1 | shall meet with the child and the parties, investigate the | ||||||
2 | facts of the case, and encourage settlement and the use of | ||||||
3 | alternative forms of dispute resolution. The child | ||||||
4 | representative shall have
the same authority and | ||||||
5 | obligation to participate in the litigation as
does an | ||||||
6 | attorney for a party and shall possess all the powers of | ||||||
7 | investigation
as does a guardian ad litem. The child | ||||||
8 | representative
shall consider, but not be bound by, the | ||||||
9 | expressed wishes of the child. A
child representative shall | ||||||
10 | have received training in child advocacy or shall
possess | ||||||
11 | such experience as determined to be equivalent to such | ||||||
12 | training by the
chief judge of the circuit where the child | ||||||
13 | representative has been appointed.
The
child | ||||||
14 | representative shall not disclose confidential | ||||||
15 | communications made
by the child, except as required by law | ||||||
16 | or by the Rules of Professional
Conduct. The child | ||||||
17 | representative shall not render an opinion, | ||||||
18 | recommendation, or report to the court and shall not be | ||||||
19 | called as a witness, but shall offer evidence-based legal | ||||||
20 | arguments. The child representative shall disclose the | ||||||
21 | position as to what the child representative intends to | ||||||
22 | advocate in a pre-trial memorandum that shall be served | ||||||
23 | upon all counsel of record prior to the trial. The position | ||||||
24 | disclosed in the pre-trial memorandum shall not be | ||||||
25 | considered evidence. The court and the parties may consider | ||||||
26 | the position of the child representative for purposes of a |
| |||||||
| |||||||
1 | settlement conference.
| ||||||
2 | (a-3) Additional appointments. During the proceedings the | ||||||
3 | court may appoint an additional attorney to
serve in the | ||||||
4 | capacity described in subdivision (a)(1) or an additional | ||||||
5 | attorney to serve in another of the capacities described in | ||||||
6 | subdivision (a)(2) or
(a)(3) on
the court's own motion or that | ||||||
7 | of a party only for good cause shown and when the
reasons for | ||||||
8 | the additional appointment are set forth in specific findings.
| ||||||
9 | (a-5) Appointment considerations. In deciding whether to | ||||||
10 | make an appointment of an attorney for the minor child, a | ||||||
11 | guardian ad litem, or a child representative, the court shall | ||||||
12 | consider the nature and adequacy of the evidence to be | ||||||
13 | presented by the parties and the availability of other methods | ||||||
14 | of obtaining information, including social service | ||||||
15 | organizations and evaluations by mental health professions, as | ||||||
16 | well as resources for payment.
| ||||||
17 | In no event is this Section intended to or designed to | ||||||
18 | abrogate the decision making power of the trier of fact. Any | ||||||
19 | appointment made under this Section is not intended to nor | ||||||
20 | should it serve to place any appointed individual in the role | ||||||
21 | of a surrogate judge.
| ||||||
22 | (b) Fees and costs. The court shall enter an order as | ||||||
23 | appropriate for
costs, fees, and disbursements, including a | ||||||
24 | retainer, when the attorney,
guardian ad litem, or child's | ||||||
25 | representative is appointed. Any person appointed under this | ||||||
26 | Section shall file with the court within 90 days of his or her |
| |||||||
| |||||||
1 | appointment, and every subsequent 90-day period thereafter | ||||||
2 | during the course of his or her representation, a detailed | ||||||
3 | invoice for services rendered with a copy being sent to each | ||||||
4 | party. The court shall review the invoice submitted and approve | ||||||
5 | the fees, if they are reasonable and necessary. Any order | ||||||
6 | approving the fees shall require payment by either or both | ||||||
7 | parents, by any
other party or source, or from the marital | ||||||
8 | estate or the child's separate
estate.
The court may not order | ||||||
9 | payment by the Illinois Department of Healthcare and Family | ||||||
10 | Services
Public Aid
in cases in which the Department is | ||||||
11 | providing child support
enforcement services
under Article X of | ||||||
12 | the Illinois Public Aid Code. Unless otherwise ordered by
the
| ||||||
13 | court at the time fees and costs are
approved, all fees and | ||||||
14 | costs payable to an attorney, guardian ad litem, or
child | ||||||
15 | representative under this Section are by implication deemed to | ||||||
16 | be in
the nature of support of the child and are within the | ||||||
17 | exceptions to discharge
in bankruptcy under 11 U.S.C.A. 523. | ||||||
18 | The provisions of Sections 501 and 508 of
this Act shall apply | ||||||
19 | to fees and costs for attorneys appointed under this
Section.
| ||||||
20 | (Source: P.A. 94-640, eff. 1-1-06; revised 12-15-05.)
| ||||||
21 | (750 ILCS 5/507) (from Ch. 40, par. 507)
| ||||||
22 | Sec. 507. Payment of maintenance or support to court.
| ||||||
23 | (a) In actions instituted under this Act, the court shall | ||||||
24 | order that
maintenance and support payments be made to the | ||||||
25 | clerk of court as trustee for
remittance to the person entitled |
| |||||||
| |||||||
1 | to receive the payments. However, the court
in its discretion | ||||||
2 | may direct otherwise where circumstances so warrant.
| ||||||
3 | (b) The clerk of court shall maintain records listing the | ||||||
4 | amount of
payments, the date payments are required to be made | ||||||
5 | and the names and
addresses of the parties affected by the | ||||||
6 | order. For those cases in which
support is payable to the clerk | ||||||
7 | of the circuit court for transmittal to
the Department of | ||||||
8 | Healthcare and Family Services (formerly Illinois Department | ||||||
9 | of Public Aid ) by order of the court or upon
notification of | ||||||
10 | the Department of Healthcare and Family Services (formerly
| ||||||
11 | Illinois Department of Public Aid ) , and the Illinois
Department | ||||||
12 | of Public Aid collects support by assignment, offset, | ||||||
13 | withholding,
deduction or other process permitted by law, the | ||||||
14 | Illinois Department shall
notify the clerk of the date and | ||||||
15 | amount of such collection. Upon notification,
the clerk shall | ||||||
16 | record the collection on the payment record for the case.
| ||||||
17 | (c) The parties affected by the order shall inform the | ||||||
18 | clerk of
court of any change of address or of other condition | ||||||
19 | that may affect the
administration of the order.
| ||||||
20 | (d) The provisions of this Section shall not apply to cases | ||||||
21 | that come
under the provisions of Sections 709 through 712.
| ||||||
22 | (e) To the extent the provisions of this Section are | ||||||
23 | inconsistent with the
requirements pertaining to the State | ||||||
24 | Disbursement Unit under Section 507.1 of
this Act and Section | ||||||
25 | 10-26 of the Illinois Public Aid Code, the requirements
| ||||||
26 | pertaining to the State Disbursement Unit shall apply.
|
| |||||||
| |||||||
1 | (Source: P.A. 94-88, eff. 1-1-06; revised 12-15-05.)
| ||||||
2 | (750 ILCS 5/507.1)
| ||||||
3 | Sec. 507.1. Payment of Support to State Disbursement Unit.
| ||||||
4 | (a) As used in this Section:
| ||||||
5 | "Order for support", "obligor", "obligee", and "payor" | ||||||
6 | mean those terms as
defined in the Income Withholding for | ||||||
7 | Support Act, except that "order for
support" shall not mean | ||||||
8 | orders providing for spousal maintenance under which
there is | ||||||
9 | no child support obligation.
| ||||||
10 | (b) Notwithstanding any other provision of this Act to the | ||||||
11 | contrary, each
order for support entered or modified on or | ||||||
12 | after October 1, 1999 shall require
that support payments be | ||||||
13 | made to the State Disbursement Unit established under
Section | ||||||
14 | 10-26 of the Illinois Public Aid Code if:
| ||||||
15 | (1) a party to the order is receiving child support
| ||||||
16 | enforcement services
under Article X of the Illinois Public | ||||||
17 | Aid Code; or
| ||||||
18 | (2) no party to the order is receiving child support
| ||||||
19 | enforcement services,
but the support payments are made | ||||||
20 | through income withholding.
| ||||||
21 | (c) Support
payments
shall be made to the State | ||||||
22 | Disbursement Unit if:
| ||||||
23 | (1) the order for support was entered before October 1, | ||||||
24 | 1999, and a party
to the order is receiving child support | ||||||
25 | enforcement services
under Article X
of the Illinois Public |
| |||||||
| |||||||
1 | Aid Code; or
| ||||||
2 | (2) no party
to the order is receiving child support | ||||||
3 | enforcement services, and the support
payments are being | ||||||
4 | made through income withholding.
| ||||||
5 | (c-5) If no party to the order is receiving child support
| ||||||
6 | enforcement services under Article X of the Illinois Public Aid | ||||||
7 | Code, and
the support
payments are not made through income | ||||||
8 | withholding, then support payments shall
be made as directed by | ||||||
9 | the order for support.
| ||||||
10 | (c-10) At any time, and notwithstanding the existence of an | ||||||
11 | order
directing payments
to be made elsewhere, the Department | ||||||
12 | of Healthcare and Family Services
Public Aid may provide notice | ||||||
13 | to the
obligor and, where applicable, to the obligor's payor:
| ||||||
14 | (1) to make support payments to the State Disbursement | ||||||
15 | Unit if:
| ||||||
16 | (A) a party to the order for support is receiving | ||||||
17 | child support
enforcement services under Article X of | ||||||
18 | the Illinois Public Aid Code; or
| ||||||
19 | (B) no party to the order for support is receiving | ||||||
20 | child support
enforcement services under Article X of | ||||||
21 | the Illinois Public Aid Code, but the
support
payments | ||||||
22 | are
made through income withholding; or
| ||||||
23 | (2) to make support payments to the State Disbursement | ||||||
24 | Unit of another
state upon request of another state's Title | ||||||
25 | IV-D child support enforcement
agency, in accordance with | ||||||
26 | the requirements of Title IV, Part D of the Social
Security |
| |||||||
| |||||||
1 | Act and regulations promulgated under that Part D.
| ||||||
2 | The Department of Healthcare and Family Services
Public Aid
| ||||||
3 | shall provide a copy of the notice to the
obligee and to the | ||||||
4 | clerk of the circuit court.
| ||||||
5 | (c-15) Within 15 days after the effective date of this | ||||||
6 | amendatory Act of the
91st General Assembly, the clerk of the | ||||||
7 | circuit court shall provide written
notice to the obligor to | ||||||
8 | make payments directly to the clerk of the circuit
court if no | ||||||
9 | party to the order is receiving child support
enforcement | ||||||
10 | services
under Article X of the Illinois Public Aid Code, the | ||||||
11 | support payments are not
made through income withholding, and | ||||||
12 | the order for support requires support
payments to be made | ||||||
13 | directly to the clerk of the circuit court. The clerk
shall | ||||||
14 | provide a copy of the notice to the obligee.
| ||||||
15 | (c-20) If the State Disbursement Unit receives a support | ||||||
16 | payment that was
not
appropriately
made to the Unit under this | ||||||
17 | Section, the Unit shall immediately return the
payment to the
| ||||||
18 | sender, including, if possible, instructions detailing where | ||||||
19 | to send the
support payment.
| ||||||
20 | (d) The notices under subsections (c-10) and
(c-15) may be | ||||||
21 | sent by ordinary mail,
certified mail, return receipt | ||||||
22 | requested, facsimile transmission, or other
electronic | ||||||
23 | process, or may be served upon the obligor or payor using any | ||||||
24 | method
provided by law for service of a summons.
| ||||||
25 | (Source: P.A. 91-212, eff. 7-20-99; 91-677, eff. 1-5-00; | ||||||
26 | 92-590, eff. 7-1-02; revised 12-15-05.)
|
| |||||||
| |||||||
1 | (750 ILCS 5/510) (from Ch. 40, par. 510)
| ||||||
2 | Sec. 510. Modification and termination of provisions for
| ||||||
3 | maintenance, support, educational expenses, and property | ||||||
4 | disposition.
| ||||||
5 | (a) Except as otherwise provided in paragraph (f) of | ||||||
6 | Section 502 and
in subsection (b), clause (3) of Section 505.2, | ||||||
7 | the provisions of any
judgment respecting maintenance or | ||||||
8 | support may be modified only as to
installments accruing | ||||||
9 | subsequent to due notice by the moving party of the
filing of | ||||||
10 | the motion for modification. An order for child
support may be | ||||||
11 | modified as follows:
| ||||||
12 | (1) upon a showing of a substantial change in | ||||||
13 | circumstances; and
| ||||||
14 | (2) without the necessity of showing a substantial | ||||||
15 | change in
circumstances, as follows:
| ||||||
16 | (A) upon a showing of an inconsistency of at least | ||||||
17 | 20%, but no
less than $10 per month, between the amount | ||||||
18 | of the existing order and the
amount of child support | ||||||
19 | that results from application of the guidelines
| ||||||
20 | specified in Section 505 of this Act unless the | ||||||
21 | inconsistency is due to the
fact that the amount of the | ||||||
22 | existing order resulted from a deviation from the
| ||||||
23 | guideline amount and there has not been a change in the | ||||||
24 | circumstances that
resulted in that deviation; or
| ||||||
25 | (B) Upon a showing of a need to provide for the |
| |||||||
| |||||||
1 | health care needs
of the child under the order through | ||||||
2 | health insurance or other means. In no
event shall the | ||||||
3 | eligibility for or receipt of medical assistance be | ||||||
4 | considered
to meet the need to provide for the child's | ||||||
5 | health care needs.
| ||||||
6 | The provisions of subparagraph (a)(2)(A) shall apply only
| ||||||
7 | in cases in which a party is receiving child support
| ||||||
8 | enforcement services from the Illinois Department of | ||||||
9 | Healthcare and Family Services
Public Aid under
Article X of | ||||||
10 | the Illinois Public Aid Code, and only when at least 36
months | ||||||
11 | have elapsed since the order for child support was entered or | ||||||
12 | last
modified.
| ||||||
13 | (a-5) An order for maintenance may be modified or | ||||||
14 | terminated only upon a
showing of a substantial change in | ||||||
15 | circumstances. In all such proceedings, as
well as in | ||||||
16 | proceedings in which maintenance is being reviewed, the court | ||||||
17 | shall
consider the applicable factors set forth in subsection | ||||||
18 | (a) of Section 504 and
the following factors:
| ||||||
19 | (1) any change in the employment status of either party | ||||||
20 | and whether the
change has been made
in good faith;
| ||||||
21 | (2) the efforts, if any, made by the party receiving | ||||||
22 | maintenance to become
self-supporting, and
the | ||||||
23 | reasonableness of the efforts where they are appropriate;
| ||||||
24 | (3) any impairment of the present and future earning | ||||||
25 | capacity of either
party;
| ||||||
26 | (4) the tax consequences of the maintenance payments |
| |||||||
| |||||||
1 | upon the respective
economic
circumstances of the parties;
| ||||||
2 | (5) the duration of the maintenance payments | ||||||
3 | previously paid (and
remaining to be paid) relative
to the | ||||||
4 | length of the marriage;
| ||||||
5 | (6) the property, including retirement benefits, | ||||||
6 | awarded to each party
under the judgment of
dissolution of | ||||||
7 | marriage, judgment of legal separation, or judgment of
| ||||||
8 | declaration of invalidity of
marriage and the present | ||||||
9 | status of the property;
| ||||||
10 | (7) the increase or decrease in each party's income | ||||||
11 | since the prior
judgment or order from which
a review, | ||||||
12 | modification, or termination is being sought;
| ||||||
13 | (8) the property acquired and currently owned by each | ||||||
14 | party after the
entry of the judgment of
dissolution of | ||||||
15 | marriage, judgment of legal separation, or judgment of
| ||||||
16 | declaration of invalidity of
marriage; and
| ||||||
17 | (9) any other factor that the court expressly finds to | ||||||
18 | be just and
equitable.
| ||||||
19 | (b) The provisions as to property disposition may not be | ||||||
20 | revoked or
modified,
unless the court finds the existence of | ||||||
21 | conditions that justify the
reopening of a judgment under the | ||||||
22 | laws of this State.
| ||||||
23 | (c) Unless otherwise agreed by the parties in a written | ||||||
24 | agreement
set forth in the judgment or otherwise approved by | ||||||
25 | the court, the obligation
to pay future maintenance is | ||||||
26 | terminated upon the death of either party, or
the remarriage of |
| |||||||
| |||||||
1 | the party receiving maintenance, or if the party
receiving | ||||||
2 | maintenance cohabits with another person on a resident,
| ||||||
3 | continuing conjugal basis.
| ||||||
4 | (d) Unless otherwise provided in this Act, or as agreed in | ||||||
5 | writing or
expressly
provided in the
judgment, provisions for | ||||||
6 | the support of a child are terminated by emancipation
of the
| ||||||
7 | child, or if the child has attained the age of 18 and is still | ||||||
8 | attending
high school,
provisions for the support of the child | ||||||
9 | are terminated upon the date that the
child
graduates from high | ||||||
10 | school or the date the child attains the age of 19,
whichever | ||||||
11 | is
earlier, but not by the death of a parent obligated to | ||||||
12 | support or educate the
child.
An existing obligation to pay for | ||||||
13 | support
or educational expenses, or both, is not terminated by | ||||||
14 | the death of a
parent. When a parent obligated to pay support | ||||||
15 | or educational
expenses, or both, dies, the amount of support | ||||||
16 | or educational expenses, or
both, may be enforced, modified, | ||||||
17 | revoked or commuted to a lump sum payment,
as equity may | ||||||
18 | require, and that determination may be provided for at the
time | ||||||
19 | of the dissolution of the marriage or thereafter.
| ||||||
20 | (e) The right to petition for support or educational | ||||||
21 | expenses, or both,
under Sections 505 and 513 is not | ||||||
22 | extinguished by the death of a parent.
Upon a petition filed | ||||||
23 | before or after a parent's death, the court may award
sums of | ||||||
24 | money out of the decedent's estate for the child's support or
| ||||||
25 | educational expenses, or both, as equity may require. The time | ||||||
26 | within
which a claim may be filed against the estate of a |
| |||||||
| |||||||
1 | decedent under Sections
505 and 513 and subsection (d) and this | ||||||
2 | subsection shall be governed by the
provisions of the Probate | ||||||
3 | Act of 1975, as a barrable, noncontingent claim.
| ||||||
4 | (f) A petition to modify or terminate child support, | ||||||
5 | custody, or
visitation shall not delay any child support | ||||||
6 | enforcement litigation or
supplementary proceeding on behalf | ||||||
7 | of the obligee, including, but not limited
to, a petition for a | ||||||
8 | rule to show cause, for non-wage garnishment, or for a
| ||||||
9 | restraining order.
| ||||||
10 | (Source: P.A. 92-289, eff. 8-9-01; 92-590, eff. 7-1-02; 92-651, | ||||||
11 | eff.
7-11-02; 92-876, eff. 6-1-03; 93-353, eff. 1-1-04; revised | ||||||
12 | 12-15-05.)
| ||||||
13 | (750 ILCS 5/516) (from Ch. 40, par. 516)
| ||||||
14 | Sec. 516. Public Aid collection fee. In all cases | ||||||
15 | instituted by the
Department of Healthcare and Family Services | ||||||
16 | (formerly Illinois
Department of Public Aid ) on behalf of a | ||||||
17 | child or spouse, other than one
receiving a grant of financial | ||||||
18 | aid under Article IV of The Illinois Public
Aid Code, on whose | ||||||
19 | behalf an application has been made and approved for
child | ||||||
20 | support enforcement services as provided by Section 10-1 of | ||||||
21 | that
Code, the court
shall impose a collection fee on the | ||||||
22 | individual who owes a child or spouse
support obligation in an | ||||||
23 | amount equal to 10% of the amount so owed as long
as such | ||||||
24 | collection is required by federal law, which fee shall be in | ||||||
25 | addition
to the support obligation. The imposition of such fee
|
| |||||||
| |||||||
1 | shall be in accordance with provisions of Title IV, Part D, of | ||||||
2 | the Social
Security Act and regulations duly promulgated | ||||||
3 | thereunder. The fee shall
be payable to the clerk of the | ||||||
4 | circuit court for transmittal to the Illinois
Department of | ||||||
5 | Healthcare and Family Services
Public Aid and shall continue | ||||||
6 | until child support
enforcement services are
terminated
by that | ||||||
7 | Department.
| ||||||
8 | (Source: P.A. 92-590, eff. 7-1-02; revised 12-15-05.)
| ||||||
9 | (750 ILCS 5/517) | ||||||
10 | Sec. 517. Notice of child support enforcement services. The | ||||||
11 | Illinois Department of Healthcare and Family Services
Public | ||||||
12 | Aid may provide notice at any time to the parties to an action | ||||||
13 | filed under this Act that child support enforcement services | ||||||
14 | are being provided by the Illinois Department under Article X | ||||||
15 | of the Illinois Public Aid Code. The notice shall be sent by | ||||||
16 | regular mail to the party's last known address on file with the | ||||||
17 | clerk of the court or the State Case Registry established under | ||||||
18 | Section 10-27 of the Illinois Public Aid Code. After notice is | ||||||
19 | provided pursuant to this Section, the Illinois Department | ||||||
20 | shall be entitled, as if it were a party, to notice of any | ||||||
21 | further proceedings brought in the case. The Illinois
| ||||||
22 | Department shall provide the clerk of the court with copies of | ||||||
23 | the notices sent to the parties. The clerk shall file the | ||||||
24 | copies in the court file.
| ||||||
25 | (Source: P.A. 94-88, eff. 1-1-06; revised 12-15-05.) |
| |||||||
| |||||||
1 | (750 ILCS 5/601.5)
| ||||||
2 | Sec. 601.5. Training. The chief circuit judge or designated | ||||||
3 | presiding judge may approve 3 hours of training for guardians | ||||||
4 | ad litem
guardian ad litems appointed under Section 601 of this | ||||||
5 | Act, professional personnel appointed under Section 604 of this | ||||||
6 | Act, evaluators appointed under Section 604.5 of this Act, and | ||||||
7 | investigators appointed under Section 605 of this Act. This | ||||||
8 | training shall include a component on the dynamics of domestic | ||||||
9 | violence and its effect on parents and children.
| ||||||
10 | (Source: P.A. 94-377, eff. 7-29-05; revised 9-15-06.)
| ||||||
11 | (750 ILCS 5/602) (from Ch. 40, par. 602)
| ||||||
12 | Sec. 602. Best Interest of Child.
| ||||||
13 | (a) The court shall determine
custody in accordance with | ||||||
14 | the best interest of the child. The court
shall consider all | ||||||
15 | relevant factors including:
| ||||||
16 | (1) the wishes of the child's parent or parents as to | ||||||
17 | his custody;
| ||||||
18 | (2) the wishes of the child as to his custodian;
| ||||||
19 | (3) the interaction and interrelationship of the child | ||||||
20 | with his
parent or parents, his siblings and any other | ||||||
21 | person who may
significantly affect the child's best | ||||||
22 | interest;
| ||||||
23 | (4) the child's adjustment to his home, school and | ||||||
24 | community;
|
| |||||||
| |||||||
1 | (5) the mental and physical health of all individuals | ||||||
2 | involved;
| ||||||
3 | (6) the physical violence or threat of physical | ||||||
4 | violence by the child's
potential custodian, whether | ||||||
5 | directed against the child or directed against
another | ||||||
6 | person;
| ||||||
7 | (7) the occurrence of ongoing or repeated abuse as | ||||||
8 | defined in Section 103 of the
Illinois Domestic Violence | ||||||
9 | Act of 1986, whether directed against the child
or directed | ||||||
10 | against another person;
| ||||||
11 | (8) the willingness and ability of each parent to | ||||||
12 | facilitate and
encourage a close and continuing | ||||||
13 | relationship between the other parent
and the child; and
| ||||||
14 | (9) whether one of the parents is a sex offender.
| ||||||
15 | In the case of a custody proceeding in which a stepparent | ||||||
16 | has standing
under Section 601, it is presumed to be in the | ||||||
17 | best interest of the minor child
that the natural parent have | ||||||
18 | the custody of the minor child unless the
presumption is | ||||||
19 | rebutted by the stepparent.
| ||||||
20 | (b) The court shall not consider conduct of a present or | ||||||
21 | proposed
custodian that does not affect his relationship to the | ||||||
22 | child.
| ||||||
23 | (c) Unless the court finds the occurrence of ongoing abuse | ||||||
24 | as defined
in Section 103 of the Illinois Domestic Violence Act | ||||||
25 | of 1986, the court
shall presume that the maximum involvement | ||||||
26 | and cooperation
of both parents regarding the physical, mental, |
| |||||||
| |||||||
1 | moral, and emotional
well-being of
their child is in the best | ||||||
2 | interest of the child. There shall be no
presumption in favor | ||||||
3 | of or against joint custody.
| ||||||
4 | (Source: P.A. 94-377, eff. 7-29-05; 94-643, eff. 1-1-06; | ||||||
5 | revised 8-29-05.)
| ||||||
6 | (750 ILCS 5/704) (from Ch. 40, par. 704)
| ||||||
7 | Sec. 704. Public Aid Provisions.) Except as provided in | ||||||
8 | Sections 709
through 712, if maintenance, child support or
| ||||||
9 | both, is awarded to persons who are recipients of aid under | ||||||
10 | "The
Illinois Public Aid Code", the court shall direct the | ||||||
11 | husband or wife,
as the case may be, to make the payments to | ||||||
12 | (1) the Illinois Department
of Healthcare and Family Services
| ||||||
13 | Public Aid if the persons are recipients under Articles III, IV | ||||||
14 | or V
of the Code, or (2) the local governmental unit | ||||||
15 | responsible for their
support if they are recipients under | ||||||
16 | Article VI or VII of the Code. The
order shall permit the | ||||||
17 | Illinois Department of Healthcare and Family Services
Public | ||||||
18 | Aid or the local
governmental unit, as the case may be, to | ||||||
19 | direct that subsequent
payments be made directly to the former | ||||||
20 | spouse, the children, or both,
or to some person or agency in | ||||||
21 | their behalf, upon removal of the former
spouse or children | ||||||
22 | from the public aid rolls; and upon such direction
and removal | ||||||
23 | of the recipients from the public aid rolls, the Illinois
| ||||||
24 | Department or local governmental unit, as the case requires, | ||||||
25 | shall give
written notice of such action to the court.
|
| |||||||
| |||||||
1 | (Source: P.A. 81-1474; revised 12-15-05.)
| ||||||
2 | (750 ILCS 5/705) (from Ch. 40, par. 705)
| ||||||
3 | Sec. 705. Support payments; receiving and disbursing | ||||||
4 | agents.
| ||||||
5 | (1) The provisions of this Section shall apply, except as | ||||||
6 | provided in
Sections 709 through 712.
| ||||||
7 | (2) In a dissolution of marriage action filed in a county | ||||||
8 | of less than 3
million population in which an order or judgment | ||||||
9 | for child support is
entered, and in supplementary proceedings | ||||||
10 | in any such county to enforce
or vary the terms of such order | ||||||
11 | or judgment arising out of an action for
dissolution of | ||||||
12 | marriage filed in such county, the court, except as it
| ||||||
13 | otherwise orders, under subsection (4) of this Section, may | ||||||
14 | direct that
child support payments be made to the clerk of the | ||||||
15 | court.
| ||||||
16 | (3) In a dissolution of marriage action filed in any county | ||||||
17 | of 3
million or more population in which an order or judgment | ||||||
18 | for child
support is entered, and in supplementary proceedings | ||||||
19 | in any such county
to enforce or vary the terms of such order | ||||||
20 | or judgment arising out of an
action for dissolution of | ||||||
21 | marriage filed in such county, the court, except
as it | ||||||
22 | otherwise orders under subsection (4) of this Section, may
| ||||||
23 | direct that child support payments be made either to the clerk | ||||||
24 | of the
court or to the Court Service Division of the County | ||||||
25 | Department of
Public Aid. After the effective date of this Act, |
| |||||||
| |||||||
1 | the court, except as
it otherwise orders under subsection (4) | ||||||
2 | of this Section, may direct
that child support payments be made | ||||||
3 | either to the clerk of the court or
to the Illinois Department | ||||||
4 | of Healthcare and Family Services
Public Aid .
| ||||||
5 | (4) In a dissolution of marriage action or supplementary | ||||||
6 | proceedings
involving maintenance or child support payments, | ||||||
7 | or both, to persons who
are recipients of aid under the | ||||||
8 | Illinois Public Aid Code, the court
shall direct that such | ||||||
9 | payments be made to (a) the Illinois Department
of Healthcare | ||||||
10 | and Family Services
Public Aid if the persons are recipients | ||||||
11 | under Articles III, IV, or V
of the Code, or (b) the local | ||||||
12 | governmental unit responsible for their
support if they are | ||||||
13 | recipients under Articles VI or VII of the Code.
In accordance | ||||||
14 | with federal law and regulations, the Illinois Department of | ||||||
15 | Healthcare and Family Services
Public Aid may continue to | ||||||
16 | collect current maintenance payments or child
support | ||||||
17 | payments, or both, after those persons cease to receive public
| ||||||
18 | assistance and until termination of services under Article X of | ||||||
19 | the Illinois
Public Aid Code. The Illinois Department of | ||||||
20 | Healthcare and Family Services
Public Aid shall pay the net
| ||||||
21 | amount collected to those persons after deducting any costs | ||||||
22 | incurred in making
the collection or any collection fee from | ||||||
23 | the amount of any recovery made. The order shall permit the | ||||||
24 | Illinois Department
of Healthcare and Family Services
Public | ||||||
25 | Aid or the local governmental unit, as the case may be, to | ||||||
26 | direct
that payments be made directly to the former spouse, the
|
| |||||||
| |||||||
1 | children, or both, or to some person or agency in their behalf, | ||||||
2 | upon
removal of the former spouse or children from the public | ||||||
3 | aid rolls or upon
termination of services under Article X of | ||||||
4 | the Illinois Public Aid Code; and upon such direction, the
| ||||||
5 | Illinois Department or local governmental unit, as the case | ||||||
6 | requires, shall
give notice of such action to the court in | ||||||
7 | writing or by
electronic
transmission.
| ||||||
8 | (5) All clerks of the court and the Court Service Division | ||||||
9 | of a
County Department of Public Aid and, after the effective | ||||||
10 | date of this
Act, all clerks of the court and the Illinois
| ||||||
11 | Department of Healthcare and Family Services
Public Aid ,
| ||||||
12 | receiving child support payments under subsections (2) and (3) | ||||||
13 | of this
Section shall disburse the payments to the person or | ||||||
14 | persons entitled
thereto under the terms of the order or | ||||||
15 | judgment. They shall establish
and maintain current records of | ||||||
16 | all moneys received and disbursed and of
defaults and | ||||||
17 | delinquencies in required payments. The court, by order or
| ||||||
18 | rule, shall make provision for the carrying out of these | ||||||
19 | duties.
| ||||||
20 | Payments under this Section to the Illinois Department of | ||||||
21 | Healthcare and Family Services
Public Aid
pursuant to the Child | ||||||
22 | Support Enforcement Program established by Title IV-D
of the | ||||||
23 | Social Security Act shall be paid into the Child Support | ||||||
24 | Enforcement
Trust Fund. All payments under this Section to the | ||||||
25 | Illinois Department
of Human Services shall be deposited in the | ||||||
26 | DHS
Recoveries Trust Fund. Disbursements from these funds shall |
| |||||||
| |||||||
1 | be as provided in
the Illinois Public Aid Code. Payments | ||||||
2 | received by a local governmental unit
shall be deposited in | ||||||
3 | that unit's General Assistance Fund.
Any order of court | ||||||
4 | directing payment of child support to a clerk of
court or the | ||||||
5 | Court Service Division of a County Department of Public
Aid, | ||||||
6 | which order has been entered on or after August 14, 1961, and | ||||||
7 | prior
to the effective date of this Act, may be amended by the | ||||||
8 | court in line
with this Act; and orders involving payments of | ||||||
9 | maintenance or child
support to recipients of public aid may in | ||||||
10 | like manner be amended to
conform to this Act.
| ||||||
11 | (6) No filing fee or costs will be required in any action | ||||||
12 | brought at
the request of the Illinois Department of Healthcare | ||||||
13 | and Family Services
Public Aid in any proceeding
under this | ||||||
14 | Act. However, any such fees or costs may be assessed by the
| ||||||
15 | court against the respondent in the court's order of support or | ||||||
16 | any
modification thereof in a proceeding under this Act.
| ||||||
17 | (7) For those cases in which child support is payable to | ||||||
18 | the clerk of
the circuit court for transmittal to the | ||||||
19 | Department of Healthcare and Family Services (formerly
| ||||||
20 | Illinois Department of Public Aid )
by order of court or upon | ||||||
21 | notification by the Department of Healthcare and Family | ||||||
22 | Services (formerly Illinois Department of Public
Aid ) , the | ||||||
23 | clerk shall transmit all such payments, within 4
working days | ||||||
24 | of receipt, to insure that funds are available for immediate
| ||||||
25 | distribution by the Department to the person or entity entitled | ||||||
26 | thereto in
accordance with standards of the Child Support |
| |||||||
| |||||||
1 | Enforcement Program
established under Title IV-D of the Social | ||||||
2 | Security Act. The clerk shall
notify the Department of the date | ||||||
3 | of receipt and amount thereof at the time
of transmittal. Where | ||||||
4 | the clerk has entered into an
agreement of cooperation with the | ||||||
5 | Department to record the terms of
child support orders and | ||||||
6 | payments made thereunder directly into the
Department's | ||||||
7 | automated data processing system, the clerk shall account for,
| ||||||
8 | transmit and otherwise distribute child support payments in | ||||||
9 | accordance with
such agreement in lieu of the requirements | ||||||
10 | contained herein.
| ||||||
11 | In any action filed in a county with a population of | ||||||
12 | 1,000,000 or less,
the court shall assess against the | ||||||
13 | respondent in any order of maintenance
or child support any sum | ||||||
14 | up to $36 annually authorized by ordinance of the
county board | ||||||
15 | to be collected by the clerk of the court as costs for
| ||||||
16 | administering the collection and disbursement of maintenance | ||||||
17 | and child
support payments. Such sum shall be in addition to | ||||||
18 | and separate from
amounts ordered to be paid as maintenance or | ||||||
19 | child support.
| ||||||
20 | (8) To the extent the provisions of this Section are | ||||||
21 | inconsistent with the
requirements pertaining to the State | ||||||
22 | Disbursement Unit under Section 507.1 of
this Act and Section | ||||||
23 | 10-26 of the Illinois Public Aid Code, the requirements
| ||||||
24 | pertaining to the State Disbursement Unit shall apply.
| ||||||
25 | (Source: P.A. 94-88, eff. 1-1-06; revised 12-15-05.)
|
| |||||||
| |||||||
1 | (750 ILCS 5/709) (from Ch. 40, par. 709)
| ||||||
2 | Sec. 709. Mandatory child support payments to clerk.
| ||||||
3 | (a) As of January 1, 1982, child support orders entered in | ||||||
4 | any county
covered by this subsection shall be made pursuant to | ||||||
5 | the provisions of Sections
709 through 712 of this Act. For | ||||||
6 | purposes of these Sections, the term "child
support payment" or | ||||||
7 | "payment" shall include any payment ordered to be made
solely | ||||||
8 | for the purpose of the support of a child or children or any | ||||||
9 | payment
ordered for general support which includes any amount | ||||||
10 | for support of any child
or children.
| ||||||
11 | The provisions of Sections 709 through 712 shall be | ||||||
12 | applicable to any county
with a population of 2 million or more | ||||||
13 | and to any other county which notifies
the Supreme Court of its | ||||||
14 | desire to be included within the coverage of these
Sections and | ||||||
15 | is certified pursuant to Supreme Court Rules.
| ||||||
16 | The effective date of inclusion, however, shall be subject | ||||||
17 | to approval
of the application for reimbursement of the costs | ||||||
18 | of the support program
by the Department of Healthcare and | ||||||
19 | Family Services
Public Aid as provided in Section 712.
| ||||||
20 | (b) In any proceeding for a dissolution of marriage, legal | ||||||
21 | separation,
or declaration of invalidity of marriage, or in any | ||||||
22 | supplementary proceedings
in which a judgment or modification | ||||||
23 | thereof for the payment of
child support is entered on or after | ||||||
24 | January 1, 1982, in any county covered
by Sections 709 through | ||||||
25 | 712, and the person entitled to payment is receiving
a grant of | ||||||
26 | financial aid under Article IV of the Illinois Public
Aid Code
|
| |||||||
| |||||||
1 | or has applied and qualified for child support enforcement | ||||||
2 | services
under Section 10-1 of
that Code, the court shall | ||||||
3 | direct: (1) that such payments be made to the
clerk of the | ||||||
4 | court and (2) that the parties affected shall each thereafter
| ||||||
5 | notify the clerk of any change of address or change in other | ||||||
6 | conditions
that may affect the administration of the order, | ||||||
7 | including the fact that a
party who was previously not on | ||||||
8 | public aid has become a recipient of public
aid, within 10 days | ||||||
9 | of such change. All notices sent to
the obligor's last known | ||||||
10 | address on file with the clerk shall be deemed
sufficient to | ||||||
11 | proceed with enforcement pursuant to the provisions of
Sections | ||||||
12 | 709 through 712.
| ||||||
13 | In all other cases, the court may direct that payments be | ||||||
14 | made to the
clerk of the court.
| ||||||
15 | (c) Except as provided in subsection (d) of this Section, | ||||||
16 | the clerk shall
disburse the payments to the person or persons | ||||||
17 | entitled thereto under the
terms of the order or judgment.
| ||||||
18 | (d) The court shall determine, prior to the entry of the | ||||||
19 | support order,
if the party who is to receive the support is | ||||||
20 | presently receiving public
aid or has a current application for | ||||||
21 | public aid pending and shall enter
the finding on the record.
| ||||||
22 | If the person entitled to payment is a recipient of aid | ||||||
23 | under the Illinois
Public Aid Code, the clerk, upon being | ||||||
24 | informed of this fact by finding of the
court, by notification | ||||||
25 | by the party entitled to payment, by the Department of | ||||||
26 | Healthcare and Family Services (formerly Illinois
Department |
| |||||||
| |||||||
1 | of Public Aid ) or by the local governmental unit, shall make | ||||||
2 | all
payments to: (1) the Illinois Department of Healthcare and | ||||||
3 | Family Services
Public Aid if the person is
a recipient under | ||||||
4 | Article III, IV, or V of the Code or (2) the local
governmental | ||||||
5 | unit responsible for his or her support if the person is a
| ||||||
6 | recipient under Article VI or VII of the Code.
In accordance | ||||||
7 | with federal law and regulations, the Illinois Department of | ||||||
8 | Healthcare and Family Services
Public Aid may continue to | ||||||
9 | collect current maintenance payments or child
support | ||||||
10 | payments, or both, after those persons cease to receive public
| ||||||
11 | assistance and until termination of services under Article X of | ||||||
12 | the Illinois
Public Aid Code. The Illinois Department of | ||||||
13 | Healthcare and Family Services
Public Aid shall pay the net
| ||||||
14 | amount collected to those persons after deducting any costs | ||||||
15 | incurred in making
the collection or any collection fee from | ||||||
16 | the amount of any recovery made. Upon termination of public aid | ||||||
17 | payments to
such a recipient or termination of services under | ||||||
18 | Article X of the Illinois
Public Aid Code, the Illinois
| ||||||
19 | Department of Healthcare and Family Services
Public Aid or the | ||||||
20 | appropriate
local governmental unit shall notify the clerk in | ||||||
21 | writing or by electronic
transmission that all subsequent | ||||||
22 | payments
are to be sent directly to the person entitled | ||||||
23 | thereto.
| ||||||
24 | Payments under this Section to the Illinois Department of | ||||||
25 | Healthcare and Family Services
Public Aid
pursuant to the Child | ||||||
26 | Support Enforcement Program established by Title IV-D
of the |
| |||||||
| |||||||
1 | Social Security Act shall be paid into the Child Support | ||||||
2 | Enforcement
Trust Fund. All payments under this Section to the | ||||||
3 | Illinois
Department of Human Services shall be deposited in the
| ||||||
4 | DHS Recoveries Trust Fund. Disbursements from these
funds shall | ||||||
5 | be as provided in the Illinois Public Aid Code. Payments | ||||||
6 | received
by a local governmental unit shall be deposited in | ||||||
7 | that unit's General
Assistance Fund.
| ||||||
8 | (e) Any order or judgment may be amended by the court, upon
| ||||||
9 | its own motion or upon the motion of either party, to conform | ||||||
10 | with the
provisions of Sections 709 through 712, either as to | ||||||
11 | the requirement
of making payments to the clerk or, where | ||||||
12 | payments are already being made
to the clerk, as to the | ||||||
13 | statutory fees provided for under Section 711.
| ||||||
14 | (f) The clerk may invest in any interest bearing account or | ||||||
15 | in any
securities, monies collected for the benefit of a payee, | ||||||
16 | where such payee
cannot be found; however, the investment may | ||||||
17 | be only for the period until
the clerk is able to locate and | ||||||
18 | present the payee with such monies. The
clerk may invest in any | ||||||
19 | interest bearing account, or in any securities,
monies | ||||||
20 | collected for the benefit of any other payee; however, this | ||||||
21 | does not
alter the clerk's obligation to make payments to the | ||||||
22 | payee in a timely manner.
Any interest or capital gains accrued | ||||||
23 | shall be for the benefit of the county
and shall be paid into | ||||||
24 | the special fund established in subsection (b) of
Section 711.
| ||||||
25 | (g) The clerk shall establish and maintain a payment record | ||||||
26 | of all
monies received and disbursed and such record shall |
| |||||||
| |||||||
1 | constitute prima facie
evidence of such payment and | ||||||
2 | non-payment, as the case may be.
| ||||||
3 | (h) For those cases in which child support is payable to | ||||||
4 | the clerk of
the circuit court for transmittal to the | ||||||
5 | Department of Healthcare and Family Services (formerly
| ||||||
6 | Illinois Department of Public Aid )
by order of court or upon | ||||||
7 | notification by the Department of Healthcare and Family | ||||||
8 | Services (formerly Illinois Department of Public
Aid ) , the | ||||||
9 | clerk shall transmit all such payments, within 4
working days | ||||||
10 | of receipt, to insure that funds are available for immediate
| ||||||
11 | distribution by the Department to the person or entity entitled | ||||||
12 | thereto in
accordance with standards of the Child Support | ||||||
13 | Enforcement Program
established under Title IV-D of the Social | ||||||
14 | Security Act. The clerk shall
notify the Department of the date | ||||||
15 | of receipt and amount thereof at the time
of transmittal. Where | ||||||
16 | the clerk has entered into an agreement of
cooperation with the | ||||||
17 | Department to record the terms of child support orders
and | ||||||
18 | payments made thereunder directly into the Department's | ||||||
19 | automated data
processing system, the clerk shall account for, | ||||||
20 | transmit and otherwise
distribute child support payments in | ||||||
21 | accordance with such agreement in lieu
of the requirements | ||||||
22 | contained herein.
| ||||||
23 | (i) To the extent the provisions of this Section are | ||||||
24 | inconsistent with
the requirements pertaining to the State | ||||||
25 | Disbursement Unit under Section 507.1
of this Act and Section | ||||||
26 | 10-26 of the Illinois Public Aid Code, the requirements
|
| |||||||
| |||||||
1 | pertaining to the State Disbursement Unit shall apply.
| ||||||
2 | (Source: P.A. 94-88, eff. 1-1-06; revised 12-15-05.)
| ||||||
3 | (750 ILCS 5/712) (from Ch. 40, par. 712)
| ||||||
4 | Sec. 712. (a) The Supreme Court may make Rules concerning | ||||||
5 | the
certification of counties for inclusion in the child | ||||||
6 | support enforcement
program and the application of the | ||||||
7 | procedures created by Sections 709
through 712 in the various | ||||||
8 | counties.
| ||||||
9 | The Supreme Court shall inform each circuit court and clerk | ||||||
10 | of the court
of the availability of the program to reimburse | ||||||
11 | counties desiring to
participate in the program of enforcement | ||||||
12 | of child support payments.
| ||||||
13 | The Supreme Court shall also distribute to each circuit | ||||||
14 | court and clerk
of the court any materials prepared by the | ||||||
15 | Child and Spouse Support Unit
comparing child support | ||||||
16 | enforcement in counties included and not included in
this | ||||||
17 | program.
| ||||||
18 | (b) The Illinois Department of Healthcare and Family | ||||||
19 | Services
Public Aid , through the Child and Spouse
Support Unit | ||||||
20 | provided for by Section 10-3.1 of The Illinois Public Aid
Code, | ||||||
21 | shall have general supervision of the child support programs | ||||||
22 | created
by Sections 709 through 712 and shall have the powers | ||||||
23 | and duties provided
in this Section, including the following:
| ||||||
24 | (1) to make advance payments to any county included in the | ||||||
25 | program
for expenses in preparing programs to enforce payment |
| |||||||
| |||||||
1 | of child support
to the clerk from appropriations made for such | ||||||
2 | purposes by the General
Assembly;
| ||||||
3 | (2) to make payments to each covered county to pay for its
| ||||||
4 | reasonable expenses actually necessary to maintain a | ||||||
5 | continuing program
not paid for by fees, penalties, or other | ||||||
6 | monies; provided that, with
respect to that portion of the | ||||||
7 | program on behalf of dependent children
included in a grant of | ||||||
8 | financial aid under Article IV of The Illinois
Public Aid Code | ||||||
9 | the Unit shall pay only such expenses as is its current
| ||||||
10 | practice or as it may deem appropriate; provided further that | ||||||
11 | the Unit
shall only pay expenses of the entire program subject | ||||||
12 | to the availability of
federal monies to pay the majority of | ||||||
13 | expenses of the entire child support
enforcement program; | ||||||
14 | provided further that the Unit or Department may set
standards | ||||||
15 | relating to enforcement which have to be met by any county | ||||||
16 | seeking
to enter a contract with the Department for | ||||||
17 | reimbursement of expenses of the
entire enforcement program | ||||||
18 | prior to an application for reimbursement being
approved and | ||||||
19 | the contract granted; and provided further that such
standards | ||||||
20 | may relate to, but are not limited to the following factors:
| ||||||
21 | maintenance of the payment record, the definition of | ||||||
22 | delinquency; the
period of time in which a delinquency must be | ||||||
23 | determined, the payor
notified, the remittance received, the | ||||||
24 | referral to the state's attorney
made, and the payment remitted | ||||||
25 | by the clerk to the payee or other party
entitled to the | ||||||
26 | payment; the conditions under which referral will not
be made |
| |||||||
| |||||||
1 | to the state's attorney; and the definitions and procedures for
| ||||||
2 | other matters necessary for the conduct and operation of the | ||||||
3 | program;
| ||||||
4 | (3) to monitor the various local programs for enforcement | ||||||
5 | of
child support payments to the clerk;
| ||||||
6 | (4) to act to encourage enforcement whenever local | ||||||
7 | enforcement
procedures are inadequate;
| ||||||
8 | (5) to receive monies from any source for assistance in | ||||||
9 | enforcement
of child support; and
| ||||||
10 | (6) to assist any county desirous of assistance in | ||||||
11 | establishing and
maintaining a child support enforcement | ||||||
12 | program.
| ||||||
13 | (c) Any county may apply for financial assistance to the | ||||||
14 | Unit to
initiate or maintain a program of child support | ||||||
15 | enforcement. Every county
which desires such assistance shall | ||||||
16 | apply according to procedures
established by the Unit. In its | ||||||
17 | application, it shall state the following:
financial needs, | ||||||
18 | personnel requirements, anticipated caseloads, any
amounts | ||||||
19 | collected or anticipated in fees or penalties, and any other
| ||||||
20 | information required by the Unit.
| ||||||
21 | (d) In the case that any advance money is given to any | ||||||
22 | county under this
Section to initiate an enforcement system, | ||||||
23 | the county shall reimburse the
state within 2 years from the | ||||||
24 | date such monies are given to it. The Unit
may establish an | ||||||
25 | appropriate schedule of reimbursement for any county.
| ||||||
26 | (e) In the event of the unavailability of federal monies to |
| |||||||
| |||||||
1 | pay for the
greater part of the costs to a county of the child | ||||||
2 | support enforcement
program under Sections 709 through 712 and | ||||||
3 | the resulting cessation of state
participation, the operation | ||||||
4 | of the child support enforcement program under
Sections 709 | ||||||
5 | through 712 shall terminate. The date and the method of
| ||||||
6 | termination shall be determined by Supreme Court Rule.
| ||||||
7 | (Source: P.A. 84-1395; revised 12-15-05.)
| ||||||
8 | Section 1130. The Non-Support Punishment Act is amended by | ||||||
9 | changing Sections 7, 20, 25, 30, 35, and 60 as follows:
| ||||||
10 | (750 ILCS 16/7)
| ||||||
11 | Sec. 7. Prosecutions by Attorney General. In addition to | ||||||
12 | enforcement
proceedings by the several State's Attorneys, a | ||||||
13 | proceeding for the enforcement
of this Act may be instituted | ||||||
14 | and prosecuted by the Attorney General in cases
referred by the | ||||||
15 | Illinois Department of Healthcare and Family Services
Public | ||||||
16 | Aid involving persons receiving
child support enforcement | ||||||
17 | services under Article X of the
Illinois Public Aid
Code. | ||||||
18 | Before referring a case to the Attorney General for enforcement | ||||||
19 | under
this Act, the Department of Healthcare and Family | ||||||
20 | Services
Public Aid shall notify the person receiving child
| ||||||
21 | support enforcement services under Article X of the Illinois
| ||||||
22 | Public Aid Code of
the Department's intent to refer the case to | ||||||
23 | the Attorney General under this
Section for prosecution.
| ||||||
24 | (Source: P.A. 91-613, eff. 10-1-99; 92-590, eff. 7-1-02; |
| |||||||
| |||||||
1 | revised 12-15-05.)
| ||||||
2 | (750 ILCS 16/20)
| ||||||
3 | Sec. 20. Entry of order for support; income withholding.
| ||||||
4 | (a) In a case in which no court or administrative order for | ||||||
5 | support is in
effect against the defendant:
| ||||||
6 | (1) at any time before the trial, upon motion of the | ||||||
7 | State's Attorney, or
of the Attorney General if the action | ||||||
8 | has been instituted by his office, and
upon notice to the | ||||||
9 | defendant, or at the time of arraignment or as a condition
| ||||||
10 | of postponement of arraignment, the court may enter such | ||||||
11 | temporary order for
support as may seem just, providing for | ||||||
12 | the support or maintenance of the
spouse or child or | ||||||
13 | children of the defendant, or both, pendente lite; or
| ||||||
14 | (2) before trial with the consent of the defendant, or | ||||||
15 | at the trial on
entry of a plea of guilty, or after | ||||||
16 | conviction, instead of imposing the penalty
provided in | ||||||
17 | this Act, or in addition thereto, the court may enter an | ||||||
18 | order for
support, subject to modification by the court | ||||||
19 | from time to time as
circumstances may require, directing | ||||||
20 | the defendant to pay a certain sum for
maintenance of the | ||||||
21 | spouse, or for support of the child or children, or both.
| ||||||
22 | (b) The court shall determine the amount of child support | ||||||
23 | by using the
guidelines and standards set forth in subsection | ||||||
24 | (a) of Section 505 and in
Section 505.2 of the Illinois | ||||||
25 | Marriage and Dissolution of Marriage Act.
|
| |||||||
| |||||||
1 | If (i) the non-custodial parent was properly served with a | ||||||
2 | request for
discovery of financial information relating to the | ||||||
3 | non-custodial parent's
ability to provide child support, (ii) | ||||||
4 | the non-custodial parent failed to
comply with the request, | ||||||
5 | despite having been ordered to do so by the court,
and (iii) | ||||||
6 | the non-custodial parent is not present at the hearing to | ||||||
7 | determine
support despite having received proper notice, then | ||||||
8 | any relevant financial
information concerning the | ||||||
9 | non-custodial parent's ability to provide support
that was | ||||||
10 | obtained pursuant to subpoena and proper notice shall be | ||||||
11 | admitted
into evidence without the need to establish any | ||||||
12 | further foundation for its
admission.
| ||||||
13 | (c) The court shall determine the amount of maintenance | ||||||
14 | using the standards
set forth in Section 504 of the Illinois | ||||||
15 | Marriage and Dissolution of Marriage
Act.
| ||||||
16 | (d) The court may, for violation of any order under this | ||||||
17 | Section, punish the
offender as for a contempt of court, but no | ||||||
18 | pendente lite order shall remain in
effect longer than 4 | ||||||
19 | months, or after the discharge of any panel of jurors
summoned | ||||||
20 | for service thereafter in such court, whichever is sooner.
| ||||||
21 | (e) Any order for support entered by the court under this | ||||||
22 | Section shall be
deemed to be a series of judgments against the | ||||||
23 | person obligated to pay support
under the judgments, each such | ||||||
24 | judgment to be in the amount of each payment or
installment of | ||||||
25 | support and each judgment to be deemed entered as of the date
| ||||||
26 | the corresponding payment or installment becomes due under the |
| |||||||
| |||||||
1 | terms of the
support order. Each judgment shall have the full | ||||||
2 | force, effect, and attributes
of any other judgment of this | ||||||
3 | State, including the ability to be enforced.
Each judgment is | ||||||
4 | subject to modification or termination only in accordance with
| ||||||
5 | Section 510 of the Illinois Marriage and Dissolution of | ||||||
6 | Marriage Act. A lien
arises by operation of law against the | ||||||
7 | real and personal property of the
noncustodial parent for each | ||||||
8 | installment of overdue support owed by the
noncustodial parent.
| ||||||
9 | (f) An order for support entered under this Section shall | ||||||
10 | include a
provision requiring the obligor to report to the | ||||||
11 | obligee and to the clerk of
the court within 10 days each time | ||||||
12 | the obligor obtains new employment, and each
time the obligor's | ||||||
13 | employment is terminated for any reason. The report shall
be in | ||||||
14 | writing and shall, in the case of new employment, include the | ||||||
15 | name and
address of the new employer.
| ||||||
16 | Failure to report new employment or the termination of | ||||||
17 | current employment,
if coupled with nonpayment of support for a | ||||||
18 | period in excess of 60 days, is
indirect criminal contempt. For | ||||||
19 | any obligor arrested for failure to report new
employment, bond | ||||||
20 | shall be set in the amount of the child support that should
| ||||||
21 | have been paid during the period of unreported
employment.
| ||||||
22 | An order for support entered under this Section shall also | ||||||
23 | include a
provision requiring the obligor and obligee parents | ||||||
24 | to advise each other of a
change in residence within 5 days of | ||||||
25 | the change except when the court finds
that the physical, | ||||||
26 | mental, or emotional health of a party or of a minor child,
or |
| |||||||
| |||||||
1 | both, would be seriously endangered by disclosure of the | ||||||
2 | party's address.
| ||||||
3 | (g) An order for support entered or modified in a case in | ||||||
4 | which a party is
receiving child support enforcement services | ||||||
5 | under Article X of the Illinois
Public Aid Code shall include a | ||||||
6 | provision requiring the noncustodial parent to
notify the | ||||||
7 | Illinois Department of Healthcare and Family Services
Public | ||||||
8 | Aid , within 7 days, of the name and
address of any new employer | ||||||
9 | of the noncustodial parent, whether the
noncustodial parent has | ||||||
10 | access to health insurance coverage through the
employer or | ||||||
11 | other group coverage and, if so, the policy name and number
and | ||||||
12 | the names of persons covered under the policy.
| ||||||
13 | (h) In any subsequent action to enforce an order for | ||||||
14 | support entered under
this Act, upon sufficient showing that | ||||||
15 | diligent effort has been made to
ascertain the location of the | ||||||
16 | noncustodial parent, service of process or
provision of notice | ||||||
17 | necessary in that action may be made at the last known
address | ||||||
18 | of the noncustodial parent, in any manner expressly provided by | ||||||
19 | the
Code of Civil Procedure or in this Act, which service shall | ||||||
20 | be sufficient for
purposes of due process.
| ||||||
21 | (i) An order for support shall include a date on which the | ||||||
22 | current support
obligation terminates. The termination date | ||||||
23 | shall be no earlier than the date
on which the child covered by | ||||||
24 | the order will attain the age of 18. However, if
the child will | ||||||
25 | not graduate from high school until after attaining the age of
| ||||||
26 | 18, then the termination date shall be no earlier than the |
| |||||||
| |||||||
1 | earlier of the date
on which the child's high school graduation | ||||||
2 | will occur or the date on which the
child will attain the age | ||||||
3 | of 19. The order for support shall state that the
termination | ||||||
4 | date does not apply to any arrearage that may remain unpaid on | ||||||
5 | that
date. Nothing in this subsection shall be construed to | ||||||
6 | prevent the court from
modifying the order or terminating the | ||||||
7 | order in the event the child is
otherwise emancipated.
| ||||||
8 | (i-5) If there is an unpaid arrearage or delinquency (as | ||||||
9 | those terms are defined in the Income Withholding for Support | ||||||
10 | Act) equal to at least one month's support obligation on the | ||||||
11 | termination date stated in the order for support or, if there | ||||||
12 | is no termination date stated in the order, on the date the | ||||||
13 | child attains the age of majority or is otherwise emancipated, | ||||||
14 | the periodic amount required to be paid for current support of | ||||||
15 | that child immediately prior to that date shall automatically | ||||||
16 | continue to be an obligation, not as current support but as | ||||||
17 | periodic payment toward satisfaction of the unpaid arrearage or | ||||||
18 | delinquency. That periodic payment shall be in addition to any | ||||||
19 | periodic payment previously required for satisfaction of the | ||||||
20 | arrearage or delinquency. The total periodic amount to be paid | ||||||
21 | toward satisfaction of the arrearage or delinquency may be | ||||||
22 | enforced and collected by any method provided by law for | ||||||
23 | enforcement and collection of child support, including but not | ||||||
24 | limited to income withholding under the Income Withholding for | ||||||
25 | Support Act. Each order for support entered or modified on or | ||||||
26 | after the effective date of this amendatory Act of the 93rd |
| |||||||
| |||||||
1 | General Assembly must contain a statement notifying the parties | ||||||
2 | of the requirements of this subsection. Failure to include the | ||||||
3 | statement in the order for support does not affect the validity | ||||||
4 | of the order or the operation of the provisions of this | ||||||
5 | subsection with regard to the order. This subsection shall not | ||||||
6 | be construed to prevent or affect the establishment or | ||||||
7 | modification of an order for support of a minor child or the | ||||||
8 | establishment or modification of an order for support of a | ||||||
9 | non-minor child or educational expenses under Section 513 of | ||||||
10 | the Illinois Marriage and Dissolution of Marriage Act.
| ||||||
11 | (j) A support obligation, or any portion of a support | ||||||
12 | obligation, which
becomes due and remains unpaid as of the end | ||||||
13 | of each month, excluding the child support that was due for | ||||||
14 | that month to the extent that it was not paid in that month, | ||||||
15 | shall accrue simple interest
as set forth in Section 12-109 of | ||||||
16 | the Code of Civil Procedure.
An order for support entered or | ||||||
17 | modified on or after January 1, 2006 shall
contain a statement | ||||||
18 | that a support obligation required under the order, or any
| ||||||
19 | portion of a support obligation required under the order, that | ||||||
20 | becomes due and
remains unpaid as of the end of each month, | ||||||
21 | excluding the child support that was due for that month to the | ||||||
22 | extent that it was not paid in that month, shall accrue simple | ||||||
23 | interest as set forth in Section 12-109 of the Code of Civil | ||||||
24 | Procedure. Failure to include the statement in the order for | ||||||
25 | support does
not affect the validity of the order or the | ||||||
26 | accrual of interest as provided in
this Section.
|
| |||||||
| |||||||
1 | (Source: P.A. 93-1061, eff. 1-1-05; 94-90, eff. 1-1-06; revised | ||||||
2 | 12-15-05.)
| ||||||
3 | (750 ILCS 16/25)
| ||||||
4 | Sec. 25. Payment of support to State Disbursement Unit; | ||||||
5 | clerk of the
court.
| ||||||
6 | (a) As used in this Section, "order for support", | ||||||
7 | "obligor", "obligee", and
"payor" mean those terms as defined | ||||||
8 | in the Income Withholding for Support Act.
| ||||||
9 | (b) Each order for support entered or modified under | ||||||
10 | Section 20 of this Act
shall require that support payments be | ||||||
11 | made to the State Disbursement Unit
established under the | ||||||
12 | Illinois Public Aid Code, under the following
circumstances:
| ||||||
13 | (1) when a party to the order is receiving child | ||||||
14 | support
enforcement services under Article X of the | ||||||
15 | Illinois Public Aid Code; or
| ||||||
16 | (2) when no party to the order is receiving child | ||||||
17 | support
enforcement services, but the support payments are | ||||||
18 | made through income
withholding.
| ||||||
19 | (c) When no party to the order is receiving child support
| ||||||
20 | enforcement services, and
payments are not being made through | ||||||
21 | income withholding, the court shall order
the
obligor to make | ||||||
22 | support payments to the clerk of the court.
| ||||||
23 | (d) At any time, and notwithstanding the existence of an | ||||||
24 | order
directing payments
to be made elsewhere, the Department | ||||||
25 | of Healthcare and Family Services
Public Aid may provide notice |
| |||||||
| |||||||
1 | to the
obligor and, where applicable, to the obligor's payor:
| ||||||
2 | (1) to make support payments to the State Disbursement | ||||||
3 | Unit if:
| ||||||
4 | (A) a party to the order for support is receiving | ||||||
5 | child support
enforcement services under Article X of | ||||||
6 | the Illinois Public Aid Code; or
| ||||||
7 | (B) no party to the order for support is receiving | ||||||
8 | child support
enforcement services under Article X of | ||||||
9 | the Illinois Public Aid Code, but the
support payments | ||||||
10 | are
made through income withholding; or
| ||||||
11 | (2) to make support payments to the State Disbursement | ||||||
12 | Unit of another
state upon request of another state's Title | ||||||
13 | IV-D child support enforcement
agency, in accordance with | ||||||
14 | the requirements of Title IV, Part D of the Social
Security | ||||||
15 | Act and regulations promulgated under that Part D.
| ||||||
16 | The Department of Healthcare and Family Services
Public Aid
| ||||||
17 | shall provide a copy of the notice to the
obligee
and to the | ||||||
18 | clerk of the circuit court.
| ||||||
19 | (e) If a State Disbursement Unit as specified by federal | ||||||
20 | law has not been
created in Illinois upon the effective date of | ||||||
21 | this Act, then, until the
creation of a State Disbursement Unit | ||||||
22 | as specified by federal law, the
following provisions regarding | ||||||
23 | payment and disbursement of support payments
shall control and | ||||||
24 | the provisions in subsections (a), (b), (c), and (d) shall be
| ||||||
25 | inoperative. Upon the creation of a State Disbursement Unit as | ||||||
26 | specified by
federal law, the payment and disbursement |
| |||||||
| |||||||
1 | provisions of subsections (a),
(b), (c), and (d) shall control, | ||||||
2 | and this subsection (e) shall be inoperative
to the extent that | ||||||
3 | it conflicts with those subsections.
| ||||||
4 | (1) In cases in which an order for support is entered | ||||||
5 | under Section 20 of
this Act, the court shall order that | ||||||
6 | maintenance and support payments be made
to the clerk of | ||||||
7 | the court for remittance to the person or agency entitled | ||||||
8 | to
receive the payments. However, the court in its | ||||||
9 | discretion may direct
otherwise where exceptional | ||||||
10 | circumstances so warrant.
| ||||||
11 | (2) The court shall direct that support payments be | ||||||
12 | sent by the clerk to
(i) the Illinois Department of | ||||||
13 | Healthcare and Family Services
Public Aid if the person in | ||||||
14 | whose behalf
payments are made is receiving aid under | ||||||
15 | Articles III, IV, or V of the Illinois
Public Aid Code, or | ||||||
16 | child support enforcement services under
Article X of the
| ||||||
17 | Code, or (ii) to the local governmental unit responsible | ||||||
18 | for the support of the
person if he or she is a recipient | ||||||
19 | under Article VI of the Code. In accordance
with federal | ||||||
20 | law and regulations, the Illinois Department of Healthcare | ||||||
21 | and Family Services
Public Aid may
continue to collect | ||||||
22 | current maintenance payments or child support payments, or
| ||||||
23 | both, after those persons cease to receive public | ||||||
24 | assistance and until
termination of services under Article | ||||||
25 | X of the Illinois Public Aid Code. The
Illinois Department | ||||||
26 | shall pay the net
amount collected to those persons after |
| |||||||
| |||||||
1 | deducting any costs incurred in making
the collection or | ||||||
2 | any collection fee from the amount of any recovery made. | ||||||
3 | The
order shall permit the Illinois Department of | ||||||
4 | Healthcare and Family Services
Public Aid or the local
| ||||||
5 | governmental unit, as the case may be, to direct that | ||||||
6 | support payments be made
directly to the spouse, children, | ||||||
7 | or both, or to some person or agency in their
behalf, upon | ||||||
8 | removal of the spouse or children from the public aid rolls | ||||||
9 | or
upon termination of services under Article X of the | ||||||
10 | Illinois Public Aid Code;
and upon such direction, the | ||||||
11 | Illinois Department or the local governmental
unit, as the | ||||||
12 | case requires, shall give notice of such action to the | ||||||
13 | court in
writing or by electronic transmission.
| ||||||
14 | (3) The clerk of the court shall establish and maintain | ||||||
15 | current records of
all moneys received and disbursed and of | ||||||
16 | delinquencies and defaults in required
payments. The | ||||||
17 | court, by order or rule, shall make provision for the | ||||||
18 | carrying
out of these duties.
| ||||||
19 | (4) (Blank).
| ||||||
20 | (5) Payments under this Section to the Illinois
| ||||||
21 | Department of Healthcare and Family Services
Public Aid
| ||||||
22 | pursuant to the Child Support Enforcement Program | ||||||
23 | established by Title IV-D of
the Social Security Act shall | ||||||
24 | be paid into the Child Support Enforcement Trust
Fund. All | ||||||
25 | other payments under this Section to the Illinois
| ||||||
26 | Department of Healthcare and Family Services
Public Aid
|
| |||||||
| |||||||
1 | shall be deposited in the Public Assistance Recoveries | ||||||
2 | Trust Fund.
Disbursements from these funds shall be as | ||||||
3 | provided in the Illinois Public Aid
Code. Payments received | ||||||
4 | by a local governmental unit shall be deposited in
that | ||||||
5 | unit's General Assistance Fund.
| ||||||
6 | (6) For those cases in which child support is payable | ||||||
7 | to the clerk of the
circuit court for transmittal to the | ||||||
8 | Department of Healthcare and Family Services (formerly
| ||||||
9 | Illinois Department of Public Aid ) by order
of
court or | ||||||
10 | upon notification by the Department of Healthcare and | ||||||
11 | Family Services (formerly Illinois Department of Public | ||||||
12 | Aid ) , the clerk
shall
transmit all such payments, within 4 | ||||||
13 | working days of receipt, to insure that
funds
are available | ||||||
14 | for immediate distribution by the Department to the person | ||||||
15 | or
entity
entitled thereto in accordance with standards of | ||||||
16 | the Child Support Enforcement
Program established under | ||||||
17 | Title IV-D of the Social Security Act. The clerk
shall
| ||||||
18 | notify the Department of the date of receipt and amount | ||||||
19 | thereof at the time of
transmittal. Where the clerk has | ||||||
20 | entered into an agreement of cooperation with
the | ||||||
21 | Department to record the terms of child support orders and | ||||||
22 | payments made
thereunder directly into the Department's | ||||||
23 | automated data processing system, the
clerk shall account | ||||||
24 | for, transmit and otherwise distribute child support
| ||||||
25 | payments
in accordance with such agreement in lieu of the | ||||||
26 | requirements contained
herein.
|
| |||||||
| |||||||
1 | (Source: P.A. 94-88, eff. 1-1-06; revised 12-15-05.)
| ||||||
2 | (750 ILCS 16/30)
| ||||||
3 | Sec. 30. Information to State Case Registry.
| ||||||
4 | (a) In this Section:
| ||||||
5 | "Order for support", "obligor", "obligee", and "business | ||||||
6 | day" are defined as
set forth in the
Income Withholding for | ||||||
7 | Support Act.
| ||||||
8 | "State Case Registry" means the State Case Registry | ||||||
9 | established under Section
10-27 of the Illinois Public Aid | ||||||
10 | Code.
| ||||||
11 | (b) Each order for support entered or modified by the | ||||||
12 | circuit court under
this Act shall require that the obligor and | ||||||
13 | obligee (i) file with the clerk of
the
circuit court the | ||||||
14 | information required by this Section (and any other
information | ||||||
15 | required under Title IV, Part D of the Social Security Act or | ||||||
16 | by
the
federal Department of Health and Human Services) at the | ||||||
17 | time of
entry or modification of the order for support and (ii) | ||||||
18 | file updated
information with the clerk within 5 business days | ||||||
19 | of any change.
Failure of the obligor or obligee to file or | ||||||
20 | update the required information
shall be
punishable as in cases | ||||||
21 | of contempt. The failure shall not prevent the court
from | ||||||
22 | entering
or modifying the order for support, however.
| ||||||
23 | (c) The obligor shall file the following information: the | ||||||
24 | obligor's name,
date of birth, social security number, and | ||||||
25 | mailing address.
|
| |||||||
| |||||||
1 | If either the obligor or the obligee receives child support | ||||||
2 | enforcement
services from the Illinois Department
of | ||||||
3 | Healthcare and Family Services
Public Aid
under Article X of | ||||||
4 | the Illinois Public Aid Code, the obligor
shall also file the | ||||||
5 | following information: the obligor's telephone number,
| ||||||
6 | driver's license number, and residential address (if different | ||||||
7 | from the
obligor's mailing address), and the name, address, and | ||||||
8 | telephone number of the
obligor's employer or employers.
| ||||||
9 | (d) The obligee shall file the following information:
| ||||||
10 | (1) The names of the obligee and the child or children | ||||||
11 | covered by the
order for support.
| ||||||
12 | (2) The dates of birth of the obligee and the child or | ||||||
13 | children covered by
the order for support.
| ||||||
14 | (3) The social security numbers of the obligee and the | ||||||
15 | child or children
covered by the order for support.
| ||||||
16 | (4) The obligee's mailing address.
| ||||||
17 | (e) In cases in which the obligee receives child support | ||||||
18 | enforcement
services from the Illinois Department
of | ||||||
19 | Healthcare and Family Services
Public Aid
under Article X of | ||||||
20 | the Illinois Public
Aid Code, the order for support shall (i) | ||||||
21 | require that the obligee file the
information required under | ||||||
22 | subsection (d) with the Illinois Department of Healthcare and | ||||||
23 | Family Services
Public Aid for inclusion in the State Case | ||||||
24 | Registry, rather
than file the information with the clerk, and | ||||||
25 | (ii) require that the obligee
include the following additional | ||||||
26 | information:
|
| |||||||
| |||||||
1 | (1) The obligee's telephone and driver's license | ||||||
2 | numbers.
| ||||||
3 | (2) The obligee's residential address, if different | ||||||
4 | from the obligee's
mailing address.
| ||||||
5 | (3) The name, address, and telephone number of the | ||||||
6 | obligee's employer or
employers.
| ||||||
7 | The order for support shall also require that the obligee | ||||||
8 | update
the information filed with the Illinois Department of | ||||||
9 | Healthcare and Family Services
Public Aid within 5
business | ||||||
10 | days of any change.
| ||||||
11 | (f) The clerk shall provide the information filed under | ||||||
12 | this Section,
together with the court docket number and county | ||||||
13 | in which the order for support
was entered, to the State Case | ||||||
14 | Registry within 5 business days after receipt of
the | ||||||
15 | information.
| ||||||
16 | (g) In a case in which a party is receiving child support | ||||||
17 | enforcement
services under Article X of the Illinois Public Aid | ||||||
18 | Code, the clerk shall
provide the following additional | ||||||
19 | information to the State Case Registry within
5 business days | ||||||
20 | after entry or modification of an order for support or request
| ||||||
21 | from the Illinois Department of Healthcare and Family Services
| ||||||
22 | Public Aid :
| ||||||
23 | (1) The amount of monthly or other periodic support | ||||||
24 | owed under the order
for support and other amounts, | ||||||
25 | including arrearage, interest, or late payment
penalties | ||||||
26 | and fees, due or overdue under the order.
|
| |||||||
| |||||||
1 | (2) Any such amounts that have been received by the | ||||||
2 | clerk, and the
distribution of those amounts by the clerk.
| ||||||
3 | (h) Information filed by the obligor and obligee under this | ||||||
4 | Section that is
not specifically required to be included in the | ||||||
5 | body of an order for support
under other laws is not a public | ||||||
6 | record and shall be treated as
confidential and subject to | ||||||
7 | disclosure only in accordance with the provisions
of this | ||||||
8 | Section, Section 10-27 of the Illinois Public Aid Code, and | ||||||
9 | Title IV,
Part D of the Social Security Act.
| ||||||
10 | (Source: P.A. 91-613, eff. 10-1-99; 92-463, eff. 8-22-01; | ||||||
11 | revised 12-15-05.)
| ||||||
12 | (750 ILCS 16/35)
| ||||||
13 | Sec. 35. Fine; release of defendant on probation; violation | ||||||
14 | of order for
support;
forfeiture of recognizance.
| ||||||
15 | (a) Whenever a fine is imposed it may be directed by the | ||||||
16 | court to be paid,
in
whole or in part, to the spouse, | ||||||
17 | ex-spouse, or if the support of a child or
children is
| ||||||
18 | involved, to the custodial parent, to the clerk, probation | ||||||
19 | officer, or to the
Illinois
Department of Healthcare and Family | ||||||
20 | Services
Public Aid if a recipient of child support
enforcement | ||||||
21 | services
under Article X of the Illinois Public Aid Code is | ||||||
22 | involved as the case
requires, to be
disbursed by such
officers | ||||||
23 | or agency under the terms of the order.
| ||||||
24 | (b) The court may also relieve the defendant from custody | ||||||
25 | on probation for
the
period fixed in the order or judgment upon |
| |||||||
| |||||||
1 | his or her entering into a
recognizance, with
or without | ||||||
2 | surety, in the sum as the court orders and approves. The | ||||||
3 | condition
of the
recognizance shall be such that if the | ||||||
4 | defendant makes his or her personal
appearance in
court | ||||||
5 | whenever ordered to do so by the court, during such period as | ||||||
6 | may be so
fixed, and
further complies with the terms of the | ||||||
7 | order for support, or any subsequent
modification
of the order, | ||||||
8 | then the recognizance shall be void; otherwise it will remain | ||||||
9 | in
full force and
effect.
| ||||||
10 | (c) If the court is satisfied by testimony in open court, | ||||||
11 | that at any time
during the
period of one year the defendant | ||||||
12 | has violated the terms of the order for
support, it may
proceed | ||||||
13 | with the trial of the defendant under the original charge, or | ||||||
14 | sentence
him or her under the original conviction, or enforce | ||||||
15 | the suspended sentence, as
the case
may be. In case of | ||||||
16 | forfeiture of recognizance, and enforcement of recognizance
by
| ||||||
17 | execution, the sum so recovered may, in the discretion of the | ||||||
18 | court, be paid,
in whole or
in part, to the spouse, ex-spouse, | ||||||
19 | or if the support of a child or children is
involved, to the
| ||||||
20 | custodial parent, to the clerk, or to the Illinois Department | ||||||
21 | of Healthcare and Family Services
Public Aid if
a recipient of
| ||||||
22 | child support enforcement services under Article X of the
| ||||||
23 | Illinois Public Aid Code is
involved as the case requires, to | ||||||
24 | be disbursed by the clerk or the Department
under the
terms of | ||||||
25 | the order.
| ||||||
26 | (Source: P.A. 91-613, eff. 10-1-99; 92-590, eff. 7-1-02; |
| |||||||
| |||||||
1 | revised 12-15-05.)
| ||||||
2 | (750 ILCS 16/60)
| ||||||
3 | Sec. 60. Unemployed persons owing duty of support.
| ||||||
4 | (a) Whenever it is determined in a proceeding to establish | ||||||
5 | or enforce a
child support or maintenance obligation that the | ||||||
6 | person owing a duty of support
is unemployed, the court may | ||||||
7 | order the person to seek employment and report
periodically to | ||||||
8 | the court with a diary, listing or other memorandum of his or
| ||||||
9 | her efforts in accordance with such order. Additionally, the | ||||||
10 | court may order
the unemployed person to report to the | ||||||
11 | Department of Employment Security for
job search services or to | ||||||
12 | make application with the local Job
Training Partnership Act | ||||||
13 | provider for participation in job search, training,
or work | ||||||
14 | programs and where the duty of support is owed to a child | ||||||
15 | receiving
child support enforcement services under Article X of | ||||||
16 | the Illinois
Public Aid Code the court may
order the unemployed | ||||||
17 | person to report to the Illinois Department of Healthcare and | ||||||
18 | Family Services
Public Aid
for participation in job search, | ||||||
19 | training, or work programs established under
Section 9-6 and | ||||||
20 | Article IXA of that Code.
| ||||||
21 | (b) Whenever it is determined that a person owes past due | ||||||
22 | support for a
child or for a child and the parent with whom the | ||||||
23 | child is living, and the
child is receiving assistance under | ||||||
24 | the Illinois Public Aid Code, the court
shall order at the | ||||||
25 | request of the Illinois Department of Healthcare and Family |
| |||||||
| |||||||
1 | Services
Public Aid :
| ||||||
2 | (1) that the person pay the past-due support in | ||||||
3 | accordance with a plan
approved by the court; or
| ||||||
4 | (2) if the person owing past-due support is unemployed, | ||||||
5 | is subject to such
a plan, and is not incapacitated, that | ||||||
6 | the person participate in such job
search, training, or | ||||||
7 | work programs established under Section 9-6 and Article
IXA | ||||||
8 | of the Illinois Public Aid Code as the court deems | ||||||
9 | appropriate.
| ||||||
10 | (Source: P.A. 91-613, eff. 10-1-99; 92-16, eff. 6-28-01; | ||||||
11 | 92-590, eff. 7-1-02; revised 12-15-05.)
| ||||||
12 | Section 1135. The Uniform Interstate Family Support Act is | ||||||
13 | amended by changing Sections 103, 310, and 320 as follows:
| ||||||
14 | (750 ILCS 22/103) (was 750 ILCS 22/102)
| ||||||
15 | Sec. 103. Tribunal of State. The circuit court is a | ||||||
16 | tribunal of this
State. The Illinois Department of Healthcare | ||||||
17 | and Family Services
Public Aid is an initiating tribunal. The
| ||||||
18 | Illinois Department of Healthcare and Family Services
Public | ||||||
19 | Aid is also a responding tribunal of this State
to the extent | ||||||
20 | that it can administratively establish paternity and | ||||||
21 | establish,
modify, and enforce an administrative child-support | ||||||
22 | order under authority of
Article X of the Illinois Public Aid | ||||||
23 | Code.
| ||||||
24 | (Source: P.A. 93-479, eff. 1-1-04, operative 7-1-04; revised |
| |||||||
| |||||||
1 | 12-15-05.)
| ||||||
2 | (750 ILCS 22/310)
| ||||||
3 | Sec. 310. Duties of the Illinois Department of Healthcare | ||||||
4 | and Family Services
Public Aid .
| ||||||
5 | (a) The Illinois Department of Healthcare and Family | ||||||
6 | Services
Public Aid is the state information agency
under this | ||||||
7 | Act.
| ||||||
8 | (b) The state information agency shall:
| ||||||
9 | (1) compile and maintain a current list, including | ||||||
10 | addresses, of the
tribunals in this State which have | ||||||
11 | jurisdiction under this Act and any
support enforcement | ||||||
12 | agencies in this State and transmit a copy to the state
| ||||||
13 | information agency of every other state;
| ||||||
14 | (2) maintain a register of names and addresses of | ||||||
15 | tribunals and
support enforcement agencies received from | ||||||
16 | other states;
| ||||||
17 | (3) forward to the appropriate tribunal in the county | ||||||
18 | in this State in
which the obligee who is an individual or | ||||||
19 | the obligor resides, or in which
the obligor's property is | ||||||
20 | believed to be located, all documents concerning a
| ||||||
21 | proceeding under this Act received from an initiating | ||||||
22 | tribunal or the state
information agency of the initiating | ||||||
23 | state; and
| ||||||
24 | (4) obtain information concerning the location of the | ||||||
25 | obligor and the
obligor's property within this State not |
| |||||||
| |||||||
1 | exempt from execution, by such means
as postal verification | ||||||
2 | and federal or state locator services, examination of
| ||||||
3 | telephone directories, requests for the obligor's address | ||||||
4 | from employers, and
examination of governmental records, | ||||||
5 | including, to the extent not prohibited by
other law, those | ||||||
6 | relating to real property, vital statistics, law | ||||||
7 | enforcement,
taxation, motor vehicles, driver's licenses, | ||||||
8 | and social security.
| ||||||
9 | (c) The Illinois Department of Healthcare and Family | ||||||
10 | Services
Public Aid may determine that a foreign
country or | ||||||
11 | political subdivision has established a reciprocal arrangement | ||||||
12 | for
child support with Illinois and take appropriate action for | ||||||
13 | notification of
this determination.
| ||||||
14 | (Source: P.A. 93-479, eff. 1-1-04, operative 7-1-04; revised | ||||||
15 | 12-15-05.)
| ||||||
16 | (750 ILCS 22/320)
| ||||||
17 | Sec. 320. Payment of Support to State Disbursement Unit.
| ||||||
18 | (a) As used in this Section:
| ||||||
19 | "Order for support", "obligor", "obligee", and "payor" | ||||||
20 | mean those terms as
defined in the Income Withholding for | ||||||
21 | Support Act,
except that "order for
support" means an order | ||||||
22 | entered by any tribunal of this State but shall not
mean orders | ||||||
23 | providing for spousal maintenance under which
there is no child | ||||||
24 | support obligation.
| ||||||
25 | (b) Notwithstanding any other provision of this Act to the |
| |||||||
| |||||||
1 | contrary, each
order
for
support entered or modified on or | ||||||
2 | after October 1, 1999 shall require that
support
payments be | ||||||
3 | made to the State Disbursement Unit established under Section | ||||||
4 | 10-26
of the
Illinois Public Aid Code if:
| ||||||
5 | (1) a party to the order is receiving child support
| ||||||
6 | enforcement services
under Article X of the Illinois Public | ||||||
7 | Aid Code; or
| ||||||
8 | (2) no party to the order is receiving child support
| ||||||
9 | enforcement services,
but
the support payments are made | ||||||
10 | through income withholding.
| ||||||
11 | (c) Support payments shall be made to the State
| ||||||
12 | Disbursement Unit if:
| ||||||
13 | (1) the order for support was entered before October 1, | ||||||
14 | 1999, and a party
to the order is receiving child support | ||||||
15 | enforcement services
under Article X
of the Illinois Public | ||||||
16 | Aid Code; or
| ||||||
17 | (2) no party to the order is receiving child support | ||||||
18 | enforcement services, and the support payments
are being | ||||||
19 | made through income withholding.
| ||||||
20 | (c-5) If no party to the order is receiving child support
| ||||||
21 | enforcement services under Article X of the Illinois Public Aid | ||||||
22 | Code, and
the support
payments are not made through income | ||||||
23 | withholding, then support payments shall
be made as directed by | ||||||
24 | the order for support.
| ||||||
25 | (c-10) At any time, and notwithstanding the existence of an | ||||||
26 | order
directing payments
to be made elsewhere, the Department |
| |||||||
| |||||||
1 | of Healthcare and Family Services
Public Aid may provide notice | ||||||
2 | to the
obligor and, where applicable, to the obligor's payor:
| ||||||
3 | (1) to make support payments to the State Disbursement | ||||||
4 | Unit if:
| ||||||
5 | (A) a party to the order for support is receiving | ||||||
6 | child support
enforcement services under Article X of | ||||||
7 | the Illinois Public Aid Code; or
| ||||||
8 | (B) no party to the order for support is receiving | ||||||
9 | child support
enforcement services under Article X of | ||||||
10 | the Illinois Public Aid Code, but the
support payments | ||||||
11 | are
made through income withholding; or
| ||||||
12 | (2) to make support payments to the State Disbursement | ||||||
13 | Unit of another
state upon request of another state's Title | ||||||
14 | IV-D child support enforcement
agency, in accordance with | ||||||
15 | the requirements of Title IV, Part D of the Social
Security | ||||||
16 | Act and regulations promulgated under that Part D.
| ||||||
17 | The Department of Healthcare and Family Services
Public Aid
| ||||||
18 | shall provide a copy of the notice to the
obligee
and to the | ||||||
19 | clerk of the circuit court.
| ||||||
20 | (c-15) Within 15 days after the effective date of this | ||||||
21 | amendatory Act of the
91st General
Assembly, the clerk of the | ||||||
22 | circuit court shall provide written notice to the
obligor to
| ||||||
23 | make payments
directly to the clerk of the circuit court if no | ||||||
24 | party to the order is
receiving child
support enforcement | ||||||
25 | services under Article X of the Illinois Public Aid
Code, the | ||||||
26 | support
payments are not made through income withholding, and |
| |||||||
| |||||||
1 | the order for
support requires support payments to be made | ||||||
2 | directly to the clerk of the
circuit court. The clerk shall | ||||||
3 | provide a copy of the notice to the
obligee.
| ||||||
4 | (c-20) If the State Disbursement Unit receives a support | ||||||
5 | payment that was
not
appropriately
made to the Unit under this | ||||||
6 | Section, the Unit shall immediately return the
payment to the | ||||||
7 | sender, including, if possible, instructions detailing where | ||||||
8 | to
send the support payments.
| ||||||
9 | (d) The notices under subsections (c-10) and
(c-15) may be | ||||||
10 | sent by ordinary mail,
certified mail, return receipt | ||||||
11 | requested, facsimile transmission, or other
electronic | ||||||
12 | process, or may be served upon the obligor or payor using any | ||||||
13 | method
provided by law for service of a summons.
| ||||||
14 | (Source: P.A. 91-677, eff. 1-5-00; 92-590, eff. 7-1-02; revised | ||||||
15 | 12-15-05.)
| ||||||
16 | Section 1140. The Unified Child Support Services Act is | ||||||
17 | amended by changing Section 5 as follows:
| ||||||
18 | (750 ILCS 24/5)
| ||||||
19 | Sec. 5. Definitions. In this Act:
| ||||||
20 | "Child support services" mean any services provided with | ||||||
21 | respect to parentage
establishment, support establishment, | ||||||
22 | medical support establishment, support
modification, or | ||||||
23 | support enforcement.
| ||||||
24 | "Child support specialist" means a paralegal, attorney, or |
| |||||||
| |||||||
1 | other staff
member with specialized training in child support | ||||||
2 | services.
| ||||||
3 | "Current child support case" means a case that is pending | ||||||
4 | in the IV-D Child
Support Program for which any action is being | ||||||
5 | taken by a Unified Child Support
Services Program.
| ||||||
6 | "Department" means the Illinois Department of Healthcare | ||||||
7 | and Family Services
Public Aid .
| ||||||
8 | "IV-D Child Support Program" means the child support | ||||||
9 | enforcement program
established pursuant to Title IV, Part D of | ||||||
10 | the federal Social Security Act and
Article X of the Illinois | ||||||
11 | Public Aid Code.
| ||||||
12 | "KIDS" means the Key Information Delivery System that | ||||||
13 | includes a statewide
database of all cases in the IV-D Child | ||||||
14 | Support Program.
| ||||||
15 | "Medicaid" means the medical assistance program under | ||||||
16 | Article V of the
Illinois Public Aid Code.
| ||||||
17 | "Obligor" and "obligee" mean those terms as defined in the | ||||||
18 | Income Withholding
for Support Act.
| ||||||
19 | "Plan" means a plan for a Unified Child Support Services | ||||||
20 | Program.
| ||||||
21 | "Program" means the Unified Child Support Services Program | ||||||
22 | in a county or
group of counties.
| ||||||
23 | "State Disbursement Unit" means the State Disbursement | ||||||
24 | Unit established under
Section 10-26 of the Illinois Public Aid | ||||||
25 | Code.
| ||||||
26 | "State's Attorney" means the duly elected State's Attorney |
| |||||||
| |||||||
1 | of an Illinois
county or
2 or more State's Attorneys who have | ||||||
2 | formed a consortium for purposes of
managing a
Unified Child | ||||||
3 | Support Services Program within a specific region of the State.
| ||||||
4 | "Temporary Assistance for Needy Families" means the | ||||||
5 | Temporary Assistance for
Needy Families (TANF) program under | ||||||
6 | Article IV of the Illinois Public Aid Code.
| ||||||
7 | (Source: P.A. 92-876, eff. 6-1-03; revised 12-15-05.)
| ||||||
8 | Section 1145. The Expedited Child Support Act of 1990 is | ||||||
9 | amended by changing Sections 3 and 6 as follows:
| ||||||
10 | (750 ILCS 25/3) (from Ch. 40, par. 2703)
| ||||||
11 | Sec. 3. Definitions. For the purposes of this Act, the | ||||||
12 | following
terms shall have the following meaning:
| ||||||
13 | (a) "Administrative Hearing Officer" shall mean the person | ||||||
14 | employed by
the Chief Judge of the Circuit Court of each county | ||||||
15 | establishing an
Expedited Child Support System for the purpose | ||||||
16 | of hearing child support and
parentage matters and making | ||||||
17 | recommendations.
| ||||||
18 | (b) "Administrative expenses" shall mean, but not be | ||||||
19 | limited to, the
costs of personnel, travel, equipment, | ||||||
20 | telecommunications, postage, space,
contractual services, and | ||||||
21 | other related costs necessary to implement the
provisions of | ||||||
22 | this Act.
| ||||||
23 | (c) "Arrearage" shall mean the total amount of unpaid child | ||||||
24 | support
obligations.
|
| |||||||
| |||||||
1 | (d) "Department" shall mean the Illinois Department of | ||||||
2 | Healthcare and Family Services
Public Aid .
| ||||||
3 | (e) "Expedited child support hearing" shall mean
a hearing | ||||||
4 | before an Administrative Hearing Officer
pursuant to this Act.
| ||||||
5 | (f) "Federal time frames" shall mean the time frames | ||||||
6 | established for the
IV-D program in regulations promulgated by
| ||||||
7 | the United States Department of Health and Human Services, | ||||||
8 | Office of Child
Support Enforcement, (codified at 45 C.F.R. | ||||||
9 | 303), for the disposition of
parentage and child support cases | ||||||
10 | and shall, for purposes of this Act,
apply to all parentage and | ||||||
11 | child support matters, whether IV-D or non-IV-D.
| ||||||
12 | (g) "System" shall mean the procedures and personnel | ||||||
13 | created by this Act
for the expedited establishment, | ||||||
14 | modification, and enforcement of child
support orders, and for | ||||||
15 | the expedited establishment of parentage.
| ||||||
16 | (h) "IV-D program" shall mean the Child Support Enforcement | ||||||
17 | Program
established pursuant to Title IV, Part D of the Social | ||||||
18 | Security Act, (42
U.S.C. 651 et seq.) as administered by the | ||||||
19 | Illinois Department of Healthcare and Family Services
Public | ||||||
20 | Aid .
| ||||||
21 | (i) "Medical support" shall mean support provided pursuant | ||||||
22 | to Section
505.2 of the Illinois Marriage and Dissolution of | ||||||
23 | Marriage Act.
| ||||||
24 | (j) "Obligee" shall mean the individual to whom a duty of | ||||||
25 | support is owed
or that individual's legal representative.
| ||||||
26 | (k) "Obligor" shall mean the individual who owes a duty to |
| |||||||
| |||||||
1 | make payments
under an order of support.
| ||||||
2 | (l) "Plan" shall mean the plan submitted by the Chief Judge | ||||||
3 | of a
Judicial Circuit to the Supreme Court for the creation of | ||||||
4 | an Expedited
Child Support System in such circuit pursuant to | ||||||
5 | this Act.
| ||||||
6 | (m) "Pre-hearing motions" shall mean all motions, the | ||||||
7 | disposition of
which requires a court order, except motions for | ||||||
8 | the ultimate relief
requested in the petition to commence the | ||||||
9 | action.
| ||||||
10 | (n) "Recommendations" shall mean the Administrative | ||||||
11 | Hearing Officer's
proposed findings of fact, recommended | ||||||
12 | orders and any other recommendations
made by the Administrative | ||||||
13 | Hearing Officer.
| ||||||
14 | (Source: P.A. 86-1401; revised 12-15-05.)
| ||||||
15 | (750 ILCS 25/6) (from Ch. 40, par. 2706)
| ||||||
16 | Sec. 6. Authority of hearing officers.
| ||||||
17 | (a) With the exception of
judicial functions exclusively | ||||||
18 | retained by the court in Section 8 of this
Act and in | ||||||
19 | accordance with Supreme Court rules promulgated pursuant to | ||||||
20 | this
Act, Administrative Hearing Officers shall be authorized | ||||||
21 | to:
| ||||||
22 | (1) Accept voluntary agreements reached by the parties | ||||||
23 | setting the amount
of child support to be paid and medical | ||||||
24 | support liability and recommend the
entry of orders | ||||||
25 | incorporating such agreements.
|
| |||||||
| |||||||
1 | (2) Accept voluntary acknowledgments of parentage and | ||||||
2 | recommend entry
of an order establishing parentage based on | ||||||
3 | such acknowledgement. Prior to
accepting such | ||||||
4 | acknowledgment, the Administrative Hearing Officer shall
| ||||||
5 | advise the putative father of his rights and obligations in | ||||||
6 | accordance with
Supreme Court rules promulgated pursuant | ||||||
7 | to this Act.
| ||||||
8 | (3) Manage all stages of discovery, including
setting | ||||||
9 | deadlines by which discovery must be completed; and | ||||||
10 | directing
the parties to submit to appropriate tests | ||||||
11 | pursuant to Section 11 of the
Illinois Parentage Act of | ||||||
12 | 1984.
| ||||||
13 | (4) Cause notices to be issued requiring the Obligor to | ||||||
14 | appear either
before the Administrative Hearing Officer or | ||||||
15 | in court.
| ||||||
16 | (5) Administer the oath or affirmation and take | ||||||
17 | testimony under oath
or affirmation.
| ||||||
18 | (6) Analyze the evidence and prepare written | ||||||
19 | recommendations based on
such evidence, including but not | ||||||
20 | limited to: (i) proposed findings as to
the amount of the | ||||||
21 | Obligor's income; (ii) proposed findings as to the amount
| ||||||
22 | and nature of appropriate deductions from the Obligor's | ||||||
23 | income to determine
the Obligor's net income; (iii) | ||||||
24 | proposed findings as to the existence of
relevant factors | ||||||
25 | as set forth in subsection (a)(2) of Section 505 of the
| ||||||
26 | Illinois Marriage and Dissolution of Marriage Act, which |
| |||||||
| |||||||
1 | justify setting
child support payment levels above or below | ||||||
2 | the guidelines; (iv)
recommended orders for temporary | ||||||
3 | child support; (v) recommended orders
setting the amount of | ||||||
4 | current child support to be paid; (vi) proposed
findings as | ||||||
5 | to the existence and amount of any arrearages; (vii)
| ||||||
6 | recommended orders reducing any arrearages to judgement | ||||||
7 | and for the payment
of amounts towards such arrearages; | ||||||
8 | (viii) proposed findings as to whether
there has been a | ||||||
9 | substantial change of circumstances since the entry of the
| ||||||
10 | last child support order, or other circumstances | ||||||
11 | justifying a modification
of the child support order; and | ||||||
12 | (ix) proposed findings as to whether the
Obligor is | ||||||
13 | employed.
| ||||||
14 | (7) With respect to any unemployed Obligor who is not | ||||||
15 | making child
support payments or is otherwise unable to | ||||||
16 | provide support, recommend that
the Obligor be ordered to | ||||||
17 | seek employment and report periodically of
his or her | ||||||
18 | efforts in accordance with such order. Additionally, the
| ||||||
19 | Administrative Hearing Officer may recommend that the | ||||||
20 | Obligor be ordered to
report to the Department of | ||||||
21 | Employment Security for job search services or
to make | ||||||
22 | application with the local Job Training Partnership Act
| ||||||
23 | provider for participation in job search, training or work | ||||||
24 | programs and, where
the duty of support is owed to a child | ||||||
25 | receiving child support
enforcement services under
Article | ||||||
26 | X of the Illinois Public Aid Code, the Administrative |
| |||||||
| |||||||
1 | Hearing
Officer may recommend that the Obligor be ordered | ||||||
2 | to report to the Illinois
Department of Healthcare and | ||||||
3 | Family Services
Public Aid for participation in the job | ||||||
4 | search, training or
work programs established under | ||||||
5 | Section 9-6 of the Illinois Public Aid Code.
| ||||||
6 | (8) Recommend the registration of any foreign support | ||||||
7 | judgments or orders
as the judgments or orders of Illinois.
| ||||||
8 | (b) In any case in which the Obligee is not participating | ||||||
9 | in the IV-D
program or has not applied to participate in the | ||||||
10 | IV-D program, the
Administrative Hearing Officer shall:
| ||||||
11 | (1) inform the Obligee of the existence of the IV-D | ||||||
12 | program and provide
applications on request; and
| ||||||
13 | (2) inform the Obligee and the Obligor of the option of | ||||||
14 | requesting
payment to be made through the Clerk of the | ||||||
15 | Circuit Court.
| ||||||
16 | If a request for payment through the Clerk is made, the | ||||||
17 | Administrative
Hearing Officer shall note this fact in the | ||||||
18 | recommendations to the court.
| ||||||
19 | (c) The Administrative Hearing Officer may make | ||||||
20 | recommendations in
addition to the proposed findings of fact | ||||||
21 | and recommended order to which
the parties have agreed.
| ||||||
22 | (Source: P.A. 92-16, eff. 6-28-01; 92-590, eff. 7-1-02; revised | ||||||
23 | 12-15-05.)
| ||||||
24 | Section 1150. The Income Withholding for Support Act is | ||||||
25 | amended by changing Sections 15, 22, and 45 as follows:
|
| |||||||
| |||||||
1 | (750 ILCS 28/15)
| ||||||
2 | Sec. 15. Definitions.
| ||||||
3 | (a) "Order for support" means any order of the court
which | ||||||
4 | provides for periodic payment of funds for the support of a | ||||||
5 | child
or maintenance of a spouse, whether temporary or final, | ||||||
6 | and includes any
such order which provides for:
| ||||||
7 | (1) modification or resumption of, or payment of | ||||||
8 | arrearage, including interest, accrued under,
a previously | ||||||
9 | existing order;
| ||||||
10 | (2) reimbursement of support;
| ||||||
11 | (3) payment or reimbursement of the expenses of | ||||||
12 | pregnancy and delivery
(for orders for support entered | ||||||
13 | under the Illinois Parentage Act of 1984 or its
predecessor | ||||||
14 | the Paternity Act); or
| ||||||
15 | (4) enrollment in a health insurance plan that is | ||||||
16 | available to the
obligor through an employer or labor union | ||||||
17 | or trade union.
| ||||||
18 | (b) "Arrearage" means the total amount of unpaid support | ||||||
19 | obligations, including interest,
as determined by the court and | ||||||
20 | incorporated into an order for support.
| ||||||
21 | (b-5) "Business day" means a day on which State offices are | ||||||
22 | open for
regular business.
| ||||||
23 | (c) "Delinquency" means any payment, including a payment of | ||||||
24 | interest, under an order for support
which
becomes due and | ||||||
25 | remains unpaid after entry of the order for
support.
|
| |||||||
| |||||||
1 | (d) "Income" means any form of periodic payment to an | ||||||
2 | individual,
regardless of source, including, but not limited | ||||||
3 | to: wages, salary,
commission, compensation as an independent | ||||||
4 | contractor, workers'
compensation, disability, annuity, | ||||||
5 | pension, and retirement benefits,
lottery prize
awards, | ||||||
6 | insurance proceeds, vacation pay, bonuses, profit-sharing | ||||||
7 | payments,
interest,
and any other payments, made by any person, | ||||||
8 | private entity, federal or
state government, any unit of local | ||||||
9 | government, school district or any
entity created by Public | ||||||
10 | Act; however, "income" excludes:
| ||||||
11 | (1) any amounts required by law to be withheld, other | ||||||
12 | than creditor
claims, including, but not limited to, | ||||||
13 | federal, State and local taxes,
Social Security and other | ||||||
14 | retirement and disability contributions;
| ||||||
15 | (2) union dues;
| ||||||
16 | (3) any amounts exempted by the federal Consumer Credit | ||||||
17 | Protection Act;
| ||||||
18 | (4) public assistance payments; and
| ||||||
19 | (5) unemployment insurance benefits except as provided | ||||||
20 | by law.
| ||||||
21 | Any other State or local laws which limit or exempt income | ||||||
22 | or the amount
or percentage of income that can be withheld | ||||||
23 | shall not apply.
| ||||||
24 | (e) "Obligor" means the individual who owes a duty to make | ||||||
25 | payments under an
order for support.
| ||||||
26 | (f) "Obligee" means the individual to whom a duty of |
| |||||||
| |||||||
1 | support is owed or
the individual's legal representative.
| ||||||
2 | (g) "Payor" means any payor of income to an obligor.
| ||||||
3 | (h) "Public office" means any elected official or any State | ||||||
4 | or local agency
which is or may become responsible by law for | ||||||
5 | enforcement of, or which
is or may become authorized to | ||||||
6 | enforce, an order for support, including,
but not limited to: | ||||||
7 | the Attorney General, the Illinois Department of Healthcare and | ||||||
8 | Family Services
Public
Aid , the Illinois Department of Human | ||||||
9 | Services,
the Illinois Department of Children and Family | ||||||
10 | Services, and the various
State's Attorneys, Clerks of the | ||||||
11 | Circuit Court and supervisors of general
assistance.
| ||||||
12 | (i) "Premium" means the dollar amount for which the obligor | ||||||
13 | is liable
to his employer or labor union or trade union and | ||||||
14 | which must be paid to enroll
or maintain a child in a health | ||||||
15 | insurance plan that is available to the obligor
through an | ||||||
16 | employer or labor union or trade union.
| ||||||
17 | (j) "State Disbursement Unit" means the unit established to | ||||||
18 | collect and
disburse support payments in accordance with the | ||||||
19 | provisions of Section 10-26 of
the Illinois Public Aid Code.
| ||||||
20 | (k) "Title IV-D Agency" means the agency of this State | ||||||
21 | charged by law with
the duty to administer the child support | ||||||
22 | enforcement program established under
Title IV, Part D of the | ||||||
23 | Social Security Act and Article X of the Illinois
Public Aid | ||||||
24 | Code.
| ||||||
25 | (l) "Title IV-D case" means a case in which an obligee or | ||||||
26 | obligor is
receiving child support enforcement services under |
| |||||||
| |||||||
1 | Title IV, Part D of the
Social Security Act and Article X of | ||||||
2 | the Illinois Public Aid Code.
| ||||||
3 | (m) "National Medical Support Notice" means the notice | ||||||
4 | required for
enforcement of orders for support providing for | ||||||
5 | health insurance coverage of a
child under Title IV, Part D of | ||||||
6 | the Social Security Act, the Employee
Retirement Income | ||||||
7 | Security Act of 1974, and federal regulations promulgated
under | ||||||
8 | those Acts.
| ||||||
9 | (n) "Employer" means a payor or labor union or trade union | ||||||
10 | with an employee
group health insurance plan and, for purposes | ||||||
11 | of the National Medical Support
Notice, also includes but is | ||||||
12 | not limited to:
| ||||||
13 | (1) any State or local governmental agency with a group | ||||||
14 | health
plan; and
| ||||||
15 | (2) any payor with a group health plan or "church plan" | ||||||
16 | covered
under the Employee Retirement Income Security Act | ||||||
17 | of 1974.
| ||||||
18 | (Source: P.A. 94-90, eff. 1-1-06; revised 12-15-05.)
| ||||||
19 | (750 ILCS 28/22)
| ||||||
20 | Sec. 22. Use of National Medical Support Notice to enforce | ||||||
21 | health
insurance coverage.
| ||||||
22 | (a) Notwithstanding the provisions of subdivision (c)(4) | ||||||
23 | of Section 20, when
an order for support is being enforced by | ||||||
24 | the Title IV-D Agency under this Act,
any requirement for | ||||||
25 | health insurance coverage to be provided through an
employer, |
| |||||||
| |||||||
1 | including withholding of premiums from the income of the | ||||||
2 | obligor,
shall be enforced through use of a National Medical | ||||||
3 | Support Notice instead
of through provisions in an income | ||||||
4 | withholding notice.
| ||||||
5 | (b) A National Medical Support Notice may be served on the | ||||||
6 | employer in the
manner and under the circumstances provided for | ||||||
7 | serving an income withholding
notice under this Act, except | ||||||
8 | that an order for support that conditions service
of an income | ||||||
9 | withholding notice on the obligor becoming delinquent in paying
| ||||||
10 | the order for support, as provided under subdivision (a)(1) of | ||||||
11 | Section 20,
shall not prevent immediate service of a National | ||||||
12 | Medical Support Notice by the
Title IV-D Agency. The Title IV-D | ||||||
13 | Agency may serve a National Medical Support
Notice on an | ||||||
14 | employer in conjunction with service of an income withholding
| ||||||
15 | notice. Service of an income withholding notice is not a | ||||||
16 | condition for service
of a National Medical Support Notice, | ||||||
17 | however.
| ||||||
18 | (c) At the time of service of a National Medical Support | ||||||
19 | Notice on the
employer, the Title IV-D Agency shall
serve
a | ||||||
20 | copy of the Notice on the obligor by ordinary mail
addressed to | ||||||
21 | the obligor's last known address. The Title IV-D Agency shall | ||||||
22 | file
a copy of the National Medical Support Notice, together | ||||||
23 | with proofs of service
on the employer and the obligor, with | ||||||
24 | the clerk of the circuit court.
| ||||||
25 | (d) Within 20 business days after the date of a National | ||||||
26 | Medical Support
Notice, an employer served with the Notice |
| |||||||
| |||||||
1 | shall
transfer
the severable notice to plan administrator to | ||||||
2 | the appropriate group health plan
providing any health | ||||||
3 | insurance coverage for which the child is eligible.
As
required | ||||||
4 | in the part of the National Medical Support Notice directed to | ||||||
5 | the
employer, the employer shall withhold any employee premium | ||||||
6 | necessary for
coverage of the child and shall send any amount
| ||||||
7 | withheld directly to the plan. The employer shall commence the | ||||||
8 | withholding no
later than the next payment of income that | ||||||
9 | occurs 14 days following the date
the National Medical Support | ||||||
10 | Notice was mailed, sent by facsimile or other
electronic means, | ||||||
11 | or placed for personal delivery to or service on the
employer.
| ||||||
12 | Notwithstanding the requirement to withhold premiums from | ||||||
13 | the
obligor's income, if the plan administrator informs the | ||||||
14 | employer that the child
is enrolled in an option under the plan | ||||||
15 | for which the employer has determined
that the obligor's | ||||||
16 | premium exceeds the amount that may be withheld from the
| ||||||
17 | obligor's income due to the withholding limitation or | ||||||
18 | prioritization contained
in Section 35 of this Act, the | ||||||
19 | employer shall complete the appropriate item in
the part of
the | ||||||
20 | National
Medical Support Notice directed to the employer | ||||||
21 | according to the instructions
in the Notice and shall return | ||||||
22 | that part to the Title IV-D Agency.
| ||||||
23 | (e) If one of the following circumstances exists, an | ||||||
24 | employer served with a
National Medical Support Notice shall | ||||||
25 | complete the part of the
Notice directed to the employer in | ||||||
26 | accordance with the instructions in
the Notice and shall return |
| |||||||
| |||||||
1 | that part to the Title IV-D Agency within 20
business days | ||||||
2 | after the date of the Notice:
| ||||||
3 | (1) The employer does not maintain or contribute to | ||||||
4 | plans providing
dependent or family health insurance | ||||||
5 | coverage.
| ||||||
6 | (2) The obligor is among a class of employees that is | ||||||
7 | not eligible for
family health insurance coverage under any | ||||||
8 | group health plan maintained by the
employer or to which | ||||||
9 | the employer contributes.
| ||||||
10 | (3) Health insurance coverage is not available because | ||||||
11 | the obligor is no
longer employed by the employer.
| ||||||
12 | (f) The administrator of a health insurance plan to whom an | ||||||
13 | employer has
transferred the severable notice to plan | ||||||
14 | administrator part of a National
Medical Support Notice shall | ||||||
15 | complete that part with the health insurance
coverage | ||||||
16 | information required under the instructions in the Notice and | ||||||
17 | shall
return that part to the Title IV-D Agency within 40 | ||||||
18 | business days after the
date of the Notice.
| ||||||
19 | (g) The obligor may contest withholding under this Section | ||||||
20 | based only on a
mistake of fact and may contest withholding by | ||||||
21 | filing a petition with the clerk
of the circuit court within
20 | ||||||
22 | days after
service of a copy of the National Medical Support | ||||||
23 | Notice on the obligor. The
obligor must serve a copy of the | ||||||
24 | petition on the Title IV-D Agency at the
address stated in the | ||||||
25 | National Medical Support Notice. The National Medical
Support | ||||||
26 | Notice, including the requirement to withhold any required |
| |||||||
| |||||||
1 | premium,
shall continue to be binding on the employer until the | ||||||
2 | employer is served
with a court order resolving the contest or | ||||||
3 | until notified by the Title
IV-D Agency.
| ||||||
4 | (h) Whenever the obligor is no longer receiving income from | ||||||
5 | the employer,
the
employer shall return a copy of the National | ||||||
6 | Medical Support Notice to the
Title IV-D Agency and shall | ||||||
7 | provide information for the purpose of enforcing
health | ||||||
8 | insurance coverage under this Section.
| ||||||
9 | (i) The Title IV-D Agency shall promptly notify the | ||||||
10 | employer when there is
no
longer a current order for health | ||||||
11 | insurance coverage in effect which the Title
IV-D Agency is | ||||||
12 | responsible for enforcing.
| ||||||
13 | (j) Unless stated otherwise in this Section, all of the | ||||||
14 | provisions of this
Act relating to income withholding for | ||||||
15 | support shall pertain to income
withholding for health | ||||||
16 | insurance coverage under a National Medical Support
Notice, | ||||||
17 | including but not limited to the duties of the employer and | ||||||
18 | obligor,
and the penalties contained in Section 35 and Section | ||||||
19 | 50. In addition, an
employer who willfully fails to transfer | ||||||
20 | the severable notice to plan
administrator part of a National | ||||||
21 | Medical Support Notice to the appropriate
group
health plan | ||||||
22 | providing health insurance coverage for which the child is
| ||||||
23 | eligible, within 20 business days after the date of the
Notice, | ||||||
24 | is liable for the full amount of medical expenses incurred by
| ||||||
25 | or on behalf of the child which would have been paid or | ||||||
26 | reimbursed by the
health insurance coverage had the severable |
| |||||||
| |||||||
1 | notice to plan administrator part
of the Notice been timely | ||||||
2 | transferred to the group
health insurance plan. This penalty | ||||||
3 | may be collected in a civil action that may
be brought against | ||||||
4 | the employer in favor of the obligee or the Title IV-D
Agency.
| ||||||
5 | (k) To the extent that any other State or local law may be | ||||||
6 | construed to
limit
or prevent compliance by an employer or | ||||||
7 | health insurance plan administrator
with the requirements of | ||||||
8 | this Section and federal law and regulations
pertaining to the | ||||||
9 | National Medical Support Notice, that State or local law
shall | ||||||
10 | not apply.
| ||||||
11 | (l) As the Title IV-D Agency, the Department of Healthcare | ||||||
12 | and Family Services
Public Aid shall adopt any
rules necessary | ||||||
13 | for use of and compliance with the National Medical Support
| ||||||
14 | Notice.
| ||||||
15 | (Source: P.A. 92-590, eff. 7-1-02; revised 12-15-05.)
| ||||||
16 | (750 ILCS 28/45)
| ||||||
17 | Sec. 45. Additional duties.
| ||||||
18 | (a) An obligee who is receiving income withholding
payments | ||||||
19 | under this Act shall notify the State Disbursement Unit and the | ||||||
20 | Clerk
of the Circuit Court of any change of address within 7
| ||||||
21 | days of such change.
| ||||||
22 | (b) An obligee who is a recipient of public aid shall send | ||||||
23 | a copy of
any income withholding notice served by the obligee | ||||||
24 | to the Division
of Child Support Enforcement of the Illinois
| ||||||
25 | Department of Healthcare and Family Services
Public Aid .
|
| |||||||
| |||||||
1 | (c) Each obligor shall notify the obligee, the public | ||||||
2 | office, and the
Clerk of the Circuit
Court of any change of | ||||||
3 | address within 7 days.
| ||||||
4 | (d) An obligor whose income is being withheld pursuant to | ||||||
5 | this Act shall notify
the
obligee, the public office,
and the | ||||||
6 | Clerk of the Circuit Court of any new payor, within 7 days.
| ||||||
7 | (e) (Blank.)
| ||||||
8 | (f) The obligee or public office shall provide notice to | ||||||
9 | the payor and
Clerk of the Circuit Court of any other support | ||||||
10 | payment made, including
but not limited to, a set-off under | ||||||
11 | federal and State law or partial payment
of the delinquency or | ||||||
12 | arrearage, or both.
| ||||||
13 | (g) The State Disbursement Unit shall
maintain complete, | ||||||
14 | accurate, and clear records of all income withholding
payments | ||||||
15 | and their
disbursements. Certified copies of payment records | ||||||
16 | maintained by the State
Disbursement Unit, a public
office, or | ||||||
17 | the Clerk of the Circuit Court shall, without further proof, be
| ||||||
18 | admitted into evidence in any legal proceedings under this Act.
| ||||||
19 | (h) The Illinois Department of Healthcare and Family | ||||||
20 | Services
Public Aid shall design suggested legal
forms for | ||||||
21 | proceeding under this Act and shall make available to
the
| ||||||
22 | courts such forms and informational materials which describe | ||||||
23 | the procedures
and remedies set forth herein for distribution | ||||||
24 | to all parties in support
actions.
| ||||||
25 | (i) At the time of transmitting each support payment, the | ||||||
26 | State
Disbursement Unit shall provide the obligee or public |
| |||||||
| |||||||
1 | office, as appropriate,
with any information furnished by the | ||||||
2 | payor as to the date
the amount would (but for the duty to | ||||||
3 | withhold income) have been paid or
credited to the obligor.
| ||||||
4 | (Source: P.A. 90-673, eff. 1-1-99; incorporates P.A. 90-790, | ||||||
5 | eff. 8-14-98;
91-212, eff. 7-20-99; 91-357, eff. 7-29-99; | ||||||
6 | revised 12-15-05.)
| ||||||
7 | Section 1155. The Illinois Parentage Act of 1984 is amended | ||||||
8 | by changing Sections 4.1, 5, 7, 8, 13.1, 14, 14.1, 15.1, 18, | ||||||
9 | 21, 21.1, 22, 23, and 28 as follows:
| ||||||
10 | (750 ILCS 45/4.1)
| ||||||
11 | Sec. 4.1. Administrative paternity determinations. | ||||||
12 | Notwithstanding any
other provision of this Act, the Illinois
| ||||||
13 | Department of Healthcare and Family Services
Public Aid may | ||||||
14 | make
administrative determinations of paternity and | ||||||
15 | nonpaternity in accordance with
Section 10-17.7 of the Illinois | ||||||
16 | Public Aid Code. These determinations of
paternity or | ||||||
17 | nonpaternity shall have the full force and effect of judgments
| ||||||
18 | entered under this Act.
| ||||||
19 | (Source: P.A. 88-687, eff. 1-24-95; revised 12-15-05.)
| ||||||
20 | (750 ILCS 45/5) (from Ch. 40, par. 2505)
| ||||||
21 | Sec. 5. Presumption of Paternity.
| ||||||
22 | (a) A man is presumed to be the
natural father of a child | ||||||
23 | if:
|
| |||||||
| |||||||
1 | (1) he and the child's natural mother are or have been | ||||||
2 | married to each
other, even though the marriage is or could | ||||||
3 | be declared invalid, and the child
is born or conceived | ||||||
4 | during such marriage;
| ||||||
5 | (2) after the child's birth, he and the child's natural | ||||||
6 | mother have
married each other, even though the marriage is | ||||||
7 | or could be declared invalid,
and he is named, with his | ||||||
8 | written consent, as the child's father on the
child's birth | ||||||
9 | certificate;
| ||||||
10 | (3) he and the child's natural mother have signed an | ||||||
11 | acknowledgment of
paternity in accordance with rules | ||||||
12 | adopted by the Illinois Department of Healthcare and Family | ||||||
13 | Services
Public Aid under Section 10-17.7 of the Illinois | ||||||
14 | Public Aid Code; or
| ||||||
15 | (4) he and the child's natural mother have signed an | ||||||
16 | acknowledgment of
parentage or, if the natural father is | ||||||
17 | someone other than one presumed to be
the father under this | ||||||
18 | Section, an acknowledgment of parentage and denial of
| ||||||
19 | paternity in accordance
with
Section 12 of the Vital | ||||||
20 | Records Act.
| ||||||
21 | (b) A presumption under subdivision (a)(1) or (a)(2) of | ||||||
22 | this Section may
be rebutted only by clear and convincing | ||||||
23 | evidence. A presumption under
subdivision (a)(3) or (a)(4) is | ||||||
24 | conclusive, unless the acknowledgment of
parentage is | ||||||
25 | rescinded under the process
provided in Section 12 of the Vital | ||||||
26 | Records Act,
upon the earlier
of:
|
| |||||||
| |||||||
1 | (1) 60 days after the date the acknowledgment of | ||||||
2 | parentage is signed, or
| ||||||
3 | (2) the date of an administrative or judicial | ||||||
4 | proceeding relating to the
child (including a proceeding to | ||||||
5 | establish a support order) in which the
signatory is a | ||||||
6 | party;
| ||||||
7 | except that if a minor has signed the
acknowledgment of | ||||||
8 | paternity or acknowledgment of parentage and denial of
| ||||||
9 | paternity, the presumption becomes conclusive 6 months after | ||||||
10 | the minor reaches
majority or is otherwise emancipated.
| ||||||
11 | (Source: P.A. 89-641, eff. 8-9-96; 90-18, eff. 7-1-97; revised | ||||||
12 | 12-15-05.)
| ||||||
13 | (750 ILCS 45/7) (from Ch. 40, par. 2507)
| ||||||
14 | Sec. 7. Determination of Father and Child Relationship; Who | ||||||
15 | May Bring
Action; Parties.
| ||||||
16 | (a) An action to determine the existence of the father and | ||||||
17 | child
relationship, whether or not such a relationship is | ||||||
18 | already presumed under
Section 5 of this Act, may be brought by | ||||||
19 | the child; the mother; a pregnant
woman; any person or public | ||||||
20 | agency who has custody of, or is providing or has
provided | ||||||
21 | financial support to, the child; the Illinois Department of | ||||||
22 | Healthcare and Family Services
Public
Aid if it is providing or | ||||||
23 | has provided financial support to the child or if it
is | ||||||
24 | assisting with child support collection services; or a man | ||||||
25 | presumed or
alleging himself
to be the father of the child or |
| |||||||
| |||||||
1 | expected child. The complaint shall be
verified and shall name | ||||||
2 | the person or persons alleged to be the father of the
child.
| ||||||
3 | (b) An action to declare the non-existence of the parent | ||||||
4 | and child
relationship may be brought by the child, the natural | ||||||
5 | mother, or a man
presumed to be the father under subdivision | ||||||
6 | (a)(1) or (a)(2) of Section 5
of this Act. Actions brought by | ||||||
7 | the child, the natural mother
or a presumed father shall be | ||||||
8 | brought by verified complaint.
| ||||||
9 | After the presumption that a man presumed to be the father | ||||||
10 | under
subdivision (a)(1) or (a)(2) of Section 5
has been | ||||||
11 | rebutted, paternity of the
child by another man may be | ||||||
12 | determined in the same action, if he has been made
a party.
| ||||||
13 | (b-5) An action to declare the non-existence of the parent | ||||||
14 | and child
relationship may be brought subsequent to an | ||||||
15 | adjudication of paternity in any
judgment by the man | ||||||
16 | adjudicated to be the father pursuant to the presumptions
in | ||||||
17 | Section 5 of this Act if, as a result of deoxyribonucleic acid | ||||||
18 | (DNA) tests,
it
is discovered that the man adjudicated to be | ||||||
19 | the father is not the natural
father of the child. Actions | ||||||
20 | brought by the adjudicated father shall be
brought by verified | ||||||
21 | complaint. If, as a result of the deoxyribonucleic acid
(DNA) | ||||||
22 | tests, the plaintiff is determined not to be the father of the | ||||||
23 | child, the
adjudication of paternity and any orders regarding | ||||||
24 | custody, visitation, and
future payments of support may be | ||||||
25 | vacated.
| ||||||
26 | (c) If any party is a minor, he or she may be represented |
| |||||||
| |||||||
1 | by his or her
general guardian or a guardian ad litem appointed | ||||||
2 | by the court, which may
include an appropriate agency. The | ||||||
3 | court may align the parties.
| ||||||
4 | (d) Regardless of its terms, an agreement, other than a | ||||||
5 | settlement
approved by the court, between an alleged or | ||||||
6 | presumed father and the mother
or child, does not bar an action | ||||||
7 | under this Section.
| ||||||
8 | (e) If an action under this Section is brought before the | ||||||
9 | birth of the
child, all proceedings shall be stayed until after | ||||||
10 | the birth, except for
service or process, the taking of | ||||||
11 | depositions to perpetuate testimony, and
the ordering of blood | ||||||
12 | tests under appropriate circumstances.
| ||||||
13 | (Source: P.A. 89-674, eff. 8-14-96; 90-18, eff. 7-1-97; 90-715, | ||||||
14 | eff.
8-7-98; revised 12-15-05.)
| ||||||
15 | (750 ILCS 45/8) (from Ch. 40, par. 2508)
| ||||||
16 | Sec. 8. Statute of limitations.
| ||||||
17 | (a) (1) An action brought by or on behalf of a child, an | ||||||
18 | action brought by
a party alleging that he or she is the | ||||||
19 | child's natural parent,
or an action brought
by the | ||||||
20 | Department of Healthcare and Family Services (formerly
| ||||||
21 | Illinois Department of Public Aid ) , if it is
providing or | ||||||
22 | has provided financial support to the child or if it is | ||||||
23 | assisting
with child support collection services, shall be | ||||||
24 | barred if
brought later than 2 years after the child | ||||||
25 | reaches the age of majority;
however, if the action on |
| |||||||
| |||||||
1 | behalf of the child is brought by a public agency,
other | ||||||
2 | than the Department of Healthcare and Family Services | ||||||
3 | (formerly Illinois Department of Public Aid ) if it is | ||||||
4 | providing or has
provided financial support to the child or | ||||||
5 | if it is assisting with child
support collection services, | ||||||
6 | it
shall be barred 2 years after the agency has ceased to | ||||||
7 | provide assistance to
the child.
| ||||||
8 | (2) Failure
to bring an action within 2 years shall not | ||||||
9 | bar any party from asserting a
defense in any action to | ||||||
10 | declare the non-existence of the parent and child
| ||||||
11 | relationship.
| ||||||
12 | (3) An action to declare the non-existence of the | ||||||
13 | parent and child
relationship brought under subsection (b) | ||||||
14 | of Section 7 of this Act shall be
barred if
brought later | ||||||
15 | than 2 years after the
petitioner obtains knowledge of | ||||||
16 | relevant facts.
The 2-year period for bringing an action to
| ||||||
17 | declare the nonexistence of the parent and child | ||||||
18 | relationship shall not extend
beyond the date on which the | ||||||
19 | child reaches the age of 18 years.
Failure to bring an | ||||||
20 | action
within 2 years shall not bar any party from | ||||||
21 | asserting a defense in any
action to declare the existence | ||||||
22 | of the parent and child relationship.
| ||||||
23 | (4) An action to declare the non-existence of the | ||||||
24 | parent and child
relationship brought under subsection | ||||||
25 | (b-5) of Section 7 of this Act shall be
barred if
brought | ||||||
26 | more than 6 months after the effective date of this |
| |||||||
| |||||||
1 | amendatory Act of
1998 or more than 2 years after the | ||||||
2 | petitioner obtains actual knowledge of
relevant
facts, | ||||||
3 | whichever is later. The 2-year period shall not apply to | ||||||
4 | periods of
time where the natural
mother or the child | ||||||
5 | refuses to submit to deoxyribonucleic acid (DNA) tests.
The | ||||||
6 | 2-year period for bringing an action to
declare the | ||||||
7 | nonexistence of the parent and child relationship shall not | ||||||
8 | extend
beyond the date on which the child reaches the age | ||||||
9 | of 18 years.
Failure to bring an action
within 2 years | ||||||
10 | shall not bar any party from asserting a defense in any
| ||||||
11 | action to declare the existence of the parent and child | ||||||
12 | relationship.
| ||||||
13 | (b) The time during which any party is not subject to | ||||||
14 | service of process
or is otherwise not subject to the | ||||||
15 | jurisdiction of the courts of this State
shall toll the | ||||||
16 | aforementioned periods.
| ||||||
17 | (c) This Act does not affect the time within which any | ||||||
18 | rights under
the Probate Act of 1975 may be asserted beyond the | ||||||
19 | time
provided by law relating to distribution and closing of | ||||||
20 | decedent's estates
or to the determination of heirship, or | ||||||
21 | otherwise.
| ||||||
22 | (Source: P.A. 89-674, eff. 8-14-96; 90-18, eff. 7-1-97; 90-715, | ||||||
23 | eff.
8-7-98; revised 12-15-05.)
| ||||||
24 | (750 ILCS 45/13.1)
| ||||||
25 | Sec. 13.1. Temporary order for child support. |
| |||||||
| |||||||
1 | Notwithstanding any other
law to the contrary, pending the | ||||||
2 | outcome of a
judicial determination of parentage, the court | ||||||
3 | shall issue a temporary order
for child support, upon motion by | ||||||
4 | a party and a showing of clear and convincing
evidence of | ||||||
5 | paternity. In determining the amount of the temporary child
| ||||||
6 | support award, the court shall use the guidelines and standards | ||||||
7 | set forth in
subsection (a) of Section 505 and in Section 505.2 | ||||||
8 | of the Illinois Marriage and
Dissolution of Marriage Act.
| ||||||
9 | Any new or existing support order entered by the court | ||||||
10 | under this Section
shall be deemed to be a series of judgments | ||||||
11 | against the person obligated to pay
support
thereunder, each | ||||||
12 | such judgment to be in the amount of each payment or
| ||||||
13 | installment of support and each judgment to be deemed entered | ||||||
14 | as of the date
the corresponding payment or installment becomes | ||||||
15 | due under the terms of the
support order. Each such judgment | ||||||
16 | shall have the full
force, effect, and attributes of any other | ||||||
17 | judgment of this State, including
the ability to be enforced. | ||||||
18 | Any such judgment is subject to modification or
termination | ||||||
19 | only in accordance with Section 510 of the Illinois Marriage | ||||||
20 | and
Dissolution of Marriage Act.
A lien arises by operation of | ||||||
21 | law against the real and personal property of the
noncustodial | ||||||
22 | parent for each
installment of overdue support owed by the | ||||||
23 | noncustodial parent.
| ||||||
24 | All orders for support, when entered or modified, shall | ||||||
25 | include a provision
requiring the non-custodial parent to | ||||||
26 | notify the court, and in cases in which a
party is receiving |
| |||||||
| |||||||
1 | child support enforcement services under
Article X of the
| ||||||
2 | Illinois Public Aid Code, the Illinois Department of Healthcare | ||||||
3 | and Family Services
Public Aid , within 7 days,
(i) of the
name, | ||||||
4 | address, and telephone number of any new employer of the | ||||||
5 | non-custodial
parent, (ii) whether the non-custodial parent | ||||||
6 | has access to health
insurance coverage through the employer or | ||||||
7 | other group coverage, and, if so,
the policy name and number | ||||||
8 | and the names of persons covered under the policy,
and (iii) of | ||||||
9 | any new residential or mailing address or telephone number
of | ||||||
10 | the non-custodial parent.
| ||||||
11 | In any subsequent action to enforce a support order, upon | ||||||
12 | sufficient showing
that diligent effort has been made to | ||||||
13 | ascertain the location of the
non-custodial parent, service of | ||||||
14 | process or provision of notice necessary in
that action may be | ||||||
15 | made at the last known address of the non-custodial parent,
in | ||||||
16 | any manner expressly provided by the Code of Civil Procedure or | ||||||
17 | in this Act,
which service shall be sufficient for purposes of | ||||||
18 | due process.
| ||||||
19 | An order for support shall include a date on which the | ||||||
20 | current support
obligation terminates. The termination date | ||||||
21 | shall be no earlier than the date
on which the child covered by | ||||||
22 | the order will attain the age of majority or is
otherwise | ||||||
23 | emancipated. The
order for support shall state that the | ||||||
24 | termination date does not apply to any
arrearage that may | ||||||
25 | remain unpaid on that date. Nothing in this paragraph
shall be | ||||||
26 | construed to prevent the court from modifying the order.
|
| |||||||
| |||||||
1 | If there is an unpaid arrearage or delinquency (as those | ||||||
2 | terms are defined in the Income Withholding for Support Act) | ||||||
3 | equal to at least one month's support obligation on the | ||||||
4 | termination date stated in the order for support or, if there | ||||||
5 | is no termination date stated in the order, on the date the | ||||||
6 | child attains the age of majority or is otherwise emancipated, | ||||||
7 | then the periodic amount required to be paid for current | ||||||
8 | support of that child immediately prior to that date shall | ||||||
9 | automatically continue to be an obligation, not as current | ||||||
10 | support but as periodic payment toward satisfaction of the | ||||||
11 | unpaid arrearage or delinquency. That periodic payment shall be | ||||||
12 | in addition to any periodic payment previously required for | ||||||
13 | satisfaction of the arrearage or delinquency. The total | ||||||
14 | periodic amount to be paid toward satisfaction of the arrearage | ||||||
15 | or delinquency may be enforced and collected by any method | ||||||
16 | provided by law for the enforcement and collection of child | ||||||
17 | support, including but not limited to income withholding under | ||||||
18 | the Income Withholding for Support Act. Each order for support | ||||||
19 | entered or modified on or after the effective date of this | ||||||
20 | amendatory Act of the 93rd General Assembly must contain a | ||||||
21 | statement notifying the parties of the requirements of this | ||||||
22 | paragraph. Failure to include the statement in the order for | ||||||
23 | support does not affect the validity of the order or the | ||||||
24 | operation of the provisions of this paragraph with regard to | ||||||
25 | the order. This paragraph shall not be construed to prevent or | ||||||
26 | affect the establishment or modification of an order for the |
| |||||||
| |||||||
1 | support of a minor child or the establishment or modification | ||||||
2 | of an order for the support of a non-minor child or educational | ||||||
3 | expenses under Section 513 of the Illinois Marriage and | ||||||
4 | Dissolution of Marriage Act.
| ||||||
5 | (Source: P.A. 92-590, eff. 7-1-02; 93-1061, eff. 1-1-05; | ||||||
6 | revised 12-15-05.)
| ||||||
7 | (750 ILCS 45/14) (from Ch. 40, par. 2514)
| ||||||
8 | Sec. 14. Judgment.
| ||||||
9 | (a) (1) The judgment shall contain or explicitly reserve
| ||||||
10 | provisions concerning any duty and amount of child support
and | ||||||
11 | may contain provisions concerning the custody and
guardianship | ||||||
12 | of the child, visitation privileges with the child, the
| ||||||
13 | furnishing of bond or other security for the payment of the | ||||||
14 | judgment,
which the court shall determine in accordance with | ||||||
15 | the relevant factors
set forth in the Illinois Marriage and | ||||||
16 | Dissolution of Marriage
Act and any other applicable law of | ||||||
17 | Illinois,
to guide the court in a finding in the best interests | ||||||
18 | of the child.
In determining custody, joint custody, removal, | ||||||
19 | or visitation, the court
shall apply
the relevant standards of | ||||||
20 | the Illinois Marriage and Dissolution of Marriage
Act, | ||||||
21 | including Section 609. Specifically, in determining the amount | ||||||
22 | of any
child support award or child health insurance coverage, | ||||||
23 | the
court shall use the guidelines and standards set forth in | ||||||
24 | subsection (a) of
Section 505 and in Section 505.2 of the | ||||||
25 | Illinois Marriage and Dissolution of
Marriage Act. For purposes |
| |||||||
| |||||||
1 | of Section
505 of the Illinois Marriage and Dissolution of | ||||||
2 | Marriage Act,
"net income" of the non-custodial parent shall | ||||||
3 | include any benefits
available to that person under the | ||||||
4 | Illinois Public Aid Code or from other
federal, State or local | ||||||
5 | government-funded programs. The court shall, in
any event and | ||||||
6 | regardless of the amount of the non-custodial parent's net
| ||||||
7 | income, in its judgment order the non-custodial parent to pay | ||||||
8 | child support
to the custodial parent in a minimum amount of | ||||||
9 | not less than $10 per month, as long as such an order is | ||||||
10 | consistent with the requirements of Title IV, Part D of the | ||||||
11 | Social Security Act.
In an action brought within 2 years after | ||||||
12 | a child's birth, the judgment or
order may direct either parent | ||||||
13 | to pay the reasonable expenses incurred by
either parent | ||||||
14 | related to the mother's pregnancy and the delivery of the
| ||||||
15 | child. The judgment or order shall contain the father's social | ||||||
16 | security number,
which the father shall disclose to the court; | ||||||
17 | however, failure to include the
father's social security number | ||||||
18 | on the judgment or order does not invalidate
the judgment or | ||||||
19 | order.
| ||||||
20 | (2) If a judgment of parentage contains no explicit award | ||||||
21 | of custody,
the establishment of a support obligation or of | ||||||
22 | visitation rights in one
parent shall be considered a judgment | ||||||
23 | granting custody to the other parent.
If the parentage judgment | ||||||
24 | contains no such provisions, custody shall be
presumed to be | ||||||
25 | with the mother;
however, the presumption shall not apply if | ||||||
26 | the father has had
physical custody for at least 6
months prior |
| |||||||
| |||||||
1 | to the date that the mother seeks to enforce custodial rights.
| ||||||
2 | (b) The court shall order all child support payments, | ||||||
3 | determined in
accordance with such guidelines, to commence with | ||||||
4 | the date summons is
served. The level of current periodic | ||||||
5 | support payments shall not be
reduced because of payments set | ||||||
6 | for the period prior to the date of entry
of the support order. | ||||||
7 | The Court may order any child support payments to be
made for a
| ||||||
8 | period prior to the commencement of the action.
In determining | ||||||
9 | whether and the extent to which the
payments shall be made for | ||||||
10 | any prior period, the court shall consider all
relevant facts, | ||||||
11 | including the factors for determining the amount of support
| ||||||
12 | specified in the Illinois Marriage and Dissolution of Marriage
| ||||||
13 | Act and other equitable factors
including but not limited to:
| ||||||
14 | (1) The father's prior knowledge of the fact and | ||||||
15 | circumstances of the
child's birth.
| ||||||
16 | (2) The father's prior willingness or refusal to help | ||||||
17 | raise or
support the child.
| ||||||
18 | (3) The extent to which the mother or the public agency | ||||||
19 | bringing the
action previously informed the father of the | ||||||
20 | child's needs or attempted
to seek or require his help in | ||||||
21 | raising or supporting the child.
| ||||||
22 | (4) The reasons the mother or the public agency did not | ||||||
23 | file the
action earlier.
| ||||||
24 | (5) The extent to which the father would be prejudiced | ||||||
25 | by the delay in
bringing the action.
| ||||||
26 | For purposes of determining the amount of child support to |
| |||||||
| |||||||
1 | be paid for any
period before the date the order for current | ||||||
2 | child support is entered, there is
a
rebuttable presumption | ||||||
3 | that the father's net income for the prior period was
the same | ||||||
4 | as his net income at the time the order for current child | ||||||
5 | support is
entered.
| ||||||
6 | If (i) the non-custodial parent was properly served with a | ||||||
7 | request for
discovery of
financial information relating to the | ||||||
8 | non-custodial parent's ability to provide
child support, (ii)
| ||||||
9 | the non-custodial parent failed to comply with the request, | ||||||
10 | despite having been
ordered to
do so by the court, and (iii) | ||||||
11 | the non-custodial parent is not present at the
hearing to
| ||||||
12 | determine support despite having received proper notice, then | ||||||
13 | any relevant
financial
information concerning the | ||||||
14 | non-custodial parent's ability to provide child
support
that | ||||||
15 | was
obtained pursuant to subpoena and proper notice shall be | ||||||
16 | admitted into evidence
without
the need to establish any | ||||||
17 | further foundation for its admission.
| ||||||
18 | (c) Any new or existing support order entered by the court | ||||||
19 | under this
Section shall be deemed to be a series of judgments
| ||||||
20 | against the person obligated to pay support thereunder, each | ||||||
21 | judgment
to be in the amount of each payment or installment of | ||||||
22 | support and each such
judgment to be deemed entered as of the | ||||||
23 | date the corresponding payment or
installment becomes due under | ||||||
24 | the terms of the support order. Each
judgment shall have the | ||||||
25 | full force, effect and attributes of any other
judgment of this | ||||||
26 | State, including the ability to be enforced.
A lien arises by |
| |||||||
| |||||||
1 | operation of law against the real and personal property of
the | ||||||
2 | noncustodial parent for each installment of overdue support | ||||||
3 | owed by the
noncustodial parent.
| ||||||
4 | (d) If the judgment or order of the court is at variance | ||||||
5 | with the child's
birth certificate, the court shall order that | ||||||
6 | a new birth certificate be
issued under the Vital Records Act.
| ||||||
7 | (e) On request of the mother and the father, the court | ||||||
8 | shall order a
change in the child's name. After hearing | ||||||
9 | evidence the court may stay
payment of support during the | ||||||
10 | period of the father's minority or period of
disability.
| ||||||
11 | (f) If, upon a showing of proper service, the father fails | ||||||
12 | to appear in
court, or
otherwise appear as provided by law, the | ||||||
13 | court may proceed to hear the
cause upon testimony of the | ||||||
14 | mother or other parties taken in open court and
shall enter a | ||||||
15 | judgment by default. The court may reserve any order as to
the | ||||||
16 | amount of child support until the father has received notice, | ||||||
17 | by
regular mail, of a hearing on the matter.
| ||||||
18 | (g) A one-time charge of 20% is imposable upon the amount | ||||||
19 | of past-due
child support owed on July 1, 1988 which has | ||||||
20 | accrued under a support order
entered by the court. The charge | ||||||
21 | shall be imposed in accordance with the
provisions of Section | ||||||
22 | 10-21 of the Illinois Public Aid Code and shall be
enforced by | ||||||
23 | the court upon petition.
| ||||||
24 | (h) All orders for support, when entered or
modified, shall | ||||||
25 | include a provision requiring the non-custodial parent
to
| ||||||
26 | notify the court and, in cases in which party is receiving |
| |||||||
| |||||||
1 | child
support enforcement services under Article X of the | ||||||
2 | Illinois Public Aid Code,
the
Department of Healthcare and | ||||||
3 | Family Services, within 7 days, (i) of the name and
address of | ||||||
4 | any new employer of the non-custodial parent, (ii) whether the
| ||||||
5 | non-custodial
parent has access to health insurance coverage | ||||||
6 | through the employer or other
group coverage and, if so, the | ||||||
7 | policy name and number and the names of
persons
covered under | ||||||
8 | the policy, and (iii) of any new residential or mailing address
| ||||||
9 | or telephone
number of the non-custodial parent. In any | ||||||
10 | subsequent action to enforce a
support order, upon a sufficient | ||||||
11 | showing that a diligent effort has been made
to ascertain the | ||||||
12 | location of the non-custodial parent, service of process or
| ||||||
13 | provision of notice necessary in the case may be made at the | ||||||
14 | last known
address of the non-custodial parent in any manner | ||||||
15 | expressly provided by the
Code of Civil Procedure or this Act, | ||||||
16 | which service shall be sufficient for
purposes of due process.
| ||||||
17 | (i) An order for support shall include a date on which the | ||||||
18 | current
support obligation terminates. The termination date | ||||||
19 | shall be no earlier
than
the date on which the child covered by | ||||||
20 | the order will attain the age of
18. However, if the child will | ||||||
21 | not graduate from high school until after
attaining the age
of | ||||||
22 | 18, then the termination date shall be no earlier than the | ||||||
23 | earlier of the
date on which
the child's high school graduation | ||||||
24 | will occur or the date on which the child
will attain the
age | ||||||
25 | of 19.
The order
for
support shall state that
the termination | ||||||
26 | date does not apply to any arrearage that may remain unpaid on
|
| |||||||
| |||||||
1 | that date. Nothing in this subsection shall be construed to | ||||||
2 | prevent the court
from modifying the order
or terminating the | ||||||
3 | order in the event the child is otherwise emancipated.
| ||||||
4 | (i-5) If there is an unpaid arrearage or delinquency (as | ||||||
5 | those terms are defined in the Income Withholding for Support | ||||||
6 | Act) equal to at least one month's support obligation on the | ||||||
7 | termination date stated in the order for support or, if there | ||||||
8 | is no termination date stated in the order, on the date the | ||||||
9 | child attains the age of majority or is otherwise emancipated, | ||||||
10 | the periodic amount required to be paid for current support of | ||||||
11 | that child immediately prior to that date shall automatically | ||||||
12 | continue to be an obligation, not as current support but as | ||||||
13 | periodic payment toward satisfaction of the unpaid arrearage or | ||||||
14 | delinquency. That periodic payment shall be in addition to any | ||||||
15 | periodic payment previously required for satisfaction of the | ||||||
16 | arrearage or delinquency. The total periodic amount to be paid | ||||||
17 | toward satisfaction of the arrearage or delinquency may be | ||||||
18 | enforced and collected by any method provided by law for | ||||||
19 | enforcement and collection of child support, including but not | ||||||
20 | limited to income withholding under the Income Withholding for | ||||||
21 | Support Act. Each order for support entered or modified on or | ||||||
22 | after the effective date of this amendatory Act of the 93rd | ||||||
23 | General Assembly must contain a statement notifying the parties | ||||||
24 | of the requirements of this subsection. Failure to include the | ||||||
25 | statement in the order for support does not affect the validity | ||||||
26 | of the order or the operation of the provisions of this |
| |||||||
| |||||||
1 | subsection with regard to the order. This subsection shall not | ||||||
2 | be construed to prevent or affect the establishment or | ||||||
3 | modification of an order for support of a minor child or the | ||||||
4 | establishment or modification of an order for support of a | ||||||
5 | non-minor child or educational expenses under Section 513 of | ||||||
6 | the Illinois Marriage and Dissolution of Marriage Act.
| ||||||
7 | (j) An order entered under this Section shall include a | ||||||
8 | provision
requiring the obligor to report to the obligee and to | ||||||
9 | the clerk of court within
10 days each time the obligor obtains | ||||||
10 | new employment, and each time the
obligor's employment is | ||||||
11 | terminated for any reason.
The report shall be in writing and | ||||||
12 | shall, in the case of new employment,
include the name and | ||||||
13 | address of the new employer.
Failure to report new employment | ||||||
14 | or
the termination of current employment, if coupled with | ||||||
15 | nonpayment of support
for a period in excess of 60 days, is | ||||||
16 | indirect criminal contempt. For
any obligor arrested for | ||||||
17 | failure to report new employment bond shall be set in
the | ||||||
18 | amount of the child support that should have been paid during | ||||||
19 | the period of
unreported employment. An order entered under | ||||||
20 | this Section shall also include
a provision requiring the | ||||||
21 | obligor and obligee parents to advise each other of a
change in | ||||||
22 | residence within 5 days of the change
except when the court | ||||||
23 | finds that the physical, mental, or emotional health
of a party | ||||||
24 | or that of a minor child, or both, would be seriously | ||||||
25 | endangered by
disclosure of the party's address.
| ||||||
26 | (Source: P.A. 93-139, eff. 7-10-03; 93-1061, eff. 1-1-05; |
| |||||||
| |||||||
1 | 94-923, eff. 1-1-07; 94-1061, eff. 1-1-07; revised 8-3-06.)
| ||||||
2 | (750 ILCS 45/14.1)
| ||||||
3 | Sec. 14.1. Information to State Case Registry.
| ||||||
4 | (a) In this Section:
| ||||||
5 | "Order for support", "obligor", "obligee", and "business | ||||||
6 | day" are defined as
set forth in the
Income Withholding for | ||||||
7 | Support Act.
| ||||||
8 | "State Case Registry" means the State Case Registry | ||||||
9 | established under Section
10-27 of the Illinois Public Aid | ||||||
10 | Code.
| ||||||
11 | (b) Each order for support entered or modified by the | ||||||
12 | circuit court under
this Act shall require that the obligor and | ||||||
13 | obligee (i) file with the clerk of
the
circuit court the | ||||||
14 | information required by this Section (and any other
information | ||||||
15 | required under Title IV, Part D of the Social Security Act or | ||||||
16 | by
the
federal Department of Health and Human Services) at the | ||||||
17 | time of
entry or modification of the order for support and (ii) | ||||||
18 | file updated
information with the clerk within 5 business days | ||||||
19 | of any change.
Failure of the obligor or obligee to file or | ||||||
20 | update the required information
shall be
punishable as in cases | ||||||
21 | of contempt. The failure shall not prevent the court
from | ||||||
22 | entering
or modifying the order for support, however.
| ||||||
23 | (c) The obligor shall file the following information: the | ||||||
24 | obligor's name,
date of birth, social security number, and | ||||||
25 | mailing address.
|
| |||||||
| |||||||
1 | If either the obligor or the obligee receives child support | ||||||
2 | enforcement
services from the Illinois Department
of | ||||||
3 | Healthcare and Family Services
Public Aid
under Article X of | ||||||
4 | the Illinois Public Aid Code, the obligor
shall also file the | ||||||
5 | following information: the obligor's telephone number,
| ||||||
6 | driver's license number, and residential address (if different | ||||||
7 | from the
obligor's mailing address), and the name, address, and | ||||||
8 | telephone number of the
obligor's employer or employers.
| ||||||
9 | (d) The obligee shall file the following information:
| ||||||
10 | (1) The names of the obligee and the child or children | ||||||
11 | covered by the
order for support.
| ||||||
12 | (2) The dates of birth of the obligee and the child or | ||||||
13 | children covered by
the order for support.
| ||||||
14 | (3) The social security numbers of the obligee and the | ||||||
15 | child or children
covered by the order for support.
| ||||||
16 | (4) The obligee's mailing address.
| ||||||
17 | (e) In cases in which the obligee receives child support | ||||||
18 | enforcement
services from the Illinois Department of | ||||||
19 | Healthcare and Family Services
Public Aid under Article X of | ||||||
20 | the
Illinois Public
Aid Code, the order for support shall (i) | ||||||
21 | require that the obligee file the
information required under | ||||||
22 | subsection (d) with the Illinois Department of Healthcare and | ||||||
23 | Family Services
Public Aid for inclusion in the State Case | ||||||
24 | Registry, rather
than file the information with the clerk, and | ||||||
25 | (ii) require that the obligee
include the following additional | ||||||
26 | information:
|
| |||||||
| |||||||
1 | (1) The obligee's telephone and driver's license | ||||||
2 | numbers.
| ||||||
3 | (2) The obligee's residential address, if different | ||||||
4 | from the obligee's
mailing address.
| ||||||
5 | (3) The name, address, and telephone number of the | ||||||
6 | obligee's employer or
employers.
| ||||||
7 | The order for support shall also require that the obligee | ||||||
8 | update
the information filed with the Illinois Department of | ||||||
9 | Healthcare and Family Services
Public Aid within 5
business | ||||||
10 | days of any change.
| ||||||
11 | (f) The clerk shall provide the information filed under | ||||||
12 | this Section,
together with the court docket number and county | ||||||
13 | in which the order for support
was entered, to the State Case | ||||||
14 | Registry within 5 business days after receipt of
the | ||||||
15 | information.
| ||||||
16 | (g) In a case in which a party is receiving child support | ||||||
17 | enforcement
services under Article X of the Illinois Public Aid | ||||||
18 | Code, the clerk shall
provide the following additional | ||||||
19 | information to the State Case Registry within
5 business days | ||||||
20 | after entry or modification of an order for support or request
| ||||||
21 | from the Illinois Department of Healthcare and Family Services
| ||||||
22 | Public Aid :
| ||||||
23 | (1) The amount of monthly or other periodic support | ||||||
24 | owed under the order
for support and other amounts, | ||||||
25 | including arrearage, interest, or late payment
penalties | ||||||
26 | and fees, due or overdue under the order.
|
| |||||||
| |||||||
1 | (2) Any such amounts that have been received by the | ||||||
2 | clerk, and the
distribution of those amounts by the clerk.
| ||||||
3 | (h) Information filed by the obligor and obligee under this | ||||||
4 | Section that is
not specifically required to be included in the | ||||||
5 | body of an order for support
under other laws is not a public | ||||||
6 | record and shall be treated as
confidential and subject to | ||||||
7 | disclosure only in accordance with the provisions
of this | ||||||
8 | Section, Section 10-27 of the Illinois Public Aid Code, and | ||||||
9 | Title IV,
Part D of the Social Security Act.
| ||||||
10 | (Source: P.A. 91-212, eff. 7-20-99; 92-463, eff. 8-22-01; | ||||||
11 | revised 12-15-05.)
| ||||||
12 | (750 ILCS 45/15.1) (from Ch. 40, par. 2515.1)
| ||||||
13 | Sec. 15.1. (a) Whenever it is determined in a proceeding to | ||||||
14 | establish or
enforce a child support obligation that the person | ||||||
15 | owing a duty of support is
unemployed, the court may order the | ||||||
16 | person to seek employment and report
periodically to the court | ||||||
17 | with a diary, listing or other memorandum of his
or her efforts | ||||||
18 | in accordance with such order. Additionally, the court may
| ||||||
19 | order the unemployed person to report to the Department of | ||||||
20 | Employment
Security for job search services or to make | ||||||
21 | application with the local Job
Training Partnership Act | ||||||
22 | provider for participation in job search, training
or work | ||||||
23 | programs and where the duty of support is owed to a child | ||||||
24 | receiving
child support enforcement services under Article X of | ||||||
25 | the Illinois
Public Aid Code, as
amended, the court may order |
| |||||||
| |||||||
1 | the unemployed person to report to the
Illinois Department of | ||||||
2 | Healthcare and Family Services
Public Aid for participation in | ||||||
3 | job search, training
or work programs established under Section | ||||||
4 | 9-6 and Article IXA of that
Code.
| ||||||
5 | (b) Whenever it is determined that a
person owes past-due | ||||||
6 | support for a child,
and the child is receiving assistance | ||||||
7 | under the Illinois Public Aid Code,
the court shall order the
| ||||||
8 | following at the request of the Illinois Department of | ||||||
9 | Healthcare and Family Services
Public Aid :
| ||||||
10 | (1) that the person pay the past-due support in | ||||||
11 | accordance with a plan
approved by the court; or
| ||||||
12 | (2) if the person owing past-due support is unemployed, | ||||||
13 | is subject to such
a plan, and is
not incapacitated, that | ||||||
14 | the person participate in such job search, training, or
| ||||||
15 | work programs established under Section 9-6 and Article IXA | ||||||
16 | of the Illinois
Public Aid Code as the court deems | ||||||
17 | appropriate.
| ||||||
18 | (Source: P.A. 91-357, eff. 7-29-99; 92-590, eff. 7-1-02; | ||||||
19 | revised 12-15-05.)
| ||||||
20 | (750 ILCS 45/18) (from Ch. 40, par. 2518)
| ||||||
21 | Sec. 18. Right to Counsel; Free Transcript on Appeal.
| ||||||
22 | (a) Any party
may be represented by counsel at all | ||||||
23 | proceedings under this Act.
| ||||||
24 | (a-5) In any proceedings involving the support, custody,
| ||||||
25 | visitation, education, parentage, property interest, or |
| |||||||
| |||||||
1 | general welfare of a
minor or dependent child, the court may, | ||||||
2 | on its own motion or that of any
party, and subject to the | ||||||
3 | terms or specifications the court determines, appoint
an | ||||||
4 | attorney to serve in one of the following capacities:
| ||||||
5 | (1) as an attorney to represent the child;
| ||||||
6 | (2) as a guardian ad litem to address issues the court | ||||||
7 | delineates;
| ||||||
8 | (3) as a child's representative whose duty shall be to | ||||||
9 | advocate what the
representative finds to be in the best | ||||||
10 | interests of the child after reviewing
the facts and | ||||||
11 | circumstances of the case. The child's representative | ||||||
12 | shall have
the same power and authority to take part in the | ||||||
13 | conduct of the litigation as
does an attorney for a party | ||||||
14 | and shall possess all the powers of investigation
and | ||||||
15 | recommendation as does a guardian ad litem. The child's | ||||||
16 | representative
shall consider, but not be bound by, the | ||||||
17 | expressed wishes of the child. A
child's representative | ||||||
18 | shall have received training in child advocacy or shall
| ||||||
19 | possess such experience as determined to be equivalent to | ||||||
20 | such training by the
chief judge of the circuit where the | ||||||
21 | child's representative has been appointed.
The child's | ||||||
22 | representative shall not disclose confidential | ||||||
23 | communications made
by the child, except as required by law | ||||||
24 | or by the Rules of Professional
Conduct. The child's | ||||||
25 | representative shall not be called as a witness regarding
| ||||||
26 | the issues set forth in this subsection.
|
| |||||||
| |||||||
1 | During the proceedings the court may appoint an additional | ||||||
2 | attorney to
serve in another of the capacities described in | ||||||
3 | subdivisions (1), (2), or
(3) of the preceding paragraph on
its | ||||||
4 | own motion or that of a party only for good cause shown and | ||||||
5 | when the
reasons for the additional appointment are set forth | ||||||
6 | in specific findings.
| ||||||
7 | The court shall enter an order as appropriate for
costs, | ||||||
8 | fees, and disbursements, including a retainer, when the | ||||||
9 | attorney,
guardian ad litem, or child's representative is | ||||||
10 | appointed, and thereafter as
necessary. Such orders shall | ||||||
11 | require payment by either or both parents, by any
other party | ||||||
12 | or source, or from the marital estate or the child's separate
| ||||||
13 | estate.
The court may not order payment by the Illinois
| ||||||
14 | Department of Healthcare and Family Services
Public Aid
in | ||||||
15 | cases in which the Department is providing child support
| ||||||
16 | enforcement services
under Article X of the Illinois Public Aid | ||||||
17 | Code. Unless otherwise ordered by
the
court at the time fees | ||||||
18 | and costs are
approved, all fees and costs payable to an | ||||||
19 | attorney, guardian ad litem, or
child's representative under | ||||||
20 | this Section are by implication deemed to be in
the nature of | ||||||
21 | support of the child and are within the exceptions to discharge
| ||||||
22 | in bankruptcy under 11 U.S.C.A. 523. The provisions of Sections | ||||||
23 | 501 and 508 of
this Act shall apply to fees and costs for | ||||||
24 | attorneys appointed under this
Section.
| ||||||
25 | (b) Upon the request of a mother or child seeking to | ||||||
26 | establish the
existence of a father and child relationship, the |
| |||||||
| |||||||
1 | State's Attorney shall
represent the mother or child in the | ||||||
2 | trial court. If the child is an
applicant for or a recipient of | ||||||
3 | assistance as defined in Section 2-6 of
"The Illinois Public | ||||||
4 | Aid Code", approved April 11, 1967, as amended, or has
applied | ||||||
5 | to the Department of Healthcare and Family Services (formerly
| ||||||
6 | Illinois Department of Public Aid ) for services under Article
X | ||||||
7 | of such Code, the Department may file a complaint in the | ||||||
8 | child's behalf
under this Act. The Department shall refer the | ||||||
9 | complaint to the Public Aid
Claims Enforcement Division of the | ||||||
10 | Office of the Attorney General as
provided in Section 12-16 of | ||||||
11 | "The Illinois Public Aid Code" for enforcement
by the Attorney | ||||||
12 | General. Legal representation by the State's Attorney or
the | ||||||
13 | Attorney General shall be limited to the establishment and | ||||||
14 | enforcement
of an order for support, and shall not extend to | ||||||
15 | visitation, custody,
property or other matters. If visitation, | ||||||
16 | custody, property or other
matters are raised by a party and | ||||||
17 | considered by the court in any proceeding
under this Act, the | ||||||
18 | court shall provide a continuance sufficient to enable
the | ||||||
19 | mother or child to obtain representation for such matters.
| ||||||
20 | (c) The Court may appoint counsel to
represent any
indigent | ||||||
21 | defendant in the
trial court, except that this representation | ||||||
22 | shall be limited to the
establishment of a parent and child | ||||||
23 | relationship and an order for support,
and shall not extend to | ||||||
24 | visitation, custody, property, enforcement of an
order for | ||||||
25 | support, or other matters. If visitation, custody, property
or | ||||||
26 | other matters are raised by a party and considered by the court |
| |||||||
| |||||||
1 | in any
proceeding under this Act, the court shall provide a | ||||||
2 | continuance sufficient
to enable the defendant to obtain | ||||||
3 | representation for such matters.
| ||||||
4 | (d) The court shall furnish on request of any indigent | ||||||
5 | party a
transcript for purposes of appeal.
| ||||||
6 | (Source: P.A. 91-410, eff. 1-1-00; 92-590, eff. 7-1-02; revised | ||||||
7 | 12-15-05.)
| ||||||
8 | (750 ILCS 45/21) (from Ch. 40, par. 2521)
| ||||||
9 | Sec. 21. Support payments; receiving and disbursing | ||||||
10 | agents.
| ||||||
11 | (1) In an action filed in a county of less than 3 million
| ||||||
12 | population in which an order for child support is entered, and | ||||||
13 | in supplementary
proceedings in such a county to enforce or | ||||||
14 | vary the terms of
such order arising out of an action filed in | ||||||
15 | such a county,
the court, except in actions or supplementary | ||||||
16 | proceedings in which the
pregnancy and delivery expenses of the | ||||||
17 | mother or the child support payments
are for a recipient of aid | ||||||
18 | under the Illinois Public Aid Code, shall direct
that child | ||||||
19 | support payments be made to the clerk of the court unless in | ||||||
20 | the
discretion of the court exceptional circumstances warrant | ||||||
21 | otherwise. In
cases where payment is to be made to persons | ||||||
22 | other than the clerk of the
court the judgment or order of | ||||||
23 | support shall set forth the facts of the
exceptional | ||||||
24 | circumstances.
| ||||||
25 | (2) In an action filed in a county of 3 million or more
|
| |||||||
| |||||||
1 | population in which an order for child support is entered, and | ||||||
2 | in supplementary
proceedings in such a county to enforce or | ||||||
3 | vary the terms of
such order arising out of an action filed in | ||||||
4 | such a county, the court, except in actions or supplementary | ||||||
5 | proceedings
in which the pregnancy and delivery expenses of the | ||||||
6 | mother or
the child support payments are for a recipient of aid | ||||||
7 | under the Illinois
Public Aid Code, shall direct that child | ||||||
8 | support payments be made either to
the clerk of the court or to | ||||||
9 | the Court Service Division of the County
Department of Public | ||||||
10 | Aid, or to the clerk of the court or to the Illinois
Department | ||||||
11 | of Healthcare and Family Services
Public Aid , unless in the | ||||||
12 | discretion of the court exceptional
circumstances warrant | ||||||
13 | otherwise. In cases where payment is to be made to
persons | ||||||
14 | other than the clerk of the court, the Court Service Division | ||||||
15 | of
the County Department of Public Aid, or the Illinois
| ||||||
16 | Department of Healthcare and Family Services
Public
Aid , the | ||||||
17 | judgment or order of support shall set forth the facts of the
| ||||||
18 | exceptional circumstances.
| ||||||
19 | (3) Where the action or supplementary proceeding is in | ||||||
20 | behalf of a
mother for pregnancy and delivery expenses or for | ||||||
21 | child support, or both,
and the mother, child, or both, are | ||||||
22 | recipients of aid under the Illinois
Public Aid Code, the court | ||||||
23 | shall order that the payments be made directly
to (a) the | ||||||
24 | Illinois Department of Healthcare and Family Services
Public | ||||||
25 | Aid if the mother or child, or
both, are recipients under | ||||||
26 | Articles IV or V of the Code, or (b) the local
governmental |
| |||||||
| |||||||
1 | unit responsible for the support of the mother or child, or
| ||||||
2 | both, if they are recipients under Articles VI or VII of the | ||||||
3 | Code.
In accordance with federal law and regulations, the | ||||||
4 | Illinois Department of Healthcare and Family Services
Public | ||||||
5 | Aid may continue to collect current maintenance payments or | ||||||
6 | child
support payments, or both, after those persons cease to | ||||||
7 | receive public
assistance and until termination of services | ||||||
8 | under Article X of the Illinois
Public Aid Code. The Illinois
| ||||||
9 | Department of Healthcare and Family Services
Public Aid shall | ||||||
10 | pay the net
amount collected to those persons after deducting | ||||||
11 | any costs incurred in making
the collection or any collection | ||||||
12 | fee from the amount of any recovery made. The
Illinois
| ||||||
13 | Department of Healthcare and Family Services
Public Aid or the | ||||||
14 | local governmental unit, as the case
may be, may direct that | ||||||
15 | payments be made directly to the mother of the child,
or to | ||||||
16 | some other person or agency in the child's behalf, upon the | ||||||
17 | removal of
the mother and child from the public aid rolls or | ||||||
18 | upon termination of services
under Article X of the Illinois | ||||||
19 | Public Aid Code; and upon such direction, the
Illinois
| ||||||
20 | Department or the local governmental unit, as the case | ||||||
21 | requires, shall
give notice of such action to the court in | ||||||
22 | writing or by electronic
transmission.
| ||||||
23 | (4) All clerks of the court and the Court Service Division | ||||||
24 | of a County
Department of Public Aid and the Illinois
| ||||||
25 | Department of Healthcare and Family Services
Public Aid ,
| ||||||
26 | receiving child support payments under paragraphs
(1) or (2) |
| |||||||
| |||||||
1 | shall disburse the same to the person or persons entitled
| ||||||
2 | thereto under the terms of the order. They shall establish and | ||||||
3 | maintain
clear and current records of all moneys received and | ||||||
4 | disbursed and of
defaults and delinquencies in required | ||||||
5 | payments. The court, by order or
rule, shall make provision for | ||||||
6 | the carrying out of these duties.
| ||||||
7 | Payments under this Section to the Illinois Department of | ||||||
8 | Healthcare and Family Services
Public
Aid pursuant to the Child | ||||||
9 | Support Enforcement Program established by
Title IV-D of the | ||||||
10 | Social Security Act shall be paid into the Child Support
| ||||||
11 | Enforcement Trust Fund. All payments under this Section to the
| ||||||
12 | Illinois Department of Human Services shall be deposited in
the | ||||||
13 | DHS Recoveries Trust Fund. Disbursement from
these funds shall | ||||||
14 | be as provided in the Illinois Public Aid Code. Payments
| ||||||
15 | received by a local governmental unit shall be deposited in | ||||||
16 | that unit's General
Assistance Fund.
| ||||||
17 | (5) The moneys received by persons or agencies designated | ||||||
18 | by the
court shall be disbursed by them in accordance with the | ||||||
19 | order. However,
the court, on petition of the state's attorney, | ||||||
20 | may enter new orders
designating the clerk of the court or the | ||||||
21 | Illinois Department of Healthcare and Family Services
Public | ||||||
22 | Aid ,
as the person or agency authorized to receive and disburse | ||||||
23 | child support
payments and, in the case of recipients of public | ||||||
24 | aid, the court, on
petition of the Attorney General or State's | ||||||
25 | Attorney, shall direct
subsequent payments to be paid to the | ||||||
26 | Illinois Department of Healthcare and Family Services
Public |
| |||||||
| |||||||
1 | Aid or
to the appropriate local governmental unit, as provided | ||||||
2 | in paragraph (3).
Payments of child support by principals or | ||||||
3 | sureties on bonds, or proceeds
of any sale for the enforcement | ||||||
4 | of a judgment shall be made to the clerk of
the court, the | ||||||
5 | Illinois Department of Healthcare and Family Services
Public | ||||||
6 | Aid or the appropriate local
governmental unit, as the | ||||||
7 | respective provisions of this Section require.
| ||||||
8 | (6) For those cases in which child support is payable to | ||||||
9 | the clerk of
the circuit court for transmittal to the | ||||||
10 | Department of Healthcare and Family Services (formerly
| ||||||
11 | Illinois Department of Public Aid )
by order of court or upon | ||||||
12 | notification by the Department of Healthcare and Family | ||||||
13 | Services (formerly Illinois Department of Public
Aid ) , the | ||||||
14 | clerk shall transmit all such payments, within 4
working days | ||||||
15 | of receipt, to insure that funds are available for immediate
| ||||||
16 | distribution by the Department to the person or entity entitled | ||||||
17 | thereto in
accordance with standards of the Child Support | ||||||
18 | Enforcement Program
established under Title IV-D of the Social | ||||||
19 | Security Act. The clerk shall
notify the Department of the date | ||||||
20 | of receipt and amount thereof at the time
of transmittal. Where | ||||||
21 | the clerk has entered into an agreement of
cooperation with the | ||||||
22 | Department to record the terms of child support orders
and | ||||||
23 | payments made thereunder directly into the Department's | ||||||
24 | automated data
processing system, the clerk shall account for, | ||||||
25 | transmit and
otherwise distribute child support payments in | ||||||
26 | accordance with such
agreement in lieu of the requirements |
| |||||||
| |||||||
1 | contained herein.
| ||||||
2 | (7) To the extent the provisions of this Section are | ||||||
3 | inconsistent with
the requirements pertaining to the State | ||||||
4 | Disbursement Unit under Section 21.1
of this Act and Section | ||||||
5 | 10-26 of the Illinois Public Aid Code, the requirements
| ||||||
6 | pertaining to the State Disbursement Unit shall apply.
| ||||||
7 | (Source: P.A. 94-88, eff. 1-1-06; revised 12-15-05.)
| ||||||
8 | (750 ILCS 45/21.1)
| ||||||
9 | Sec. 21.1. Payment of Support to State Disbursement Unit.
| ||||||
10 | (a) As used in this Section:
| ||||||
11 | "Order for support", "obligor", "obligee", and "payor" | ||||||
12 | mean those terms as
defined in the Income Withholding for | ||||||
13 | Support Act, except that "order for
support" shall not mean | ||||||
14 | orders providing for spousal maintenance under which
there is | ||||||
15 | no child support obligation.
| ||||||
16 | (b) Notwithstanding any other provision of this Act to the | ||||||
17 | contrary, each
order
for
support entered or modified on or | ||||||
18 | after October 1, 1999 shall require that
support
payments be | ||||||
19 | made to the State Disbursement Unit established under Section | ||||||
20 | 10-26
of the
Illinois Public Aid Code if:
| ||||||
21 | (1) a party to the order is receiving child support
| ||||||
22 | enforcement services under Article X of the Illinois Public | ||||||
23 | Aid Code; or
| ||||||
24 | (2) no party to the order is receiving child support
| ||||||
25 | enforcement services, but the support payments are made |
| |||||||
| |||||||
1 | through income
withholding.
| ||||||
2 | (c) Support payments shall be
made to the State
| ||||||
3 | Disbursement Unit if:
| ||||||
4 | (1) the order for support was entered before October 1, | ||||||
5 | 1999, and a party
to the order is receiving child support | ||||||
6 | enforcement services
under Article X of the Illinois Public | ||||||
7 | Aid Code; or
| ||||||
8 | (2) no party to the order is receiving child support | ||||||
9 | enforcement services, and the support payments
are being | ||||||
10 | made through income withholding.
| ||||||
11 | (c-5) If no party to the order is receiving child support
| ||||||
12 | enforcement services under Article X of the Illinois Public Aid | ||||||
13 | Code, and
the support
payments are not made through income | ||||||
14 | withholding, then support payments shall
be made as directed by | ||||||
15 | the order for support.
| ||||||
16 | (c-10) At any time, and notwithstanding the existence of an | ||||||
17 | order
directing payments
to be made elsewhere, the Department | ||||||
18 | of Healthcare and Family Services
Public Aid may provide notice | ||||||
19 | to the
obligor and, where applicable, to the obligor's payor:
| ||||||
20 | (1) to make support payments to the State Disbursement | ||||||
21 | Unit if:
| ||||||
22 | (A) a party to the order for support is receiving | ||||||
23 | child support
enforcement services under Article X of | ||||||
24 | the Illinois Public Aid Code; or
| ||||||
25 | (B) no party to the order for support is receiving | ||||||
26 | child support
enforcement services under Article X of |
| |||||||
| |||||||
1 | the Illinois Public Aid Code, but the
support payments | ||||||
2 | are
made through income withholding; or
| ||||||
3 | (2) to make support payments to the State Disbursement | ||||||
4 | Unit of another
state upon request of another state's Title | ||||||
5 | IV-D child support enforcement
agency, in accordance with | ||||||
6 | the requirements of Title IV, Part D of the Social
Security | ||||||
7 | Act and regulations promulgated under that Part D.
| ||||||
8 | The Department of Healthcare and Family Services
Public Aid
| ||||||
9 | shall provide a copy of the notice to the
obligee
and to the | ||||||
10 | clerk of the circuit court.
| ||||||
11 | (c-15) Within 15 days after the effective date of this | ||||||
12 | amendatory Act of the
91st General
Assembly, the clerk of the | ||||||
13 | circuit court shall provide written notice to the
obligor to | ||||||
14 | directly to the clerk of the circuit court if no party to the | ||||||
15 | order
is receiving child
support enforcement services under | ||||||
16 | Article X of the Illinois Public Aid
Code, the support
payments | ||||||
17 | are not made through income withholding, and the order for
| ||||||
18 | support requires support payments to be made directly to the | ||||||
19 | clerk of the
circuit court. The clerk shall provide a copy of | ||||||
20 | the notice to the
obligee.
| ||||||
21 | (c-20) If the State Disbursement Unit receives a support | ||||||
22 | payment that was
not
appropriately
made to the Unit under this | ||||||
23 | Section, the Unit shall immediately return the
payment to the | ||||||
24 | sender, including, if possible, instructions detailing where | ||||||
25 | to
send the support payments.
| ||||||
26 | (d) The notices under subsections (c-10) and
(c-15) may be |
| |||||||
| |||||||
1 | sent by ordinary mail,
certified mail, return receipt | ||||||
2 | requested, facsimile transmission, or other
electronic | ||||||
3 | process, or may be served upon the obligor or payor using any | ||||||
4 | method
provided by law for service of a summons.
| ||||||
5 | (Source: P.A. 91-212, eff. 7-20-99; 91-677, eff. 1-5-00; | ||||||
6 | 92-590, eff. 7-1-02; revised 12-15-05.)
| ||||||
7 | (750 ILCS 45/22) (from Ch. 40, par. 2522)
| ||||||
8 | Sec. 22. In all cases instituted by the Department of | ||||||
9 | Healthcare and Family Services (formerly Illinois Department | ||||||
10 | of Public
Aid ) on behalf of a child or spouse, other than one | ||||||
11 | receiving a grant of
financial aid under Article IV of The | ||||||
12 | Illinois Public Aid Code, on whose
behalf an application has | ||||||
13 | been made and approved for child support
enforcement services | ||||||
14 | as
provided by Section 10-1 of that Code, the court shall | ||||||
15 | impose a collection
fee on the individual who owes a child or | ||||||
16 | spouse support obligation in an
amount equal to 10% of the | ||||||
17 | amount so owed as long as such collection is
required by | ||||||
18 | federal law, which fee shall be in addition to the support
| ||||||
19 | obligation. The imposition of such fee shall be in accordance | ||||||
20 | with
provisions of Title IV, Part D, of the Social Security Act | ||||||
21 | and regulations
duly promulgated thereunder. The fee shall be | ||||||
22 | payable to the clerk of the
circuit court for transmittal to | ||||||
23 | the Illinois Department of Healthcare and Family Services
| ||||||
24 | Public Aid and
shall continue until support services are | ||||||
25 | terminated by that Department.
|
| |||||||
| |||||||
1 | (Source: P.A. 92-590, eff. 7-1-02; revised 12-15-05.)
| ||||||
2 | (750 ILCS 45/23) (from Ch. 40, par. 2523)
| ||||||
3 | Sec. 23. Notice to Clerk of Circuit Court of Payment | ||||||
4 | Received by
Illinois Department of Healthcare and Family | ||||||
5 | Services
Public Aid for Recording. For those cases in which
| ||||||
6 | support is payable to the clerk of the circuit court for | ||||||
7 | transmittal to the
Department of Healthcare and Family Services | ||||||
8 | (formerly Illinois Department of Public Aid ) by order of court, | ||||||
9 | and the Illinois
Department of Public Aid collects support by | ||||||
10 | assignment , offset, withhold,
deduction or other process | ||||||
11 | permitted by law, the Illinois Department of
Public Aid shall | ||||||
12 | notify the clerk of the date and amount of such
collection. | ||||||
13 | Upon notification, the clerk shall record the collection on the
| ||||||
14 | payment record for the case.
| ||||||
15 | (Source: P.A. 83-1372; revised 12-15-05.)
| ||||||
16 | (750 ILCS 45/28) | ||||||
17 | Sec. 28. Notice of child support enforcement services. The | ||||||
18 | Illinois Department of Healthcare and Family Services
Public | ||||||
19 | Aid may provide notice at any time to the parties to an action | ||||||
20 | filed under this Act that child support enforcement services | ||||||
21 | are being provided by the Illinois Department under Article X | ||||||
22 | of the Illinois Public Aid Code. The notice shall be sent by | ||||||
23 | regular mail to the party's last known address on file with the | ||||||
24 | clerk of the court or the State Case Registry established under |
| |||||||
| |||||||
1 | Section 10-27 of the Illinois Public Aid Code. After notice is | ||||||
2 | provided pursuant to this Section, the Illinois Department | ||||||
3 | shall be entitled, as if it were a party, to notice of any | ||||||
4 | further proceedings brought in the case. The Illinois
| ||||||
5 | Department shall provide the clerk of the court with copies of | ||||||
6 | the notices sent to the parties. The clerk shall file the | ||||||
7 | copies in the court file.
| ||||||
8 | (Source: P.A. 94-88, eff. 1-1-06; revised 12-15-05.) | ||||||
9 | Section 1160. The Adoption Act is amended by changing | ||||||
10 | Section 18.05 as follows:
| ||||||
11 | (750 ILCS 50/18.05)
| ||||||
12 | Sec. 18.05. The Illinois Adoption Registry and Medical | ||||||
13 | Information
Exchange.
| ||||||
14 | (a) General function. Subject to appropriation, the | ||||||
15 | Department of Public
Health shall administer the Illinois | ||||||
16 | Adoption Registry and
Medical Information Exchange in the | ||||||
17 | manner outlined in subsections
(b) and (c) for the purpose of | ||||||
18 | facilitating the voluntary exchange of
medical information | ||||||
19 | between mutually consenting members of birth and adoptive | ||||||
20 | families.
The Department shall establish rules for the | ||||||
21 | confidential operation of the
Illinois Adoption
Registry. The | ||||||
22 | Department shall conduct a public
information campaign through | ||||||
23 | public service announcements
and other forms of media coverage | ||||||
24 | and, until December 31, 2010, through
notices enclosed with |
| |||||||
| |||||||
1 | driver's
license renewal applications, shall inform
the public | ||||||
2 | of
the Illinois Adoption Registry and Medical Information | ||||||
3 | Exchange. The Illinois
Adoption
Registry shall also
maintain an | ||||||
4 | informational Internet site where interested parties may | ||||||
5 | access
information about the Illinois Adoption Registry and | ||||||
6 | Medical Information
Exchange and download all necessary | ||||||
7 | application forms. The Illinois Adoption
Registry
shall | ||||||
8 | maintain statistical records regarding Registry participation | ||||||
9 | and publish
and circulate to the public
informational material
| ||||||
10 | about the function and operation of the Registry.
| ||||||
11 | (b) Establishment of the Adoption/Surrender Records File. | ||||||
12 | When a person has
voluntarily registered with
the Illinois | ||||||
13 | Adoption Registry and completed an Illinois Adoption Registry
| ||||||
14 | Application or a Registration Identification Form, the | ||||||
15 | Registry shall establish
a
new Adoption/Surrender Records | ||||||
16 | File. Such file may concern
an adoption that was finalized by a | ||||||
17 | court action in the State of Illinois, an
adoption of a person | ||||||
18 | born in Illinois finalized
by a court action in a state other | ||||||
19 | than Illinois or in a foreign country, a
surrender taken in the | ||||||
20 | State of Illinois, or an adoption filed according to Section | ||||||
21 | 16.1 of the Vital Records Act under a Record of Foreign Birth | ||||||
22 | that was not finalized by a court action in the State of | ||||||
23 | Illinois. Such file may be established for
adoptions or | ||||||
24 | surrenders finalized prior to as well as after the effective | ||||||
25 | date
of this amendatory Act. A file may be created in
any | ||||||
26 | manner to preserve documents including but not limited to |
| |||||||
| |||||||
1 | microfilm,
optical imaging, or electronic documents.
| ||||||
2 | (c) Contents of the Adoption/Surrender Records File. An | ||||||
3 | established
Adoption/Surrender
Records File shall be limited | ||||||
4 | to the following items, to the extent that they
are
available:
| ||||||
5 | (1) The General Information Section and Medical | ||||||
6 | Information Exchange
Questionnaire of any Illinois | ||||||
7 | Adoption Registry Application or a Registration
| ||||||
8 | Identification
Form which
has been voluntarily completed | ||||||
9 | by any registered party.
| ||||||
10 | (2) Any photographs
voluntarily provided
by any | ||||||
11 | registrant for any other registered party at the
time of | ||||||
12 | registration or any time thereafter.
All such photographs | ||||||
13 | shall be submitted in an unsealed
envelope no larger than 8 | ||||||
14 | 1/2" x 11", and shall not include identifying
information | ||||||
15 | pertaining to any person other than the registrant
who | ||||||
16 | submitted them.
Any such identifying information shall be | ||||||
17 | redacted by the Department or the
information shall be | ||||||
18 | returned for removal of identifying information.
| ||||||
19 | (3) Any Information Exchange Authorization or Denial | ||||||
20 | of Information
Exchange
which has been filed by a | ||||||
21 | registrant.
| ||||||
22 | (4) For all adoptions finalized after January 1, 2000, | ||||||
23 | copies of the
original certificate of live birth and the | ||||||
24 | certificate
of adoption.
| ||||||
25 | (5) Any updated address submitted by any registered | ||||||
26 | party about himself or
herself.
|
| |||||||
| |||||||
1 | (6) Any proof of death which has been submitted by a | ||||||
2 | registrant.
| ||||||
3 | (7) Any birth certificate that has been submitted by a | ||||||
4 | registrant.
| ||||||
5 | (8) Any marriage certificate that has been submitted by | ||||||
6 | a registrant.
| ||||||
7 | (9) Any proof of guardianship that has been submitted | ||||||
8 | by a registrant.
| ||||||
9 | (d) An established Adoption/Surrender Records File for an | ||||||
10 | adoption filed in Illinois under a Record of Foreign Birth that | ||||||
11 | was not finalized in a court action in the State of Illinois | ||||||
12 | shall be limited to the following items submitted to the State | ||||||
13 | Registrar of Vital Records under Section 16.1 of the Vital | ||||||
14 | Records Act, to the extent that they are available: | ||||||
15 | (1) Evidence as to the child's birth date and | ||||||
16 | birthplace (including the country of birth and, if | ||||||
17 | available, the city and province of birth) provided by the | ||||||
18 | original birth certificate, or by a certified copy, | ||||||
19 | extract, or translation thereof or by other document | ||||||
20 | essentially equivalent thereto (the records of the U.S. | ||||||
21 | Immigration and Naturalization Service or of the U.S. | ||||||
22 | Department of State to be considered essentially | ||||||
23 | equivalent thereto). | ||||||
24 | (2) A certified copy, extract, or translation of the | ||||||
25 | adoption decree or other document essentially equivalent | ||||||
26 | thereto (the records of the U.S. Immigration and |
| |||||||
| |||||||
1 | Naturalization Service or of the U.S. Department of State | ||||||
2 | to be considered essentially equivalent thereto). | ||||||
3 | (3) A copy of the IR-3 visa. | ||||||
4 | (4) The name and address of the adoption agency that | ||||||
5 | handled the adoption.
| ||||||
6 | (Source: P.A. 94-173, eff. 1-1-06; 94-430, eff. 8-2-05; revised | ||||||
7 | 8-19-05.)
| ||||||
8 | Section 1165. The Illinois Domestic Violence Act of 1986 is | ||||||
9 | amended by changing Sections 219, 223, 224, and 302 as follows:
| ||||||
10 | (750 ILCS 60/219) (from Ch. 40, par. 2312-19)
| ||||||
11 | Sec. 219. Plenary order of protection. A plenary order of | ||||||
12 | protection
shall issue if petitioner has served notice of the | ||||||
13 | hearing for that order on
respondent, in accordance with | ||||||
14 | Section 211, and satisfies the requirements
of this Section for | ||||||
15 | one or more of the requested remedies. For each remedy
| ||||||
16 | requested, petitioner must establish that:
| ||||||
17 | (1) the court has jurisdiction under Section 208;
| ||||||
18 | (2) the requirements of Section 214 are satisfied; and
| ||||||
19 | (3) a general appearance was made or filed by or for | ||||||
20 | respondent or
process was served on respondent in the manner | ||||||
21 | required by Section 210; and
| ||||||
22 | (4) respondent has answered or is in default.
| ||||||
23 | (Source: P.A. 84-1305; revised 2-25-02.)
|
| |||||||
| |||||||
1 | (750 ILCS 60/223) (from Ch. 40, par. 2312-23)
| ||||||
2 | Sec. 223. Enforcement of orders of protection.
| ||||||
3 | (a) When violation is crime. A violation of any order of | ||||||
4 | protection,
whether issued in a civil or criminal proceeding, | ||||||
5 | shall be enforced
by a
criminal court when:
| ||||||
6 | (1) The respondent commits the crime of violation of an | ||||||
7 | order of
protection pursuant to Section 12-30 of the | ||||||
8 | Criminal Code of
1961, by
having knowingly violated:
| ||||||
9 | (i) remedies described in paragraphs (1), (2), | ||||||
10 | (3), (14),
or (14.5) of
subsection (b) of Section 214 | ||||||
11 | of this Act; or
| ||||||
12 | (ii) a remedy, which is substantially similar to | ||||||
13 | the remedies
authorized under paragraphs (1), (2), | ||||||
14 | (3), (14), and (14.5) of subsection (b)
of Section 214 | ||||||
15 | of this Act, in a valid order of protection which is | ||||||
16 | authorized
under the laws of another state, tribe, or | ||||||
17 | United States territory; or
| ||||||
18 | (iii) any other remedy when the act
constitutes a | ||||||
19 | crime against the protected parties as defined by the
| ||||||
20 | Criminal Code of 1961.
| ||||||
21 | Prosecution for a violation of an order of
protection | ||||||
22 | shall not bar concurrent prosecution for any other crime,
| ||||||
23 | including any crime that may have been committed at the | ||||||
24 | time of the
violation of the order of protection; or
| ||||||
25 | (2) The respondent commits the crime of child abduction | ||||||
26 | pursuant
to Section 10-5 of the Criminal Code of 1961, by |
| |||||||
| |||||||
1 | having knowingly violated:
| ||||||
2 | (i) remedies described in paragraphs (5), (6) or | ||||||
3 | (8) of subsection
(b) of
Section 214 of this Act; or
| ||||||
4 | (ii) a remedy, which is substantially similar to | ||||||
5 | the remedies
authorized under paragraphs (5), (6), or | ||||||
6 | (8) of subsection (b) of Section 214
of this Act, in a | ||||||
7 | valid order of protection which is authorized under the | ||||||
8 | laws
of another state, tribe, or United States | ||||||
9 | territory.
| ||||||
10 | (b) When violation is contempt of court. A violation of any | ||||||
11 | valid
Illinois order of protection, whether issued in a civil | ||||||
12 | or criminal
proceeding, may be enforced through civil or | ||||||
13 | criminal contempt procedures,
as appropriate, by any court with | ||||||
14 | jurisdiction, regardless where the act or
acts which violated | ||||||
15 | the order of protection were committed, to the extent
| ||||||
16 | consistent with the venue provisions of this Act. Nothing in | ||||||
17 | this Act
shall preclude any Illinois court from enforcing any | ||||||
18 | valid order of
protection issued in another state. Illinois | ||||||
19 | courts may enforce orders of
protection through both criminal | ||||||
20 | prosecution and contempt proceedings,
unless the action which | ||||||
21 | is second in time is barred by collateral estoppel
or the | ||||||
22 | constitutional prohibition against double jeopardy.
| ||||||
23 | (1) In a contempt proceeding where the petition for a | ||||||
24 | rule to show
cause sets forth facts evidencing an immediate | ||||||
25 | danger that the
respondent will flee the jurisdiction, | ||||||
26 | conceal a child, or inflict physical
abuse on the |
| |||||||
| |||||||
1 | petitioner or minor children or on dependent adults in
| ||||||
2 | petitioner's care, the court may order the
attachment of | ||||||
3 | the respondent without prior service of the rule to show
| ||||||
4 | cause or the petition for a rule to show cause. Bond shall | ||||||
5 | be set unless
specifically denied in writing.
| ||||||
6 | (2) A petition for a rule to show cause for violation | ||||||
7 | of an order of
protection shall be treated as an expedited | ||||||
8 | proceeding.
| ||||||
9 | (c) Violation of custody or support orders. A violation of | ||||||
10 | remedies
described in paragraphs (5), (6), (8), or (9) of | ||||||
11 | subsection (b) of Section
214 of this Act may be enforced by | ||||||
12 | any remedy provided by Section 611 of
the Illinois Marriage and | ||||||
13 | Dissolution of Marriage Act. The court may
enforce any order | ||||||
14 | for support issued under paragraph (12) of subsection (b)
of | ||||||
15 | Section 214 in the manner provided for under Parts
Articles V | ||||||
16 | and VII of the
Illinois Marriage and Dissolution of Marriage | ||||||
17 | Act.
| ||||||
18 | (d) Actual knowledge. An order of protection may be | ||||||
19 | enforced pursuant to
this Section if the respondent violates | ||||||
20 | the order after the
respondent has
actual knowledge of its | ||||||
21 | contents as shown through one of the following means:
| ||||||
22 | (1) By service, delivery, or notice under Section 210.
| ||||||
23 | (2) By notice under Section 210.1 or 211.
| ||||||
24 | (3) By service of an order of protection under Section | ||||||
25 | 222.
| ||||||
26 | (4) By other means demonstrating actual knowledge of |
| |||||||
| |||||||
1 | the contents of the
order.
| ||||||
2 | (e) The enforcement of an order of protection in civil or | ||||||
3 | criminal court
shall not be affected by either of the | ||||||
4 | following:
| ||||||
5 | (1) The existence of a separate, correlative order, | ||||||
6 | entered under Section
215.
| ||||||
7 | (2) Any finding or order entered in a conjoined | ||||||
8 | criminal proceeding.
| ||||||
9 | (f) Circumstances. The court, when determining whether or | ||||||
10 | not a
violation of an order of protection has occurred, shall | ||||||
11 | not require
physical manifestations of abuse on the person of | ||||||
12 | the victim.
| ||||||
13 | (g) Penalties.
| ||||||
14 | (1) Except as provided in paragraph (3) of this
| ||||||
15 | subsection, where the court finds the commission of a crime | ||||||
16 | or contempt of
court under subsections (a) or (b) of this | ||||||
17 | Section, the penalty shall be
the penalty that generally | ||||||
18 | applies in such criminal or contempt
proceedings, and may | ||||||
19 | include one or more of the following: incarceration,
| ||||||
20 | payment of restitution, a fine, payment of attorneys' fees | ||||||
21 | and costs, or
community service.
| ||||||
22 | (2) The court shall hear and take into account evidence | ||||||
23 | of any factors
in aggravation or mitigation before deciding | ||||||
24 | an appropriate penalty under
paragraph (1) of this | ||||||
25 | subsection.
| ||||||
26 | (3) To the extent permitted by law, the court is |
| |||||||
| |||||||
1 | encouraged to:
| ||||||
2 | (i) increase the penalty for the knowing violation | ||||||
3 | of
any order of protection over any penalty previously | ||||||
4 | imposed by any court
for respondent's violation of any | ||||||
5 | order of protection or penal statute
involving | ||||||
6 | petitioner as victim and respondent as defendant;
| ||||||
7 | (ii) impose a minimum penalty of 24 hours | ||||||
8 | imprisonment for respondent's
first violation of any | ||||||
9 | order of protection; and
| ||||||
10 | (iii) impose a minimum penalty of 48 hours | ||||||
11 | imprisonment for
respondent's second or subsequent | ||||||
12 | violation of an order of protection
| ||||||
13 | unless the court explicitly finds that an increased penalty | ||||||
14 | or that
period of imprisonment would be manifestly unjust.
| ||||||
15 | (4) In addition to any other penalties imposed for a | ||||||
16 | violation of an
order of protection, a criminal court may | ||||||
17 | consider evidence of any
violations of an order of | ||||||
18 | protection:
| ||||||
19 | (i) to increase, revoke or modify the bail bond on | ||||||
20 | an underlying
criminal charge pursuant to Section | ||||||
21 | 110-6 of the Code of Criminal Procedure
of 1963;
| ||||||
22 | (ii) to revoke or modify an order of probation, | ||||||
23 | conditional discharge or
supervision, pursuant to | ||||||
24 | Section 5-6-4 of the Unified Code of Corrections;
| ||||||
25 | (iii) to revoke or modify a sentence of periodic | ||||||
26 | imprisonment,
pursuant to Section 5-7-2 of the Unified |
| |||||||
| |||||||
1 | Code of Corrections.
| ||||||
2 | (5) In addition to any other penalties, the court shall | ||||||
3 | impose an
additional fine of $20 as authorized by Section | ||||||
4 | 5-9-1.11 of the Unified Code of
Corrections upon any person | ||||||
5 | convicted of or placed on supervision for a
violation of an | ||||||
6 | order of protection.
The additional fine shall be imposed | ||||||
7 | for each violation of this Section.
| ||||||
8 | (Source: P.A. 93-359, eff. 1-1-04; revised 10-11-05.)
| ||||||
9 | (750 ILCS 60/224) (from Ch. 40, par. 2312-24)
| ||||||
10 | Sec. 224. Modification and re-opening of orders.
| ||||||
11 | (a) Except as otherwise provided in this Section, upon | ||||||
12 | motion by
petitioner, the court may modify an emergency, | ||||||
13 | interim, or plenary order of
protection:
| ||||||
14 | (1) If respondent has abused petitioner since the | ||||||
15 | hearing for that
order, by adding or altering one or more | ||||||
16 | remedies, as authorized by Section
214; and
| ||||||
17 | (2) Otherwise, by adding any remedy authorized by | ||||||
18 | Section 214 which was:
| ||||||
19 | (i) reserved in that order of protection;
| ||||||
20 | (ii) not requested for inclusion in that order of | ||||||
21 | protection; or
| ||||||
22 | (iii) denied on procedural grounds, but not on the | ||||||
23 | merits.
| ||||||
24 | (b) Upon motion by petitioner or respondent, the court may | ||||||
25 | modify any prior
order of protection's remedy for custody, |
| |||||||
| |||||||
1 | visitation or payment of support
in accordance with the | ||||||
2 | relevant provisions of the Illinois Marriage and
Dissolution of | ||||||
3 | Marriage Act. Each order of protection shall be entered in the
| ||||||
4 | Law Enforcement Agencies
Automated Data System on the same day | ||||||
5 | it is
issued by the court.
| ||||||
6 | (c) After 30 days following entry of a plenary order of | ||||||
7 | protection, a
court may modify that order only when changes in | ||||||
8 | the applicable law or
facts since that plenary order was | ||||||
9 | entered warrant a modification of its terms.
| ||||||
10 | (d) Upon 2 days' notice to petitioner, in accordance with | ||||||
11 | Section 211 of
this Act, or such shorter notice as the court | ||||||
12 | may prescribe, a respondent
subject to an emergency or interim | ||||||
13 | order of protection issued under this Act
may appear and | ||||||
14 | petition the court to re-hear the original or amended petition.
| ||||||
15 | Any petition to re-hear shall be verified and shall allege the | ||||||
16 | following:
| ||||||
17 | (1) that respondent did not receive prior notice of the | ||||||
18 | initial
hearing in which the emergency, interim, or plenary | ||||||
19 | order was entered
under Sections 211 and 217; and
| ||||||
20 | (2) that respondent had a meritorious defense to the | ||||||
21 | order or
any of its remedies or that the order or any of | ||||||
22 | its remedies was not
authorized by this Act.
| ||||||
23 | (e) In the event that the emergency or interim order
| ||||||
24 | granted petitioner exclusive possession and the petition of | ||||||
25 | respondent seeks
to re-open or vacate that grant, the court | ||||||
26 | shall set a date for hearing
within 14 days on all issues |
| |||||||
| |||||||
1 | relating to exclusive possession. Under no
circumstances shall | ||||||
2 | a court continue a hearing concerning exclusive
possession | ||||||
3 | beyond the 14th day, except by agreement of the parties. Other
| ||||||
4 | issues raised by the pleadings may be consolidated for the | ||||||
5 | hearing if
neither party nor the court objects.
| ||||||
6 | (f) This Section does not limit the means, otherwise | ||||||
7 | available by law,
for vacating or modifying orders of | ||||||
8 | protection.
| ||||||
9 | (Source: P.A. 87-1186; revised 2-17-03.)
| ||||||
10 | (750 ILCS 60/302) (from Ch. 40, par. 2313-2)
| ||||||
11 | Sec. 302. Data maintenance by law enforcement agencies.
| ||||||
12 | (a) All sheriffs shall furnish to the Department of State | ||||||
13 | Police, on the
same day as received, in the form and detail the | ||||||
14 | Department requires, copies of
any recorded emergency, | ||||||
15 | interim, or plenary orders of protection issued by the
court, | ||||||
16 | and any foreign orders of protection filed by the clerk of the | ||||||
17 | court,
and transmitted to the sheriff by the clerk of the court | ||||||
18 | pursuant to subsection
(b) of Section 222 of this Act. Each | ||||||
19 | order of protection shall be entered in
the Law Enforcement | ||||||
20 | Agencies
Automated Data System on the same day it
is issued by | ||||||
21 | the court. If an emergency order of protection was issued in
| ||||||
22 | accordance with subsection (c) of Section 217, the order shall | ||||||
23 | be entered in
the Law Enforcement Agencies
Automated Data | ||||||
24 | System as soon as possible
after receipt from the clerk.
| ||||||
25 | (b) The Department of State Police shall maintain a |
| |||||||
| |||||||
1 | complete and systematic
record and index of all valid and | ||||||
2 | recorded orders of protection issued pursuant
to this Act. The | ||||||
3 | data shall be used to inform all dispatchers and law
| ||||||
4 | enforcement officers at the scene of an alleged incident of | ||||||
5 | abuse, neglect,
or exploitation or violation of an order of | ||||||
6 | protection of any recorded prior
incident of abuse, neglect, or | ||||||
7 | exploitation involving the abused, neglected,
or exploited | ||||||
8 | party and the effective dates and terms of any recorded order | ||||||
9 | of
protection.
| ||||||
10 | (c) The data, records and transmittals required under this | ||||||
11 | Section shall
pertain to any valid emergency, interim or | ||||||
12 | plenary order of protection,
whether issued in a civil or | ||||||
13 | criminal proceeding or authorized under the laws
of another | ||||||
14 | state, tribe, or United States territory.
| ||||||
15 | (Source: P.A. 90-392, eff. 1-1-98; 91-903, eff. 1-1-01; revised | ||||||
16 | 2-17-03.)
| ||||||
17 | Section 1170. The Parental Notice of Abortion Act of 1995 | ||||||
18 | is amended by changing Section 10 as follows:
| ||||||
19 | (750 ILCS 70/10)
| ||||||
20 | Sec. 10. Definitions. As used in this Act:
| ||||||
21 | "Abortion" means the use of any instrument, medicine, drug, | ||||||
22 | or any other
substance or device to terminate the pregnancy of | ||||||
23 | a woman known to be pregnant
with an intention other than to | ||||||
24 | increase the probability of a live birth, to
preserve the life |
| |||||||
| |||||||
1 | or health of a child after live birth, or to remove a dead
| ||||||
2 | fetus.
| ||||||
3 | "Actual notice" means the giving of notice directly, in | ||||||
4 | person, or by
telephone.
| ||||||
5 | "Adult family member" means a person over 21 years of age | ||||||
6 | who is the parent,
grandparent, step-parent living in the | ||||||
7 | household, or legal guardian.
| ||||||
8 | "Constructive notice" means notice by certified mail to the | ||||||
9 | last known
address of the person entitled to notice with | ||||||
10 | delivery deemed to have occurred
48 hours after the certified | ||||||
11 | notice is mailed.
| ||||||
12 | "Incompetent" means any person who has been adjudged as | ||||||
13 | mentally ill or
developmentally disabled and who, because of | ||||||
14 | her mental illness or
developmental disability, is not fully | ||||||
15 | able to manage her person and for whom a
guardian of the person | ||||||
16 | has been appointed under Section 11a-3(a)(1) of the
Probate Act | ||||||
17 | of 1975.
| ||||||
18 | "Medical emergency" means a condition that, on the basis of | ||||||
19 | the
physician's good faith clinical judgment, so complicates | ||||||
20 | the medical condition
of a pregnant woman as to necessitate the | ||||||
21 | immediate abortion of her pregnancy
to avert her death or for | ||||||
22 | which a delay will create serious risk of
substantial and | ||||||
23 | irreversible impairment of major bodily function.
| ||||||
24 | "Minor" means any person under 18 years of age who is not | ||||||
25 | or has not been
married or who has not been emancipated under | ||||||
26 | the Emancipation of Mature
Minors Act.
|
| |||||||
| |||||||
1 | "Neglect" means the failure of an adult family member to | ||||||
2 | supply a child with
necessary food, clothing, shelter, or | ||||||
3 | medical care when reasonably able to do
so or the failure to | ||||||
4 | protect a child from conditions or actions that imminently
and | ||||||
5 | seriously endanger the child's physical or mental health when | ||||||
6 | reasonably
able to do so.
| ||||||
7 | "Physical abuse" means any physical injury intentionally | ||||||
8 | inflicted by an
adult family member on a child.
| ||||||
9 | "Physician" means any person licensed to practice medicine | ||||||
10 | in all its
branches under the Illinois Medical Practice Act of | ||||||
11 | 1987.
| ||||||
12 | "Sexual abuse" means any sexual conduct or sexual | ||||||
13 | penetration as defined in
Section 12-12 of the Criminal Code of | ||||||
14 | 1961 that is prohibited by the criminal
laws of the State of | ||||||
15 | Illinois and committed against a minor by an adult family
| ||||||
16 | member as defined in this Act.
| ||||||
17 | (Source: P.A. 89-18, eff. 6-1-95; revised 10-9-03.)
| ||||||
18 | Section 1175. The Probate Act of 1975 is amended by | ||||||
19 | changing Sections 6-5 and 11a-18 as follows:
| ||||||
20 | (755 ILCS 5/6-5) (from Ch. 110 1/2, par. 6-5)
| ||||||
21 | Sec. 6-5. Deposition of witness.) When a witness to a will | ||||||
22 | resides outside
the county in which the will is offered for | ||||||
23 | probate or is
unable to attend court and can be found and is | ||||||
24 | mentally and physically capable
of testifying, the court, upon |
| |||||||
| |||||||
1 | the petition of any person seeking probate
of the will and upon | ||||||
2 | such notice of the petition to persons interested as
the court | ||||||
3 | directs, may issue a commission with the will or a photographic
| ||||||
4 | copy thereof attached. The commission shall be directed to any | ||||||
5 | judge, notary
public, mayor or other chief magistrate of a city | ||||||
6 | or United States
State consul,
vice-consul, consular agent, | ||||||
7 | secretary of legation or commissioned officer
in active service | ||||||
8 | of the armed forces of the United States and shall authorize
| ||||||
9 | and require him to cause that witness to come before him at | ||||||
10 | such time and
place as he designates and to take the deposition | ||||||
11 | of the witness on oath
or affirmation and upon all such written | ||||||
12 | interrogatories
and cross-interrogatories as may be enclosed | ||||||
13 | with the commission. With
the least possible delay the person | ||||||
14 | taking the deposition shall certify
it, the commission, and the | ||||||
15 | interrogatories to the court from which the
commission issued. | ||||||
16 | When the deposition of a witness is so taken and returned
to | ||||||
17 | the court, his testimony has the same effect as if he testified | ||||||
18 | in the
court from which the commission issued. When the | ||||||
19 | commission is issued to
the officer by his official title only | ||||||
20 | and not by name, the seal of his
office attached to his | ||||||
21 | certificate is sufficient evidence of his identity
and official | ||||||
22 | character.
| ||||||
23 | (Source: P.A. 81-213; revised 10-11-05.)
| ||||||
24 | (755 ILCS 5/11a-18) (from Ch. 110 1/2, par. 11a-18)
| ||||||
25 | Sec. 11a-18. Duties of the estate guardian.
|
| |||||||
| |||||||
1 | (a) To the extent
specified in the order establishing the | ||||||
2 | guardianship, the guardian of
the estate shall have the care, | ||||||
3 | management and
investment of the estate, shall manage the | ||||||
4 | estate frugally and shall
apply the income and principal of the | ||||||
5 | estate so far as necessary for the
comfort and suitable support | ||||||
6 | and education of the ward, his minor and adult
dependent | ||||||
7 | children, and persons related by blood or marriage
who are | ||||||
8 | dependent upon or entitled to support from him, or for any | ||||||
9 | other
purpose which the court deems to be for the best | ||||||
10 | interests of the ward,
and the court may approve the making on | ||||||
11 | behalf of the ward of such
agreements as the court determines | ||||||
12 | to be for the ward's best interests.
The guardian may make | ||||||
13 | disbursement of his ward's
funds and estate directly to the | ||||||
14 | ward or other distributee or in such
other manner and in such | ||||||
15 | amounts as the court directs. If the estate of
a ward is | ||||||
16 | derived in whole or in part from payments of compensation,
| ||||||
17 | adjusted compensation, pension, insurance or other similar | ||||||
18 | benefits made
directly to the estate by the Veterans | ||||||
19 | Administration, notice of the
application for leave to invest | ||||||
20 | or expend the ward's funds or estate,
together with a copy of | ||||||
21 | the petition and proposed order, shall be given
to the | ||||||
22 | Veterans' Administration Regional Office in this State at least | ||||||
23 | 7
days before the hearing on the application.
| ||||||
24 | (a-5) The probate court, upon petition of a guardian, other | ||||||
25 | than the
guardian of a minor, and after notice to all other | ||||||
26 | persons interested as the
court directs, may authorize the |
| |||||||
| |||||||
1 | guardian to exercise any or all powers over
the estate and | ||||||
2 | business affairs of the ward that the ward could exercise if
| ||||||
3 | present and not under disability. The court may authorize the | ||||||
4 | taking of an
action or the application of funds not required | ||||||
5 | for the ward's current and
future maintenance
and support in | ||||||
6 | any manner approved by the court as being in keeping with the
| ||||||
7 | ward's wishes so far as they can be ascertained. The court must | ||||||
8 | consider the
permanence of the ward's disabling condition and | ||||||
9 | the natural objects of the
ward's bounty. In ascertaining and | ||||||
10 | carrying
out the ward's wishes the court may consider, but | ||||||
11 | shall not be limited to,
minimization of State or federal | ||||||
12 | income, estate, or inheritance taxes; and
providing gifts to | ||||||
13 | charities, relatives, and friends that would be likely
| ||||||
14 | recipients of donations from the ward. The ward's wishes as | ||||||
15 | best they can be
ascertained shall be carried out, whether or | ||||||
16 | not tax savings are involved.
Actions or applications of funds | ||||||
17 | may include, but shall not be limited to, the
following:
| ||||||
18 | (1) making gifts of income or principal, or both, of | ||||||
19 | the estate, either
outright or in trust;
| ||||||
20 | (2) conveying, releasing, or disclaiming his or her | ||||||
21 | contingent and
expectant interests in property, including | ||||||
22 | marital property rights and any
right of survivorship | ||||||
23 | incident to joint tenancy or tenancy by the entirety;
| ||||||
24 | (3) releasing or disclaiming his or her powers as | ||||||
25 | trustee, personal
representative, custodian for minors, or | ||||||
26 | guardian;
|
| |||||||
| |||||||
1 | (4) exercising, releasing, or disclaiming his or her | ||||||
2 | powers as donee
of a power of appointment;
| ||||||
3 | (5) entering into contracts;
| ||||||
4 | (6) creating for the benefit of the ward or others, | ||||||
5 | revocable or
irrevocable trusts of his or her property that | ||||||
6 | may extend beyond his or her
disability or life ; .
| ||||||
7 | (7) exercising options of the ward to purchase or | ||||||
8 | exchange
securities or other property;
| ||||||
9 | (8) exercising the rights of the ward to elect benefit | ||||||
10 | or payment
options, to terminate, to change beneficiaries | ||||||
11 | or ownership, to assign
rights, to borrow, or to receive | ||||||
12 | cash value in return for a surrender of
rights under any | ||||||
13 | one or more of the following:
| ||||||
14 | (i) life insurance policies, plans, or benefits , .
| ||||||
15 | (ii) annuity policies, plans, or benefits , .
| ||||||
16 | (iii) mutual fund and other dividend investment | ||||||
17 | plans , .
| ||||||
18 | (iv) retirement, profit sharing, and employee | ||||||
19 | welfare plans and
benefits;
| ||||||
20 | (9) exercising his or her right to claim or disclaim an | ||||||
21 | elective share
in the estate of his or her deceased spouse | ||||||
22 | and to renounce any interest by
testate or intestate | ||||||
23 | succession or by inter vivos transfer;
| ||||||
24 | (10) changing the ward's residence or domicile; or
| ||||||
25 | (11) modifying by means of codicil or trust amendment | ||||||
26 | the terms of the
ward's will or any revocable trust created |
| |||||||
| |||||||
1 | by the ward, as the court may
consider advisable in light | ||||||
2 | of changes in applicable tax laws.
| ||||||
3 | The guardian in his or her petition shall briefly outline | ||||||
4 | the action or
application of funds for which he or she seeks | ||||||
5 | approval, the results expected
to be accomplished thereby, and | ||||||
6 | the tax savings, if any, expected to accrue.
The proposed | ||||||
7 | action or application of funds may include gifts of the ward's
| ||||||
8 | personal property or real estate, but transfers of real estate | ||||||
9 | shall be subject
to the requirements of Section 20 of this Act. | ||||||
10 | Gifts may be for
the benefit of prospective legatees, devisees, | ||||||
11 | or heirs apparent of the ward
or may be made to individuals or | ||||||
12 | charities in which the ward is believed to
have an interest. | ||||||
13 | The guardian shall also indicate in the petition that any
| ||||||
14 | planned disposition is consistent with the intentions of the | ||||||
15 | ward insofar as
they can be ascertained, and if the ward's | ||||||
16 | intentions cannot be ascertained,
the ward will be presumed to | ||||||
17 | favor reduction in the incidents of various forms
of taxation | ||||||
18 | and the partial distribution of his or her estate as provided | ||||||
19 | in
this subsection. The guardian shall not, however, be | ||||||
20 | required to include as
a beneficiary or fiduciary any person | ||||||
21 | who he has reason to believe would be
excluded by the ward. A | ||||||
22 | guardian shall be required to investigate and pursue
a ward's | ||||||
23 | eligibility for governmental benefits.
| ||||||
24 | (b) Upon the direction of the court which issued his | ||||||
25 | letters,
a guardian may perform the contracts of his ward which | ||||||
26 | were
legally subsisting at the time of the commencement of the |
| |||||||
| |||||||
1 | ward's
disability. The court may authorize the guardian to | ||||||
2 | execute and deliver
any bill of sale, deed or other instrument.
| ||||||
3 | (c) The guardian of the estate of a ward shall
appear for | ||||||
4 | and represent the ward in all legal proceedings unless another
| ||||||
5 | person is appointed for that purpose as guardian or next | ||||||
6 | friend. This does not
impair the power of any court to appoint | ||||||
7 | a guardian ad litem or next friend
to defend the interests of | ||||||
8 | the ward in that court, or to appoint or allow any
person as | ||||||
9 | the next friend of a ward to commence, prosecute or defend any
| ||||||
10 | proceeding in his behalf. Without impairing the power of the | ||||||
11 | court in any
respect, if the guardian of the estate of a ward | ||||||
12 | and another person as next
friend shall appear for and | ||||||
13 | represent the ward in a legal proceeding in which
the | ||||||
14 | compensation of the attorney or attorneys representing the | ||||||
15 | guardian and
next friend is solely determined under a | ||||||
16 | contingent fee arrangement, the
guardian of the estate of the | ||||||
17 | ward shall not participate in or have any duty
to review the | ||||||
18 | prosecution of the action, to participate in or review the
| ||||||
19 | appropriateness of any settlement of the action, or to | ||||||
20 | participate in or review
any determination of the | ||||||
21 | appropriateness of any fees awarded to the attorney or
| ||||||
22 | attorneys employed in the prosecution of the action.
| ||||||
23 | (d) Adjudication of disability shall not revoke or
| ||||||
24 | otherwise terminate a trust which is revocable by the ward. A | ||||||
25 | guardian of the
estate shall have no authority to revoke a | ||||||
26 | trust that is revocable by the
ward, except that the court may |
| |||||||
| |||||||
1 | authorize a guardian to revoke a Totten trust
or similar | ||||||
2 | deposit or withdrawable capital account in trust to the extent
| ||||||
3 | necessary to provide funds for the purposes specified in | ||||||
4 | paragraph (a) of
this Section. If the trustee of any trust for | ||||||
5 | the benefit of the ward has
discretionary power to apply income | ||||||
6 | or principal for the ward's benefit,
the trustee shall not be | ||||||
7 | required to distribute any of the income or principal
to the | ||||||
8 | guardian of the ward's estate, but the guardian may
bring an | ||||||
9 | action on behalf of the ward to compel
the trustee to exercise | ||||||
10 | the trustee's discretion or to seek relief from
an abuse of | ||||||
11 | discretion. This paragraph shall not limit the right of a
| ||||||
12 | guardian of the estate to receive accountings from the trustee
| ||||||
13 | on behalf of the ward.
| ||||||
14 | (e) Absent court order pursuant to the " Illinois Power of | ||||||
15 | Attorney
Act " enacted by the 85th General Assembly directing a | ||||||
16 | guardian to exercise
powers of the principal under an agency | ||||||
17 | that survives disability, the
guardian will have no power, duty | ||||||
18 | or liability with respect to any property
subject to the | ||||||
19 | agency. This subsection (e) applies to all agencies,
whenever | ||||||
20 | and wherever executed.
| ||||||
21 | (f) Upon petition by any interested person (including the | ||||||
22 | standby or
short-term guardian), with such notice to interested | ||||||
23 | persons as the court
directs and a finding by the court that it | ||||||
24 | is in the best interest of the
disabled person, the court may | ||||||
25 | terminate or limit the authority of a standby or
short-term | ||||||
26 | guardian or may enter such other orders as the court deems |
| |||||||
| |||||||
1 | necessary
to provide for the best interest of the disabled | ||||||
2 | person. The petition for
termination or limitation of the | ||||||
3 | authority of a standby or short-term guardian
may, but need | ||||||
4 | not, be combined with a petition to have another guardian
| ||||||
5 | appointed for the disabled person.
| ||||||
6 | (Source: P.A. 89-672, eff. 8-14-96; 90-345, eff. 8-8-97; | ||||||
7 | 90-796, eff.
12-15-98; revised 1-20-03.)
| ||||||
8 | Section 1180. The Illinois Living Will Act is amended by | ||||||
9 | changing Sections 2 and 3 as follows:
| ||||||
10 | (755 ILCS 35/2) (from Ch. 110 1/2, par. 702)
| ||||||
11 | Sec. 2. Definitions: | ||||||
12 | (a) "Attending physician" means the physician selected by, | ||||||
13 | or assigned
to, the patient who has primary responsibility for | ||||||
14 | the treatment and care
of the patient.
| ||||||
15 | (b) "Declaration" means a witnessed document in writing, | ||||||
16 | voluntarily
executed by the declarant in accordance with the | ||||||
17 | requirements of Section 3.
| ||||||
18 | (c) "Health-care provider" means a person who is licensed, | ||||||
19 | certified
or otherwise authorized by the law of this State to | ||||||
20 | administer health care
in the ordinary course of business or | ||||||
21 | practice of a profession.
| ||||||
22 | (d) "Death delaying procedure" means any medical procedure | ||||||
23 | or intervention
which, when applied to a qualified patient, in | ||||||
24 | the judgement of the attending
physician would serve only to |
| |||||||
| |||||||
1 | postpone the moment of death. In
appropriate circumstances, | ||||||
2 | such procedures include, but are not limited to,
assisted | ||||||
3 | ventilation, artificial kidney treatments, intravenous feeding | ||||||
4 | or
medication, blood transfusions, tube feeding and other | ||||||
5 | procedures of
greater or lesser magnitude that serve only to | ||||||
6 | delay death. However, this
Act does not affect the | ||||||
7 | responsibility of the attending physician or other
health care | ||||||
8 | provider to provide treatment for a patient's comfort care or
| ||||||
9 | alleviation of pain. Nutrition and hydration shall not be | ||||||
10 | withdrawn or
withheld from a qualified patient if the | ||||||
11 | withdrawal or withholding would
result in death solely from | ||||||
12 | dehydration or starvation rather than from the
existing | ||||||
13 | terminal condition.
| ||||||
14 | (e) "Person" means an individual, corporation, business | ||||||
15 | trust,
estate, trust, partnership, association, government, | ||||||
16 | governmental
subdivision or agency, or any other legal entity.
| ||||||
17 | (f) ) "Physician" means a person licensed to practice | ||||||
18 | medicine in
all its branches.
| ||||||
19 | (g) "Qualified patient" means a patient who has executed a | ||||||
20 | declaration
in accordance with this Act and who has been | ||||||
21 | diagnosed and verified in
writing to be afflicted with a | ||||||
22 | terminal condition by his or her attending
physician who has | ||||||
23 | personally examined the patient. A qualified patient
has the | ||||||
24 | right to make decisions regarding death delaying procedures as | ||||||
25 | long
as he or she is able to do so.
| ||||||
26 | (h) "Terminal condition" means an incurable and |
| |||||||
| |||||||
1 | irreversible condition
which is such that death is imminent and | ||||||
2 | the application of death delaying
procedures serves only to | ||||||
3 | prolong the dying process.
| ||||||
4 | (Source: P.A. 85-860; revised 9-15-06.)
| ||||||
5 | (755 ILCS 35/3) (from Ch. 110 1/2, par. 703)
| ||||||
6 | Sec. 3. Execution of a Document.
| ||||||
7 | (a) An individual of sound mind and
having reached the age | ||||||
8 | of majority or having obtained the status of an
emancipated | ||||||
9 | person pursuant to the " Emancipation of Mature Minors
Act " , as | ||||||
10 | now or hereafter amended, may execute a document directing that | ||||||
11 | if
he is suffering from a terminal condition, then death | ||||||
12 | delaying procedures shall
not be utilized for the prolongation | ||||||
13 | of his life.
| ||||||
14 | (b) The declaration must be signed by the declarant, or | ||||||
15 | another at the
declarant's direction, and witnessed by 2 | ||||||
16 | individuals 18 years of age or
older.
| ||||||
17 | (c) The declaration of a qualified patient diagnosed as | ||||||
18 | pregnant by the
attending physician shall be given no force and | ||||||
19 | effect
as long as in the opinion of the attending physician it | ||||||
20 | is possible that
the fetus could develop to the point of live | ||||||
21 | birth with the continued
application of death delaying | ||||||
22 | procedures.
| ||||||
23 | (d) If the patient is able, it shall be the responsibility | ||||||
24 | of the
patient to provide for notification
to his or her | ||||||
25 | attending physician of the existence of a
declaration, to |
| |||||||
| |||||||
1 | provide the declaration to the physician and to ask the
| ||||||
2 | attending physician whether he or she is willing to comply with | ||||||
3 | its provisions.
An attending physician who is so notified shall | ||||||
4 | make the declaration, or
copy of the declaration, a part of the | ||||||
5 | patient's
medical records. If the physician is at any time | ||||||
6 | unwilling to comply
with its provisions, the physician shall | ||||||
7 | promptly so advise the declarant.
If the physician is unwilling | ||||||
8 | to comply with its provisions and the patient
is able, it is | ||||||
9 | the patient's responsibility to initiate the transfer to
| ||||||
10 | another physician of the patient's choosing. If the physician | ||||||
11 | is unwilling
to comply with its provisions and the patient is | ||||||
12 | at any time not able to
initiate the transfer, then the | ||||||
13 | attending physician
shall without delay notify the person with | ||||||
14 | the highest priority, as set
forth in this subsection, who is | ||||||
15 | available, able, and willing to make
arrangements for the | ||||||
16 | transfer of the patient and the appropriate medical
records to | ||||||
17 | another physician for the effectuation of the patient's
| ||||||
18 | declaration. The order of priority is as follows: (1) any | ||||||
19 | person authorized
by the patient to make such arrangements, (2) | ||||||
20 | a guardian of the person of
the patient, without the necessity | ||||||
21 | of obtaining a court order to do so, and
(3) any member of the | ||||||
22 | patient's family.
| ||||||
23 | (e) The declaration may, but need not, be in the following | ||||||
24 | form, and
in addition may include other specific directions. | ||||||
25 | Should any specific
direction be determined to be invalid, such | ||||||
26 | invalidity shall not affect
other directions of the declaration |
| |||||||
| |||||||
1 | which can be given effect without the
invalid direction, and to | ||||||
2 | this end the directions in the declaration are
severable.
| ||||||
3 | DECLARATION
| ||||||
4 | This declaration is made this ............. day of | ||||||
5 | ............. (month,
year). I, .................., being of | ||||||
6 | sound mind, willfully and
voluntarily make known my desires | ||||||
7 | that my moment of death shall not be
artificially postponed.
| ||||||
8 | If at any time I should have an incurable and irreversible | ||||||
9 | injury,
disease, or illness judged to be a terminal condition | ||||||
10 | by my attending
physician who has personally examined me and | ||||||
11 | has determined that my death
is imminent except for death | ||||||
12 | delaying procedures, I direct that such
procedures which would | ||||||
13 | only prolong the dying process be withheld or
withdrawn, and | ||||||
14 | that I be permitted to die naturally with only the
| ||||||
15 | administration of medication, sustenance, or the performance | ||||||
16 | of any medical
procedure deemed necessary by my attending | ||||||
17 | physician to provide me with comfort care.
| ||||||
18 | In the absence of my ability to give directions regarding | ||||||
19 | the use of such
death delaying procedures, it is my intention | ||||||
20 | that this declaration shall
be honored by my family and | ||||||
21 | physician as the final expression of my legal
right to refuse | ||||||
22 | medical or surgical treatment and accept the consequences
from | ||||||
23 | such refusal.
| ||||||
24 | Signed ....................
| ||||||
25 | City, County and State of Residence .........................
| ||||||
26 | The declarant is personally known to me and I believe him |
| |||||||
| |||||||
1 | or her to
be of sound mind. I saw the declarant sign the | ||||||
2 | declaration in my presence
(or the declarant acknowledged in my | ||||||
3 | presence that he or she had signed
the declaration) and I | ||||||
4 | signed the declaration as a witness in the presence
of the | ||||||
5 | declarant. I did not sign the declarant's signature above for | ||||||
6 | or at
the direction of the declarant. At the date of this | ||||||
7 | instrument, I am
not entitled to any portion of the estate of | ||||||
8 | the declarant according
to the laws of intestate succession or, | ||||||
9 | to the best of my knowledge and
belief, under any will of | ||||||
10 | declarant or other instrument taking effect at
declarant's | ||||||
11 | death, or directly financially responsible for declarant's | ||||||
12 | medical care.
| ||||||
13 | Witness ..................
| ||||||
14 | Witness ..................
| ||||||
15 | (Source: P.A. 85-1209; revised 10-9-03.)
| ||||||
16 | Section 1185. The Health Care Surrogate Act is amended by | ||||||
17 | changing Section 10 as follows:
| ||||||
18 | (755 ILCS 40/10) (from Ch. 110 1/2, par. 851-10)
| ||||||
19 | Sec. 10. Definitions.
| ||||||
20 | "Adult" means a person who is (i) 18 years of age or older | ||||||
21 | or (ii) an
emancipated minor under the Emancipation of Mature
| ||||||
22 | Minors Act.
| ||||||
23 | "Artificial nutrition and hydration" means supplying food | ||||||
24 | and water through a
conduit, such as a tube or intravenous |
| |||||||
| |||||||
1 | line, where the recipient is not
required to chew or swallow | ||||||
2 | voluntarily, including, but not limited to,
nasogastric tubes, | ||||||
3 | gastrostomies, jejunostomies, and
intravenous infusions. | ||||||
4 | Artificial nutrition and hydration does not include
assisted | ||||||
5 | feeding, such as spoon or bottle feeding.
| ||||||
6 | "Available" means that a person is not "unavailable". A | ||||||
7 | person is
unavailable if (i) the person's existence is not | ||||||
8 | known, (ii) the person has
not been able to be contacted by | ||||||
9 | telephone or mail, or (iii) the person
lacks decisional | ||||||
10 | capacity, refuses to accept the office of surrogate, or is
| ||||||
11 | unwilling to respond in a manner that indicates a choice among | ||||||
12 | the
treatment matters at issue.
| ||||||
13 | "Attending physician" means the physician selected by or
| ||||||
14 | assigned to the patient who has primary responsibility for
| ||||||
15 | treatment and care of the patient and who is a licensed | ||||||
16 | physician
in Illinois. If more than one physician shares that
| ||||||
17 | responsibility, any of those physicians may act as the | ||||||
18 | attending
physician under this Act.
| ||||||
19 | "Close friend" means any person 18 years of age or older | ||||||
20 | who
has exhibited special care and concern for the patient and | ||||||
21 | who
presents an affidavit to the attending physician stating | ||||||
22 | that he or
she (i) is a close friend of the patient, (ii) is | ||||||
23 | willing and able to become
involved in the patient's health | ||||||
24 | care, and (iii) has maintained such
regular contact with the | ||||||
25 | patient as to be familiar with the
patient's activities, | ||||||
26 | health, and religious and moral beliefs. The
affidavit must |
| |||||||
| |||||||
1 | also state facts and circumstances that demonstrate that
| ||||||
2 | familiarity.
| ||||||
3 | "Death" means when, according to accepted medical | ||||||
4 | standards,
there is (i) an irreversible cessation of | ||||||
5 | circulatory and
respiratory functions or (ii) an irreversible | ||||||
6 | cessation of all
functions of the entire brain, including the | ||||||
7 | brain stem.
| ||||||
8 | "Decisional capacity" means the ability to understand and
| ||||||
9 | appreciate the nature and consequences of a decision regarding
| ||||||
10 | medical treatment or
forgoing life-sustaining treatment and | ||||||
11 | the ability to reach and
communicate an informed decision in | ||||||
12 | the matter as determined by the
attending physician.
| ||||||
13 | "Forgo life-sustaining treatment" means to withhold,
| ||||||
14 | withdraw, or terminate all or any portion of life-sustaining
| ||||||
15 | treatment with knowledge that the patient's death is likely to
| ||||||
16 | result.
| ||||||
17 | "Guardian" means a court appointed guardian of the person | ||||||
18 | who
serves as a representative of a minor or as a | ||||||
19 | representative of a
person under legal disability.
| ||||||
20 | "Health care facility" means a type of health care provider
| ||||||
21 | commonly known by a wide variety of titles, including but not
| ||||||
22 | limited to, hospitals, medical centers, nursing homes,
| ||||||
23 | rehabilitation centers, long term or tertiary care facilities, | ||||||
24 | and
other facilities established to administer health care and | ||||||
25 | provide
overnight stays in their ordinary course of business or | ||||||
26 | practice.
|
| |||||||
| |||||||
1 | "Health care provider" means a person that is licensed,
| ||||||
2 | certified, or otherwise authorized or permitted by the law of | ||||||
3 | this
State to administer health care in the ordinary course of | ||||||
4 | business
or practice of a profession, including, but not | ||||||
5 | limited to,
physicians, nurses, health care facilities, and any | ||||||
6 | employee,
officer, director, agent, or person under contract | ||||||
7 | with such a
person.
| ||||||
8 | "Imminent" (as in "death is imminent") means a | ||||||
9 | determination
made by the attending physician according to | ||||||
10 | accepted medical
standards that death will occur in a | ||||||
11 | relatively short period of
time, even if life-sustaining | ||||||
12 | treatment is initiated or continued.
| ||||||
13 | "Life-sustaining treatment" means any medical treatment,
| ||||||
14 | procedure, or intervention that, in the judgment of the | ||||||
15 | attending
physician, when applied to a patient with a | ||||||
16 | qualifying condition,
would not be effective to remove the | ||||||
17 | qualifying condition
or would serve only to prolong the dying | ||||||
18 | process. Those
procedures can include, but are not limited to, | ||||||
19 | assisted
ventilation, renal dialysis, surgical procedures, | ||||||
20 | blood
transfusions, and the administration of drugs, | ||||||
21 | antibiotics, and
artificial nutrition and hydration.
| ||||||
22 | "Minor" means an individual who is not an adult as defined | ||||||
23 | in
this Act.
| ||||||
24 | "Parent" means a person who is the natural or adoptive | ||||||
25 | mother
or father of the child and whose parental rights have | ||||||
26 | not been
terminated by a court of law.
|
| |||||||
| |||||||
1 | "Patient" means an adult or minor individual, unless | ||||||
2 | otherwise
specified, under the care or treatment of a licensed | ||||||
3 | physician or
other health care provider.
| ||||||
4 | "Person" means an individual, a corporation, a business | ||||||
5 | trust,
a trust, a partnership, an association, a government, a
| ||||||
6 | governmental subdivision or agency, or any other legal entity.
| ||||||
7 | "Qualifying condition" means the existence of one or more | ||||||
8 | of
the following conditions in a patient certified in writing | ||||||
9 | in the
patient's medical record by the attending physician and | ||||||
10 | by at least
one other qualified physician:
| ||||||
11 | (1) "Terminal condition" means an illness or injury for
| ||||||
12 | which there is no reasonable prospect of cure or recovery,
| ||||||
13 | death is imminent, and the application of life-sustaining
| ||||||
14 | treatment would only prolong the dying process.
| ||||||
15 | (2) "Permanent unconsciousness" means a condition | ||||||
16 | that,
to a high degree of medical certainty, (i) will last
| ||||||
17 | permanently, without improvement, (ii) in which
thought, | ||||||
18 | sensation, purposeful action, social interaction, and
| ||||||
19 | awareness of self and environment are absent, and (iii) for
| ||||||
20 | which initiating or continuing life-sustaining treatment, | ||||||
21 | in
light of the patient's medical condition, provides only
| ||||||
22 | minimal medical benefit.
| ||||||
23 | (3) "Incurable or irreversible condition" means an
| ||||||
24 | illness or injury (i) for which there is no reasonable
| ||||||
25 | prospect of cure or recovery, (ii) that ultimately will | ||||||
26 | cause
the patient's death even if life-sustaining |
| |||||||
| |||||||
1 | treatment is
initiated or continued, (iii) that imposes | ||||||
2 | severe pain or
otherwise imposes an inhumane burden on the | ||||||
3 | patient, and (iv)
for which initiating or continuing | ||||||
4 | life-sustaining treatment,
in light of the patient's | ||||||
5 | medical condition, provides only
minimal medical benefit.
| ||||||
6 | The determination that a patient has a qualifying condition | ||||||
7 | creates
no presumption regarding the application or | ||||||
8 | non-application of life-sustaining
treatment. It is only after | ||||||
9 | a determination by the attending
physician that the patient has | ||||||
10 | a qualifying condition that the
surrogate decision maker may | ||||||
11 | consider whether or not to forgo
life-sustaining treatment. In | ||||||
12 | making this decision, the surrogate
shall weigh the burdens on | ||||||
13 | the patient of initiating or continuing
life-sustaining | ||||||
14 | treatment against the benefits of that treatment.
| ||||||
15 | "Qualified physician" means a physician licensed to | ||||||
16 | practice
medicine in all of its branches in Illinois who has | ||||||
17 | personally
examined the patient.
| ||||||
18 | "Surrogate decision maker" means an adult individual or
| ||||||
19 | individuals who (i) have decisional capacity, (ii) are | ||||||
20 | available
upon reasonable inquiry, (iii) are willing to make | ||||||
21 | medical treatment
decisions on behalf of
a patient who lacks | ||||||
22 | decisional capacity, and (iv) are identified by
the attending | ||||||
23 | physician in accordance with the provisions of this
Act as the | ||||||
24 | person or persons who are to make those decisions in
accordance | ||||||
25 | with the provisions of this Act.
| ||||||
26 | (Source: P.A. 90-246, eff. 1-1-98; 90-538, eff. 12-1-97; |
| |||||||
| |||||||
1 | 90-655, eff.
7-30-98; revised 10-9-03.)
| ||||||
2 | Section 1190. The Illinois Anatomical Gift Act is amended | ||||||
3 | by adding Section 5-27 (incorporating and renumbering Section | ||||||
4 | 3.5 of the Organ Donation Request Act from Public Act 93-888) | ||||||
5 | as follows:
| ||||||
6 | (755 ILCS 50/5-27) (was 755 ILCS 60/3.5)
| ||||||
7 | Sec. 5-27
3.5 . Notification of patient; family rights and | ||||||
8 | options. | ||||||
9 | (a) In this Section, "donation after cardiac death" means | ||||||
10 | the donation of organs from a ventilated patient without a | ||||||
11 | certification of brain death and with a do-not-resuscitate | ||||||
12 | order, if a decision has been reached by the physician and the | ||||||
13 | family to withdraw life support and if the donation does not | ||||||
14 | occur until after the declaration of cardiac death. | ||||||
15 | (b) If (i) a potential organ donor, or an individual given | ||||||
16 | authority under subsection (b) of Section 5-25
2 to consent to | ||||||
17 | an organ donation, expresses an interest in organ donation, | ||||||
18 | (ii) there has not been a certification of brain death for the | ||||||
19 | potential donor, and (iii) the potential donor is a patient at | ||||||
20 | a hospital that does not allow donation after cardiac death, | ||||||
21 | then the organ procurement agency shall inform the patient or | ||||||
22 | the individual given authority to consent to organ donation | ||||||
23 | that the hospital does not allow donation after cardiac death.
| ||||||
24 | (c) In addition to providing oral notification, the organ |
| |||||||
| |||||||
1 | procurement agency shall develop a written form that indicates | ||||||
2 | to the patient or the individual given authority to consent to | ||||||
3 | organ donation, at a minimum, the following information:
| ||||||
4 | (1) That the patient or the individual given authority | ||||||
5 | to consent to organ donation has received literature and | ||||||
6 | has been counseled by (representative's name) of the (organ | ||||||
7 | procurement agency name). | ||||||
8 | (2) That all organ donation options have been explained | ||||||
9 | to the patient or the individual given authority to consent | ||||||
10 | to organ donation, including the option of donation after | ||||||
11 | cardiac death. | ||||||
12 | (3) That the patient or the individual given authority | ||||||
13 | to consent to organ donation is aware that the hospital | ||||||
14 | where the potential donor is a patient does not allow | ||||||
15 | donation after cardiac death.
| ||||||
16 | (4) That the patient or the individual given authority | ||||||
17 | to consent to organ donation has been informed of the right | ||||||
18 | to request a patient transfer to a facility allowing | ||||||
19 | donation after cardiac death. | ||||||
20 | (5) That the patient or the individual given authority | ||||||
21 | to consent to organ donation has been informed of another | ||||||
22 | hospital that will allow donation after cardiac death and | ||||||
23 | will accept a patient transfer for the purpose of donation | ||||||
24 | after cardiac death; and that the cost of transferring the | ||||||
25 | patient to that other hospital will be covered by the organ | ||||||
26 | procurement agency, with no additional cost to the patient |
| |||||||
| |||||||
1 | or the individual given authority to consent to organ | ||||||
2 | donation. | ||||||
3 | The form required under this subsection must include a | ||||||
4 | place for the signatures of the patient or the individual given | ||||||
5 | authority to consent to organ donation and the representative | ||||||
6 | of the organ procurement agency and space to provide the date | ||||||
7 | that the form was signed.
| ||||||
8 | (Source: Incorporates P.A. 93-888, eff. 8-9-04; revised | ||||||
9 | 1-16-05.)
| ||||||
10 | Section 1195. The Cemetery Perpetual Trust Authorization | ||||||
11 | Act is amended by changing Section 2 as follows:
| ||||||
12 | (760 ILCS 95/2) (from Ch. 21, par. 64)
| ||||||
13 | Sec. 2. Any incorporated cemetery association incorporated | ||||||
14 | not for
pecuniary profit, may if it elects to do so, receive | ||||||
15 | and hold money, funds
and property in perpetual trust pursuant | ||||||
16 | to the provisions of this act.
Such election shall be evidenced | ||||||
17 | by a by-law or resolution adopted by the
board of directors, or | ||||||
18 | board of trustees of the incorporated cemetery
association. Any | ||||||
19 | person is authorized to give, donate or bequeath
any sum of | ||||||
20 | money or any funds, securities, or property of any kind to the
| ||||||
21 | cemetery association, in perpetual trust, for the maintenance, | ||||||
22 | care,
repair, upkeep or ornamentation of the cemetery, or any | ||||||
23 | lot or lots, or
grave or graves in the cemetery, specified in | ||||||
24 | the instrument making the
gift, donation or legacy. The |
| |||||||
| |||||||
1 | cemetery association
may receive and
hold in perpetual trust, | ||||||
2 | any such money, funds, securities and property so
given, | ||||||
3 | donated or bequeathed to it, and may convert the property,
| ||||||
4 | funds and securities into money and shall invest and keep | ||||||
5 | invested the
proceeds thereof and the money so given, donated | ||||||
6 | and bequeathed, in safe
and secure income bearing investments, | ||||||
7 | including investments in income
producing real estate, | ||||||
8 | provided the purchase price of the real estate shall
not exceed | ||||||
9 | the fair market value thereof on the date of its purchase as
| ||||||
10 | such value is determined by the board of directors or board of | ||||||
11 | trustees of
the association. The principal of the trust fund | ||||||
12 | shall be kept intact and
the income arising therefrom shall be | ||||||
13 | perpetually applied for the uses and
purposes specified in the | ||||||
14 | instrument making the gift, donation or
legacy and for no other | ||||||
15 | purpose.
| ||||||
16 | The by-laws of the cemetery association shall provide for a | ||||||
17 | permanent
committee to manage and control the trust funds so | ||||||
18 | given, donated
and bequeathed to it. The members of the | ||||||
19 | committee shall be appointed by
the board of directors, or | ||||||
20 | board of trustees of the cemetery association
from among the | ||||||
21 | members of the board of directors or board of trustees. The
| ||||||
22 | committee shall choose a chairman, a secretary and a treasurer | ||||||
23 | from among
the members, and shall have the management and | ||||||
24 | control of the trust funds
of the cemetery association so | ||||||
25 | given, donated and bequeathed in
trust, under the supervision | ||||||
26 | of the board of directors or board of
trustees. The treasurer |
| |||||||
| |||||||
1 | of the committee shall execute a bond to the People
of the | ||||||
2 | State of Illinois for the use of the cemetery association, in a
| ||||||
3 | penal sum of not less than double the amount of the trust funds | ||||||
4 | coming into
his possession as treasurer, conditioned for the | ||||||
5 | faithful
performance of his
duties and the faithful accounting | ||||||
6 | for all money or funds which by virtue
of his treasurership
| ||||||
7 | treasureship come into his possession, and be in such
form and | ||||||
8 | with such
securities as may be prescribed and approved by the | ||||||
9 | board of directors, or
board of trustees, and shall be approved | ||||||
10 | by such board of directors, or
board of trustees, and filed | ||||||
11 | with the secretary of the cemetery
association.
| ||||||
12 | The treasurer of the committee shall have the custody of | ||||||
13 | all money,
funds and property received in trust by the cemetery | ||||||
14 | association and shall
invest the same in accordance with the | ||||||
15 | directions of the committee as
approved by the board of | ||||||
16 | directors or board of trustees of the cemetery
association, and | ||||||
17 | shall receive and have the custody of all of the income
arising | ||||||
18 | from such investments and as the income is received by him, he
| ||||||
19 | shall pay it to the treasurer of the cemetery association, and | ||||||
20 | he shall
keep permanent books of record of all such trust funds | ||||||
21 | and of all receipts
arising therefrom and disbursements | ||||||
22 | thereof, and shall annually make a
written report to the board | ||||||
23 | of directors or board of trustees of the
cemetery association, | ||||||
24 | under oath, showing receipts and disbursements,
including a | ||||||
25 | statement showing the amount and principal of trust funds on
| ||||||
26 | hand and how invested, which report shall be audited by the |
| |||||||
| |||||||
1 | board of
directors, or board of trustees, and if found correct, | ||||||
2 | shall be approved,
and filed with the secretary of the cemetery | ||||||
3 | association.
| ||||||
4 | The secretary of the committee shall keep, in a book | ||||||
5 | provided for such
purpose, a permanent record of the | ||||||
6 | proceedings of the committee, signed
by the president and | ||||||
7 | attested by the secretary, and shall also keep a
permanent | ||||||
8 | record of the several trust funds, the amounts thereof, and for
| ||||||
9 | what uses and purposes, respectively, and he shall annually, at | ||||||
10 | the time the
treasurer makes his report, make a written report | ||||||
11 | under oath, to the
board of directors or board of trustees, | ||||||
12 | stating therein substantially the
same matter required to be | ||||||
13 | reported by the treasurer of the committee,
which report, if | ||||||
14 | found to be correct, shall be approved, and filed with the
| ||||||
15 | secretary of the association.
| ||||||
16 | The treasurer shall execute a bond to the People of the | ||||||
17 | State of
Illinois, in a penal sum of not less than double the | ||||||
18 | amount of money or
funds coming into his possession as such | ||||||
19 | treasurer, conditioned
for the faithful
performance of his | ||||||
20 | duties and the faithful accounting of all money or funds
which | ||||||
21 | by virtue of his office come into his possession and
be in such | ||||||
22 | form and
with such securities as may be prescribed and approved | ||||||
23 | by the board of
directors, or board of trustees, and shall be | ||||||
24 | approved by such board of
directors or board of trustees and | ||||||
25 | filed with the secretary of the cemetery
association.
| ||||||
26 | The trust funds, gifts and legacies mentioned
in this |
| |||||||
| |||||||
1 | section
and the income arising therefrom shall be exempt from | ||||||
2 | taxation and from the
operation of all laws of mortmain, and | ||||||
3 | the laws against perpetuities and
accumulations.
| ||||||
4 | Where the cemetery is a privately operated cemetery, as | ||||||
5 | defined in
section 2 of the Cemetery Care Act, approved July | ||||||
6 | 21, 1947, as amended,
or where the lot or lots or grave or | ||||||
7 | graves are in a privately
operated cemetery, as defined in | ||||||
8 | section 2 of that Act, then such cemetery
association or such | ||||||
9 | committee, shall also comply with the provisions of the
| ||||||
10 | Cemetery Care Act.
| ||||||
11 | (Source: P.A. 83-388; revised 10-19-05.)
| ||||||
12 | Section 1200. The Drilling Operations Act is amended by | ||||||
13 | changing Section 4 as follows:
| ||||||
14 | (765 ILCS 530/4) (from Ch. 96 1/2, par. 9654)
| ||||||
15 | Sec. 4. Notice.
| ||||||
16 | (a) Prior to commencement of the drilling of a well, the | ||||||
17 | operator shall
give written notice to the surface owner of the | ||||||
18 | operator's intent to commence
drilling operations.
| ||||||
19 | (b) The operator shall, for the purpose of giving notice as | ||||||
20 | herein
required, secure from the assessor's office within 90 | ||||||
21 | days prior to the
giving of the notice, a certification which | ||||||
22 | shall identify the person in
whose name the lands on which | ||||||
23 | drilling operations are to be commenced and who
is assessed at | ||||||
24 | the time the certification is made. The written certification
|
| |||||||
| |||||||
1 | made by the assessor of the surface owner shall be conclusive | ||||||
2 | evidence of
the surface ownership and of the operator's | ||||||
3 | compliance with the provisions of
this Act.
| ||||||
4 | (c) The notice required to be given by the operator to the | ||||||
5 | surface owner
shall identify the following:
| ||||||
6 | (1) The location of the proposed entry on the
surface | ||||||
7 | for drilling operations, and the date on or after which | ||||||
8 | drilling
operations shall be commenced.
| ||||||
9 | (2) A photocopy of the drilling application to the | ||||||
10 | Department
of Natural Resources for
the well to be drilled.
| ||||||
11 | (3) The name, address and telephone number of the | ||||||
12 | operator.
| ||||||
13 | (4) An offer to discuss with the surface owner those | ||||||
14 | matters set forth
in Section 5 hereof prior to commencement | ||||||
15 | of drilling operations.
| ||||||
16 | (5) If the surface owner elects to meet the operator, the | ||||||
17 | surface owner
shall request the operator to schedule a meeting | ||||||
18 | at a mutually agreed time
and place within the limitations set | ||||||
19 | forth herein. Failure of the surface
owner to contact the | ||||||
20 | operator at least 5 days prior to the proposed
commencement of | ||||||
21 | drilling operations shall be conclusively deemed a waiver
of | ||||||
22 | the right to meet by the surface owner.
| ||||||
23 | (6) The meeting shall be scheduled between the hours of | ||||||
24 | 9:00 in the
morning
and the setting of the sun of the same day | ||||||
25 | and shall be at least 3 days prior
to commencement of drilling | ||||||
26 | operations. Unless agreed to otherwise, the
place shall be |
| |||||||
| |||||||
1 | located within the county in which drilling operations are
to | ||||||
2 | be commenced where the operator or his agent shall be available | ||||||
3 | to
discuss with the surface owner or his agent those matters | ||||||
4 | set forth in Section
5 hereof.
| ||||||
5 | (7) The notice herein required shall be given to the | ||||||
6 | surface owner by
either:
| ||||||
7 | (A) certified mail addressed to the surface owner at | ||||||
8 | the address shown
in the certification obtained from the | ||||||
9 | assessor, which shall be postmarked
at least 10 days prior | ||||||
10 | to the commencement of drilling operations; or
| ||||||
11 | (B) personal delivery to the surface owner at least 8 | ||||||
12 | days prior to the
commencement of drilling operations.
| ||||||
13 | (C) Notice to the surface owner as defined in this Act | ||||||
14 | shall be deemed
conclusive notice to the record owners of | ||||||
15 | all interest in the surface.
| ||||||
16 | (Source: P.A. 89-445, eff. 2-7-96; revised 10-19-05.)
| ||||||
17 | Section 1205. The Cemetery Protection Act is amended by | ||||||
18 | changing Section 1 as follows:
| ||||||
19 | (765 ILCS 835/1) (from Ch. 21, par. 15)
| ||||||
20 | Sec. 1. (a) Any person who acts without proper legal | ||||||
21 | authority and
who willfully and knowingly destroys or damages | ||||||
22 | the remains of a deceased
human being or who desecrates human | ||||||
23 | remains is guilty of a Class 3 felony.
| ||||||
24 | (a-5) Any person who acts without proper legal authority |
| |||||||
| |||||||
1 | and who willfully
and knowingly removes any portion of the | ||||||
2 | remains of a deceased human
being from
a burial ground where | ||||||
3 | skeletal remains are buried or from a grave, crypt,
vault, | ||||||
4 | mausoleum, or other repository of human remains is guilty of a | ||||||
5 | Class 4
felony.
| ||||||
6 | (b) Any person who acts without proper legal authority and | ||||||
7 | who willfully
and knowingly:
| ||||||
8 | (1) obliterates, vandalizes, or desecrates a burial | ||||||
9 | ground where
skeletal remains are buried or a grave, crypt, | ||||||
10 | vault, mausoleum, or other
repository of human remains;
| ||||||
11 | (2) obliterates, vandalizes, or desecrates a park or | ||||||
12 | other
area
clearly designated to preserve and perpetuate | ||||||
13 | the memory of a deceased
person or group of persons;
| ||||||
14 | (3) obliterates, vandalizes, or desecrates plants, | ||||||
15 | trees,
shrubs, or
flowers located upon or around a | ||||||
16 | repository for human remains or within a
human graveyard or | ||||||
17 | cemetery; or
| ||||||
18 | (4) obliterates, vandalizes, or desecrates a fence, | ||||||
19 | rail,
curb, or
other structure of a similar nature intended | ||||||
20 | for the protection or for the
ornamentation of any tomb, | ||||||
21 | monument, gravestone, or other structure of
like | ||||||
22 | character;
| ||||||
23 | is guilty of a Class A misdemeanor if the amount of the damage | ||||||
24 | is less than
$500, a Class 4
felony if the amount of the damage | ||||||
25 | is at least $500 and less than $10,000, a
Class 3 felony if the | ||||||
26 | amount of the
damage is at least $10,000 and less than |
| |||||||
| |||||||
1 | $100,000, or a Class 2 felony if the
damage is
$100,000 or more | ||||||
2 | and shall provide
restitution to
the cemetery authority or | ||||||
3 | property owner for the amount of any damage caused.
| ||||||
4 | (b-5) Any person who acts without proper legal authority | ||||||
5 | and who willfully
and knowingly defaces, vandalizes, injures, | ||||||
6 | or removes a gravestone or other
memorial, monument, or marker | ||||||
7 | commemorating a deceased person or group of
persons,
whether | ||||||
8 | located within or outside of a recognized cemetery, memorial | ||||||
9 | park, or
battlefield is guilty of a Class 4 felony for damaging | ||||||
10 | at least one but no more
than 4
gravestones, a
Class 3 felony | ||||||
11 | for damaging at least 5 but no more than 10 gravestones, or a
| ||||||
12 | Class 2
felony for
damaging more than 10 gravestones and shall | ||||||
13 | provide restitution to the
cemetery authority or property owner | ||||||
14 | for the amount of any damage caused.
| ||||||
15 | (b-7) Any person who acts without proper legal authority
| ||||||
16 | and who willfully and knowingly removes with the intent to
| ||||||
17 | resell a gravestone or other memorial, monument, or marker
| ||||||
18 | commemorating a deceased person or group of persons, whether
| ||||||
19 | located within or outside a recognized cemetery, memorial
park, | ||||||
20 | or battlefield, is guilty of a Class 2 felony.
| ||||||
21 | (c) The provisions of this Section shall not apply to the | ||||||
22 | removal or
unavoidable breakage or injury by a cemetery | ||||||
23 | authority of anything placed
in or upon any portion of its | ||||||
24 | cemetery in violation of any of the rules and
regulations of | ||||||
25 | the cemetery authority, nor to the removal of anything
placed | ||||||
26 | in the cemetery by or with the consent of the cemetery |
| |||||||
| |||||||
1 | authority
that in the judgment of the cemetery authority has | ||||||
2 | become wrecked,
unsightly, or dilapidated.
| ||||||
3 | (d) If an unemancipated minor is found guilty of violating | ||||||
4 | any of the
provisions of subsection (b) of this Section and is | ||||||
5 | unable to provide
restitution to the cemetery authority or | ||||||
6 | property owner, the parents or
legal guardians of that minor | ||||||
7 | shall provide restitution to the cemetery
authority or property | ||||||
8 | owner for the amount of any damage caused, up to the
total | ||||||
9 | amount allowed under the Parental Responsibility Law.
| ||||||
10 | (d-5) Any person who commits any of the following: | ||||||
11 | (1) any unauthorized, non-related third party or | ||||||
12 | person who enters any sheds, crematories, or employee | ||||||
13 | areas;
| ||||||
14 | (2) any non-cemetery personnel who solicits cemetery | ||||||
15 | mourners or funeral directors on the grounds or in the | ||||||
16 | offices or chapels of a cemetery before, during, or after a | ||||||
17 | burial; | ||||||
18 | (3) any person who harasses or threatens any employee | ||||||
19 | of a cemetery on cemetery grounds; or | ||||||
20 | (4) any unauthorized person who removes, destroys, or | ||||||
21 | disturbs any cemetery devices or property placed for safety | ||||||
22 | of visitors and cemetery employees; | ||||||
23 | is guilty of a Class A misdemeanor for the first offense and of | ||||||
24 | a Class 4 felony for a second or subsequent offense. | ||||||
25 | (e) Any person who shall hunt, shoot
or discharge any gun, | ||||||
26 | pistol or other missile, within the limits of any
cemetery, or |
| |||||||
| |||||||
1 | shall cause any shot or missile to be discharged into or over
| ||||||
2 | any portion thereof, or shall violate any of the rules made and | ||||||
3 | established
by the board of directors of such cemetery, for the | ||||||
4 | protection or
government thereof, is guilty of a Class C | ||||||
5 | misdemeanor. | ||||||
6 | (f) Any person who knowingly enters or knowingly remains | ||||||
7 | upon the
premises of a public or private cemetery without | ||||||
8 | authorization during hours
that the cemetery is posted as | ||||||
9 | closed to the public is guilty of a Class A
misdemeanor.
| ||||||
10 | (g) All fines
when recovered, shall be paid over by the | ||||||
11 | court or officer receiving the
same to the cemetery authority | ||||||
12 | and be applied, as far as possible in
repairing the injury, if | ||||||
13 | any, caused by such offense. Provided, nothing
contained in | ||||||
14 | this Act shall deprive such cemetery authority , or the owner
of | ||||||
15 | any interment, entombment, or inurement right or monument from | ||||||
16 | maintaining an action for the recovery of
damages caused by any | ||||||
17 | injury caused by a violation of the provisions of
this Act, or | ||||||
18 | of the rules established by the board of directors of such
| ||||||
19 | cemetery authority. Nothing in this Section shall be construed | ||||||
20 | to
prohibit the discharge of firearms loaded with blank | ||||||
21 | ammunition as part of
any funeral, any memorial observance or | ||||||
22 | any other patriotic or military
ceremony.
| ||||||
23 | (Source: P.A. 94-44, eff. 6-17-05; 94-608, eff. 8-16-05; | ||||||
24 | revised 8-29-05.)
| ||||||
25 | Section 1210. The Illinois Human Rights Act is amended by |
| |||||||
| |||||||
1 | changing Sections 2-104 and 4-101 as follows:
| ||||||
2 | (775 ILCS 5/2-104) (from Ch. 68, par. 2-104)
| ||||||
3 | Sec. 2-104. Exemptions.
| ||||||
4 | (A) Nothing contained in this Act shall prohibit an | ||||||
5 | employer, employment
agency or labor organization from:
| ||||||
6 | (1) Bona Fide Qualification. Hiring or selecting | ||||||
7 | between persons
for bona fide occupational qualifications | ||||||
8 | or any reason except those
civil-rights violations | ||||||
9 | specifically identified in this Article.
| ||||||
10 | (2) Veterans. Giving preferential treatment to | ||||||
11 | veterans and their
relatives as required by the laws or | ||||||
12 | regulations of the United States or
this State or a unit of | ||||||
13 | local government.
| ||||||
14 | (3) Unfavorable Discharge From Military Service. Using | ||||||
15 | unfavorable
discharge from military service as a valid | ||||||
16 | employment criterion when
authorized by federal law or | ||||||
17 | regulation or when a position of employment
involves the | ||||||
18 | exercise of fiduciary responsibilities as defined by rules
| ||||||
19 | and regulations which the Department shall adopt.
| ||||||
20 | (4) Ability Tests. Giving or acting upon the results of | ||||||
21 | any
professionally developed ability test provided that | ||||||
22 | such test, its
administration, or action upon the results, | ||||||
23 | is not used as a subterfuge
for or does not have the effect | ||||||
24 | of unlawful discrimination.
| ||||||
25 | (5) Merit and Retirement Systems.
|
| |||||||
| |||||||
1 | (a) Applying different standards of compensation, | ||||||
2 | or different
terms, conditions or privileges of | ||||||
3 | employment pursuant to a merit or
retirement system | ||||||
4 | provided that such system or its administration is not
| ||||||
5 | used as a subterfuge for or does not have the effect of | ||||||
6 | unlawful
discrimination.
| ||||||
7 | (b) Effecting compulsory retirement of any | ||||||
8 | employee who has
attained 65 years of age and who, for | ||||||
9 | the 2-year period immediately
preceding retirement, is | ||||||
10 | employed in a bona fide executive or a high
| ||||||
11 | policymaking position, if such employee is entitled to | ||||||
12 | an immediate
nonforfeitable annual retirement benefit | ||||||
13 | from a pension, profit-sharing,
savings, or deferred | ||||||
14 | compensation plan, or any combination of such plans of
| ||||||
15 | the employer of such employee, which equals, in the | ||||||
16 | aggregate, at least
$44,000. If any such retirement | ||||||
17 | benefit is in a form other than a straight
life annuity | ||||||
18 | (with no ancillary benefits) or if the employees | ||||||
19 | contribute to
any such plan or make rollover | ||||||
20 | contributions, the retirement benefit shall
be | ||||||
21 | adjusted in accordance with regulations prescribed by | ||||||
22 | the Department, so
that the benefit is the equivalent | ||||||
23 | of a straight life annuity (with no
ancillary benefits) | ||||||
24 | under a plan to which employees do not contribute and
| ||||||
25 | under which no rollover contributions are made.
| ||||||
26 | (c) Until January 1, 1994, effecting compulsory |
| |||||||
| |||||||
1 | retirement of any
employee who has attained 70 years of | ||||||
2 | age, and who is serving under a
contract of unlimited | ||||||
3 | tenure (or similar arrangement providing for
unlimited | ||||||
4 | tenure) at an institution of higher education as | ||||||
5 | defined by
Section 1201(a) of the Higher Education Act | ||||||
6 | of 1965.
| ||||||
7 | (6) Training and Apprenticeship programs. Establishing | ||||||
8 | an educational
requirement as a prerequisite to selection | ||||||
9 | for a training or apprenticeship
program, provided such | ||||||
10 | requirement does not operate to discriminate on the
basis | ||||||
11 | of any prohibited classification except age.
| ||||||
12 | (7) Police and Firefighter/Paramedic Retirement. | ||||||
13 | Imposing a mandatory
retirement age for | ||||||
14 | firefighters/paramedics or law enforcement officers
and
| ||||||
15 | discharging or retiring such individuals pursuant to the | ||||||
16 | mandatory retirement
age if such action is taken pursuant | ||||||
17 | to a bona fide retirement plan provided
that the law | ||||||
18 | enforcement officer or firefighter/paramedic
has attained:
| ||||||
19 | (a) the age of retirement in effect under | ||||||
20 | applicable State or local
law
on
March 3, 1983; or
| ||||||
21 | (b) if the applicable State or local law was | ||||||
22 | enacted
after the date of enactment of the federal Age | ||||||
23 | Discrimination in Employment
Act
Amendments of 1996 | ||||||
24 | (P.L. 104-208),
the age of retirement in effect on the | ||||||
25 | date of such discharge
under
such law.
| ||||||
26 | This paragraph (7) shall not apply with respect to
any |
| |||||||
| |||||||
1 | cause of action arising under the Illinois Human Rights Act | ||||||
2 | as in
effect prior to the effective date of this amendatory | ||||||
3 | Act of 1997.
| ||||||
4 | (8) Police and Firefighter/Paramedic Appointment. | ||||||
5 | Failing or
refusing to hire any individual because of such
| ||||||
6 | individual's age if such action is taken with respect to | ||||||
7 | the employment of
an individual as a firefighter/paramedic | ||||||
8 | or as a law enforcement officer
and the individual has | ||||||
9 | attained:
| ||||||
10 | (a) the age of hiring or appointment in effect
| ||||||
11 | under applicable State or local law on March 3,
1983; | ||||||
12 | or
| ||||||
13 | (b) the age of hiring in effect on the date of such | ||||||
14 | failure or refusal
to
hire under applicable State or | ||||||
15 | local law enacted after the date of
enactment of the | ||||||
16 | federal Age Discrimination in Employment Act | ||||||
17 | Amendments of
1996 (P.L. 104-208).
| ||||||
18 | As used in paragraph (7) or (8):
| ||||||
19 | "Firefighter/paramedic" means an employee, the duties | ||||||
20 | of whose
position are primarily to perform work directly | ||||||
21 | connected with the control
and extinguishment of fires or | ||||||
22 | the maintenance and use of firefighting
apparatus and | ||||||
23 | equipment, or to provide emergency medical services,
| ||||||
24 | including an employee engaged in this activity who is | ||||||
25 | transferred to a
supervisory or administrative position.
| ||||||
26 | "Law enforcement officer" means an employee, the |
| |||||||
| |||||||
1 | duties of whose
position are primarily the investigation, | ||||||
2 | apprehension, or detention of
individuals suspected or | ||||||
3 | convicted of criminal offenses, including an
employee | ||||||
4 | engaged in this activity who is transferred to a | ||||||
5 | supervisory or
administrative position.
| ||||||
6 | (9) Citizenship Status. Making legitimate distinctions | ||||||
7 | based on
citizenship status if specifically authorized or | ||||||
8 | required by State or federal
law.
| ||||||
9 | (B) With respect to any employee who is subject to a | ||||||
10 | collective
bargaining agreement:
| ||||||
11 | (a) which is in effect on June 30, 1986,
| ||||||
12 | (b) which terminates after January 1, 1987,
| ||||||
13 | (c) any provision of which was entered into by a labor | ||||||
14 | organization as
defined by Section 6(d)(4) of the Fair | ||||||
15 | Labor Standards Act of 1938 (29
U.S.C. 206(d)(4)), and
| ||||||
16 | (d) which contains any provision that would be | ||||||
17 | superseded by this
amendatory Act of 1987 (Public Act | ||||||
18 | 85-748),
| ||||||
19 | such amendatory Act of 1987 shall not apply until the | ||||||
20 | termination of such
collective bargaining agreement or January | ||||||
21 | 1, 1990, whichever occurs first.
| ||||||
22 | (C)(1) For purposes of this Act, the term "handicap" shall | ||||||
23 | not include
any employee or applicant who is currently engaging | ||||||
24 | in the illegal use of
drugs, when an employer acts on the basis | ||||||
25 | of such use.
| ||||||
26 | (2) Paragraph (1) shall not apply where an employee or |
| |||||||
| |||||||
1 | applicant for
employment:
| ||||||
2 | (a) has successfully completed a supervised drug | ||||||
3 | rehabilitation program
and is no longer engaging in the | ||||||
4 | illegal use of drugs, or has otherwise been
rehabilitated | ||||||
5 | successfully and is no longer engaging in such use;
| ||||||
6 | (b) is participating in a supervised rehabilitation | ||||||
7 | program and is no
longer engaging in such use; or
| ||||||
8 | (c) is erroneously regarded as engaging in such use, | ||||||
9 | but is not engaging
in such use.
| ||||||
10 | It shall not be a violation of this Act for an employer to | ||||||
11 | adopt or
administer reasonable policies or procedures, | ||||||
12 | including but not limited to drug
testing, designed to ensure | ||||||
13 | that an individual described in subparagraph (a) or
(b) is no | ||||||
14 | longer engaging in the illegal use of drugs.
| ||||||
15 | (3) An employer:
| ||||||
16 | (a) may prohibit the illegal use of drugs and the use | ||||||
17 | of alcohol at the
workplace by all employees;
| ||||||
18 | (b) may require that employees shall not be under the | ||||||
19 | influence of alcohol
or be engaging in the illegal use of | ||||||
20 | drugs at the workplace;
| ||||||
21 | (c) may require that employees behave in conformance | ||||||
22 | with the requirements
established under the federal | ||||||
23 | Drug-Free Workplace Act of 1988 ( 41
11 U.S.C. 701 et
seq.) | ||||||
24 | and the Drug Free Workplace Act;
| ||||||
25 | (d) may hold an employee who engages in the illegal use | ||||||
26 | of drugs or who is
an alcoholic to the same qualification |
| |||||||
| |||||||
1 | standards for employment or job
performance and behavior | ||||||
2 | that such employer holds other employees, even if any
| ||||||
3 | unsatisfactory performance or behavior is related to the | ||||||
4 | drug use or alcoholism
of such employee; and
| ||||||
5 | (e) may, with respect to federal regulations regarding | ||||||
6 | alcohol and the
illegal use of drugs, require that:
| ||||||
7 | (i) employees comply with the standards | ||||||
8 | established in such regulations
of the United States | ||||||
9 | Department of Defense, if the employees of the employer
| ||||||
10 | are employed in an industry subject to such | ||||||
11 | regulations, including complying
with regulations (if | ||||||
12 | any) that apply to employment in sensitive positions in
| ||||||
13 | such an industry, in the case of employees of the | ||||||
14 | employer who are employed in
such positions (as defined | ||||||
15 | in the regulations of the Department of Defense);
| ||||||
16 | (ii) employees comply with the standards | ||||||
17 | established in such regulations
of the Nuclear | ||||||
18 | Regulatory Commission, if the employees of the | ||||||
19 | employer are
employed in an industry subject to such | ||||||
20 | regulations, including complying with
regulations (if | ||||||
21 | any) that apply to employment in sensitive positions in | ||||||
22 | such an
industry, in the case of employees of the | ||||||
23 | employer who are employed in such
positions (as defined | ||||||
24 | in the regulations of the Nuclear Regulatory | ||||||
25 | Commission);
and
| ||||||
26 | (iii) employees comply with the standards |
| |||||||
| |||||||
1 | established in such
regulations of the United States | ||||||
2 | Department of Transportation, if the employees
of the | ||||||
3 | employer are employed in a transportation industry | ||||||
4 | subject to such
regulations, including complying with | ||||||
5 | such regulations (if any) that apply to
employment in | ||||||
6 | sensitive positions in such an industry, in the case of | ||||||
7 | employees
of the employer who are employed in such | ||||||
8 | positions (as defined in the
regulations of the United | ||||||
9 | States Department of Transportation).
| ||||||
10 | (4) For purposes of this Act, a test to determine the | ||||||
11 | illegal use of drugs
shall not be considered a medical | ||||||
12 | examination. Nothing in this Act shall be
construed to | ||||||
13 | encourage, prohibit, or authorize the conducting of drug | ||||||
14 | testing
for the illegal use of drugs by job applicants or | ||||||
15 | employees or making
employment decisions based on such test | ||||||
16 | results.
| ||||||
17 | (5) Nothing in this Act shall be construed to encourage, | ||||||
18 | prohibit, restrict,
or authorize the otherwise lawful exercise | ||||||
19 | by an employer subject to the
jurisdiction of the United States | ||||||
20 | Department of Transportation of authority to:
| ||||||
21 | (a) test employees of such employer in, and applicants | ||||||
22 | for, positions
involving safety-sensitive duties for the | ||||||
23 | illegal use of drugs and for
on-duty impairment by alcohol; | ||||||
24 | and
| ||||||
25 | (b) remove such persons who test positive for illegal | ||||||
26 | use of drugs and
on-duty impairment by alcohol pursuant to |
| |||||||
| |||||||
1 | subparagraph (a) from
safety-sensitive duties in | ||||||
2 | implementing paragraph (3).
| ||||||
3 | (Source: P.A. 90-481, eff. 8-17-97; revised 10-11-05.)
| ||||||
4 | (775 ILCS 5/4-101) (from Ch. 68, par. 4-101)
| ||||||
5 | Sec. 4-101. Definitions .
)
The following definitions are | ||||||
6 | applicable strictly
in the context of this Article:
| ||||||
7 | (A) Credit Card. "Credit card" has the meaning set forth in | ||||||
8 | Section 2.03
of the Illinois Credit Card and Debit Card Act.
| ||||||
9 | (B) Financial Institution. "Financial institution" means | ||||||
10 | any bank, credit
union, insurance company, mortgage banking | ||||||
11 | company or savings and loan
association which operates or has a | ||||||
12 | place of business in this State.
| ||||||
13 | (C) Loan. "Loan" includes, but is not limited to, the | ||||||
14 | providing of funds,
for consideration, which are sought for: | ||||||
15 | (1) the purpose of purchasing,
constructing, improving, | ||||||
16 | repairing, or maintaining a housing accommodation
as that term | ||||||
17 | is defined in paragraph (C) of Section 3-101; or (2) any | ||||||
18 | commercial or
industrial purposes.
| ||||||
19 | (D) Varying Terms. "Varying the terms of a loan" includes, | ||||||
20 | but is not
limited to, the following practices:
| ||||||
21 | (1) Requiring a greater down payment than is usual for | ||||||
22 | the particular
type of a loan involved.
| ||||||
23 | (2) Requiring a shorter period of amortization than is | ||||||
24 | usual for the
particular type of loan involved.
| ||||||
25 | (3) Charging a higher interest rate than is usual for |
| |||||||
| |||||||
1 | the particular type
of loan involved.
| ||||||
2 | (4) An under appraisal of real estate or other item of | ||||||
3 | property offered as security.
| ||||||
4 | (Source: P.A. 84-880; revised 9-15-06.)
| ||||||
5 | Section 1215. The Business Corporation Act of 1983 is | ||||||
6 | amended by changing Sections 1.25, 15.10, and 15.95 as follows:
| ||||||
7 | (805 ILCS 5/1.25) (from Ch. 32, par. 1.25)
| ||||||
8 | Sec. 1.25. List of corporations; exchange of information.
| ||||||
9 | (a) The Secretary of State shall
publish each year a list | ||||||
10 | of corporations filing an annual report for the
preceding year | ||||||
11 | in accordance with the provisions of this Act, which report
| ||||||
12 | shall state the name of the corporation and the respective | ||||||
13 | names and addresses
of the president, secretary, and registered | ||||||
14 | agent thereof and the address
of the registered office in this | ||||||
15 | State of each such corporation. The Secretary
of State shall | ||||||
16 | furnish without charge a copy of such report to each
recorder | ||||||
17 | of this State, and to each member of the General Assembly
and | ||||||
18 | to each State agency or department requesting the same. The | ||||||
19 | Secretary
of State shall, upon receipt of a written request and | ||||||
20 | a fee as determined by
the
Secretary, furnish such report to | ||||||
21 | anyone else.
| ||||||
22 | (b) (1) The Secretary of State shall publish daily a list | ||||||
23 | of all newly
formed corporations, business and not for profit, | ||||||
24 | chartered by him on that
day issued after receipt of the |
| |||||||
| |||||||
1 | application. The daily list shall contain
the same information | ||||||
2 | as to each corporation as is provided for the corporation
list | ||||||
3 | published under subsection (a) of this Section. The daily list | ||||||
4 | may be
obtained at the Secretary's office by any person, | ||||||
5 | newspaper, State department
or agency, or local government for | ||||||
6 | a reasonable charge to be determined
by the Secretary. | ||||||
7 | Inspection of the daily list may be made at the Secretary's
| ||||||
8 | office during normal business hours without charge by any | ||||||
9 | person, newspaper,
State department or agency, or local | ||||||
10 | government.
| ||||||
11 | (2) The Secretary shall compile the daily list mentioned in | ||||||
12 | paragraph
(1) of subsection (b) of this Section monthly, or | ||||||
13 | more often at the
Secretary's discretion.
The compilation shall | ||||||
14 | be immediately mailed free of charge to all local
governments | ||||||
15 | requesting in writing receipt of such publication, or shall
be | ||||||
16 | automatically mailed by the Secretary without charge to local | ||||||
17 | governments
as determined by the Secretary. The Secretary shall | ||||||
18 | mail a copy of the
compilations free of charge to all State | ||||||
19 | departments or agencies making
a written request. A request for | ||||||
20 | a compilation of the daily list once made
by a local government | ||||||
21 | or State department or agency need not be renewed.
However, the | ||||||
22 | Secretary may request from time to time whether the local
| ||||||
23 | governments
or State departments or agencies desire to continue | ||||||
24 | receiving the compilation.
| ||||||
25 | (3) The compilations of the daily list mentioned in | ||||||
26 | paragraph (2) of
subsection (b)
of this Section shall be mailed |
| |||||||
| |||||||
1 | to newspapers, or any other person not included
as a recipient | ||||||
2 | in paragraph (2) of subsection (b) of this Section, upon
| ||||||
3 | receipt of a written
application signed by the applicant and | ||||||
4 | accompanied by the payment of a
fee as determined by the | ||||||
5 | Secretary.
| ||||||
6 | (c) If a domestic or foreign corporation has filed with the
| ||||||
7 | Secretary of State an annual report for the preceding year or | ||||||
8 | has
been newly formed or is otherwise and in any manner | ||||||
9 | registered
with the Secretary of State, the Secretary of State | ||||||
10 | shall exchange
with the Illinois Department of Healthcare and | ||||||
11 | Family Services
Public Aid
any information concerning that | ||||||
12 | corporation that may be
necessary for the enforcement of child | ||||||
13 | support orders entered
pursuant to the Illinois Public Aid | ||||||
14 | Code, the Illinois Marriage and
Dissolution of Marriage Act, | ||||||
15 | the Non-Support of Spouse and
Children Act, the Non-Support | ||||||
16 | Punishment Act, the Revised Uniform Reciprocal Enforcement of | ||||||
17 | Support Act, the
Uniform Interstate Family Support Act, or the
| ||||||
18 | Illinois Parentage Act of 1984.
| ||||||
19 | Notwithstanding any provisions in this Act to the contrary,
| ||||||
20 | the Secretary of State shall not be liable
to any person for | ||||||
21 | any disclosure of information to the Department of Healthcare | ||||||
22 | and Family Services (formerly Illinois
Department of Public | ||||||
23 | Aid ) under this subsection or for
any other
action taken in | ||||||
24 | good faith to comply with the requirements of this
subsection.
| ||||||
25 | (Source: P.A. 90-18, eff. 7-1-97; 91-613, eff. 10-1-99; revised | ||||||
26 | 12-15-05.)
|
| |||||||
| |||||||
1 | (805 ILCS 5/15.10) (from Ch. 32, par. 15.10)
| ||||||
2 | Sec. 15.10. Fees for filing documents. The Secretary of | ||||||
3 | State shall charge and collect for:
| ||||||
4 | (a) Filing articles of incorporation, $150.
| ||||||
5 | (b) Filing articles of amendment, $50, unless the amendment | ||||||
6 | is a
restatement
of the articles of
incorporation, in which | ||||||
7 | case the fee shall be $150.
| ||||||
8 | (c) Filing articles of merger or consolidation, $100, but | ||||||
9 | if the merger or
consolidation involves more than 2 | ||||||
10 | corporations, $50 for each
additional corporation.
| ||||||
11 | (d) Filing articles of share exchange, $100.
| ||||||
12 | (e) Filing articles of dissolution, $5.
| ||||||
13 | (f) Filing application to reserve a corporate name, $25.
| ||||||
14 | (g) Filing a notice of transfer of a reserved corporate | ||||||
15 | name, $25.
| ||||||
16 | (h) Filing statement of change of address of registered | ||||||
17 | office or
change of registered agent, or both, $25.
| ||||||
18 | (i) Filing statement of the establishment of a series of | ||||||
19 | shares,
$25.
| ||||||
20 | (j) Filing an application of a foreign corporation for | ||||||
21 | authority to transact
business in this State, $150.
| ||||||
22 | (k) Filing an application of a foreign corporation for | ||||||
23 | amended authority to
transact business in this State, $25.
| ||||||
24 | (l) Filing a copy of amendment to the articles of | ||||||
25 | incorporation of a
foreign corporation holding authority to |
| |||||||
| |||||||
1 | transact
business in this State, $50, unless the amendment is a | ||||||
2 | restatement
of
the articles of incorporation, in which case the | ||||||
3 | fee shall be $150.
| ||||||
4 | (m) Filing a copy of articles of merger of a foreign | ||||||
5 | corporation
holding a certificate of authority to transact | ||||||
6 | business in this State,
$100, but if the merger involves more | ||||||
7 | than 2 corporations, $50 for each
additional corporation.
| ||||||
8 | (n) Filing an application for withdrawal and final report | ||||||
9 | or a copy of
articles of dissolution of a foreign corporation, | ||||||
10 | $25.
| ||||||
11 | (o) Filing an annual report, interim annual report, or | ||||||
12 | final transition
annual report of a domestic or foreign | ||||||
13 | corporation, $75.
| ||||||
14 | (p) Filing an application for reinstatement of a domestic | ||||||
15 | or a foreign
corporation, $200.
| ||||||
16 | (q) Filing an application for use of an assumed corporate | ||||||
17 | name, $150 for
each year or part thereof
ending in 0 or 5, $120 | ||||||
18 | for each year or part thereof ending in 1 or 6, $90
for each | ||||||
19 | year or part thereof ending in 2 or 7, $60 for each year or part
| ||||||
20 | thereof ending in 3 or 8, $30 for each year or part thereof | ||||||
21 | ending in 4 or 9,
between the date of filing
the application | ||||||
22 | and the date of the renewal of the assumed corporate name;
and | ||||||
23 | a renewal fee for each assumed corporate name, $150.
| ||||||
24 | (r) To change an assumed corporate name for the period | ||||||
25 | remaining until
the renewal date of the original assumed name, | ||||||
26 | $25.
|
| |||||||
| |||||||
1 | (s) Filing an application for cancellation of an assumed | ||||||
2 | corporate name, $5.
| ||||||
3 | (t) Filing an application to register the corporate name of | ||||||
4 | a foreign
corporation, $50; and an annual renewal fee for the | ||||||
5 | registered name, $50.
| ||||||
6 | (u) Filing an application for cancellation of a registered | ||||||
7 | name of a
foreign corporation, $25.
| ||||||
8 | (v) Filing a statement of correction, $50.
| ||||||
9 | (w) Filing a petition for refund or adjustment, $5.
| ||||||
10 | (x) Filing a statement of election of an extended filing | ||||||
11 | month, $25.
| ||||||
12 | (y) Filing any other statement or report, $5.
| ||||||
13 | (Source: P.A. 92-33, eff. 7-1-01; 93-32, eff. 12-1-03; 93-59, | ||||||
14 | eff. 7-1-03;
revised 9-5-03.)
| ||||||
15 | (805 ILCS 5/15.95) (from Ch. 32, par. 15.95)
| ||||||
16 | Sec. 15.95. Department of Business Services Special | ||||||
17 | Operations Fund.
| ||||||
18 | (a) A
special fund in the State treasury known as the | ||||||
19 | Division of
Corporations Special Operations
Fund is renamed the | ||||||
20 | Department of Business Services Special Operations
Fund. | ||||||
21 | Moneys deposited into the Fund shall, subject to appropriation, | ||||||
22 | be
used by the Department of Business Services of the
Office of | ||||||
23 | the Secretary of State,
hereinafter "Department", to create and | ||||||
24 | maintain the
capability
to perform
expedited services in | ||||||
25 | response to special requests made by the public for
same day or |
| |||||||
| |||||||
1 | 24 hour service. Moneys deposited into the Fund shall be used
| ||||||
2 | for, but not limited to, expenditures for personal services, | ||||||
3 | retirement,
social security, contractual services, equipment, | ||||||
4 | electronic data
processing, and telecommunications.
| ||||||
5 | (b) The balance in the Fund at the end of any fiscal year | ||||||
6 | shall not
exceed $600,000 and any amount in excess thereof | ||||||
7 | shall be
transferred to
the General Revenue Fund.
| ||||||
8 | (c) All fees payable to the Secretary of State under this | ||||||
9 | Section
shall be deposited into the Fund. No other fees or | ||||||
10 | taxes collected under
this Act shall be deposited into the | ||||||
11 | Fund.
| ||||||
12 | (d) "Expedited services" means services rendered within | ||||||
13 | the same day,
or within 24 hours from the time, the request | ||||||
14 | therefor is submitted by the
filer, law firm, service company, | ||||||
15 | or messenger physically in person or, at
the Secretary of | ||||||
16 | State's discretion, by electronic means, to the
Department's | ||||||
17 | Springfield Office and includes requests for
certified copies,
| ||||||
18 | photocopies, and certificates of good standing or fact made to | ||||||
19 | the
Department's Springfield Office in person or by telephone,
| ||||||
20 | or requests for
certificates of good standing or fact made in | ||||||
21 | person or by telephone to the
Department's Chicago Office.
| ||||||
22 | (e) Fees for expedited services shall be as follows:
| ||||||
23 | Restatement of articles, $200;
| ||||||
24 | Merger, consolidation or exchange, $200;
| ||||||
25 | Articles of incorporation, $100;
| ||||||
26 | Articles of amendment, $100;
|
| |||||||
| |||||||
1 | Revocation of dissolution, $100;
| ||||||
2 | Reinstatement, $100;
| ||||||
3 | Application for authority, $100;
| ||||||
4 | Cumulative report of changes in issued shares or
paid-in | ||||||
5 | capital, $100;
| ||||||
6 | Report following merger or consolidation, $100;
| ||||||
7 | Certificate of good standing or fact, $20;
| ||||||
8 | All other filings, copies of documents, annual reports
| ||||||
9 | filed on or after January 1, 1984, and copies of documents of | ||||||
10 | dissolved or
revoked
corporations having a
file number over | ||||||
11 | 5199, $50.
| ||||||
12 | (f) Expedited services shall not be available for a | ||||||
13 | statement of
correction, a petition for refund or adjustment, | ||||||
14 | or a request involving
annual reports filed before January 1, | ||||||
15 | 1984 or involving dissolved corporations
with a
file number | ||||||
16 | below 5200.
| ||||||
17 | (Source: P.A. 92-33, eff. 7-1-01; 93-32, eff. 9-1-03;
93-59, | ||||||
18 | eff. 7-1-03; revised 9-5-03.)
| ||||||
19 | Section 1220. The General Not For Profit Corporation Act of | ||||||
20 | 1986 is amended by changing Section 101.25 as follows:
| ||||||
21 | (805 ILCS 105/101.25) (from Ch. 32, par. 101.25)
| ||||||
22 | Sec. 101.25. Lists of corporations; exchange of | ||||||
23 | information.
| ||||||
24 | (a) The Secretary of
State shall include in his or her |
| |||||||
| |||||||
1 | daily publication lists of
business corporations formed on that | ||||||
2 | day as provided in
paragraph (1) of subsection (b) of Section | ||||||
3 | 1.25 of the
Business Corporation Act of 1983 all not-for-profit
| ||||||
4 | corporations formed on the day of publication of such lists.
| ||||||
5 | (b) The Secretary of State shall include among information | ||||||
6 | to be exchanged
with the Illinois Department of Healthcare and | ||||||
7 | Family Services
Public Aid , as provided in subsection (c) of
| ||||||
8 | Section 1.25 of the Business Corporation Act of 1983, | ||||||
9 | information regarding all
not-for-profit corporations formed | ||||||
10 | pursuant to this Act.
| ||||||
11 | (Source: P.A. 90-18, eff. 7-1-97; revised 12-15-05.)
| ||||||
12 | Section 1225. The Limited Liability Company Act is amended | ||||||
13 | by changing Sections 1-25, 15-3, 50-5, and 50-10 as follows:
| ||||||
14 | (805 ILCS 180/1-25)
| ||||||
15 | Sec. 1-25. Nature of business. A limited liability company | ||||||
16 | may be formed
for any lawful purpose or business except:
| ||||||
17 | (1) (blank);
| ||||||
18 | (2) insurance unless, for the purpose of carrying on | ||||||
19 | business as a member
of a group including incorporated and | ||||||
20 | individual unincorporated underwriters,
the Director of | ||||||
21 | Insurance finds that the group meets the requirements of
| ||||||
22 | subsection (3) of Section 86 of the Illinois Insurance Code | ||||||
23 | and the limited
liability company, if insolvent, is subject | ||||||
24 | to liquidation by the Director of
Insurance under Article |
| |||||||
| |||||||
1 | XIII of the Illinois Insurance Code;
| ||||||
2 | (3) the practice of dentistry unless all the members | ||||||
3 | and managers are
licensed as dentists under the Illinois | ||||||
4 | Dental Practice Act; or
| ||||||
5 | (4) the practice of medicine unless all the managers, | ||||||
6 | if any, are
licensed to practice medicine under the Medical | ||||||
7 | Practice Act of 1987 and each
member is either:
| ||||||
8 | (A) licensed to practice medicine under the | ||||||
9 | Medical Practice Act of
1987; or
| ||||||
10 | (B) a registered medical corporation or | ||||||
11 | corporations organized pursuant
to the Medical | ||||||
12 | Corporation Act; or
| ||||||
13 | (C) a professional corporation organized pursuant | ||||||
14 | to the Professional
Service Corporation Act of | ||||||
15 | physicians licensed to practice medicine in all
its | ||||||
16 | branches; or
| ||||||
17 | (D) a limited liability company that satisfies the | ||||||
18 | requirements of
subparagraph (A), (B), or (C).
| ||||||
19 | (Source: P.A. 92-144, eff. 7-24-01; 93-59, eff. 7-1-03; 93-561, | ||||||
20 | eff. 1-1-04;
revised 9-5-03.)
| ||||||
21 | (805 ILCS 180/15-3)
| ||||||
22 | Sec. 15-3. General standards of member and manager's | ||||||
23 | conduct.
| ||||||
24 | (a) The fiduciary duties a member owes to a member-managed | ||||||
25 | company and its
other members include the duty of loyalty and |
| |||||||
| |||||||
1 | the duty of care referred to in
subsections (b) and (c) of this | ||||||
2 | Section.
| ||||||
3 | (b) A member's duty of loyalty to a member-managed company | ||||||
4 | and its other
members includes the following:
| ||||||
5 | (1) to account to the company and to hold as trustee | ||||||
6 | for it any property,
profit, or benefit derived by the | ||||||
7 | member in the conduct or winding up of the
company's | ||||||
8 | business or derived from a use by the member of the | ||||||
9 | company's
property, including the appropriation of a | ||||||
10 | company's opportunity;
| ||||||
11 | (2) to act fairly when a member deals with the company | ||||||
12 | in the conduct or
winding up of the company's business as | ||||||
13 | or on behalf of a party having an
interest adverse to the | ||||||
14 | company; and
| ||||||
15 | (3) to refrain from competing with the company in the | ||||||
16 | conduct of the
company's business before the dissolution of | ||||||
17 | the company.
| ||||||
18 | (c) A member's duty of care to a member-managed company and | ||||||
19 | its other
members in the conduct of and
a winding up of the | ||||||
20 | company's business is limited to
refraining from engaging in | ||||||
21 | grossly negligent or reckless conduct, intentional
misconduct, | ||||||
22 | or a knowing violation of law.
| ||||||
23 | (d) A member shall discharge his or her duties to a | ||||||
24 | member-managed company
and its other members under this Act or | ||||||
25 | under the operating agreement and
exercise any rights | ||||||
26 | consistent with the obligation of good faith and fair
dealing.
|
| |||||||
| |||||||
1 | (e) A member of a member-managed company does not violate a | ||||||
2 | duty or
obligation under this Act or under the operating | ||||||
3 | agreement merely because the
member's conduct furthers the | ||||||
4 | member's own interest.
| ||||||
5 | (f) This Section applies to a person winding up the limited | ||||||
6 | liability
company's business as the personal or legal | ||||||
7 | representative of the last
surviving member as if the person | ||||||
8 | were a member.
| ||||||
9 | (g) In a manager-managed company:
| ||||||
10 | (1) a member who is not also a manager owes no duties | ||||||
11 | to the company or to
the other members solely by reason of | ||||||
12 | being a member;
| ||||||
13 | (2) a manager is held to the same standards of conduct | ||||||
14 | prescribed for
members in subsections (b), (c), (d), and | ||||||
15 | (e) of this Section;
| ||||||
16 | (3) a member who pursuant to the operating agreement | ||||||
17 | exercises some or all
of the authority of a manager in the | ||||||
18 | management and conduct of the company's
business is held to | ||||||
19 | the standards of conduct in subsections (b),
(c), (d), and | ||||||
20 | (e) of this Section to the extent that the member exercises | ||||||
21 | the
managerial authority vested in a manager by this Act; | ||||||
22 | and
| ||||||
23 | (4) a manager is relieved of liability imposed by law | ||||||
24 | for violations of
the
standards prescribed by subsections
| ||||||
25 | (b), (c), (d), and (e) to the extent of the managerial | ||||||
26 | authority delegated to
the members by the operating |
| |||||||
| |||||||
1 | agreement.
| ||||||
2 | (Source: P.A. 90-424, eff. 1-1-98; revised 10-18-05.)
| ||||||
3 | (805 ILCS 180/50-5)
| ||||||
4 | Sec. 50-5. List of limited liability companies; exchange of | ||||||
5 | information.
| ||||||
6 | (a) The Secretary of State may publish a list or lists
of | ||||||
7 | limited liability companies and foreign limited liability
| ||||||
8 | companies, as often, in the format, and for the fees as the
| ||||||
9 | Secretary of State may in his or her discretion provide by | ||||||
10 | rule.
The Secretary of State may disseminate information | ||||||
11 | concerning limited
liability companies and foreign limited | ||||||
12 | liability companies
by computer network in the format and for | ||||||
13 | the fees as may be
determined by rule.
| ||||||
14 | (b) Upon written request, any list published under | ||||||
15 | subsection (a) shall be
free to each member of the General | ||||||
16 | Assembly, to each State
agency or department, and to each | ||||||
17 | recorder in this State.
An appropriate fee established by rule | ||||||
18 | to cover the cost of producing the list
shall be charged to all | ||||||
19 | others.
| ||||||
20 | (c) If a domestic or foreign limited liability company has
| ||||||
21 | filed with the Secretary of State an annual report for the | ||||||
22 | preceding
year or has been newly formed or is otherwise and in | ||||||
23 | any manner
registered with the Secretary of State, the | ||||||
24 | Secretary of State shall
exchange with the Illinois Department | ||||||
25 | of Healthcare and Family Services
Public Aid
any information |
| |||||||
| |||||||
1 | concerning that limited liability
company that may be necessary | ||||||
2 | for the enforcement of child
support orders entered pursuant to | ||||||
3 | the Illinois Public Aid Code, the
Illinois Marriage and | ||||||
4 | Dissolution of Marriage Act, the Non-Support of Spouse
and | ||||||
5 | Children Act, the Non-Support Punishment Act, the Revised | ||||||
6 | Uniform Reciprocal Enforcement
of Support Act, the Uniform | ||||||
7 | Interstate Family
Support Act, or the Illinois Parentage Act of | ||||||
8 | 1984.
| ||||||
9 | Notwithstanding any provisions in this Act to the contrary,
| ||||||
10 | the Secretary of State shall not be liable
to any person for | ||||||
11 | any disclosure of information to the Department of Healthcare | ||||||
12 | and Family Services (formerly Illinois
Department of Public | ||||||
13 | Aid ) under this subsection or for any other
action taken in | ||||||
14 | good faith to comply with the requirements of this
subsection.
| ||||||
15 | (Source: P.A. 90-18, eff. 7-1-97; 91-613, eff. 10-1-99; revised | ||||||
16 | 12-15-05.)
| ||||||
17 | (805 ILCS 180/50-10)
| ||||||
18 | Sec. 50-10. Fees.
| ||||||
19 | (a) The Secretary of State shall charge and collect in
| ||||||
20 | accordance with the provisions of this Act and rules
| ||||||
21 | promulgated under its authority all of the following:
| ||||||
22 | (1) Fees for filing documents.
| ||||||
23 | (2) Miscellaneous charges.
| ||||||
24 | (3) Fees for the sale of lists of filings and for | ||||||
25 | copies
of any documents.
|
| |||||||
| |||||||
1 | (b) The Secretary of State shall charge and collect for
all | ||||||
2 | of the following:
| ||||||
3 | (1) Filing articles of organization (domestic), | ||||||
4 | application for
admission (foreign), and restated articles | ||||||
5 | of
organization (domestic), $500. Notwithstanding the | ||||||
6 | foregoing, the fee for filing articles of organization | ||||||
7 | (domestic), application for admission (foreign), and | ||||||
8 | restated articles of organization (domestic) in connection | ||||||
9 | with a limited liability company with a series pursuant to | ||||||
10 | Section 37-40 of this Act is $750.
| ||||||
11 | (2) Filing amendments (domestic or foreign), $150.
| ||||||
12 | (3) Filing articles of dissolution or
application
for | ||||||
13 | withdrawal, $100.
| ||||||
14 | (4) Filing an application to reserve a name, $300.
| ||||||
15 | (5) Renewal fee for reserved name, $100.
| ||||||
16 | (6) Filing a notice of a transfer of a reserved
name, | ||||||
17 | $100.
| ||||||
18 | (7) Registration of a name, $300.
| ||||||
19 | (8) Renewal of registration of a name, $100.
| ||||||
20 | (9) Filing an application for use of an assumed
name | ||||||
21 | under Section 1-20 of this Act, $150 for each
year or part | ||||||
22 | thereof ending in 0 or 5, $120 for each year or
part | ||||||
23 | thereof ending in 1 or 6, $90 for each year or part thereof | ||||||
24 | ending in 2 or
7, $60 for each year or part thereof ending | ||||||
25 | in 3 or 8, $30 for each year or
part thereof ending in 4 or | ||||||
26 | 9, and a renewal for each assumed name, $150.
|
| |||||||
| |||||||
1 | (10) Filing an application for change of an assumed
| ||||||
2 | name, $100.
| ||||||
3 | (11) Filing an annual report of a limited liability
| ||||||
4 | company or foreign limited liability company, $250, if
| ||||||
5 | filed as required by this Act, plus a penalty if
| ||||||
6 | delinquent. Notwithstanding the foregoing, the fee for | ||||||
7 | filing an annual report of a limited liability company or | ||||||
8 | foreign limited liability company is $250 plus $50 for each | ||||||
9 | series for which a certificate of designation has been | ||||||
10 | filed pursuant to Section 37-40 of this Act, plus a penalty | ||||||
11 | if delinquent.
| ||||||
12 | (12) Filing an application for reinstatement of a
| ||||||
13 | limited liability company or foreign limited liability
| ||||||
14 | company
$500.
| ||||||
15 | (13) Filing Articles of Merger, $100 plus $50 for each | ||||||
16 | party to the
merger in excess of the first 2 parties.
| ||||||
17 | (14) Filing an Agreement of Conversion or Statement of | ||||||
18 | Conversion, $100.
| ||||||
19 | (15) Filing a statement of change of address of | ||||||
20 | registered office or change of registered agent, or both, | ||||||
21 | or filing a statement of correction, $25.
| ||||||
22 | (16) Filing a petition for refund, $15.
| ||||||
23 | (17) Filing any other document, $100.
| ||||||
24 | (18) Filing a certificate of designation of a limited | ||||||
25 | liability company with a series pursuant to Section 37-40 | ||||||
26 | of this Act, $50.
|
| |||||||
| |||||||
1 | (c) The Secretary of State shall charge and collect all
of | ||||||
2 | the following:
| ||||||
3 | (1) For furnishing a copy or certified copy of any
| ||||||
4 | document, instrument, or paper relating to a limited
| ||||||
5 | liability company or foreign limited liability company,
or | ||||||
6 | for a certificate, $25.
| ||||||
7 | (2) For the transfer of information by computer
process | ||||||
8 | media to any purchaser, fees established by
rule.
| ||||||
9 | (Source: P.A. 93-32, eff. 12-1-03; 93-59, eff. 7-1-03; 94-605, | ||||||
10 | eff. 1-1-06; 94-607, eff. 8-16-05; revised 8-29-05.)
| ||||||
11 | Section 1230. The Uniform Commercial Code is amended by | ||||||
12 | changing Section 8-106 as follows:
| ||||||
13 | (810 ILCS 5/8-106) (from Ch. 26, par. 8-106)
| ||||||
14 | Sec. 8-106. Control.
| ||||||
15 | (a) A purchaser has "control" of a certificated security in | ||||||
16 | bearer
form if the certificated security is delivered to the | ||||||
17 | purchaser.
| ||||||
18 | (b) A purchaser has "control" of a certificated security in | ||||||
19 | registered
form if the certificated security is delivered to | ||||||
20 | the purchaser, and:
| ||||||
21 | (1) the certificate is indorsed to the purchaser or in | ||||||
22 | blank by an
effective indorsement; or
| ||||||
23 | (2) the certificate is registered in the name of the | ||||||
24 | purchaser,
upon original issue or registration of transfer |
| |||||||
| |||||||
1 | by the issuer.
| ||||||
2 | (c) A purchaser has "control" of an uncertificated security | ||||||
3 | if:
| ||||||
4 | (1) the uncertificated security is delivered to the | ||||||
5 | purchaser; or
| ||||||
6 | (2) the issuer has agreed that it will comply with | ||||||
7 | instructions
originated by the purchaser without further | ||||||
8 | consent by the registered
owner . ; or
| ||||||
9 | (3) another person has control of the security | ||||||
10 | entitlement on
behalf of the purchaser or, having | ||||||
11 | previously acquired control of the security
entitlement, | ||||||
12 | acknowledges that it has control on behalf of the | ||||||
13 | purchaser.
| ||||||
14 | (d) A purchaser has "control" of a security entitlement if:
| ||||||
15 | (1) the purchaser becomes the entitlement holder; or
| ||||||
16 | (2) the securities intermediary has agreed that it will | ||||||
17 | comply
with entitlement orders originated by the purchaser | ||||||
18 | without further consent
by the entitlement holder ; or .
| ||||||
19 | (3) another person has control of the security | ||||||
20 | entitlement on
behalf of the purchaser or, having | ||||||
21 | previously acquired control of the security
entitlement, | ||||||
22 | acknowledges that it has control on behalf of the | ||||||
23 | purchaser.
| ||||||
24 | (e) If an interest in a security entitlement is granted by | ||||||
25 | the
entitlement holder to the entitlement holder's own | ||||||
26 | securities intermediary,
the securities intermediary has |
| |||||||
| |||||||
1 | control.
| ||||||
2 | (f) A purchaser who has satisfied the requirements of | ||||||
3 | subsection (c) or
(d) has control even if the registered owner | ||||||
4 | in the case of subsection (c)
or the entitlement holder in the | ||||||
5 | case of subsection (d) retains the right to
make substitutions | ||||||
6 | for the uncertificated security or security entitlement,
to | ||||||
7 | originate instructions or entitlement orders to the issuer or | ||||||
8 | securities
intermediary, or otherwise to deal with the | ||||||
9 | uncertificated security or
security entitlement.
| ||||||
10 | (g) An issuer or a securities intermediary may not enter | ||||||
11 | into an
agreement of the kind described in subsection (c)(2) or | ||||||
12 | (d)(2) without the
consent of the registered owner or | ||||||
13 | entitlement holder, but an issuer or a
securities intermediary | ||||||
14 | is not required to enter into such an agreement even
though the | ||||||
15 | registered owner or entitlement holder so directs. An issuer or
| ||||||
16 | securities intermediary that has entered into such an agreement | ||||||
17 | is not
required to confirm the existence of the agreement to | ||||||
18 | another party unless
requested to do so by the registered owner | ||||||
19 | or entitlement holder.
| ||||||
20 | (Source: P.A. 91-893, eff. 7-1-01; revised 2-27-02.)
| ||||||
21 | Section 1235. The Illinois Securities Law of 1953 is | ||||||
22 | amended by changing Section 2.29 as follows:
| ||||||
23 | (815 ILCS 5/2.29)
| ||||||
24 | Sec. 2.29 .
Covered security. "Covered security" means any |
| |||||||
| |||||||
1 | security that is
a covered security under Section 18(b) of the | ||||||
2 | Federal 1933 Act or rules or
regulations promulgated | ||||||
3 | thereunder.
| ||||||
4 | (Source: P.A. 90-70, eff. 7-8-97; revised 9-20-06.)
| ||||||
5 | Section 1240. The Payday Loan Reform Act is amended by | ||||||
6 | renumbering Section 99 as follows: | ||||||
7 | (815 ILCS 122/99-99) (was 815 ILCS 122/99)
| ||||||
8 | Sec. 99-99
99 . Effective date. This Act takes effect 180 | ||||||
9 | days after becoming law.
| ||||||
10 | (Source: P.A. 94-13, eff. 12-6-05; revised 9-22-05.) | ||||||
11 | Section 1245. The Credit Card Liability Act is amended by | ||||||
12 | changing Section 1 as follows:
| ||||||
13 | (815 ILCS 145/1) (from Ch. 17, par. 6101)
| ||||||
14 | Sec. 1. (a) No person in whose name a credit card is issued | ||||||
15 | without his
having requested or applied for the card or for the | ||||||
16 | extension of the credit or
establishment of a charge account | ||||||
17 | which that card evidences is liable to
the issuer of the card | ||||||
18 | for any purchases made or other amounts owing by a
use of that | ||||||
19 | card from which he or a member of his family or household
| ||||||
20 | derive no benefit unless he has indicated his acceptance of the | ||||||
21 | card by
signing or using the card or by permitting or | ||||||
22 | authorizing use of the card
by another. A mere failure to |
| |||||||
| |||||||
1 | destroy or return an unsolicited card is not
such an | ||||||
2 | indication. As used in this Act, "credit card" has the meaning
| ||||||
3 | ascribed to it in Section 2.03 of the Illinois Credit Card and | ||||||
4 | Debit Card Act, except that
it does not include a card issued | ||||||
5 | by any telephone company that is subject
to supervision or | ||||||
6 | regulation by the Illinois Commerce Commission or other
public | ||||||
7 | authority.
| ||||||
8 | (b) When an action is brought by an issuer against the | ||||||
9 | person named on
the card, the burden of proving the request, | ||||||
10 | application, authorization,
permission, use or benefit as set | ||||||
11 | forth in Section 1 hereof shall be upon
plaintiff if put in | ||||||
12 | issue by defendant. In the event of judgment for
defendant, the | ||||||
13 | court shall allow defendant a reasonable attorney's fee, to
be | ||||||
14 | taxed as costs.
| ||||||
15 | (Source: P.A. 78-777; revised 9-15-06.)
| ||||||
16 | Section 1250. The Interest Act is amended by changing | ||||||
17 | Sections 4 and 4.1 as follows:
| ||||||
18 | (815 ILCS 205/4) (from Ch. 17, par. 6404)
| ||||||
19 | Sec. 4. General interest rate.
| ||||||
20 | (1) Except as otherwise provided in this Section 4.05, in | ||||||
21 | all written contracts it shall be lawful for the parties to
| ||||||
22 | stipulate or agree that 9% per annum, or any less sum of | ||||||
23 | interest, shall be
taken and paid upon every $100 of money | ||||||
24 | loaned or in any manner due and
owing from any person to any |
| |||||||
| |||||||
1 | other person or corporation in this state, and
after that rate | ||||||
2 | for a greater or less sum, or for a longer or shorter time,
| ||||||
3 | except as herein provided.
| ||||||
4 | The maximum rate of interest that may lawfully be | ||||||
5 | contracted for is
determined by the law applicable thereto at | ||||||
6 | the time the contract is
made. Any provision in any contract, | ||||||
7 | whether made before or after July
1, 1969, which provides for | ||||||
8 | or purports to authorize, contingent upon a
change in the | ||||||
9 | Illinois law after the contract is made, any rate of
interest | ||||||
10 | greater than the maximum lawful rate at the time the contract
| ||||||
11 | is made, is void.
| ||||||
12 | It is lawful for a state bank or a branch of an | ||||||
13 | out-of-state bank, as those
terms are defined in Section 2 of | ||||||
14 | the Illinois Banking Act, to receive or to
contract to receive
| ||||||
15 | and collect interest and charges at any rate or rates agreed | ||||||
16 | upon by
the bank or branch and the borrower.
It is lawful for a | ||||||
17 | savings bank chartered under the Savings Bank Act or a
savings | ||||||
18 | association chartered under the Illinois Savings and Loan Act | ||||||
19 | of 1985
to receive or contract to receive and collect interest | ||||||
20 | and charges at any rate
agreed upon by the savings bank or | ||||||
21 | savings association and the borrower.
| ||||||
22 | It is lawful to receive or to contract to receive and | ||||||
23 | collect
interest and charges as authorized by this Act and as | ||||||
24 | authorized by the
Consumer Installment Loan Act and by the | ||||||
25 | "Consumer Finance Act", approved July
10,
1935, as now or | ||||||
26 | hereafter amended, or by the Payday Loan Reform Act. It is |
| |||||||
| |||||||
1 | lawful to charge, contract
for, and receive any rate or amount | ||||||
2 | of interest or compensation with
respect to the following | ||||||
3 | transactions:
| ||||||
4 | (a) Any loan made to a corporation;
| ||||||
5 | (b) Advances of money, repayable on demand, to an | ||||||
6 | amount not less
than $5,000, which are made upon warehouse | ||||||
7 | receipts, bills of lading,
certificates of stock, | ||||||
8 | certificates of deposit, bills of exchange, bonds
or other | ||||||
9 | negotiable instruments pledged as collateral security for | ||||||
10 | such
repayment, if evidenced by a writing;
| ||||||
11 | (c) Any credit transaction between a merchandise | ||||||
12 | wholesaler and
retailer; any business loan to a business | ||||||
13 | association or copartnership
or to a person owning and | ||||||
14 | operating a business as sole proprietor or to
any persons | ||||||
15 | owning and operating a business as joint venturers, joint
| ||||||
16 | tenants or tenants in common, or to any limited | ||||||
17 | partnership, or to any
trustee owning and operating a | ||||||
18 | business or whose beneficiaries own and
operate a business, | ||||||
19 | except that any loan which is secured (1) by an
assignment | ||||||
20 | of an individual obligor's salary, wages, commissions or
| ||||||
21 | other compensation for services, or (2) by his household | ||||||
22 | furniture or
other goods used for his personal, family or | ||||||
23 | household purposes shall be
deemed not to be a loan within | ||||||
24 | the meaning of this subsection; and
provided further that a | ||||||
25 | loan which otherwise qualifies as a business
loan within | ||||||
26 | the meaning of this subsection shall not be deemed as not |
| |||||||
| |||||||
1 | so
qualifying because of the inclusion, with other security | ||||||
2 | consisting of
business assets of any such obligor, of real | ||||||
3 | estate occupied by an
individual obligor solely as his | ||||||
4 | residence. The term "business" shall
be deemed to mean a | ||||||
5 | commercial, agricultural or industrial enterprise
which is | ||||||
6 | carried on for the purpose of investment or profit, but | ||||||
7 | shall
not be deemed to mean the ownership or maintenance of | ||||||
8 | real estate
occupied by an individual obligor solely as his | ||||||
9 | residence;
| ||||||
10 | (d) Any loan made in accordance with the provisions of | ||||||
11 | Subchapter I
of Chapter 13 of Title 12 of the United States | ||||||
12 | Code, which is designated
as "Housing Renovation and | ||||||
13 | Modernization";
| ||||||
14 | (e) Any mortgage loan insured or upon which a | ||||||
15 | commitment to insure
has been issued under the provisions | ||||||
16 | of the National Housing Act,
Chapter 13 of Title 12 of the | ||||||
17 | United States Code;
| ||||||
18 | (f) Any mortgage loan guaranteed or upon which a | ||||||
19 | commitment to
guaranty has been issued under the provisions | ||||||
20 | of the Veterans' Benefits
Act, Subchapter II of Chapter 37 | ||||||
21 | of Title 38 of the United States Code;
| ||||||
22 | (g) Interest charged by a broker or dealer registered | ||||||
23 | under the
Securities Exchange Act of 1934, as amended, or | ||||||
24 | registered under the
Illinois Securities Law of 1953, | ||||||
25 | approved July 13, 1953, as now or
hereafter amended, on a | ||||||
26 | debit balance in an account for a customer if
such debit |
| |||||||
| |||||||
1 | balance is payable at will without penalty and is secured | ||||||
2 | by
securities as defined in Uniform Commercial | ||||||
3 | Code-Investment Securities;
| ||||||
4 | (h) Any loan made by a participating bank as part of | ||||||
5 | any loan
guarantee program which provides for loans and for | ||||||
6 | the refinancing of
such loans to medical students, interns | ||||||
7 | and residents and which are
guaranteed by the American | ||||||
8 | Medical Association Education and Research
Foundation;
| ||||||
9 | (i) Any loan made, guaranteed, or insured in accordance | ||||||
10 | with the
provisions of the Housing Act of 1949, Subchapter | ||||||
11 | III of Chapter 8A of
Title 42 of the United States Code and | ||||||
12 | the Consolidated Farm and Rural
Development Act, | ||||||
13 | Subchapters I, II, and III of Chapter 50 of Title 7 of
the | ||||||
14 | United States Code;
| ||||||
15 | (j) Any loan by an employee pension benefit plan, as | ||||||
16 | defined in Section
3 (2) of the Employee Retirement Income | ||||||
17 | Security Act of 1974 (29 U.S.C.A.
Sec. 1002), to an | ||||||
18 | individual participating in such plan, provided that such
| ||||||
19 | loan satisfies the prohibited transaction exemption | ||||||
20 | requirements of Section
408 (b) (1) (29 U.S.C.A. Sec. 1108 | ||||||
21 | (b) (1)) or Section 2003 (a) (26 U.S.C.A.
Sec. 4975 (d) | ||||||
22 | (1)) of the Employee Retirement Income Security Act of | ||||||
23 | 1974;
| ||||||
24 | (k) Written contracts, agreements or bonds for deed | ||||||
25 | providing for
installment purchase of real estate;
| ||||||
26 | (1) Loans secured by a mortgage on real estate;
|
| |||||||
| |||||||
1 | (m) Loans made by a sole proprietorship, partnership, | ||||||
2 | or corporation to
an employee or to a person who has been | ||||||
3 | offered employment by such sole
proprietorship, | ||||||
4 | partnership, or corporation made for the sole purpose of
| ||||||
5 | transferring an employee or person who has been offered | ||||||
6 | employment to another
office maintained and operated by the | ||||||
7 | same sole proprietorship, partnership,
or corporation;
| ||||||
8 | (n) Loans to or for the benefit of students made by an | ||||||
9 | institution of
higher education.
| ||||||
10 | (2) Except for loans described in subparagraph (a), (c), | ||||||
11 | (d),
(e), (f) or (i) of subsection (1) of this Section, and | ||||||
12 | except to the
extent permitted by the applicable statute for | ||||||
13 | loans made pursuant to
Section 4a or pursuant to the Consumer | ||||||
14 | Installment Loan Act:
| ||||||
15 | (a) Whenever the rate of interest exceeds 8% per annum | ||||||
16 | on any
written contract, agreement or bond for deed | ||||||
17 | providing for the installment
purchase of residential real | ||||||
18 | estate, or on any loan secured by a mortgage
on residential | ||||||
19 | real estate, it shall be unlawful to provide for a
| ||||||
20 | prepayment penalty or other charge for prepayment.
| ||||||
21 | (b) No agreement, note or other instrument evidencing a | ||||||
22 | loan
secured by a mortgage on residential real estate, or | ||||||
23 | written contract,
agreement or bond for deed providing for | ||||||
24 | the installment purchase of
residential real estate, may | ||||||
25 | provide for any change in the contract rate of
interest | ||||||
26 | during the term thereof. However, if the Congress of the |
| |||||||
| |||||||
1 | United
States or any federal agency authorizes any class of | ||||||
2 | lender to enter, within
limitations, into mortgage | ||||||
3 | contracts or written contracts, agreements or
bonds for | ||||||
4 | deed in which the rate of interest may be changed during | ||||||
5 | the
term of the contract, any person, firm, corporation or | ||||||
6 | other entity
not otherwise prohibited from entering into | ||||||
7 | mortgage contracts or
written contracts, agreements or | ||||||
8 | bonds for deed in Illinois may enter
into mortgage | ||||||
9 | contracts or written contracts, agreements or bonds
for | ||||||
10 | deed in which the rate of interest may be changed during | ||||||
11 | the term
of the contract, within the same limitations.
| ||||||
12 | (3) In any contract or loan which is secured by a mortgage, | ||||||
13 | deed of
trust, or conveyance in the nature of a mortgage, on | ||||||
14 | residential real
estate, the interest which is computed, | ||||||
15 | calculated, charged, or collected
pursuant to such contract or | ||||||
16 | loan, or pursuant to any regulation or rule
promulgated | ||||||
17 | pursuant to this Act, may not be computed, calculated, charged
| ||||||
18 | or collected for any period of time occurring after the date on | ||||||
19 | which the
total indebtedness, with the exception of late | ||||||
20 | payment penalties, is paid
in full.
| ||||||
21 | For purposes of this Section, a prepayment shall mean the | ||||||
22 | payment of the
total indebtedness, with the exception of late | ||||||
23 | payment penalties if
incurred or charged, on any date before | ||||||
24 | the date specified in the contract
or loan agreement on which | ||||||
25 | the total indebtedness shall be paid in full, or
before the | ||||||
26 | date on which all payments, if timely made, shall have been
|
| |||||||
| |||||||
1 | made. In the event of a prepayment of the indebtedness which is | ||||||
2 | made on a
date after the date on which interest on the | ||||||
3 | indebtedness was last
computed, calculated, charged, or | ||||||
4 | collected but before the next date on
which interest on the | ||||||
5 | indebtedness was to be calculated, computed, charged,
or | ||||||
6 | collected, the lender may calculate, charge and collect | ||||||
7 | interest on the
indebtedness for the period which elapsed | ||||||
8 | between the date on which the
prepayment is made and the date | ||||||
9 | on which interest on the indebtedness was
last computed, | ||||||
10 | calculated, charged or collected at a rate equal to 1/360 of
| ||||||
11 | the annual rate for each day which so elapsed, which rate shall | ||||||
12 | be applied
to the indebtedness outstanding as of the date of | ||||||
13 | prepayment. The lender
shall refund to the borrower any | ||||||
14 | interest charged or collected which
exceeds that which the | ||||||
15 | lender may charge or collect pursuant to the
preceding | ||||||
16 | sentence. The provisions of this amendatory Act of 1985 shall
| ||||||
17 | apply only to contracts or loans entered into on or after the | ||||||
18 | effective
date of this amendatory Act, but shall not apply to | ||||||
19 | contracts or loans
entered into on or after that date that are | ||||||
20 | subject to Section 4a of this
Act, the Consumer Installment | ||||||
21 | Loan Act, the Payday Loan Reform Act, or the Retail Installment | ||||||
22 | Sales
Act, or that provide for the refund of precomputed | ||||||
23 | interest on prepayment
in the manner provided by such Act.
| ||||||
24 | (Source: P.A. 94-13, eff. 12-6-05; 94-635, eff. 8-22-05; | ||||||
25 | revised 8-29-05.)
|
| |||||||
| |||||||
1 | (815 ILCS 205/4.1) (from Ch. 17, par. 6405)
| ||||||
2 | Sec. 4.1. The term "revolving credit" means an arrangement, | ||||||
3 | including by
means of a credit card as defined in Section 2.03 | ||||||
4 | of the Illinois Credit
Card and Debit Card Act between a lender | ||||||
5 | and debtor pursuant to which it is contemplated or
provided | ||||||
6 | that the lender may from time to time make loans or advances to | ||||||
7 | or
for the account of the debtor through the means of drafts, | ||||||
8 | items, orders
for the payment of money, evidences of debt or | ||||||
9 | similar written instruments,
whether or not negotiable, signed | ||||||
10 | by the debtor or by any person authorized
or permitted so to do | ||||||
11 | on behalf of the debtor, which loans or advances are
charged to | ||||||
12 | an account in respect of which account the lender is to render
| ||||||
13 | bills or statements to the debtor at regular intervals | ||||||
14 | (hereinafter
sometimes referred to as the "billing cycle") the | ||||||
15 | amount of which bills or
statements is payable by and due from | ||||||
16 | the debtor on a specified date stated
in such bill or statement | ||||||
17 | or at the debtor's option, may be payable by the
debtor in | ||||||
18 | installments. A revolving credit arrangement which grants the
| ||||||
19 | debtor a line of credit in excess of $5,000 may include | ||||||
20 | provisions
granting the lender a security interest in real | ||||||
21 | property or in a
beneficial interest in a land trust to secure | ||||||
22 | amounts
of credit extended by the lender.
Credit extended or | ||||||
23 | available under a revolving credit plan operated in
accordance | ||||||
24 | with the Illinois Financial Services Development Act shall be
| ||||||
25 | deemed to be "revolving credit" as defined in this Section 4.1 | ||||||
26 | but shall not
be subject to Sections 4.1a, 4.2 or 4.3 hereof.
|
| |||||||
| |||||||
1 | Whenever a lender is granted a security interest in real | ||||||
2 | property or
in a beneficial interest in a land trust, the | ||||||
3 | lender shall disclose the
existence of such interest to the | ||||||
4 | borrower in compliance with the Federal
Truth in Lending Act, | ||||||
5 | amendments thereto, and any regulations issued or
which may be | ||||||
6 | issued thereunder, and shall agree to pay all expenses,
| ||||||
7 | including recording fees and otherwise, to release any such | ||||||
8 | security interest
of record whenever it no longer secures any | ||||||
9 | credit under a revolving credit
arrangement. A lender shall not | ||||||
10 | be granted a security interest in any real
property or in any | ||||||
11 | beneficial interest in a land trust under a
revolving credit | ||||||
12 | arrangement, or if any such security interest
exists, such | ||||||
13 | interest shall be released, if a borrower renders payment of
| ||||||
14 | the total outstanding balance due under the revolving credit | ||||||
15 | arrangement
and requests in writing to reduce the line of | ||||||
16 | credit below that
amount for which a security interest in real | ||||||
17 | property or in a beneficial
interest in a land trust may be | ||||||
18 | required by
a lender. Any request by a borrower to release a | ||||||
19 | security interest under a
revolving credit arrangement shall be | ||||||
20 | granted by the lender provided the
borrower renders payment of | ||||||
21 | the total outstanding balance as required by
this Section | ||||||
22 | before the security interest of record may be released.
| ||||||
23 | (Source: P.A. 85-1432; revised 9-15-06.)
| ||||||
24 | Section 1255. The Automotive Collision Repair Act is | ||||||
25 | amended by changing Section 50 as follows:
|
| |||||||
| |||||||
1 | (815 ILCS 308/50)
| ||||||
2 | Sec. 50. Consumer disclosures; required signs. Every motor | ||||||
3 | vehicle repair
facility shall
post in a prominent place on the | ||||||
4 | business premises one or more signs, readily
visible to | ||||||
5 | customers,
in the following form:
| ||||||
6 | YOUR CUSTOMER RIGHTS. UNLESS THE FACILITY PROVIDES A FIRM PRICE
| ||||||
7 | QUOTATION, YOU ARE ENTITLED BY LAW TO:
| ||||||
8 | 1. A WRITTEN ESTIMATE FOR REPAIRS THAT WILL COST MORE THAN $100 | ||||||
9 | UNLESS
ABSENT FACE-TO-FACE CONTACT (SEE ITEM 3 BELOW).
| ||||||
10 | 2. AUTHORIZE ORALLY OR IN WRITING ANY REPAIRS THAT EXCEED THE
| ||||||
11 | ESTIMATED TOTAL PRE-SALES-TAX COST BY MORE THAN 10% OR THAT | ||||||
12 | EXCEED
THE LIMITED PRICE ESTIMATE.
| ||||||
13 | 3. AUTHORIZE ANY REPAIRS ORALLY OR IN WRITING IF YOUR MOTOR | ||||||
14 | VEHICLE IS LEFT
WITH THE COLLISION REPAIR FACILITY WITHOUT | ||||||
15 | FACE-TO-FACE CONTACT
BETWEEN YOU AND THE COLLISION REPAIR | ||||||
16 | FACILITY PERSONNEL.
| ||||||
17 | IF YOU HAVE AUTHORIZED A REPAIR IN ACCORDANCE
ACCORANCE WITH | ||||||
18 | THE ABOVE
INFORMATION, YOU ARE REQUIRED TO PAY FOR THE COSTS OF | ||||||
19 | THE REPAIR PRIOR
TO TAKING THE VEHICLE FROM THE PREMISES.
|
| |||||||
| |||||||
1 | The first line of each sign shall be in letters not less | ||||||
2 | than 1.5 inches in
height, and the
remaining lines shall be in | ||||||
3 | letters not less than 0.5 inch in height.
| ||||||
4 | (Source: P.A. 93-565, eff. 1-1-04; revised 10-11-05.)
| ||||||
5 | Section 1260. The Telephone Solicitations Act is amended by | ||||||
6 | changing Section 5 as follows:
| ||||||
7 | (815 ILCS 413/5)
| ||||||
8 | Sec. 5. Definitions. For purposes of this Act:
| ||||||
9 | "Caller ID" means the display to the recipient
of the call | ||||||
10 | of the caller's telephone number or identity.
| ||||||
11 | "Emergency telephone number" means any telephone number | ||||||
12 | which
accesses
or calls a fire department, law enforcement | ||||||
13 | agency, ambulance, hospital,
medical center, poison control | ||||||
14 | center, rape crisis center, suicide prevention
center, rescue | ||||||
15 | service, the 911 emergency access number provided by law
| ||||||
16 | enforcement agencies and police departments.
| ||||||
17 | "Subscriber" means:
| ||||||
18 | (1) A person who has subscribed to telephone service | ||||||
19 | from a telephone
company; or
| ||||||
20 | (2) Other persons living or residing with the | ||||||
21 | subscribing person.
| ||||||
22 | "Telephone solicitation" means any communication through | ||||||
23 | the use of
a
telephone by live operators for soliciting the | ||||||
24 | sale of goods or services.
|
| |||||||
| |||||||
1 | (Source: P.A. 90-541, eff. 6-1-98; 91-182, eff. 1-1-00; revised | ||||||
2 | 9-20-06.)
| ||||||
3 | Section 1265. The Consumer Fraud and Deceptive Business | ||||||
4 | Practices Act is amended by changing Sections 1 and 2LL and by | ||||||
5 | setting forth, renumbering, and changing multiple versions of | ||||||
6 | Sections 2MM, 2QQ, 2VV, and 2XX as follows:
| ||||||
7 | (815 ILCS 505/1) (from Ch. 121 1/2, par. 261)
| ||||||
8 | Sec. 1. (a) The term "advertisement" includes the attempt | ||||||
9 | by publication,
dissemination, solicitation or circulation to | ||||||
10 | induce directly or indirectly
any person to enter into any | ||||||
11 | obligation or acquire any title or interest in
any merchandise | ||||||
12 | and includes every work device to disguise any form of
business | ||||||
13 | solicitation by using such terms as "renewal", "invoice", | ||||||
14 | "bill",
"statement", or "reminder", to create an impression of | ||||||
15 | existing obligation
when there is none, or other language to | ||||||
16 | mislead any person in relation to
any sought after commercial | ||||||
17 | transaction . ;
| ||||||
18 | (b) The term "merchandise" includes any objects, wares, | ||||||
19 | goods,
commodities, intangibles, real estate situated outside | ||||||
20 | the State of
Illinois, or services . ;
| ||||||
21 | (c) The term "person" includes any natural person or his | ||||||
22 | legal
representative, partnership, corporation (domestic and | ||||||
23 | foreign), company,
trust, business entity or association, and | ||||||
24 | any agent, employee, salesman,
partner, officer, director, |
| |||||||
| |||||||
1 | member, stockholder, associate, trustee or
cestui que trust | ||||||
2 | thereof . ;
| ||||||
3 | (d) The term "sale" includes any sale, offer for sale, or | ||||||
4 | attempt to
sell any merchandise for cash or on credit.
| ||||||
5 | (e) The term "consumer" means any person who purchases or | ||||||
6 | contracts for
the purchase of merchandise not for resale in the | ||||||
7 | ordinary course of his
trade or business but for his use or | ||||||
8 | that of a member of his household.
| ||||||
9 | (f) The terms "trade" and "commerce" mean the advertising, | ||||||
10 | offering for
sale, sale, or distribution of any services and | ||||||
11 | any property, tangible or
intangible, real, personal or mixed, | ||||||
12 | and any other article, commodity, or
thing of value wherever | ||||||
13 | situated, and shall include any trade or commerce
directly or | ||||||
14 | indirectly affecting the people of this State.
| ||||||
15 | (g) The term "pyramid sales scheme" includes any plan or | ||||||
16 | operation whereby
a person in exchange for money or other thing | ||||||
17 | of value acquires the opportunity
to receive a benefit or thing | ||||||
18 | of value, which is primarily based upon the
inducement of | ||||||
19 | additional persons, by himself or others, regardless of number,
| ||||||
20 | to participate in the same plan or operation
and is not | ||||||
21 | primarily contingent on the volume or quantity of goods, | ||||||
22 | services,
or other property sold or distributed or to be sold | ||||||
23 | or distributed to persons
for purposes of resale to consumers. | ||||||
24 | For purposes of this subsection, "money
or other thing of | ||||||
25 | value"
shall not include payments made for sales demonstration | ||||||
26 | equipment and materials
furnished on a nonprofit basis for use |
| |||||||
| |||||||
1 | in making sales and not
for resale.
| ||||||
2 | (Source: P.A. 83-808; revised 10-18-05.)
| ||||||
3 | (815 ILCS 505/2LL)
| ||||||
4 | Sec. 2LL. Halal food; disclosure.
| ||||||
5 | (a) As used in this Section:
| ||||||
6 | "Dealer" means any establishment that advertises, | ||||||
7 | represents, or holds
itself out as growing animals in a halal | ||||||
8 | way or selling, preparing, or
maintaining food as halal,
| ||||||
9 | including, but not limited to, manufacturers, animals' farms, | ||||||
10 | slaughterhouses,
wholesalers, stores, restaurants, hotels, | ||||||
11 | catering facilities,
butcher shops, summer camps, bakeries, | ||||||
12 | delicatessens, supermarkets,
grocery stores, licensed health | ||||||
13 | care facilities, freezer dealers, and food
plan companies. | ||||||
14 | These establishments may also sell, prepare or maintain
food | ||||||
15 | not represented as halal.
| ||||||
16 | "Director" means the Director of Agriculture.
| ||||||
17 | "Food" means an animal grown to become food for human | ||||||
18 | consumption, a food, a
food product, a food ingredient, a | ||||||
19 | dietary
supplement, or a beverage.
| ||||||
20 | "Halal" means prepared under and maintained in strict | ||||||
21 | compliance with the
laws and customs of the Islamic religion | ||||||
22 | including but not limited to those
laws and customs of | ||||||
23 | zabiha/zabeeha
zabiha/zebeeha (slaughtered according to | ||||||
24 | appropriate
Islamic codes), and as expressed by reliable | ||||||
25 | recognized Islamic entities and
scholars.
|
| |||||||
| |||||||
1 | (b) Any dealer who grows animals represented to be grown in | ||||||
2 | a halal way or
who prepares, distributes, sells, or exposes for | ||||||
3 | sale any
food represented to be halal shall
disclose the basis | ||||||
4 | upon which those representations are made by posting the
| ||||||
5 | information required by the Director, in accordance with rules | ||||||
6 | adopted by
the Director, on a sign of a type and size
specified | ||||||
7 | by the Director, in a conspicuous place upon the premises at | ||||||
8 | which
the food is sold or exposed for sale, as required
by the | ||||||
9 | Director.
| ||||||
10 | (c) Any person subject to the requirements of subsection | ||||||
11 | (b) does not
commit an unlawful practice if the person shows
by | ||||||
12 | a preponderance of the evidence that the person relied in
good | ||||||
13 | faith upon the representations of an animals' farm,
| ||||||
14 | slaughterhouse, manufacturer, processor, packer, or | ||||||
15 | distributor of any food
represented to be halal.
| ||||||
16 | (d) Possession by a dealer of any animal grown to become | ||||||
17 | food for
consumption or any food not in conformance with the
| ||||||
18 | disclosure required by subsection (b) with respect to that food | ||||||
19 | is presumptive
evidence that the person is in possession of | ||||||
20 | that food with the intent to sell.
| ||||||
21 | (e) Any dealer who grows animals represented to be grown in | ||||||
22 | a halal way or
who prepares, distributes, sells, or exposes for | ||||||
23 | sale any
food represented to be halal shall comply
with all | ||||||
24 | requirements of the Director, including, but not limited to,
| ||||||
25 | recordkeeping, labeling and filing, in accordance with rules | ||||||
26 | adopted by the
Director.
|
| |||||||
| |||||||
1 | (f) Neither an animal represented to be grown in a halal | ||||||
2 | way to become food
for human consumption, nor a food commodity | ||||||
3 | represented as halal, may be
offered for sale by a dealer until | ||||||
4 | the dealer has registered, with the
Director, documenting
| ||||||
5 | information of the certifying Islamic entity specialized in | ||||||
6 | halal food or the
supervising Muslim Inspector of Halal Food.
| ||||||
7 | (g) The Director shall adopt rules to carry out this | ||||||
8 | Section in
accordance with the Illinois
Administrative | ||||||
9 | Procedure Act.
| ||||||
10 | (h) It is an unlawful practice under this Act to violate | ||||||
11 | this Section or
the rules adopted by the Director to carry out | ||||||
12 | this Section.
| ||||||
13 | (Source: P.A. 92-394, eff. 1-1-02; 92-651, eff. 7-11-02; | ||||||
14 | revised 10-18-05.)
| ||||||
15 | (815 ILCS 505/2MM)
| ||||||
16 | Sec. 2MM. Verification of accuracy of consumer reporting | ||||||
17 | information used to
extend consumers credit and security freeze | ||||||
18 | on credit reports.
| ||||||
19 | (a) A credit card issuer who mails an offer or solicitation | ||||||
20 | to apply for a
credit card and who receives a completed | ||||||
21 | application in response to the offer
or
solicitation which | ||||||
22 | lists an address that is not substantially the same as the
| ||||||
23 | address on the offer or solicitation may not issue a credit | ||||||
24 | card based on that
application until reasonable steps have been | ||||||
25 | taken to verify the applicant's
change of address.
|
| |||||||
| |||||||
1 | (b) Any person who uses a consumer credit report in | ||||||
2 | connection with the
approval of credit based on the application | ||||||
3 | for an extension of credit, and who
has received notification | ||||||
4 | of a police report filed with a consumer reporting
agency that | ||||||
5 | the applicant has been a victim of financial
identity theft, as | ||||||
6 | defined in Section 16G-15 of the Criminal Code of 1961, may
not | ||||||
7 | lend money or extend credit without taking reasonable steps to | ||||||
8 | verify the
consumer's identity and confirm that the application | ||||||
9 | for an extension of
credit
is not the result of financial | ||||||
10 | identity theft.
| ||||||
11 | (c) A consumer may request that a security freeze be placed | ||||||
12 | on his or her credit report by sending a request in writing by | ||||||
13 | certified mail to a consumer reporting agency at an address | ||||||
14 | designated by the consumer reporting agency to receive such | ||||||
15 | requests. This subsection (c) does not prevent a consumer | ||||||
16 | reporting agency from advising a third party that a security | ||||||
17 | freeze is in effect with respect to the consumer's credit | ||||||
18 | report.
| ||||||
19 | (d) A consumer reporting agency shall place a security | ||||||
20 | freeze on a consumer's credit report no later than 5 business | ||||||
21 | days after receiving a written request from the consumer:
| ||||||
22 | (1) a written request described in subsection (c); | ||||||
23 | (2) proper identification; and | ||||||
24 | (3) payment of a fee, if applicable.
| ||||||
25 | (e) Upon placing the security freeze on the consumer's | ||||||
26 | credit report, the consumer reporting agency shall send to the |
| |||||||
| |||||||
1 | consumer within 10 business days a written confirmation of the | ||||||
2 | placement of the security freeze and a unique personal | ||||||
3 | identification number or password or similar device, other than | ||||||
4 | the consumer's Social Security number, to be used by the | ||||||
5 | consumer when providing authorization for the release of his or | ||||||
6 | her credit report for a specific party or period of time.
| ||||||
7 | (f) If the consumer wishes to allow his or her credit | ||||||
8 | report to be accessed for a specific party or period of time | ||||||
9 | while a freeze is in place, he or she shall contact the | ||||||
10 | consumer reporting agency using a point of contact designated | ||||||
11 | by the consumer reporting agency, request that the freeze be | ||||||
12 | temporarily lifted, and provide the following:
| ||||||
13 | (1) Proper identification;
| ||||||
14 | (2) The unique personal identification number or | ||||||
15 | password or similar device provided by the consumer | ||||||
16 | reporting agency;
| ||||||
17 | (3) The proper information regarding the third party or | ||||||
18 | time period for which the report shall be available to | ||||||
19 | users of the credit report; and
| ||||||
20 | (4) A fee, if applicable.
| ||||||
21 | (g) A consumer reporting agency shall develop a contact | ||||||
22 | method to receive and process a request from a consumer to | ||||||
23 | temporarily lift a freeze on a credit report pursuant to | ||||||
24 | subsection (f) in an expedited manner.
| ||||||
25 | A contact method under this subsection shall include:
(i) a | ||||||
26 | postal address; and (ii) an electronic contact method chosen by |
| |||||||
| |||||||
1 | the consumer reporting agency, which may include the use of | ||||||
2 | telephone, fax, Internet, or other electronic means.
| ||||||
3 | (h) A consumer reporting agency that receives a request | ||||||
4 | from a consumer to temporarily lift a freeze on a credit report | ||||||
5 | pursuant to subsection (f), shall comply with the request no | ||||||
6 | later than 3 business days after receiving the request.
| ||||||
7 | (i) A consumer reporting agency shall remove or temporarily | ||||||
8 | lift a freeze placed on a consumer's credit report only in the | ||||||
9 | following cases:
| ||||||
10 | (1) upon consumer request, pursuant to subsection (f) | ||||||
11 | or subsection (l) of this Section; or
| ||||||
12 | (2) if the consumer's credit report was frozen due to a | ||||||
13 | material misrepresentation of fact by the consumer.
| ||||||
14 | If a consumer reporting agency intends to remove a freeze | ||||||
15 | upon a consumer's credit report pursuant to this subsection, | ||||||
16 | the consumer reporting agency shall notify the consumer in | ||||||
17 | writing prior to removing the freeze on the consumer's credit | ||||||
18 | report.
| ||||||
19 | (j) If a third party requests access to a credit report on | ||||||
20 | which a security freeze is in effect, and this request is in | ||||||
21 | connection with an application for credit or any other use, and | ||||||
22 | the consumer does not allow his or her credit report to be | ||||||
23 | accessed for that specific party or period of time, the third | ||||||
24 | party may treat the application as incomplete.
| ||||||
25 | (k) If a consumer requests a security freeze, the credit | ||||||
26 | reporting agency shall disclose to the consumer the process of |
| |||||||
| |||||||
1 | placing and temporarily lifting a security freeze, and the | ||||||
2 | process for allowing access to information from the consumer's | ||||||
3 | credit report for a specific party or period of time while the | ||||||
4 | freeze is in place.
| ||||||
5 | (l) A security freeze shall remain in place until the | ||||||
6 | consumer requests, using a point of contact designated by the | ||||||
7 | consumer reporting agency, that the security freeze be removed. | ||||||
8 | A credit reporting agency shall remove a security freeze within | ||||||
9 | 3 business days of receiving a request for removal from the | ||||||
10 | consumer, who provides:
| ||||||
11 | (1) Proper identification;
| ||||||
12 | (2) The unique personal identification number or | ||||||
13 | password or similar device provided by the consumer | ||||||
14 | reporting agency; and
| ||||||
15 | (3) A fee, if applicable.
| ||||||
16 | (m) A consumer reporting agency shall require proper | ||||||
17 | identification of the person making a request to place or | ||||||
18 | remove a security freeze.
| ||||||
19 | (n) The provisions of subsections (c) through (m) of this | ||||||
20 | Section do not apply to the use of a consumer credit report by | ||||||
21 | any of the following:
| ||||||
22 | (1) A person or entity, or a subsidiary, affiliate, or | ||||||
23 | agent of that person or entity, or an assignee of a | ||||||
24 | financial obligation owing by the consumer to that person | ||||||
25 | or entity, or a prospective assignee of a financial | ||||||
26 | obligation owing by the consumer to that person or entity |
| |||||||
| |||||||
1 | in conjunction with the proposed purchase of the financial | ||||||
2 | obligation, with which the consumer has or had prior to | ||||||
3 | assignment an account or contract, including a demand | ||||||
4 | deposit account, or to whom the consumer issued a | ||||||
5 | negotiable instrument, for the purposes of reviewing the | ||||||
6 | account or collecting the financial obligation owing for | ||||||
7 | the account, contract, or negotiable instrument. For | ||||||
8 | purposes of this subsection, "reviewing the account" | ||||||
9 | includes activities related to account maintenance, | ||||||
10 | monitoring, credit line increases, and account upgrades | ||||||
11 | and enhancements.
| ||||||
12 | (2) A subsidiary, affiliate, agent, assignee, or | ||||||
13 | prospective assignee of a person to whom access has been | ||||||
14 | granted under subsection (f) of this Section for purposes | ||||||
15 | of facilitating the extension of credit or other | ||||||
16 | permissible use.
| ||||||
17 | (3) Any state or local agency, law enforcement agency, | ||||||
18 | trial court, or private collection agency acting pursuant | ||||||
19 | to a court order, warrant, or subpoena.
| ||||||
20 | (4) A child support agency acting pursuant to Title | ||||||
21 | IV-D of the Social Security Act.
| ||||||
22 | (5) The State or its agents or assigns acting to | ||||||
23 | investigate fraud.
| ||||||
24 | (6) The Department of Revenue or its agents or assigns | ||||||
25 | acting to investigate or collect delinquent taxes or unpaid | ||||||
26 | court orders or to fulfill any of its other statutory |
| |||||||
| |||||||
1 | responsibilities.
| ||||||
2 | (7) The use of credit information for the purposes of | ||||||
3 | prescreening as provided for by the federal Fair Credit | ||||||
4 | Reporting Act.
| ||||||
5 | (8) Any person or entity administering a credit file | ||||||
6 | monitoring subscription or similar service to which the | ||||||
7 | consumer has subscribed.
| ||||||
8 | (9) Any person or entity for the purpose of providing a | ||||||
9 | consumer with a copy of his or her credit report or score | ||||||
10 | upon the consumer's request.
| ||||||
11 | (10) Any person using the information in connection | ||||||
12 | with the underwriting of insurance.
| ||||||
13 | (n-5) This Section does not prevent a consumer reporting | ||||||
14 | agency from charging a fee of no more than $10 to a consumer | ||||||
15 | for each freeze, removal, or temporary lift of the freeze, | ||||||
16 | regarding access to a consumer credit report, except that a | ||||||
17 | consumer reporting agency may not charge a fee to (i) a | ||||||
18 | consumer 65 years of age or over for placement and removal of a | ||||||
19 | freeze, or (ii) a victim of identity theft who has submitted to | ||||||
20 | the consumer reporting agency a valid copy of a police report, | ||||||
21 | investigative report, or complaint that the consumer has filed | ||||||
22 | with a law enforcement agency about unlawful use of his or her | ||||||
23 | personal information by another person.
| ||||||
24 | (o) If a security freeze is in place, a consumer reporting | ||||||
25 | agency shall not change any of the following official | ||||||
26 | information in a credit report without sending a written |
| |||||||
| |||||||
1 | confirmation of the change to the consumer within 30 days of | ||||||
2 | the change being posted to the consumer's file: (i) name, (ii) | ||||||
3 | date of birth, (iii) Social Security number, and (iv) address. | ||||||
4 | Written confirmation is not required for technical | ||||||
5 | modifications of a consumer's official information, including | ||||||
6 | name and street abbreviations, complete spellings, or | ||||||
7 | transposition of numbers or letters. In the case of an address | ||||||
8 | change, the written confirmation shall be sent to both the new | ||||||
9 | address and to the former address.
| ||||||
10 | (p) The following entities are not required to place a | ||||||
11 | security freeze in a consumer report, however, pursuant to | ||||||
12 | paragraph (3) of this subsection, a consumer reporting agency | ||||||
13 | acting as a reseller shall honor any security freeze placed on | ||||||
14 | a consumer credit report by another consumer reporting agency:
| ||||||
15 | (1) A check services or fraud prevention services | ||||||
16 | company, which issues reports on incidents of fraud or | ||||||
17 | authorizations for the purpose of approving or processing | ||||||
18 | negotiable instruments, electronic funds transfers, or | ||||||
19 | similar methods of payment.
| ||||||
20 | (2) A deposit account information service company, | ||||||
21 | which issues reports regarding account closures due to | ||||||
22 | fraud, substantial overdrafts, ATM abuse, or similar | ||||||
23 | negative information regarding a consumer to inquiring | ||||||
24 | banks or other financial institutions for use only in | ||||||
25 | reviewing a consumer request for a deposit account at the | ||||||
26 | inquiring bank or financial institution.
|
| |||||||
| |||||||
1 | (3) A consumer reporting agency that:
| ||||||
2 | (A) acts only to resell credit information by | ||||||
3 | assembling and merging information contained in a | ||||||
4 | database of one or more consumer reporting agencies; | ||||||
5 | and
| ||||||
6 | (B) does not maintain a permanent database of | ||||||
7 | credit information from which new credit reports are | ||||||
8 | produced.
| ||||||
9 | (q) For purposes of this Section: | ||||||
10 | "Credit report" has the same meaning as "consumer report", | ||||||
11 | as ascribed to it in 15 U.S.C. Sec. 1681a(d). | ||||||
12 | "Consumer reporting agency" has the meaning ascribed to it | ||||||
13 | in 15 U.S.C. Sec. 1681a(f). | ||||||
14 | "Security freeze" means
a notice placed in a consumer's | ||||||
15 | credit report, at the request of the consumer and subject to | ||||||
16 | certain exceptions, that prohibits the consumer reporting | ||||||
17 | agency from releasing the consumer's credit report or score | ||||||
18 | relating to an extension of credit, without the express | ||||||
19 | authorization of the consumer.
| ||||||
20 | "Extension of credit" does not include
an increase in an | ||||||
21 | existing open-end credit plan, as defined in Regulation Z of
| ||||||
22 | the Federal Reserve System (12 C.F.R. 226.2), or any change to | ||||||
23 | or review of an
existing credit account.
| ||||||
24 | "Proper identification" means information generally deemed | ||||||
25 | sufficient to identify a person. Only if the consumer is unable | ||||||
26 | to reasonably identify himself or herself with the information |
| |||||||
| |||||||
1 | described above, may a consumer reporting agency require | ||||||
2 | additional information concerning the consumer's employment | ||||||
3 | and personal or family history in order to verify his or her | ||||||
4 | identity.
| ||||||
5 | (r) Any person who violates this Section commits an
| ||||||
6 | unlawful practice within the meaning of this Act.
| ||||||
7 | (Source: P.A. 93-195, eff. 1-1-04; 94-74, eff. 1-1-06; 94-799, | ||||||
8 | eff. 1-1-07.)
| ||||||
9 | (815 ILCS 505/2NN)
| ||||||
10 | Sec. 2NN
2MM . Receipts; credit card and debit card account | ||||||
11 | numbers.
| ||||||
12 | (a) Definitions. As used in this Section:
| ||||||
13 | "Cardholder" has the meaning ascribed to it in Section 2.02 | ||||||
14 | of the
Illinois
Credit Card and Debit Card Act.
| ||||||
15 | "Credit card" has the meaning ascribed to it in Section | ||||||
16 | 2.03 of the Illinois
Credit Card and Debit Card Act.
| ||||||
17 | "Debit card" has the meaning ascribed to it in Section 2.15 | ||||||
18 | of the Illinois
Credit Card and Debit Card Act.
| ||||||
19 | "Issuer" has the meaning ascribed to it in Section 2.08 of | ||||||
20 | the Illinois
Credit
Card and Debit Card Act.
| ||||||
21 | "Person" has the meaning ascribed to it in Section 2.09 of | ||||||
22 | the Illinois
Credit
Card and Debit Card Act.
| ||||||
23 | "Provider" means a person who furnishes money, goods, | ||||||
24 | services, or anything
else
of value upon presentation, whether | ||||||
25 | physically, in writing, verbally,
electronically, or |
| |||||||
| |||||||
1 | otherwise, of a credit card or debit card by the cardholder,
or | ||||||
2 | any agent or employee of that person.
| ||||||
3 | (b) Except as otherwise provided in this Section, no | ||||||
4 | provider may print or
otherwise produce or reproduce or permit | ||||||
5 | the printing or other production or
reproduction of the | ||||||
6 | following: (i) any part of the credit card or debit card
| ||||||
7 | account number, other than the last 4 digits or other | ||||||
8 | characters, (ii) the
credit card or debit card expiration date | ||||||
9 | on any receipt provided or made
available to the cardholder.
| ||||||
10 | (c) This Section does not apply to a credit card or debit | ||||||
11 | card transaction in
which the sole means available to the | ||||||
12 | provider of recording the credit card or
debit card account | ||||||
13 | number is by handwriting or by imprint of the card.
| ||||||
14 | (d) This Section does not apply to receipts issued for | ||||||
15 | transactions on the
electronic benefits transfer card system in | ||||||
16 | accordance with 7 CFR 274.12(g)(3).
| ||||||
17 | (e) A violation of this Section constitutes an unlawful | ||||||
18 | practice within
the meaning of this Act.
| ||||||
19 | (f) This Section is operative on January 1, 2005.
| ||||||
20 | (Source: P.A. 93-231, eff. 1-1-04; revised 9-26-03.)
| ||||||
21 | (815 ILCS 505/2PP)
| ||||||
22 | Sec. 2PP
2MM . Mail; disclosure. It is an unlawful practice | ||||||
23 | under this
Act
to knowingly mail or send or cause to be mailed | ||||||
24 | or sent a postcard or letter
to a recipient in this State if:
| ||||||
25 | (1) the postcard or letter contains a request that the |
| |||||||
| |||||||
1 | recipient call a
telephone number; and
| ||||||
2 | (2) the postcard or letter is mailed or sent to induce | ||||||
3 | the recipient to
call the telephone number so that goods, | ||||||
4 | services, or other merchandise, as
defined in Section 1, | ||||||
5 | may be offered for sale to the recipient; and
| ||||||
6 | (3) the postcard or letter does not disclose that | ||||||
7 | goods, services, or
other merchandise, as defined in | ||||||
8 | Section 1, may be offered for sale if the
recipient calls | ||||||
9 | the telephone number.
| ||||||
10 | (Source: P.A. 93-459, eff. 1-1-04; revised 9-26-03.)
| ||||||
11 | (815 ILCS 505/2QQ)
| ||||||
12 | Sec. 2QQ. Insurance cards; social security number. | ||||||
13 | (a) As used in this Section, "insurance card" means a card | ||||||
14 | that a person or entity provides to an individual so that the | ||||||
15 | individual may present the card to establish the eligibility of | ||||||
16 | the individual or his or her dependents to receive health, | ||||||
17 | dental, optical, or accident insurance benefits, prescription | ||||||
18 | drug benefits, or benefits under a managed care plan or a plan | ||||||
19 | provided by a health maintenance organization, a health | ||||||
20 | services plan corporation, or a similar entity.
| ||||||
21 | (b) A person or entity may not print an individual's social | ||||||
22 | security number on an insurance card. A person or entity that | ||||||
23 | provides an insurance card must print on the card an | ||||||
24 | identification number unique to the holder of the card in the | ||||||
25 | format prescribed by Section 15 of the
Uniform Prescription |
| |||||||
| |||||||
1 | Drug Information Card Act. | ||||||
2 | (c) An insurance card issued to an individual before the | ||||||
3 | effective date of this amendatory Act of the 93rd General | ||||||
4 | Assembly that does not comply with subsection (b) must be | ||||||
5 | replaced by January 1, 2006 with an insurance card that | ||||||
6 | complies with subsection (b) if the individual's eligibility | ||||||
7 | for benefits continues after the effective date of this | ||||||
8 | amendatory Act of the 93rd General Assembly. | ||||||
9 | (d) A violation of this Section constitutes an unlawful | ||||||
10 | practice within the meaning of this Act.
| ||||||
11 | (Source: P.A. 93-728, eff. 1-1-05.)
| ||||||
12 | (815 ILCS 505/2RR)
| ||||||
13 | Sec. 2RR
2QQ . Use of Social Security numbers. | ||||||
14 | (a) Except as otherwise provided in this Section,
a person | ||||||
15 | may not do any of the following: | ||||||
16 | (1) Publicly post or publicly display in any manner an | ||||||
17 | individual's social security number. As used in this | ||||||
18 | Section, "publicly post" or "publicly display" means to | ||||||
19 | intentionally communicate or otherwise make available to | ||||||
20 | the general public. | ||||||
21 | (2) Print an individual's social security number on any | ||||||
22 | card
required for the individual to access products or | ||||||
23 | services provided by the person or entity; however, a | ||||||
24 | person or entity that provides an insurance card must print | ||||||
25 | on the card an identification number unique to the holder |
| |||||||
| |||||||
1 | of the card in the format prescribed by Section 15 of the
| ||||||
2 | Uniform Prescription Drug Information Card Act. | ||||||
3 | (3) Require an individual to transmit his or her social | ||||||
4 | security number over the Internet, unless the connection is | ||||||
5 | secure or the social security number is encrypted. | ||||||
6 | (4) Require an individual to use his or her social | ||||||
7 | security number to access an Internet web site, unless a | ||||||
8 | password or unique personal identification number or other | ||||||
9 | authentication device is also required to access the | ||||||
10 | Internet Web site. | ||||||
11 | (5) Print an individual's social security number on any | ||||||
12 | materials that are mailed to the individual, unless State | ||||||
13 | or federal law requires the social security number to be on | ||||||
14 | the document to be mailed. Notwithstanding any provision in | ||||||
15 | this Section to the contrary, social security numbers may | ||||||
16 | be included in applications and forms sent by mail, | ||||||
17 | including documents sent as part of an application or | ||||||
18 | enrollment process or to establish, amend, or terminate an | ||||||
19 | account, contract, or policy or to confirm the accuracy of | ||||||
20 | the social security number. A social security number that | ||||||
21 | may permissibly be mailed under this Section may not be | ||||||
22 | printed, in whole or in part, on a postcard or other mailer | ||||||
23 | that does not require an envelope or be visible on an | ||||||
24 | envelope or visible without the envelope having been | ||||||
25 | opened. | ||||||
26 | (b) A person that used, before July 1, 2005, an |
| |||||||
| |||||||
1 | individual's social security
number in a manner inconsistent | ||||||
2 | with subsection (a) may continue
using that individual's social | ||||||
3 | security number in the same manner on or
after July 1, 2005 if | ||||||
4 | all of the following conditions are met: | ||||||
5 | (1) The use of the social security number is | ||||||
6 | continuous. If the use is stopped for any reason, | ||||||
7 | subsection (a) shall apply. | ||||||
8 | (2) The individual is provided an annual disclosure | ||||||
9 | that informs the individual that he or she has the right to | ||||||
10 | stop the use of his or her social security number in a | ||||||
11 | manner prohibited by subsection (a). | ||||||
12 | A written request by an individual to stop the use of his | ||||||
13 | or her social security number in a manner prohibited by | ||||||
14 | subsection (a) shall be implemented within 30 days of the | ||||||
15 | receipt of the request. There shall be no fee or charge for | ||||||
16 | implementing the request. A person shall not deny services to | ||||||
17 | an individual because the individual makes such a written | ||||||
18 | request. | ||||||
19 | (c) This Section does not apply to the collection, use, or | ||||||
20 | release
of a social security number as required by State or | ||||||
21 | federal law or
the use of a social security number for internal | ||||||
22 | verification or
administrative purposes. This Section does not | ||||||
23 | apply to the collection, use, or
release of a social security | ||||||
24 | number by the State, a subdivision of the State, or an | ||||||
25 | individual in the employ of the State or a subdivision of the | ||||||
26 | State in connection with his or her official duties. |
| |||||||
| |||||||
1 | (d) This Section does not apply to documents that are | ||||||
2 | recorded or
required to be open to the public under State or | ||||||
3 | federal law, applicable case law, Supreme Court Rule, or the | ||||||
4 | Constitution of the State of Illinois. | ||||||
5 | (e) If a federal law takes effect requiring the United | ||||||
6 | States
Department of Health and Human Services to establish a | ||||||
7 | national
unique patient health identifier program, any person | ||||||
8 | who complies with the federal law shall be deemed to be in | ||||||
9 | compliance with this
Section. | ||||||
10 | (f) A person may not encode or embed a social security
| ||||||
11 | number in or on a card or document, including, but not limited | ||||||
12 | to,
using a bar code, chip, magnetic strip, or other | ||||||
13 | technology, in place
of removing the social security number as | ||||||
14 | required by this Section. | ||||||
15 | (g) Any person who violates this Section commits an | ||||||
16 | unlawful practice within the meaning of this Act.
| ||||||
17 | (Source: P.A. 93-739, eff. 7-1-06; revised 9-14-06.)
| ||||||
18 | (815 ILCS 505/2SS)
| ||||||
19 | Sec. 2SS
2QQ . Gift certificates. | ||||||
20 | (a) "Gift certificate" means a record evidencing a promise, | ||||||
21 | made for consideration, by the seller or issuer of the record | ||||||
22 | that goods or services will be provided to the holder of the | ||||||
23 | record for the value shown in the record and includes, but is | ||||||
24 | not limited to, a record that contains a microprocessor chip, | ||||||
25 | magnetic stripe or other means for the storage of information |
| |||||||
| |||||||
1 | that is prefunded and for which the value is decremented upon | ||||||
2 | each use, a gift card, an electronic gift card, stored-value | ||||||
3 | card or certificate, a store card or a similar record or card. | ||||||
4 | For purposes of this Act, the term "gift certificate" does not | ||||||
5 | include any of the following: | ||||||
6 | (i) prepaid telecommunications and technology cards | ||||||
7 | including, but not limited
to, prepaid telephone calling | ||||||
8 | cards, prepaid technical support cards, and prepaid | ||||||
9 | Internet disks that are distributed to or purchased by a | ||||||
10 | consumer; | ||||||
11 | (ii) prepaid telecommunications and technology cards | ||||||
12 | including, but not
limited to, prepaid telephone calling | ||||||
13 | cards, prepaid technical support cards, and prepaid | ||||||
14 | Internet disks that are provided to a consumer pursuant to | ||||||
15 | any award, loyalty, or promotion program without any money | ||||||
16 | or other thing of value being given in exchange for the | ||||||
17 | card; or | ||||||
18 | (iii) any gift certificate usable with multiple | ||||||
19 | sellers of goods or services. | ||||||
20 | (b) Any gift certificate subject to a fee must contain a | ||||||
21 | statement clearly and conspicuously printed on the gift | ||||||
22 | certificate stating whether there is a fee, the amount of the | ||||||
23 | fee, how often the fee will occur, that the fee is triggered by | ||||||
24 | inactivity of the gift certificate, and at what point the fee | ||||||
25 | will be charged. The statement may appear on the front or back | ||||||
26 | of the gift certificate in a location where it is visible to |
| |||||||
| |||||||
1 | any purchaser prior to the purchase. | ||||||
2 | (c) Any gift certificate subject to an expiration date must | ||||||
3 | contain a statement clearly and conspicuously printed on the | ||||||
4 | gift certificate stating the expiration date. The statement may | ||||||
5 | appear on the front or back of the gift certificate in a | ||||||
6 | location where it is visible to any purchaser prior to the | ||||||
7 | purchase. | ||||||
8 | (d) Subsection (c) does not apply to any gift certificate | ||||||
9 | that contains a toll free phone number and a statement clearly | ||||||
10 | and conspicuously printed on the gift certificate stating that | ||||||
11 | holders can call the toll free number to find out the balance | ||||||
12 | on the gift certificate, if applicable, and the expiration | ||||||
13 | date. The toll free number and statement may appear on the | ||||||
14 | front or back of the gift certificate in a location where it is | ||||||
15 | visible to any purchaser prior to the purchase. | ||||||
16 | (e) This Section does not apply to any of the following | ||||||
17 | gift certificates: | ||||||
18 | (i) Gift certificates that are distributed by the | ||||||
19 | issuer to a consumer pursuant to an
awards, loyalty, or | ||||||
20 | promotional program without any money or thing of value | ||||||
21 | being given in exchange for the gift certificate by the | ||||||
22 | consumer. | ||||||
23 | (ii) Gift certificates that are sold below face value | ||||||
24 | at a volume discount to employers or to nonprofit and | ||||||
25 | charitable organizations for fundraising purposes if the | ||||||
26 | expiration date on those gift certificates is not more than |
| |||||||
| |||||||
1 | 30 days after the date of sale. | ||||||
2 | (iii) Gift certificates that are issued for a food | ||||||
3 | product.
| ||||||
4 | (Source: P.A. 93-945, eff. 1-1-05; revised 11-10-04.)
| ||||||
5 | (815 ILCS 505/2TT)
| ||||||
6 | Sec. 2TT
2QQ . Prepaid calling service. | ||||||
7 | (a) For purposes of this Section 2QQ , the terms "Prepaid | ||||||
8 | Calling Service", "Prepaid Calling Service Provider", "Prepaid | ||||||
9 | Calling Service Retailer", and "Prepaid Calling Service | ||||||
10 | Reseller" shall have the same definitions as those in Sections | ||||||
11 | 13-230, 13-231, 13-232, and 13-233, respectively, of the Public | ||||||
12 | Utilities Act. | ||||||
13 | For the purposes of this Section, "international preferred | ||||||
14 | destination" means a prepaid calling service that advertises a | ||||||
15 | specific international destination either on the card, the | ||||||
16 | packaging material accompanying the card, or through an | ||||||
17 | offering of sale of the service.
| ||||||
18 | (b) On and after July 1, 2005, it is an unlawful practice | ||||||
19 | under this Act for any prepaid calling service provider or | ||||||
20 | prepaid calling service reseller to sell or offer to sell | ||||||
21 | prepaid calling service to any prepaid calling service retailer | ||||||
22 | unless the prepaid calling service provider has applied for and | ||||||
23 | received a Certificate of Prepaid Calling Service Provider | ||||||
24 | Authority from the Illinois Commerce Commission pursuant to the | ||||||
25 | Public Utilities Act and the prepaid calling service provider |
| |||||||
| |||||||
1 | or prepaid calling service reseller shows proof of the prepaid | ||||||
2 | calling service provider's Certificate of Prepaid Calling | ||||||
3 | Service Provider Authority to the prepaid calling service | ||||||
4 | retailer. | ||||||
5 | (c) On and after July 1, 2005, it is an unlawful practice | ||||||
6 | under this Act for any prepaid calling service retailer to sell | ||||||
7 | or offer to sell prepaid calling service to any consumer unless | ||||||
8 | the prepaid calling service retailer retains proof of | ||||||
9 | certification of the prepaid calling service provider by the | ||||||
10 | Illinois Commerce Commission pursuant to the Public Utilities | ||||||
11 | Act. The prepaid calling service retailer must retain proof of | ||||||
12 | certification for one year or the duration of the contract with | ||||||
13 | the reseller, whichever is longer. A prepaid calling service | ||||||
14 | retailer with multiple locations selling prepaid calling cards | ||||||
15 | under contract with a prepaid calling service provider may keep | ||||||
16 | the certification at a central location provided, however, that | ||||||
17 | the prepaid calling service retailer make a copy of the | ||||||
18 | certification available upon reasonable request within 48 | ||||||
19 | hours. | ||||||
20 | (d) On and after July 1, 2005, no prepaid calling service | ||||||
21 | provider or prepaid calling service reseller shall sell or | ||||||
22 | offer to sell prepaid calling service, as those terms are | ||||||
23 | defined in Article XIII of the Public Utilities Act, to any | ||||||
24 | Illinois consumer, either directly or through a prepaid calling | ||||||
25 | service retailer, unless the following disclosures are made | ||||||
26 | clearly and conspicuously: |
| |||||||
| |||||||
1 | (1) At a minimum, the following terms and conditions | ||||||
2 | shall be disclosed clearly and conspicuously on the prepaid | ||||||
3 | calling card, if applicable: | ||||||
4 | (A) the full name of the Prepaid Calling Service | ||||||
5 | Provider as certificated by the Illinois Commerce | ||||||
6 | Commission; | ||||||
7 | (B) the toll-free customer service number; | ||||||
8 | (C) an access number that is toll-free or a number | ||||||
9 | local to the prepaid calling retailer; and | ||||||
10 | (D) the refund policy or a statement that the | ||||||
11 | refund policy is located on the packaging materials. | ||||||
12 | (2) At a minimum, all the material terms and conditions | ||||||
13 | pertaining to the specific prepaid calling card shall be | ||||||
14 | disclosed clearly and conspicuously on the packaging | ||||||
15 | materials accompanying the prepaid calling card including, | ||||||
16 | but not limited to, the following, if applicable: | ||||||
17 | (A) the value of the card in minutes or the | ||||||
18 | domestic rate per minute of the card; | ||||||
19 | (B) all surcharges and fees applicable to the use | ||||||
20 | of the domestic prepaid calling service; | ||||||
21 | (C) all applicable rates for international | ||||||
22 | preferred destinations; | ||||||
23 | (D) all applicable surcharges and fees for | ||||||
24 | international preferred destinations;
| ||||||
25 | (E) a disclosure statement indicating that all | ||||||
26 | rates, surcharges, and fees applicable to |
| |||||||
| |||||||
1 | international calls are available through the | ||||||
2 | toll-free customer service number and a statement | ||||||
3 | disclosing if international rates vary from domestic | ||||||
4 | rates; and
| ||||||
5 | (F) the expiration policy.
| ||||||
6 | (3) At a minimum, the following information shall be | ||||||
7 | disclosed clearly and conspicuously and accurately through | ||||||
8 | the toll-free customer service telephone number through | ||||||
9 | which the customer is able to speak with a live customer | ||||||
10 | service representative: | ||||||
11 | (A) the Illinois Commerce Commission certificate | ||||||
12 | number of the Prepaid Calling Service Provider; | ||||||
13 | (B) all applicable rates, terms, surcharges, and | ||||||
14 | fees for domestic and international calls; | ||||||
15 | (C) all information necessary to determine the | ||||||
16 | cost of a given call;
| ||||||
17 | (D) the balance of use in the consumer's account; | ||||||
18 | and | ||||||
19 | (E) the applicable expiration date or period. | ||||||
20 | The disclosures required under this subsection (d) do not | ||||||
21 | apply to the recharging of dollars or minutes to a previously | ||||||
22 | purchased card allowing prepaid calling service.
| ||||||
23 | (Source: P.A. 93-1002, eff. 1-1-05; revised 11-10-04.)
| ||||||
24 | (815 ILCS 505/2UU)
| ||||||
25 | Sec. 2UU
2QQ . Internet service; cancellation.
|
| |||||||
| |||||||
1 | (a) As used in this Section: | ||||||
2 | "Internet service provider" means a person who provides a | ||||||
3 | service that combines computer processing, information | ||||||
4 | storage, protocol conversion, and routing with transmission to | ||||||
5 | enable a consumer to access Internet content and services. | ||||||
6 | (b) This Section applies only to agreements under which an | ||||||
7 | Internet service provider provides service to consumers, for | ||||||
8 | home and personal use, for a one-year term that is | ||||||
9 | automatically renewed for another one-year term unless a | ||||||
10 | consumer cancels the service. | ||||||
11 | (c) An Internet service provider must give a consumer who | ||||||
12 | is an Illinois resident the following: (1) a secure method at | ||||||
13 | the Internet service provider's web site that the consumer may | ||||||
14 | use to cancel the service, which method shall not require the | ||||||
15 | consumer to make a telephone call or send U.S. Postal Service | ||||||
16 | mail to effectuate the cancellation; and (2) instructions that | ||||||
17 | the consumer may follow to cancel the service at the Internet | ||||||
18 | service provider's web site. | ||||||
19 | (d) A person who violates this Section commits an unlawful | ||||||
20 | practice within the meaning of this Act.
| ||||||
21 | (Source: P.A. 93-1016, eff. 1-1-05; revised 11-10-04.)
| ||||||
22 | (815 ILCS 505/2VV) | ||||||
23 | Sec. 2VV. Credit and public utility service; identity | ||||||
24 | theft. It is an unlawful practice for a person to deny credit | ||||||
25 | or public utility service to or reduce the credit limit of a |
| |||||||
| |||||||
1 | consumer solely because the consumer has been a victim of | ||||||
2 | identity theft as defined in Section 16G-15 of the Criminal | ||||||
3 | Code of 1961, if the consumer: | ||||||
4 | (1) has provided a copy of an identity theft report as | ||||||
5 | defined under the federal Fair Credit Reporting Act and | ||||||
6 | implementing regulations evidencing the consumer's claim | ||||||
7 | of identity theft;
| ||||||
8 | (2) has provided a properly completed copy of a | ||||||
9 | standardized affidavit of identity theft developed and | ||||||
10 | made available by the Federal Trade Commission pursuant to | ||||||
11 | 15 U.S.C. 1681g or an affidavit of fact that is acceptable | ||||||
12 | to the person for that purpose; | ||||||
13 | (3) has obtained placement of an extended fraud alert | ||||||
14 | in his or her file maintained by a nationwide consumer | ||||||
15 | reporting agency, in accordance with the requirements of | ||||||
16 | the federal Fair Credit Reporting Act; and | ||||||
17 | (4) is able to establish his or her identity and | ||||||
18 | address to the satisfaction of the person providing credit | ||||||
19 | or utility services.
| ||||||
20 | (Source: P.A. 94-37, eff. 6-16-05.) | ||||||
21 | (815 ILCS 505/2WW) | ||||||
22 | Sec. 2WW
2VV . Wireless telephone service provider; third | ||||||
23 | party billings. A wireless telephone service provider shall | ||||||
24 | provide a contact telephone number and brief description of the | ||||||
25 | service for all third-party billings on the consumer's bill, to |
| |||||||
| |||||||
1 | the extent allowed by federal law, or through a customer | ||||||
2 | service representative. For purposes of this Section, | ||||||
3 | "third-party billings" means any billing done by a wireless | ||||||
4 | telephone service provider on behalf of a third party where the | ||||||
5 | wireless telephone service provider is merely the billing agent | ||||||
6 | for the third party with no ability to provide refunds, | ||||||
7 | credits, or otherwise adjust the billings.
| ||||||
8 | (Source: P.A. 94-567, eff. 1-1-06; revised 9-22-05.) | ||||||
9 | (815 ILCS 505/2XX) | ||||||
10 | Sec. 2XX. Performing groups. | ||||||
11 | (a) As used in this Section: | ||||||
12 | "Performing group" means a vocal or instrumental group | ||||||
13 | seeking to use the name of another group that has previously | ||||||
14 | released a commercial sound recording under that name.
| ||||||
15 | "Recording group" means a vocal or instrumental group at | ||||||
16 | least one of whose members has previously released a
commercial | ||||||
17 | sound recording under that group's name and in which the member | ||||||
18 | or members have a legal right by virtue of use or
operation | ||||||
19 | under the group name without having abandoned the name or | ||||||
20 | affiliation with the group. | ||||||
21 | "Sound recording" means a work that results from the | ||||||
22 | fixation on a material object of a series of musical, spoken, | ||||||
23 | or
other sounds regardless of the nature of the material | ||||||
24 | object, such as a disc, tape, or other phono-record, in which | ||||||
25 | the sounds are embodied.
|
| |||||||
| |||||||
1 | (b) It is an unlawful practice for a person to advertise or | ||||||
2 | conduct a live musical performance or production in this State | ||||||
3 | through the use of a false, deceptive, or misleading | ||||||
4 | affiliation, connection, or association between the performing | ||||||
5 | group and the recording group. This Section does not apply if:
| ||||||
6 | (1) the performing group is the authorized registrant | ||||||
7 | and
owner of a Federal service mark for that group | ||||||
8 | registered in the United States Patent and Trademark | ||||||
9 | Office; | ||||||
10 | (2) at least one member of the performing group was a | ||||||
11 | member of the recording group and has a legal right by | ||||||
12 | virtue of use or
operation under the group name without | ||||||
13 | having abandoned the name or affiliation with the group;
| ||||||
14 | (3) the live musical performance or production is | ||||||
15 | identified in all advertising and promotion as a salute or | ||||||
16 | tribute; | ||||||
17 | (4) the advertising does not relate to a live musical | ||||||
18 | performance or production taking place in this State; or | ||||||
19 | (5) the performance or production is expressly | ||||||
20 | authorized by the recording group.
| ||||||
21 | (Source: P.A. 94-854, eff. 1-1-07.)
| ||||||
22 | (815 ILCS 505/2YY)
| ||||||
23 | Sec. 2YY
2XX . Work-at-home solicitations. No person shall | ||||||
24 | advertise, represent or imply that any person can earn money | ||||||
25 | working at home by stuffing envelopes, addressing envelopes, |
| |||||||
| |||||||
1 | mailing circulars, clipping newspaper and magazine articles, | ||||||
2 | assembling products, bill processing, or performing similar | ||||||
3 | work, unless the person making the advertisement or | ||||||
4 | representation: | ||||||
5 | (1) actually pays the advertised wage, salary, set fee, | ||||||
6 | or commission to others for performing the represented | ||||||
7 | tasks; | ||||||
8 | (2) at no time requires the person who will perform the | ||||||
9 | represented tasks to purchase instructional booklets, | ||||||
10 | brochures, kits, programs, materials, mailing lists, | ||||||
11 | directories, memberships in cooperative associations, or | ||||||
12 | other similar items or services; | ||||||
13 | (3) discloses the legal name under which business is | ||||||
14 | conducted and the complete street address from which | ||||||
15 | business is actually conducted in all advertising and | ||||||
16 | promotional materials, including order blanks and forms; | ||||||
17 | and | ||||||
18 | (4) discloses in writing to the person who will perform | ||||||
19 | the represented tasks an exact description of the work to | ||||||
20 | be performed, the amount of any wage, salary, set fee, or | ||||||
21 | commission to be paid for the performance of the | ||||||
22 | represented tasks, and all terms and conditions for earning | ||||||
23 | such wage, salary, set fee, or commission. | ||||||
24 | No person shall require an individual to solicit or induce | ||||||
25 | other individuals to participate in a work-at-home program.
| ||||||
26 | A person who violates this Section commits an unlawful |
| |||||||
| |||||||
1 | practice within the meaning of this Act.
| ||||||
2 | (Source: P.A. 94-999, eff. 7-3-06; revised 9-1-06.) | ||||||
3 | Section 1270. The Prevailing Wage Act is amended by | ||||||
4 | changing Section 4 as follows:
| ||||||
5 | (820 ILCS 130/4) (from Ch. 48, par. 39s-4)
| ||||||
6 | Sec. 4. (a) The public body awarding any contract for | ||||||
7 | public work or
otherwise undertaking any public works, shall | ||||||
8 | ascertain the general
prevailing rate of hourly wages in the | ||||||
9 | locality in which the work is to
be performed, for each craft | ||||||
10 | or type of worker or mechanic needed to
execute the contract, | ||||||
11 | and where the public body performs the work
without letting a | ||||||
12 | contract therefor, shall ascertain the prevailing rate
of wages | ||||||
13 | on a per hour basis in the locality, and such public body shall
| ||||||
14 | specify in the resolution or ordinance and in the call for bids | ||||||
15 | for the
contract, that the general prevailing rate of wages in | ||||||
16 | the locality for
each craft or type of worker or mechanic | ||||||
17 | needed to execute the contract
or perform such work, also the | ||||||
18 | general prevailing rate for legal holiday
and overtime work, as | ||||||
19 | ascertained by the public body or by the
Department of Labor | ||||||
20 | shall be paid for each craft or type of worker
needed to | ||||||
21 | execute the contract or to perform such work, and it shall be
| ||||||
22 | mandatory upon the contractor to whom the contract is awarded | ||||||
23 | and upon
any subcontractor under him, and where the public body | ||||||
24 | performs the
work, upon the public body, to pay not less than |
| |||||||
| |||||||
1 | the specified rates to
all laborers, workers and mechanics | ||||||
2 | employed by them in the execution of
the contract or such work; | ||||||
3 | provided, however, that if the public body
desires that the | ||||||
4 | Department of Labor ascertain the prevailing rate of
wages, it | ||||||
5 | shall notify the Department of Labor to ascertain the general
| ||||||
6 | prevailing rate of hourly wages for work under contract, or for | ||||||
7 | work
performed by a public body without letting a contract as | ||||||
8 | required in the
locality in which the work is to be performed, | ||||||
9 | for each craft or type of
worker or mechanic needed to execute | ||||||
10 | the contract or project or work to
be performed. Upon such | ||||||
11 | notification the Department of Labor shall
ascertain such | ||||||
12 | general prevailing rate of wages, and certify the
prevailing | ||||||
13 | wage to such public body. The public body awarding the
contract | ||||||
14 | shall cause to be inserted in the project specifications and | ||||||
15 | the
contract a stipulation to the
effect that not less than the | ||||||
16 | prevailing rate of wages as found by the
public body or | ||||||
17 | Department of Labor or determined by the court on review
shall | ||||||
18 | be paid to all laborers, workers and mechanics performing work
| ||||||
19 | under the contract.
| ||||||
20 | (b) It shall also be mandatory upon the contractor to whom | ||||||
21 | the contract is
awarded
to insert into each subcontract and | ||||||
22 | into the project specifications for each
subcontract a written | ||||||
23 | stipulation to the effect that not less than the
prevailing
| ||||||
24 | rate of wages shall be paid to all laborers, workers, and | ||||||
25 | mechanics performing
work under the contract. It shall also be | ||||||
26 | mandatory upon each subcontractor to
cause to be inserted into |
| |||||||
| |||||||
1 | each lower tiered subcontract
and into the project | ||||||
2 | specifications for each lower tiered subcontract a
stipulation | ||||||
3 | to the effect that not less
than the prevailing rate of wages | ||||||
4 | shall be paid to all laborers, workers, and
mechanics | ||||||
5 | performing work under the contract. A contractor or | ||||||
6 | subcontractor who
fails to comply with this subsection (b) is | ||||||
7 | in violation of this Act.
| ||||||
8 | (c) It shall also require in all such contractor's bonds
| ||||||
9 | that the contractor include such provision as will guarantee | ||||||
10 | the
faithful performance of such prevailing wage clause as | ||||||
11 | provided by
contract. All bid specifications shall list the | ||||||
12 | specified rates to all
laborers, workers and mechanics in the | ||||||
13 | locality for each craft or type of
worker or mechanic needed to | ||||||
14 | execute the contract.
| ||||||
15 | (d) If the Department of Labor
revises the prevailing rate | ||||||
16 | of hourly wages to be paid by the public body, the
revised rate | ||||||
17 | shall apply to such contract, and the public body shall be
| ||||||
18 | responsible to notify the contractor and each subcontractor, of | ||||||
19 | the revised
rate.
| ||||||
20 | (e) Two or more investigatory hearings under this Section | ||||||
21 | on the issue
of establishing a new prevailing wage | ||||||
22 | classification for a particular craft
or type of worker shall | ||||||
23 | be consolidated in a single hearing before the
Department. Such | ||||||
24 | consolidation shall occur whether each separate investigatory
| ||||||
25 | hearing is conducted by a public body or the Department. The | ||||||
26 | party requesting
a consolidated investigatory hearing shall |
| |||||||
| |||||||
1 | have the burden of establishing that
there is no existing | ||||||
2 | prevailing wage classification for the particular craft or
type | ||||||
3 | of worker in any of the localities under consideration.
| ||||||
4 | (f) It shall be mandatory upon the contractor or | ||||||
5 | construction manager
to whom a contract for public works is | ||||||
6 | awarded to post, at a
location on the project site of the | ||||||
7 | public works that is
easily accessible to the workers engaged | ||||||
8 | on the project,
the prevailing wage rates for each craft or | ||||||
9 | type of worker
or mechanic needed to execute the contract or | ||||||
10 | project or
work to be performed. A failure to post a prevailing | ||||||
11 | wage
rate as required by this Section is a violation of this | ||||||
12 | Act.
| ||||||
13 | (Source: P.A. 92-783, eff. 8-6-02; 93-15, eff. 6-11-03; 93-16, | ||||||
14 | eff.
1-1-04; 93-38, eff. 6-1-04; revised 10-29-04.)
| ||||||
15 | Section 1275. The Workers' Compensation Act is amended by | ||||||
16 | changing Section 4d as follows:
| ||||||
17 | (820 ILCS 305/4d)
| ||||||
18 | Sec. 4d. Illinois Workers' Compensation Commission | ||||||
19 | Operations Fund Fee.
| ||||||
20 | (a) As of the effective date of this amendatory Act of the | ||||||
21 | 93rd
General
Assembly, each employer that self-insures its | ||||||
22 | liabilities arising under this
Act
or Workers' Occupational | ||||||
23 | Diseases Act shall pay a fee measured by the annual
actual | ||||||
24 | wages paid in this State of such an employer in the manner |
| |||||||
| |||||||
1 | provided in
this Section. Such proceeds shall be deposited in | ||||||
2 | the Illinois Workers' Compensation Commission
Operations Fund. | ||||||
3 | If an employer survives or was formed by a merger,
| ||||||
4 | consolidation, reorganization, or reincorporation, the actual | ||||||
5 | wages paid in
this
State of all employers party to the merger, | ||||||
6 | consolidation, reorganization, or
reincorporation shall, for | ||||||
7 | purposes of determining the amount of the fee
imposed
by this | ||||||
8 | Section, be regarded as those of the surviving or new employer.
| ||||||
9 | (b) Beginning on July 30, 2004 ( the effective date of | ||||||
10 | Public Act 93-840)
this amendatory Act of 2004 and on July 1 of | ||||||
11 | each year thereafter, the Chairman shall charge and
collect an | ||||||
12 | annual Illinois Workers' Compensation Commission Operations | ||||||
13 | Fund Fee from every employer
subject to subsection (a) of this | ||||||
14 | Section equal to 0.0075% of its annual actual
wages paid in | ||||||
15 | this State as reported in each employer's annual self-insurance
| ||||||
16 | renewal filed for the previous year as required by Section 4 of | ||||||
17 | this Act and
Section 4 of the Workers' Occupational Diseases | ||||||
18 | Act. All sums collected by the
Commission under the provisions | ||||||
19 | of this Section shall be paid promptly after
the
receipt of the | ||||||
20 | same, accompanied by a detailed statement thereof, into the
| ||||||
21 | Illinois Workers' Compensation Commission Operations Fund. The | ||||||
22 | fee due pursuant to Public Act 93-840
this amendatory Act of | ||||||
23 | 2004 shall be collected instead of the fee due on July 1, 2004 | ||||||
24 | under Public Act 93-32. Payment of the fee due under Public Act | ||||||
25 | 93-840
this amendatory Act of 2004 shall discharge the | ||||||
26 | employer's obligations due on July 1, 2004.
|
| |||||||
| |||||||
1 | (c) In addition to the authority specifically granted under | ||||||
2 | Section 16, the
Chairman shall have such authority to adopt | ||||||
3 | rules or establish forms as may be
reasonably necessary for | ||||||
4 | purposes of enforcing this Section. The Commission
shall have | ||||||
5 | authority to defer, waive, or abate the fee or any penalties | ||||||
6 | imposed
by this Section if in the Commission's opinion the | ||||||
7 | employer's solvency and
ability to meet its obligations to pay | ||||||
8 | workers' compensation benefits would be
immediately threatened | ||||||
9 | by payment of the fee due.
| ||||||
10 | (d) When an employer fails to pay the full amount of any | ||||||
11 | annual Illinois Workers' Compensation
Commission Operations | ||||||
12 | Fund Fee of $100 or more due under this Section, there
shall be | ||||||
13 | added to the amount due as a penalty the greater of $1,000 or | ||||||
14 | an
amount
equal to 5% of the deficiency for each month or part | ||||||
15 | of a month that the
deficiency remains unpaid.
| ||||||
16 | (e) The Commission may enforce the collection of any | ||||||
17 | delinquent payment,
penalty
or portion thereof by legal action | ||||||
18 | or in any other manner by which the
collection of debts due the | ||||||
19 | State of Illinois may be enforced under the laws of
this State.
| ||||||
20 | (f) Whenever it appears to the satisfaction of the Chairman | ||||||
21 | that an employer
has
paid pursuant to this Act an Illinois | ||||||
22 | Workers' Compensation Commission Operations Fund Fee
in an | ||||||
23 | amount in excess of the amount legally collectable from the | ||||||
24 | employer, the
Chairman shall issue a credit memorandum for an | ||||||
25 | amount equal to the amount of
such overpayment. A credit | ||||||
26 | memorandum may be applied for the 2-year period from
the date |
| |||||||
| |||||||
1 | of issuance against the payment of any amount due during that | ||||||
2 | period
under the fee imposed by this Section or, subject to | ||||||
3 | reasonable rule of the
Commission including requirement of | ||||||
4 | notification, may be assigned to any other
employer subject to | ||||||
5 | regulation under this Act. Any application of credit
memoranda | ||||||
6 | after the period provided for in this Section is void.
| ||||||
7 | (Source: P.A. 93-32, eff. 6-20-03; 93-721, eff. 1-1-05; 93-840, | ||||||
8 | eff. 7-30-04; revised 10-25-04.)
| ||||||
9 | Section 1280. The Workers' Occupational Diseases Act is | ||||||
10 | amended by changing Section 1 as follows:
| ||||||
11 | (820 ILCS 310/1) (from Ch. 48, par. 172.36)
| ||||||
12 | Sec. 1. This Act shall be known and may be cited as the | ||||||
13 | "Workers'
Occupational Diseases Act".
| ||||||
14 | (a) The term "employer" as used in this Act shall be | ||||||
15 | construed to
be:
| ||||||
16 | 1. The State and each county, city, town, township, | ||||||
17 | incorporated
village, school district, body politic, or | ||||||
18 | municipal corporation
therein.
| ||||||
19 | 2. Every person, firm, public or private corporation, | ||||||
20 | including
hospitals, public service, eleemosynary, | ||||||
21 | religious or charitable
corporations or associations, who | ||||||
22 | has any person in service or under any
contract for hire, | ||||||
23 | express or implied, oral or written.
| ||||||
24 | 3. Where an employer operating under and subject to the |
| |||||||
| |||||||
1 | provisions
of this Act loans an employee to another such | ||||||
2 | employer and such loaned
employee sustains a compensable | ||||||
3 | occupational disease in the employment
of such borrowing | ||||||
4 | employer and where such borrowing employer does not
provide | ||||||
5 | or pay the benefits or payments due such employee, such | ||||||
6 | loaning
employer shall be liable to provide or pay all | ||||||
7 | benefits or payments due
such employee under this Act and | ||||||
8 | as to such employee the liability of
such loaning and | ||||||
9 | borrowing employers shall be joint and several,
provided | ||||||
10 | that such loaning employer shall in the absence of | ||||||
11 | agreement to
the contrary be entitled to receive from such | ||||||
12 | borrowing employer full
reimbursement for all sums paid or | ||||||
13 | incurred pursuant to this paragraph
together with | ||||||
14 | reasonable attorneys' fees and expenses in any hearings
| ||||||
15 | before the Illinois Workers' Compensation Commission or in | ||||||
16 | any action to secure such
reimbursement. Where any benefit | ||||||
17 | is provided or paid by such loaning
employer, the employee | ||||||
18 | shall have the duty of rendering reasonable
co-operation in | ||||||
19 | any hearings, trials or proceedings in the case,
including | ||||||
20 | such proceedings for reimbursement.
| ||||||
21 | Where an employee files an Application for Adjustment | ||||||
22 | of Claim with
the Illinois Workers' Compensation | ||||||
23 | Commission alleging that his or her claim is covered by
the | ||||||
24 | provisions of the preceding paragraph, and joining both the | ||||||
25 | alleged
loaning and borrowing employers, they and each of | ||||||
26 | them, upon written
demand by the employee and within 7 days |
| |||||||
| |||||||
1 | after receipt of such demand,
shall have the duty of filing | ||||||
2 | with the Illinois Workers' Compensation Commission a | ||||||
3 | written
admission or denial of the allegation that the | ||||||
4 | claim is covered by the
provisions of the preceding | ||||||
5 | paragraph and in default of such filing or
if any such | ||||||
6 | denial be ultimately determined not to have been bona fide
| ||||||
7 | then the provisions of Paragraph K of Section 19 of this | ||||||
8 | Act shall
apply.
| ||||||
9 | An employer whose business or enterprise or a | ||||||
10 | substantial part
thereof consists of hiring, procuring or | ||||||
11 | furnishing employees to or for
other employers operating | ||||||
12 | under and subject to the provisions of this
Act for the | ||||||
13 | performance of the work of such other employers and who | ||||||
14 | pays
such employees their salary or wage notwithstanding | ||||||
15 | that they are doing
the work of such other employers shall | ||||||
16 | be deemed a loaning employer
within the meaning and | ||||||
17 | provisions of this Section.
| ||||||
18 | (b) The term "employee" as used in this Act, shall be | ||||||
19 | construed to
mean:
| ||||||
20 | 1. Every person in the service of the State, county, | ||||||
21 | city, town,
township, incorporated village or school | ||||||
22 | district, body politic or
municipal corporation therein, | ||||||
23 | whether by election, appointment or
contract of hire, | ||||||
24 | express or implied, oral or written, including any
official | ||||||
25 | of the State, or of any county, city, town, township,
| ||||||
26 | incorporated village, school district, body politic or |
| |||||||
| |||||||
1 | municipal
corporation therein and except any duly | ||||||
2 | appointed member of the fire
department in any city whose | ||||||
3 | population exceeds 500,000 according to the
last Federal or | ||||||
4 | State census, and except any member of a fire insurance
| ||||||
5 | patrol maintained by a board of underwriters in this State. | ||||||
6 | One employed
by a contractor who has contracted with the | ||||||
7 | State, or a county, city,
town, township, incorporated | ||||||
8 | village, school district, body politic or
municipal | ||||||
9 | corporation therein, through its representatives, shall | ||||||
10 | not be
considered as an employee of the State, county, | ||||||
11 | city, town, township,
incorporated village, school | ||||||
12 | district, body politic or municipal
corporation which made | ||||||
13 | the contract.
| ||||||
14 | 2. Every person in the service of another under any | ||||||
15 | contract of
hire, express or implied, oral or written, who | ||||||
16 | contracts an occupational
disease while working in the | ||||||
17 | State of Illinois, or who contracts an
occupational disease | ||||||
18 | while working outside of the State of Illinois but
where | ||||||
19 | the contract of hire is made within the State of Illinois, | ||||||
20 | and any
person whose employment is principally localized | ||||||
21 | within the State of
Illinois, regardless of the place where | ||||||
22 | the disease was contracted or
place where the contract of | ||||||
23 | hire was made, including aliens, and minors
who, for the | ||||||
24 | purpose of this Act, except Section 3 hereof, shall be
| ||||||
25 | considered the same and have the same power to contract, | ||||||
26 | receive
payments and give quittances therefor, as adult |
| |||||||
| |||||||
1 | employees. An employee
or his or her dependents under this | ||||||
2 | Act who shall have a cause of action
by reason of an | ||||||
3 | occupational disease, disablement or death arising out
of | ||||||
4 | and in the course of his or her employment may elect or | ||||||
5 | pursue
his or her remedy in the State where the disease was | ||||||
6 | contracted, or in the
State where the contract of hire is | ||||||
7 | made, or in the State where the
employment is principally | ||||||
8 | localized.
| ||||||
9 | (c) "Commission" means the Illinois Workers' Compensation | ||||||
10 | Commission created by the
Workers' Compensation Act, approved | ||||||
11 | July 9, 1951, as amended.
| ||||||
12 | (d) In this Act the term "Occupational Disease" means a | ||||||
13 | disease
arising out of and in the course of the employment or | ||||||
14 | which has become
aggravated and rendered disabling as a result | ||||||
15 | of the exposure of the
employment. Such aggravation shall arise | ||||||
16 | out of a risk peculiar to or
increased by the employment and | ||||||
17 | not common to the general public.
| ||||||
18 | A disease shall be deemed to arise out of the employment if | ||||||
19 | there is
apparent to the rational mind, upon consideration of | ||||||
20 | all the
circumstances, a causal connection between the | ||||||
21 | conditions under which
the work is performed and the | ||||||
22 | occupational disease. The disease need not
to have been | ||||||
23 | foreseen or expected but after its contraction it must
appear | ||||||
24 | to have had its origin or aggravation in a risk connected with
| ||||||
25 | the employment and to have flowed from that source as a | ||||||
26 | rational
consequence.
|
| |||||||
| |||||||
1 | An employee shall be conclusively deemed to have been | ||||||
2 | exposed to the
hazards of an occupational disease when, for any | ||||||
3 | length of time however
short, he or she is employed in an | ||||||
4 | occupation or process in which the
hazard of the disease | ||||||
5 | exists; provided however, that in a claim of
exposure to atomic | ||||||
6 | radiation, the fact of such exposure must be verified
by the | ||||||
7 | records of the central registry of radiation exposure | ||||||
8 | maintained
by the Department of Public Health or by some other | ||||||
9 | recognized
governmental agency maintaining records of such | ||||||
10 | exposures whenever and
to the extent that the records are on | ||||||
11 | file with the Department of Public
Health or the agency. | ||||||
12 | Any injury to or disease or death of an employee arising | ||||||
13 | from the administration of a vaccine, including without | ||||||
14 | limitation smallpox vaccine, to prepare for, or as a response | ||||||
15 | to, a threatened or potential bioterrorist incident to the | ||||||
16 | employee as part of a voluntary inoculation program in | ||||||
17 | connection with the person's employment or in connection with | ||||||
18 | any governmental program or recommendation for the inoculation | ||||||
19 | of workers in the employee's occupation, geographical area, or | ||||||
20 | other category that includes the employee is deemed to arise | ||||||
21 | out of and in the course of the employment for all purposes | ||||||
22 | under this Act. This paragraph added by Public Act 93-829
this | ||||||
23 | amendatory Act of the 93rd General Assembly is declarative of | ||||||
24 | existing law and is not a new enactment.
| ||||||
25 | The employer liable for the compensation in this Act | ||||||
26 | provided shall
be the employer in whose employment the employee |
| |||||||
| |||||||
1 | was last exposed to the
hazard of the occupational disease | ||||||
2 | claimed upon regardless of the length
of time of such last | ||||||
3 | exposure, except, in cases of silicosis or
asbestosis, the only | ||||||
4 | employer liable shall be the last employer in whose
employment | ||||||
5 | the employee was last exposed during a period of 60 days or
| ||||||
6 | more after the effective date of this Act, to the hazard of | ||||||
7 | such
occupational disease, and, in such cases, an exposure | ||||||
8 | during a period of
less than 60 days, after the effective date | ||||||
9 | of this Act, shall not be
deemed a last exposure. If a miner | ||||||
10 | who is suffering or suffered from
pneumoconiosis was employed | ||||||
11 | for 10 years or more in one or more coal
mines there shall, | ||||||
12 | effective July 1, 1973 be a rebuttable presumption
that his or | ||||||
13 | her pneumoconiosis arose out of such employment.
| ||||||
14 | If a deceased miner was employed for 10 years or more in | ||||||
15 | one or more
coal mines and died from a respirable disease there | ||||||
16 | shall, effective
July 1, 1973, be a rebuttable presumption that | ||||||
17 | his or her death was due
to pneumoconiosis.
| ||||||
18 | The insurance carrier liable shall be the carrier whose | ||||||
19 | policy was in
effect covering the employer liable on the last | ||||||
20 | day of the exposure
rendering such employer liable in | ||||||
21 | accordance with the provisions of this
Act.
| ||||||
22 | (e) "Disablement" means an impairment or partial | ||||||
23 | impairment,
temporary or permanent, in the function of the body | ||||||
24 | or any of the
members of the body, or the event of becoming | ||||||
25 | disabled from earning full
wages at the work in which the | ||||||
26 | employee was engaged when last exposed to
the hazards of the |
| |||||||
| |||||||
1 | occupational disease by the employer from whom he or
she claims | ||||||
2 | compensation, or equal wages in other suitable employment;
and | ||||||
3 | "disability" means the state of being so incapacitated.
| ||||||
4 | (f) No compensation shall be payable for or on account of | ||||||
5 | any
occupational disease unless disablement, as herein | ||||||
6 | defined, occurs
within two years after the last day of the last | ||||||
7 | exposure to the hazards
of the disease, except in cases of | ||||||
8 | occupational disease caused by
berylliosis or by the inhalation | ||||||
9 | of silica dust or asbestos dust and, in
such cases, within 3 | ||||||
10 | years after the last day of the last exposure to
the hazards of | ||||||
11 | such disease and except in the case of occupational
disease | ||||||
12 | caused by exposure to radiological materials or equipment, and
| ||||||
13 | in such case, within 25 years after the last day of last | ||||||
14 | exposure to the
hazards of such disease.
| ||||||
15 | (Source: P.A. 93-721, eff. 1-1-05; 93-829, eff. 7-28-04; | ||||||
16 | revised 10-25-04.)
| ||||||
17 | Section 1285. The Unemployment Insurance Act is amended by | ||||||
18 | changing Section 1300 as follows:
| ||||||
19 | (820 ILCS 405/1300) (from Ch. 48, par. 540)
| ||||||
20 | Sec. 1300. Waiver or transfer of benefit rights - Partial | ||||||
21 | exemption.
| ||||||
22 | (A) Except as otherwise provided herein any agreement by an | ||||||
23 | individual
to waive, release or commute his rights under this | ||||||
24 | Act shall be void.
|
| |||||||
| |||||||
1 | (B) Benefits due under this Act shall not be assigned, | ||||||
2 | pledged, encumbered,
released or commuted and shall be exempt | ||||||
3 | from all claims of creditors and
from levy, execution and | ||||||
4 | attachment or other remedy for recovery or
collection of a | ||||||
5 | debt. However, nothing in this Section shall prohibit a
| ||||||
6 | specified or agreed upon deduction from benefits by an | ||||||
7 | individual, or a
court or administrative order for withholding | ||||||
8 | of income, for payment of
past due child support from being | ||||||
9 | enforced and collected by the Department
of Healthcare and | ||||||
10 | Family Services
Public Aid on behalf of persons receiving a | ||||||
11 | grant of financial aid under
Article IV of the Illinois Public | ||||||
12 | Aid Code, persons for whom an application
has been made and | ||||||
13 | approved for child support enforcement services under
Section | ||||||
14 | 10-1 of such
Code, or persons similarly situated and receiving | ||||||
15 | like services
in other states. It is provided that:
| ||||||
16 | (1) The aforementioned deduction of benefits and order | ||||||
17 | for withholding
of income apply only if appropriate | ||||||
18 | arrangements have been made for
reimbursement to the | ||||||
19 | Director by the Department of Healthcare and Family | ||||||
20 | Services
Public Aid for any
administrative costs incurred | ||||||
21 | by the Director under this Section.
| ||||||
22 | (2) The Director shall deduct and withhold from | ||||||
23 | benefits payable under
this Act, or under any arrangement | ||||||
24 | for the payment of benefits entered into
by the Director | ||||||
25 | pursuant to the powers granted under Section 2700 of this
| ||||||
26 | Act, the amount specified or agreed upon. In the case of a |
| |||||||
| |||||||
1 | court
or administrative order for withholding of income, | ||||||
2 | the Director shall
withhold the amount of the order.
| ||||||
3 | (3) Any amount deducted and withheld by the Director | ||||||
4 | shall be paid to
the Department of Healthcare and Family | ||||||
5 | Services
Public Aid or the State Disbursement Unit | ||||||
6 | established
under Section 10-26 of the Illinois Public Aid | ||||||
7 | Code, as directed by the
Department of Healthcare and | ||||||
8 | Family Services
Public Aid , on behalf of the individual.
| ||||||
9 | (4) Any amount deducted and withheld under subsection | ||||||
10 | (3) shall for all
purposes be treated as if it were paid to | ||||||
11 | the individual as benefits and
paid by such individual to | ||||||
12 | the Department of Healthcare and Family Services
Public Aid
| ||||||
13 | or the State
Disbursement Unit in satisfaction of the | ||||||
14 | individual's child support
obligations.
| ||||||
15 | (5) For the purpose of this Section, child support is | ||||||
16 | defined
as those obligations which are being enforced | ||||||
17 | pursuant to a plan described
in Title IV, Part D, Section | ||||||
18 | 454 of the Social Security Act and approved
by the | ||||||
19 | Secretary of Health and Human Services.
| ||||||
20 | (6) The deduction of benefits and order for withholding | ||||||
21 | of income for
child support shall be governed by Titles III | ||||||
22 | and IV of the Social Security
Act and all regulations duly | ||||||
23 | promulgated thereunder.
| ||||||
24 | (C) Nothing in this Section prohibits an individual from | ||||||
25 | voluntarily
electing to have federal income tax deducted and | ||||||
26 | withheld from his or her
unemployment insurance benefit |
| |||||||
| |||||||
1 | payments.
| ||||||
2 | (1) The Director shall, at the time that an individual | ||||||
3 | files his or her
claim for benefits that establishes his or | ||||||
4 | her benefit year, inform the
individual that:
| ||||||
5 | (a) unemployment insurance is subject to federal, | ||||||
6 | State, and local
income
taxes;
| ||||||
7 | (b) requirements exist pertaining to estimated tax | ||||||
8 | payments;
| ||||||
9 | (c) the individual may elect to have federal income | ||||||
10 | tax deducted and
withheld from his or her payments of | ||||||
11 | unemployment insurance in the amount
specified in the | ||||||
12 | federal Internal Revenue Code; and
| ||||||
13 | (d) the individual is permitted to change a | ||||||
14 | previously elected
withholding status.
| ||||||
15 | (2) Amounts deducted and withheld from unemployment | ||||||
16 | insurance shall remain
in the unemployment fund until | ||||||
17 | transferred to the federal taxing authority as a
payment of | ||||||
18 | income tax.
| ||||||
19 | (3) The Director shall follow all procedures specified | ||||||
20 | by the United
States Department of Labor and the federal | ||||||
21 | Internal Revenue Service pertaining
to the deducting and | ||||||
22 | withholding of income tax.
| ||||||
23 | (4) Amounts shall be deducted and withheld in | ||||||
24 | accordance with the
priorities established in rules | ||||||
25 | promulgated by the Director.
| ||||||
26 | (D) Nothing in this Section prohibits an individual from |
| |||||||
| |||||||
1 | voluntarily
electing to have State of Illinois income tax | ||||||
2 | deducted and withheld from his or
her unemployment insurance | ||||||
3 | benefit payments.
| ||||||
4 | (1) The Director
shall, at the time that an individual | ||||||
5 | files his or her claim for benefits that
establishes his or | ||||||
6 | her benefit year, in addition to providing the notice
| ||||||
7 | required under subsection C, inform the individual that:
| ||||||
8 | (a) the individual may elect to have State of | ||||||
9 | Illinois income tax
deducted and withheld from his or | ||||||
10 | her payments of unemployment insurance; and
| ||||||
11 | (b) the individual is permitted to change a | ||||||
12 | previously elected
withholding status.
| ||||||
13 | (2) Amounts deducted and withheld from unemployment | ||||||
14 | insurance shall remain
in the unemployment fund until | ||||||
15 | transferred to the Department of Revenue as a
payment of | ||||||
16 | State of Illinois income tax.
| ||||||
17 | (3) Amounts shall be deducted and withheld in | ||||||
18 | accordance with the
priorities established in rules | ||||||
19 | promulgated by the Director.
| ||||||
20 | (E) Nothing in this Section prohibits the deduction and | ||||||
21 | withholding of an
uncollected overissuance of food stamp | ||||||
22 | coupons from unemployment insurance
benefits pursuant to this | ||||||
23 | subsection (E).
| ||||||
24 | (1) At the time that an individual files a claim for | ||||||
25 | benefits that
establishes his or her benefit year, that | ||||||
26 | individual must disclose whether or
not he or she owes an |
| |||||||
| |||||||
1 | uncollected overissuance (as defined in Section 13(c)(1)
| ||||||
2 | of the federal Food Stamp Act of 1977) of food stamp | ||||||
3 | coupons. The Director
shall notify the State food stamp | ||||||
4 | agency enforcing such obligation of any
individual who | ||||||
5 | discloses that he or she owes an uncollected overissuance | ||||||
6 | of
food stamp coupons and who meets the monetary | ||||||
7 | eligibility requirements of
subsection E of
Section 500.
| ||||||
8 | (2) The Director shall deduct and withhold from any | ||||||
9 | unemployment insurance
benefits payable to an individual | ||||||
10 | who owes an uncollected overissuance of food
stamp coupons:
| ||||||
11 | (a) the amount specified by the individual to the | ||||||
12 | Director to be
deducted and withheld under this | ||||||
13 | subsection (E);
| ||||||
14 | (b) the amount (if any) determined pursuant to an | ||||||
15 | agreement submitted
to the State food stamp agency | ||||||
16 | under Section 13(c)(3)(A) of the federal Food
Stamp Act | ||||||
17 | of 1977; or
| ||||||
18 | (c) any amount otherwise required to be deducted | ||||||
19 | and withheld from
unemployment insurance benefits | ||||||
20 | pursuant to Section 13(c)(3)(B) of the federal
Food | ||||||
21 | Stamp Act of 1977.
| ||||||
22 | (3) Any amount deducted and withheld pursuant to this | ||||||
23 | subsection (E) shall
be paid by the Director to the State | ||||||
24 | food stamp agency.
| ||||||
25 | (4) Any amount deducted and withheld pursuant to this | ||||||
26 | subsection (E) shall
for all purposes be treated as if it |
| |||||||
| |||||||
1 | were paid to the individual as
unemployment insurance | ||||||
2 | benefits and paid by the individual to the State food
stamp | ||||||
3 | agency as repayment of the individual's uncollected | ||||||
4 | overissuance of food
stamp coupons.
| ||||||
5 | (5) For purposes of this subsection (E), "unemployment | ||||||
6 | insurance benefits"
means any compensation payable under | ||||||
7 | this Act including amounts payable by the
Director pursuant | ||||||
8 | to an agreement under any federal law providing for
| ||||||
9 | compensation, assistance, or allowances with respect to | ||||||
10 | unemployment.
| ||||||
11 | (6) This subsection (E) applies only if arrangements | ||||||
12 | have been made for
reimbursement by the State food stamp | ||||||
13 | agency for the administrative costs
incurred by the | ||||||
14 | Director under this subsection (E) which are attributable | ||||||
15 | to
the repayment of uncollected overissuances of food stamp | ||||||
16 | coupons to the State
food stamp agency.
| ||||||
17 | (Source: P.A. 94-237, eff. 1-1-06; revised 12-15-05.)
| ||||||
18 | Section 9995. No acceleration or delay. Where this Act | ||||||
19 | makes changes in a statute that is represented in this Act by | ||||||
20 | text that is not yet or no longer in effect (for example, a | ||||||
21 | Section represented by multiple versions), the use of that text | ||||||
22 | does not accelerate or delay the taking effect of (i) the | ||||||
23 | changes made by this Act or (ii) provisions derived from any | ||||||
24 | other Public Act. |
| |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
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1 | Section 9996. No revival or extension. This Act does not | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
2 | revive or extend any Section or Act otherwise repealed.
| ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
3 | Section 9999. Effective date. This Act takes effect upon | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
4 | becoming law.
| ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
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