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1 | AN ACT concerning government.
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2 | Be it enacted by the People of the State of Illinois,
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3 | represented in the General Assembly:
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4 | Article 1. | ||||||
5 | Section 1-1. Short Title. This Act may be cited as the | ||||||
6 | FY2010 Budget Implementation (Capital) Act. | ||||||
7 | Section 1-3. Purpose. It is the purpose of this Act to make | ||||||
8 | changes in state programs that are necessary to implement the | ||||||
9 | Governor's Fiscal Year 2010 budget recommendations concerning | ||||||
10 | capital. | ||||||
11 | Article 5. | ||||||
12 | Section 5-5. The Department of Public Health Powers and | ||||||
13 | Duties Law of the
Civil Administrative Code of Illinois is | ||||||
14 | amended by adding Section 2310-640 as follows: | ||||||
15 | (20 ILCS 2310/2310-640 new) | ||||||
16 | Sec. 2310-640. Hospital Capital Investment Program. | ||||||
17 | (a) Subject to appropriation, the Department shall | ||||||
18 | establish and administer a program to award capital grants to | ||||||
19 | Illinois hospitals licensed under the Hospital Licensing Act. |
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1 | Grants awarded under this program shall only be used to fund | ||||||
2 | capital projects to improve or renovate the hospital's facility | ||||||
3 | or to improve, replace or acquire the hospital's equipment or | ||||||
4 | technology. Such projects may include, but are not limited to, | ||||||
5 | projects to satisfy any building code, safety standard or life | ||||||
6 | safety code; projects to maintain, improve, renovate, expand or | ||||||
7 | construct buildings or structures; projects to maintain, | ||||||
8 | establish or improve health information technology; or | ||||||
9 | projects to maintain or improve patient safety, quality of care | ||||||
10 | or access to care. | ||||||
11 | The Department shall establish rules necessary to | ||||||
12 | implement the Hospital Capital Investment Program, including | ||||||
13 | application standards, requirements for the distribution and | ||||||
14 | obligation of grant funds, accounting for the use of the funds, | ||||||
15 | reporting the status of funded projects, and standards for | ||||||
16 | monitoring compliance with standards. In awarding grants under | ||||||
17 | this Section, the Department shall consider criteria that | ||||||
18 | include but are not limited to: the financial requirements of | ||||||
19 | the project and the extent to which the grant makes it possible | ||||||
20 | to implement the project; the proposed project's likely benefit | ||||||
21 | in terms of patient safety or quality of care; and the proposed | ||||||
22 | project's likely benefit in terms of maintaining or improving | ||||||
23 | access to care. | ||||||
24 | The Department shall approve a hospital's eligibility for a | ||||||
25 | hospital capital investment grant pursuant to the standards | ||||||
26 | established by this Section. The Department shall determine |
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1 | eligible project costs, including but not limited to the use of | ||||||
2 | funds for the acquisition, development, construction, | ||||||
3 | reconstruction, rehabilitation, improvement, architectural | ||||||
4 | planning, engineering, and installation of capital facilities | ||||||
5 | consisting of buildings, structures, technology and durable | ||||||
6 | equipment for hospital purposes. No portion of a hospital | ||||||
7 | capital investment grant awarded by the Department may be used | ||||||
8 | by a hospital to pay for any on-going operational costs, pay | ||||||
9 | outstanding debt, or be allocated to an endowment or other | ||||||
10 | invested fund. | ||||||
11 | Nothing in this Section shall exempt nor relieve any | ||||||
12 | hospital receiving a grant under this Section from any | ||||||
13 | requirement of the Illinois Health Facilities Planning Act. | ||||||
14 | (b) Safety Net Hospital Grants. The Department shall make | ||||||
15 | capital grants to hospitals eligible for safety net hospital | ||||||
16 | grants under this subsection. The total amount of grants to any | ||||||
17 | individual hospital shall be no less than $2,500,000 and no | ||||||
18 | more than $7,000,000. The total amount of grants to hospitals | ||||||
19 | under this subsection shall not exceed $100,000,000. Hospitals | ||||||
20 | that satisfy one of the following criteria shall be eligible to | ||||||
21 | apply for safety net hospital grants: | ||||||
22 | (1) Any general acute care hospital located in a county | ||||||
23 | of over 3,000,000 inhabitants that has a Medicaid inpatient | ||||||
24 | utilization rate for the rate year beginning on October 1, | ||||||
25 | 2008 greater than 43%, that is not affiliated with a | ||||||
26 | hospital system that owns or operates more than 3 |
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1 | hospitals, and that has more than 13,500 Medicaid inpatient | ||||||
2 | days. | ||||||
3 | (2) Any general acute care hospital that is located in | ||||||
4 | a county of more than 3,000,000 inhabitants and has a | ||||||
5 | Medicaid inpatient utilization rate for the rate year | ||||||
6 | beginning on October 1, 2008 greater than 55% and has | ||||||
7 | authorized beds for the obstetric-gynecology category of | ||||||
8 | service as reported in the 2008 Annual Hospital Bed Report, | ||||||
9 | issued by the Illinois Department of Public Health. | ||||||
10 | (3) Any hospital that is defined in 89 Illinois | ||||||
11 | Administrative Code Section 149.50(c)(3)(A) and that has | ||||||
12 | less than 20,000 Medicaid inpatient days. | ||||||
13 | (4) Any general acute care hospital that is located in | ||||||
14 | a county of less than 3,000,000 inhabitants and has a | ||||||
15 | Medicaid inpatient utilization rate for the rate year | ||||||
16 | beginning on October 1, 2008 greater than 64%. | ||||||
17 | (5) Any general acute care hospital that is located in | ||||||
18 | a county of over 3,000,000 inhabitants and a city of less | ||||||
19 | than 1,000,000 inhabitants, that has a Medicaid inpatient | ||||||
20 | utilization rate for the rate year beginning on October 1, | ||||||
21 | 2008 greater than 22%, that has more than 12,000 Medicaid | ||||||
22 | inpatient days, and that has a case mix index greater than | ||||||
23 | 0.71. | ||||||
24 | (c) Community Hospital Grants. The Department shall make a | ||||||
25 | one-time capital grant to any public or not-for-profit | ||||||
26 | hospitals located in counties of less than 3,000,000 |
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1 | inhabitants that are not otherwise eligible for a grant under | ||||||
2 | subsection (b) of this Section and that have a Medicaid | ||||||
3 | inpatient utilization rate for the rate year beginning on | ||||||
4 | October 1, 2008 of at least 10%. The total amount of grants | ||||||
5 | under this subsection shall not exceed $50,000,000. This grant | ||||||
6 | shall be the sum of the following payments: | ||||||
7 | (1) For each acute care hospital, a base payment of: | ||||||
8 | (i) $170,000 if it is located in an urban area; or | ||||||
9 | (ii) $340,000 if it is located in a rural area. | ||||||
10 | (2) A payment equal to the product of $45 multiplied by | ||||||
11 | total Medicaid inpatient days for each hospital. | ||||||
12 | (d) Annual report. The Department of Public Health shall | ||||||
13 | prepare and submit to the Governor and the General Assembly an | ||||||
14 | annual report by January 1 of each year regarding its | ||||||
15 | administration of the Hospital Capital Investment Program, | ||||||
16 | including an overview of the program and information about the | ||||||
17 | specific purpose and amount of each grant and the status of | ||||||
18 | funded projects. The report shall include information as to | ||||||
19 | whether each project is subject to and authorized under the | ||||||
20 | Illinois Health Facilities Planning Act, if applicable. | ||||||
21 | (e) Definitions. As used in this Section, the following | ||||||
22 | terms shall be defined as follows: | ||||||
23 | "General acute care hospital" shall have the same meaning | ||||||
24 | as general acute care hospital in Section 5A-12.2 of the | ||||||
25 | Illinois Public Aid Code. | ||||||
26 | "Hospital" shall have the same meaning as defined in |
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1 | Section 3 of the Hospital Licensing Act, but in no event shall | ||||||
2 | it include a hospital owned or operated by a State agency, a | ||||||
3 | State university, or a county with a population of 3,000,000 or | ||||||
4 | more. | ||||||
5 | "Medicaid inpatient day" shall have the same meaning as | ||||||
6 | defined in Section 5A-12.2(n) of the Illinois Public Aid Code. | ||||||
7 | "Medicaid inpatient utilization rate" shall have the same | ||||||
8 | meaning as provided in Title 89, Chapter I, subchapter d, Part | ||||||
9 | 148, Section 148.120 of the Illinois Administrative Code. | ||||||
10 | "Rural" shall have the same meaning as provided in Title | ||||||
11 | 89, Chapter I, subchapter d, Part 148, Section 148.25(g)(3) of | ||||||
12 | the Illinois Administrative Code. | ||||||
13 | "Urban" shall have the same meaning as provided in Title | ||||||
14 | 89, Chapter I, subchapter d, Part 148, Section 148.25(g)(4) of | ||||||
15 | the Illinois Administrative Code. | ||||||
16 | Article 10. | ||||||
17 | Section 10-1. Short title. This Article may be cited as the | ||||||
18 | Community Health Center Construction Act , and references in | ||||||
19 | this Article to "this Act" mean this Article. | ||||||
20 | Section 10-5. Definitions. In this Act:
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21 | "Board" means the Illinois Capital Development Board. | ||||||
22 | "Community health center site" means a new physical site | ||||||
23 | where a community
health center will provide primary health |
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1 | care services either to a medically
underserved population or | ||||||
2 | area or to the uninsured population of this State.
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3 | "Community provider" means a Federally Qualified Health | ||||||
4 | Center (FQHC) or
FQHC Look-Alike (Community Health Center or | ||||||
5 | health center), designated as such
by the Secretary of the | ||||||
6 | United States Department of Health and Human Services,
that | ||||||
7 | operates at least one federally designated primary health care | ||||||
8 | delivery
site in the State of Illinois.
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9 | "Department" means the Illinois Department of Public | ||||||
10 | Health.
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11 | "Medically underserved area" means an urban or rural area | ||||||
12 | designated by the
Secretary of the United States Department of | ||||||
13 | Health and Human Services as an
area with a shortage of | ||||||
14 | personal health services.
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15 | "Medically underserved population" means (i) the | ||||||
16 | population of an urban or
rural area designated by the | ||||||
17 | Secretary of the United States Department of
Health and Human | ||||||
18 | Services as
an area with a shortage of personal health services | ||||||
19 | or (ii) a population group
designated by the Secretary as | ||||||
20 | having a shortage of those services.
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21 | "Primary health care services" means the following:
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22 | (1) Basic health services consisting of the following:
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23 | (A) Health services related to family medicine, | ||||||
24 | internal medicine,
pediatrics, obstetrics, or | ||||||
25 | gynecology that are furnished by physicians and,
if | ||||||
26 | appropriate, physician assistants, nurse |
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1 | practitioners, and nurse
midwives.
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2 | (B) Diagnostic laboratory and radiologic services.
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3 | (C) Preventive health services, including the | ||||||
4 | following:
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5 | (i) Prenatal and perinatal services.
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6 | (ii) Screenings for breast, ovarian, and | ||||||
7 | cervical cancer.
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8 | (iii) Well-child services.
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9 | (iv) Immunizations against vaccine-preventable | ||||||
10 | diseases.
| ||||||
11 | (v) Screenings for elevated blood lead levels,
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12 | communicable diseases, and cholesterol.
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13 | (vi) Pediatric eye, ear, and dental screenings | ||||||
14 | to determine
the need for vision and hearing | ||||||
15 | correction and dental care.
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16 | (vii) Voluntary family planning services.
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17 | (viii) Preventive dental services.
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18 | (D) Emergency medical services.
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19 | (E) Pharmaceutical services as appropriate for | ||||||
20 | particular health
centers.
| ||||||
21 | (2) Referrals to providers of medical services and | ||||||
22 | other health-related
services (including substance abuse | ||||||
23 | and mental health services).
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24 | (3) Patient case management services (including | ||||||
25 | counseling, referral, and
follow-up services) and other | ||||||
26 | services designed to assist health center
patients in |
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1 | establishing eligibility for and gaining access to | ||||||
2 | federal, State,
and local programs that provide or | ||||||
3 | financially support the provision of
medical, social, | ||||||
4 | educational, or other related services.
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5 | (4) Services that enable individuals to use the | ||||||
6 | services of the health
center (including outreach and | ||||||
7 | transportation services and, if a substantial
number of the | ||||||
8 | individuals in the population are of limited | ||||||
9 | English-speaking
ability, the services
of appropriate | ||||||
10 | personnel fluent in the language spoken by a predominant | ||||||
11 | number
of those individuals).
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12 | (5) Education of patients and the general population | ||||||
13 | served by the health
center regarding the availability and | ||||||
14 | proper use of health services.
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15 | (6) Additional health services consisting of services | ||||||
16 | that are appropriate
to meet the health needs of the | ||||||
17 | population served by the health center involved
and that | ||||||
18 | may include the following:
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19 | (A) Environmental health services, including the | ||||||
20 | following:
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21 | (i) Detection and alleviation of unhealthful | ||||||
22 | conditions
associated with water supply.
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23 | (ii) Sewage treatment.
| ||||||
24 | (iii) Solid waste disposal.
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25 | (iv) Detection and alleviation of rodent and | ||||||
26 | parasite
infestation.
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1 | (v) Field sanitation.
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2 | (vi) Housing.
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3 | (vii) Other environmental factors related to | ||||||
4 | health.
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5 | (B) Special occupation-related health services for | ||||||
6 | migratory and
seasonal agricultural workers, including | ||||||
7 | the following:
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8 | (i) Screening for and control of infectious | ||||||
9 | diseases,
including parasitic diseases.
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10 | (ii) Injury prevention programs, which may | ||||||
11 | include
prevention of exposure to unsafe levels of | ||||||
12 | agricultural chemicals,
including pesticides.
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13 | "Uninsured population" means persons who do not own private | ||||||
14 | health care
insurance, are not part of a group insurance plan, | ||||||
15 | and are not eligible for any
State or federal | ||||||
16 | government-sponsored health care program.
| ||||||
17 | Section 10-10. Operation of the grant program.
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18 | (a) The Board, in consultation with the Department, shall | ||||||
19 | establish the Community Health Center Construction Grant | ||||||
20 | Program and may make grants to eligible community providers | ||||||
21 | subject to appropriations out of funds reserved for capital | ||||||
22 | improvements or expenditures as provided for in this Act. The | ||||||
23 | Program shall operate in a manner so that the estimated cost of | ||||||
24 | the Program during the fiscal year will not exceed the total | ||||||
25 | appropriation for the Program. The grants shall be for the |
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1 | purpose of constructing or renovating new community health | ||||||
2 | center sites, renovating existing community health center | ||||||
3 | sites, and purchasing equipment to provide primary health care | ||||||
4 | services to medically underserved populations or areas as | ||||||
5 | defined in Section 10-5 of this Act or providing primary health | ||||||
6 | care services to the uninsured population of Illinois.
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7 | (b) A recipient of a grant to establish a new community | ||||||
8 | health center site must add each such site to the recipient's | ||||||
9 | established service area for the purpose of extending federal | ||||||
10 | FQHC or FQHC Look-Alike status to the new site in accordance | ||||||
11 | with federal regulations.
| ||||||
12 | Section 10-15. Eligibility for grant. To be eligible for a | ||||||
13 | grant under this Act,
a recipient must be a community provider | ||||||
14 | as defined in Section 10-5 of this Act.
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15 | Section 10-20. Use of grant moneys. A recipient of a grant | ||||||
16 | under this Act may
use the grant moneys to do any one or more of | ||||||
17 | the following:
| ||||||
18 | (1) Purchase equipment.
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19 | (2) Acquire a new physical location for the purpose of | ||||||
20 | delivering primary
health care services.
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21 | (3) Construct or renovate new or existing community | ||||||
22 | health center sites.
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23 | Section 10-25. Reporting. Within 60 days after the first |
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1 | year of a grant under this Act, the grant recipient must submit | ||||||
2 | a progress report to the Department. The Department may assist | ||||||
3 | each grant recipient in meeting the goals and objectives stated | ||||||
4 | in the original grant proposal submitted by the recipient, that | ||||||
5 | grant moneys are being used for appropriate purposes, and that | ||||||
6 | residents of the community are being served by the new | ||||||
7 | community health center sites established with grant moneys.
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8 | Article 15. | ||||||
9 | Section 15-1. Short title. This Article may be cited as the | ||||||
10 | Public Library Construction Act , and references in this Article | ||||||
11 | to "this Act" mean this Article. | ||||||
12 | Section 15-5. Definitions. As used in this Act: | ||||||
13 | "Grant index" means a figure for each public library equal | ||||||
14 | to one minus the
ratio of the public library's equalized | ||||||
15 | assessed valuation per capita to the equalized assessed | ||||||
16 | valuation per capita of the public library located at the 90th | ||||||
17 | percentile for all public libraries in the State. The grant | ||||||
18 | index shall be no less than 0.35 and no greater than
0.75 for | ||||||
19 | each public library; provided that the grant index for public | ||||||
20 | libraries whose
equalized assessed valuation per capita is at | ||||||
21 | the
99th percentile and above for all public libraries in the | ||||||
22 | State shall be 0.00. | ||||||
23 | "Public library" means the governmental unit of any free |
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1 | and public library (i) established under the Illinois Local | ||||||
2 | Library Act, the Public Library District Act of 1991, the | ||||||
3 | Illinois Library System Act, or the Village Library Act or (ii) | ||||||
4 | maintained and operated by a unit of local government. "Public | ||||||
5 | library" does not include any private library. | ||||||
6 | "Public library construction project" means the | ||||||
7 | acquisition, development,
construction, reconstruction, | ||||||
8 | rehabilitation, improvement, architectural
planning, | ||||||
9 | installation, maintenance, and upkeep of capital facilities | ||||||
10 | consisting of buildings,
structures, durable equipment, and | ||||||
11 | land for public library purposes.
| ||||||
12 | Section 15-10. Grant awards. The Secretary of State is | ||||||
13 | authorized to
make grants to public libraries for public | ||||||
14 | library construction projects with funds
appropriated for that | ||||||
15 | purpose from the Build Illinois Bond Fund. | ||||||
16 | Section 15-15. Grants. The Secretary of State is authorized
| ||||||
17 | to determine grant eligibility for public library construction | ||||||
18 | projects and shall determine the priority order for public | ||||||
19 | library construction project grants
to be made by the Secretary | ||||||
20 | of State.
When a grant eligibility has been determined for a | ||||||
21 | public library construction project, the
Secretary of State | ||||||
22 | shall notify the
public library of the dollar amount of the | ||||||
23 | public library construction
project's cost that the public | ||||||
24 | library will be required to finance with non-grant
funds in |
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1 | order to qualify to receive a public library construction | ||||||
2 | project grant under
this Act from the Secretary of State. The | ||||||
3 | Secretary of State shall thereafter determine whether a grant | ||||||
4 | shall be made. | ||||||
5 | Section 15-20. Grant application; public library | ||||||
6 | facilities plan. Public libraries
shall apply to the Secretary | ||||||
7 | of State for public library construction project
grants. Public | ||||||
8 | libraries filing grant applications shall
submit to the | ||||||
9 | Secretary of State a public library facilities plan that shall | ||||||
10 | include,
but not be limited to, an assessment of present and | ||||||
11 | future public library facility
needs as required by present and | ||||||
12 | anticipated public library programming, the
availability of | ||||||
13 | local financial resources
including current revenues, fund | ||||||
14 | balances, and unused bonding capacity, a
fiscal plan for | ||||||
15 | meeting present and anticipated debt service obligations, and a
| ||||||
16 | maintenance plan and schedule that contain necessary | ||||||
17 | assurances that new,
renovated, and existing facilities are | ||||||
18 | being or will be properly maintained.
The Secretary of State | ||||||
19 | shall review and approve public library facilities plans
prior | ||||||
20 | to determining eligibility and authorizing grants. Each public | ||||||
21 | library that is determined to be eligible shall annually update | ||||||
22 | its public library facilities plan and submit the
revised plan | ||||||
23 | to the
Secretary of State for approval. | ||||||
24 | Section 15-25. Eligibility and project standards. |
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| |||||||
1 | (a) The Secretary of State shall establish eligibility | ||||||
2 | standards for
public library construction project grants and | ||||||
3 | approve a public library's eligibility for a public library
| ||||||
4 | construction project grant pursuant to the established
| ||||||
5 | standards. These standards shall include minimum service | ||||||
6 | population requirements for construction project grants. | ||||||
7 | (b) The Secretary of State shall establish
project | ||||||
8 | standards for all public library construction project grants | ||||||
9 | provided pursuant
to this Act. These standards shall include | ||||||
10 | the determination of recognized project costs that shall be | ||||||
11 | eligible
for State financial assistance and enrichment costs | ||||||
12 | that shall not be eligible
for State financial assistance. | ||||||
13 | Section 15-30. Priority of public library construction | ||||||
14 | projects. The Secretary of State shall develop standards for | ||||||
15 | the determination of priority needs
concerning public library | ||||||
16 | construction projects based upon approved public library | ||||||
17 | facilities
plans. These standards shall call for | ||||||
18 | prioritization based on
the degree of need and project type in | ||||||
19 | the following order: | ||||||
20 | (1) Replacement or reconstruction of public library | ||||||
21 | facilities destroyed or damaged
by flood, tornado, fire, | ||||||
22 | earthquake, or other disasters, either man-made or
| ||||||
23 | produced by nature;
| ||||||
24 | (2) Projects designed to address
population growth or | ||||||
25 | to replace aging public library facilities; |
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| |||||||
1 | (3) Replacement or reconstruction of public library
| ||||||
2 | facilities determined to be severe and continuing health or | ||||||
3 | life safety
hazards;
| ||||||
4 | (4) Alterations necessary to provide accessibility for | ||||||
5 | qualified individuals
with disabilities; and
| ||||||
6 | (5) Other unique solutions to facility needs.
| ||||||
7 | Section 15-35. Public library construction project grant | ||||||
8 | amounts; permitted
use; prohibited use. | ||||||
9 | (a) The product of the public library's grant index and the
| ||||||
10 | recognized project cost, as determined by the Secretary of | ||||||
11 | State, for an
approved public library construction project | ||||||
12 | shall equal the amount of the grant the
Secretary of State | ||||||
13 | shall provide to the eligible public library. The grant
index | ||||||
14 | shall not be used in cases where the General Assembly and the | ||||||
15 | Governor
approve appropriations designated for specifically | ||||||
16 | identified public library
construction projects.
| ||||||
17 | (b) In each fiscal year in which public library | ||||||
18 | construction project grants are
awarded, of the total amount | ||||||
19 | awarded statewide, 20% shall be awarded to the Chicago Public | ||||||
20 | Library System, provided that the Chicago Public Library System | ||||||
21 | complies
with the provisions of this Act, and 80% shall be | ||||||
22 | awarded to public libraries outside of the City of Chicago.
| ||||||
23 | (c) No portion of a public library construction project | ||||||
24 | grant awarded by the
Secretary of State shall be used by a | ||||||
25 | public library for any
on-going operational costs.
|
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| |||||||
1 | Section 15-37. Carry over projects. If a public library has | ||||||
2 | been determined eligible for a public library construction | ||||||
3 | project, has arranged and approved
all local financing, and is | ||||||
4 | eligible to receive a public library construction project
grant | ||||||
5 | award in any fiscal year, but does not receive such award in | ||||||
6 | that year
due to lack of adequate appropriations, those public | ||||||
7 | library construction projects shall
continue to be considered | ||||||
8 | for grant awards
for the following fiscal year. | ||||||
9 | Section 15-40. Supervision of public library construction | ||||||
10 | projects. The Secretary of State shall exercise general | ||||||
11 | supervision over public library construction
projects financed | ||||||
12 | pursuant to this Act. Public libraries, however, must be | ||||||
13 | allowed to choose the architect and engineer for their public | ||||||
14 | library construction projects, and no project may be | ||||||
15 | disapproved by the Secretary of State solely due to a public | ||||||
16 | library's selection of an architect or engineer. | ||||||
17 | Section 15-50. Referendum requirements. After the | ||||||
18 | Secretary of State
has approved all or part of a public | ||||||
19 | library's application and made a determination of eligibility | ||||||
20 | for a public library construction project grant, the governing | ||||||
21 | body of the public library shall submit
the project or the | ||||||
22 | financing of the project to a referendum when the
referendum is | ||||||
23 | required by law. |
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| |||||||
1 | Section 15-55. Rules. The Secretary of State shall | ||||||
2 | promulgate such rules as it deems
necessary for carrying out | ||||||
3 | its responsibilities under the provisions of this
Act.
| ||||||
4 | Section 15-60. Public library capital needs assessment. | ||||||
5 | The Secretary of State shall file with the General
Assembly a | ||||||
6 | comprehensive assessment report of the capital needs of all
| ||||||
7 | public libraries in this State before January 1, 2010
and every | ||||||
8 | 2 years thereafter. This assessment shall include, without
| ||||||
9 | limitation, an analysis of the 5 categories of capital needs | ||||||
10 | prioritized in
Section 15-30 of this Act. | ||||||
11 | Article 20. | ||||||
12 | Section 20-1. Short title. This Article may be cited as the | ||||||
13 | Park and Recreational Facility Construction Act , and | ||||||
14 | references in this Article to "this Act" mean this Article. | ||||||
15 | Section 20-5. Definitions. As used in this Act: | ||||||
16 | "Department" means the Department of Natural Resources. | ||||||
17 | "Grant index" means a figure for each park or recreation | ||||||
18 | unit equal to one minus the
ratio of the park or recreation | ||||||
19 | unit's equalized assessed valuation per capita to the equalized | ||||||
20 | assessed valuation per capita of the park or recreation unit | ||||||
21 | located at the 90th percentile for all park or recreation units |
| |||||||
| |||||||
1 | in the State. The grant index shall be no less than 0.35 and no | ||||||
2 | greater than
0.75 for each park or recreation unit; provided | ||||||
3 | that the grant index for park or recreation units whose
| ||||||
4 | equalized assessed valuation per capita is at the
99th | ||||||
5 | percentile and above for all park or recreation units in the | ||||||
6 | State shall be 0.00. | ||||||
7 | "Park or recreation unit" means the governmental unit of | ||||||
8 | any public park, park district, park and recreation district, | ||||||
9 | recreational facility, or recreation system established under | ||||||
10 | the Park District Code, the Chicago Park District Act, the | ||||||
11 | Metro-East Park and Recreation District Act, or the Illinois | ||||||
12 | Municipal Code.
| ||||||
13 | "Park or recreation unit construction project" means the | ||||||
14 | acquisition, development,
construction, reconstruction, | ||||||
15 | rehabilitation, improvement, architectural
planning, | ||||||
16 | installation, maintenance, and upkeep of (i) capital | ||||||
17 | facilities consisting of buildings,
structures, durable | ||||||
18 | equipment, and land for park or recreation purposes and (ii) | ||||||
19 | open spaces and natural areas, as those terms are defined in | ||||||
20 | Section 10 of the Illinois Open Land Trust Act.
| ||||||
21 | Section 20-10. Grant awards. The Department is authorized | ||||||
22 | to
make grants to park or recreation units for park or | ||||||
23 | recreation unit construction projects with funds
appropriated | ||||||
24 | for that purpose from the Build Illinois Bond Fund. |
| |||||||
| |||||||
1 | Section 20-15. Grants. The Department is authorized
to | ||||||
2 | determine grant eligibility for park or recreation unit | ||||||
3 | construction projects and shall determine the priority order | ||||||
4 | for park or recreation unit construction project grants
to be | ||||||
5 | made by the Department.
When grant eligibility has been | ||||||
6 | determined for a park or recreation unit construction project, | ||||||
7 | the
Department shall notify the
park or recreation unit of the | ||||||
8 | dollar amount of the park or recreation unit construction
| ||||||
9 | project's cost that the park or recreation unit will be | ||||||
10 | required to finance with non-grant
funds in order to qualify to | ||||||
11 | receive a park or recreation unit construction project grant | ||||||
12 | under
this Act from the Department. The Department shall | ||||||
13 | thereafter determine whether a grant shall be made. | ||||||
14 | Section 20-20. Grant application; facilities plan. Park or | ||||||
15 | recreation units
shall apply to the Department for park or | ||||||
16 | recreation unit construction project
grants. Park or | ||||||
17 | recreation units filing grant applications shall
submit to the | ||||||
18 | Department a facilities plan that shall include,
but not be | ||||||
19 | limited to, an assessment of present and future park or | ||||||
20 | recreation facility
needs as required by present and | ||||||
21 | anticipated park or recreational programming, the
availability | ||||||
22 | of local financial resources
including current revenues, fund | ||||||
23 | balances, and unused bonding capacity, a
fiscal plan for | ||||||
24 | meeting present and anticipated debt service obligations, and a
| ||||||
25 | maintenance plan and schedule that contain necessary |
| |||||||
| |||||||
1 | assurances that new,
renovated, and existing facilities are | ||||||
2 | being or will be properly maintained.
The Department shall | ||||||
3 | review and approve park or recreation unit facilities plans
| ||||||
4 | prior to determining eligibility and authorizing grants. Each | ||||||
5 | park or recreation unit that is determined to be eligible shall | ||||||
6 | annually update its facilities plan and submit the
revised plan | ||||||
7 | to the
Department for approval. | ||||||
8 | Section 20-25. Eligibility and project standards. | ||||||
9 | (a) The Department shall establish eligibility standards | ||||||
10 | for
park or recreation unit construction project grants and | ||||||
11 | approve a park or recreation unit's eligibility for a park or | ||||||
12 | recreation unit
construction project grant pursuant to the | ||||||
13 | established
standards. These standards shall include minimum | ||||||
14 | service population requirements for park or recreation unit | ||||||
15 | construction project grants. | ||||||
16 | (b) The Department shall establish
project standards for | ||||||
17 | all park or recreation unit construction project grants | ||||||
18 | provided pursuant
to this Act. These standards shall include | ||||||
19 | the determination of recognized project costs that shall be | ||||||
20 | eligible
for State financial assistance and enrichment costs | ||||||
21 | that shall not be eligible
for State financial assistance. | ||||||
22 | Section 20-30. Priority of construction projects. The | ||||||
23 | Department shall develop standards for the determination of | ||||||
24 | priority needs
concerning park or recreation unit construction |
| |||||||
| |||||||
1 | projects based upon approved facilities
plans. These standards | ||||||
2 | shall call for prioritization based on
the degree of need and | ||||||
3 | project type in the following order: | ||||||
4 | (1) Replacement or reconstruction of park or | ||||||
5 | recreation unit facilities destroyed or damaged
by flood, | ||||||
6 | tornado, fire, earthquake, or other disasters, either | ||||||
7 | man-made or
produced by nature;
| ||||||
8 | (2) Projects designed to address
population growth or | ||||||
9 | to replace aging park or recreation unit facilities;
| ||||||
10 | (3) Replacement or reconstruction of park or | ||||||
11 | recreation unit
facilities determined to be severe and | ||||||
12 | continuing health or life safety
hazards;
| ||||||
13 | (4) Alterations necessary to provide accessibility for | ||||||
14 | qualified individuals
with disabilities; and | ||||||
15 | (5) Other unique solutions to facility needs.
| ||||||
16 | Section 20-35. Grant amounts; permitted
use; prohibited | ||||||
17 | use. | ||||||
18 | (a) The product of the park or recreation unit's grant | ||||||
19 | index and the
recognized project cost, as determined by the | ||||||
20 | Department, for an
approved park or recreation unit | ||||||
21 | construction project shall equal the amount of the grant the
| ||||||
22 | Department shall provide to the eligible park or recreation | ||||||
23 | unit. The grant
index shall not be used in cases where the | ||||||
24 | General Assembly and the Governor
approve appropriations | ||||||
25 | designated for specifically identified park or recreation unit
|
| |||||||
| |||||||
1 | construction projects.
| ||||||
2 | (b) In each fiscal year in which park or recreation unit | ||||||
3 | construction project grants are
awarded, of the total amount | ||||||
4 | awarded statewide, 20% shall be awarded to the Chicago Park | ||||||
5 | District, provided that the Chicago Park District complies
with | ||||||
6 | the provisions of this Act, and 80% shall be awarded to park or | ||||||
7 | recreation units outside of the City of Chicago.
| ||||||
8 | (c) No portion of a park or recreation unit construction | ||||||
9 | project grant awarded by the
Department shall be used by a park | ||||||
10 | or recreation unit for any
on-going operational costs.
| ||||||
11 | Section 20-37. Carry over projects. If a park or recreation | ||||||
12 | unit has been determined eligible for a park or recreation unit | ||||||
13 | construction project, has arranged and approved
all local | ||||||
14 | financing, and is eligible to receive a park or recreation unit | ||||||
15 | construction project
grant award in any fiscal year, but does | ||||||
16 | not receive such award in that year
due to lack of adequate | ||||||
17 | appropriations, those park or recreation unit construction | ||||||
18 | projects shall
continue to be considered for grant awards
for | ||||||
19 | the following fiscal year. | ||||||
20 | Section 20-40. Supervision of park or recreation unit | ||||||
21 | construction projects. The Department shall exercise general | ||||||
22 | supervision over park or recreation unit construction
projects | ||||||
23 | financed pursuant to this Act. Park or recreation units, | ||||||
24 | however, must be allowed to choose the architect and engineer |
| |||||||
| |||||||
1 | for their park or recreation unit construction projects, and no | ||||||
2 | project may be disapproved by the Department solely due to a | ||||||
3 | park or recreation unit's selection of an architect or | ||||||
4 | engineer. | ||||||
5 | Section 20-50. Referendum requirements. After the | ||||||
6 | Department
has approved all or part of a park or recreation | ||||||
7 | unit's application and made a determination of eligibility for | ||||||
8 | a park or recreation unit construction project grant, the park | ||||||
9 | or recreation unit shall submit
the project or the financing of | ||||||
10 | the project to a referendum when the
referendum is required by | ||||||
11 | law. | ||||||
12 | Section 20-55. Rules. The Department shall promulgate such | ||||||
13 | rules as it deems
necessary for carrying out its | ||||||
14 | responsibilities under the provisions of this
Act.
| ||||||
15 | Section 20-60. Capital needs assessment. The Department | ||||||
16 | shall file with the General
Assembly a comprehensive assessment | ||||||
17 | report of the capital needs of all
park or recreation units in | ||||||
18 | this State before January 1, 2010
and every 2 years thereafter. | ||||||
19 | This assessment shall include, without
limitation, an analysis | ||||||
20 | of the 5 categories of capital needs prioritized in
Section | ||||||
21 | 20-30 of this Act.
| ||||||
22 | Article 25. |
| |||||||
| |||||||
1 | Section 25-1. Short title. This Article may be cited as the | ||||||
2 | Private Colleges and Universities Capital Distribution Formula | ||||||
3 | Act , and references in this Article to "this Act" mean this | ||||||
4 | Article. | ||||||
5 | Section 25-5. Definitions. In this Act: | ||||||
6 | "Independent colleges" means non-public, non-profit | ||||||
7 | colleges and universities based in Illinois. The term does not | ||||||
8 | include any institution that primarily or exclusively provided | ||||||
9 | online education services as of the fall 2008 term. | ||||||
10 | "FTE" means full-time equivalent enrollment based on Fall | ||||||
11 | 2008 Final full-time equivalent enrollment according to the | ||||||
12 | Illinois Board of Higher Education. | ||||||
13 | Section 25-10. Distribution. This Act creates a | ||||||
14 | distribution formula for funds appropriated from the Build | ||||||
15 | Illinois Bond Fund to the Capital Development Board for the | ||||||
16 | Illinois Board of Higher Education for grants to various | ||||||
17 | private colleges and universities. | ||||||
18 | Funds appropriated for this purpose shall be distributed by | ||||||
19 | the Illinois Board of Higher Education through a formula to | ||||||
20 | independent colleges that have been given operational approval | ||||||
21 | by the Illinois Board of Higher Education as of the Fall 2008 | ||||||
22 | term. The distribution formula shall have 2 components: a base | ||||||
23 | grant portion of the appropriation and an FTE grant portion of |
| |||||||
| |||||||
1 | the appropriation. Each independent college shall be awarded | ||||||
2 | both a base grant portion of the appropriation and an FTE grant | ||||||
3 | portion of the appropriation. | ||||||
4 | The Illinois Board of Higher Education shall distribute | ||||||
5 | moneys appropriated for this purpose to independent colleges | ||||||
6 | based on the following base grant criteria: for each | ||||||
7 | independent college reporting between 1 and 200 FTE a base | ||||||
8 | grant of $200,000 shall be awarded; for each independent | ||||||
9 | college reporting between 201 and 500 FTE a base grant of | ||||||
10 | $1,000,000 shall be awarded; for each independent college | ||||||
11 | reporting between 501 and 4,000 FTE a base grant of $2,000,000 | ||||||
12 | shall be awarded; and for each independent college reporting | ||||||
13 | 4,001 or more FTE a base grant of $5,000,000 shall be awarded. | ||||||
14 | The remainder of the moneys appropriated for this purpose | ||||||
15 | shall be distributed by the Illinois Board of Higher Education | ||||||
16 | to each independent college on a per capita basis as determined | ||||||
17 | by the independent college's FTE as reported by the Illinois | ||||||
18 | Board of Higher Education's most recent fall FTE report. | ||||||
19 | Each independent college shall have up to 5 years from the | ||||||
20 | date of appropriation to access and utilize its awarded | ||||||
21 | amounts. If any independent college does not utilize its full | ||||||
22 | award or a portion thereof after 5 years, the remaining funds | ||||||
23 | shall be re-distributed to other independent colleges on an FTE | ||||||
24 | basis. | ||||||
25 | Article 30. |
| |||||||
| |||||||
1 | Section 30-5. The Department of Commerce and Economic | ||||||
2 | Opportunity Law of the
Civil Administrative Code of Illinois is | ||||||
3 | amended by changing Section 605-400 as follows:
| ||||||
4 | (20 ILCS 605/605-400) (was 20 ILCS 605/46.19c)
| ||||||
5 | Sec. 605-400. Office of Urban Assistance. The Department
| ||||||
6 | shall
provide for, staff, and administer an
Office of Urban | ||||||
7 | Assistance, which
shall plan and coordinate existing
State | ||||||
8 | programs designed to aid and stimulate the economic growth of | ||||||
9 | depressed
urban areas. Among other duties assigned by the | ||||||
10 | Department, the Office
shall have the following duties:
| ||||||
11 | (1) To coordinate the activities of the following units | ||||||
12 | and
programs of
the Department and all other present and
| ||||||
13 | future units and programs of the Department that impact | ||||||
14 | depressed
urban
areas to the extent that they
impact upon | ||||||
15 | or concern urban economics:
| ||||||
16 | (A) Enterprise Zone Program.
| ||||||
17 | (B) Small Business Development Center Program.
| ||||||
18 | (C) Programs that assist in the development of
| ||||||
19 | community
infrastructure.
| ||||||
20 | (D) Illinois House Energy Assistance Program.
| ||||||
21 | (E) Illinois Home Weatherization Assistance Program.
| ||||||
22 | (F) Programs financed with Community Services Block | ||||||
23 | Grant
funds.
| ||||||
24 | (G) Industrial Training Program.
|
| |||||||
| |||||||
1 | (H) Technology Transfer and Innovation Program.
| ||||||
2 | (I) Rental Rehabilitation Program.
| ||||||
3 | (J) Displaced Homemaker Program.
| ||||||
4 | (K) Programs under the federal Job Training | ||||||
5 | Partnership Act.
| ||||||
6 | The Office shall convene quarterly meetings of | ||||||
7 | representatives who are
designated by the Department to | ||||||
8 | represent the units and programs listed in
items (A) through | ||||||
9 | (K).
| ||||||
10 | (2) To gather information concerning any State or federal
| ||||||
11 | program that
is designed to revitalize or assist depressed | ||||||
12 | urban areas in the State and
to provide this information to | ||||||
13 | public and private entities upon request.
| ||||||
14 | (3) To promote and assist in developing urban inner city
| ||||||
15 | industrial parks.
| ||||||
16 | (4) To promote economic parity and the autonomy of citizens | ||||||
17 | of
this State
through promoting and assisting the development | ||||||
18 | of urban inner city
small business development centers, urban | ||||||
19 | youth unemployment projects, small
business
incubators, family | ||||||
20 | resource centers, urban developments banks, self
managed
urban | ||||||
21 | businesses, and plans for urban infrastructure projects over | ||||||
22 | the next
25 years.
| ||||||
23 | (5) To recommend to the General Assembly and the Governor
| ||||||
24 | economic policies for urban areas and planning models
that will | ||||||
25 | result in the reconstruction of the economy of urban areas,
| ||||||
26 | especially those urban areas where economically and socially |
| |||||||
| |||||||
1 | disadvantaged
people live.
| ||||||
2 | (6) To make recommendations to the General Assembly and the
| ||||||
3 | Governor on
the establishment of urban economic
policy in the | ||||||
4 | areas of (i) housing, (ii) scientific
research, (iii) urban
| ||||||
5 | youth unemployment, (iv) business incubators and family | ||||||
6 | resource
centers in
urban inner cities, and (v) alternative | ||||||
7 | energy resource
development, and the
need
thereof, in urban | ||||||
8 | areas as part of the department's 5-year
plan for
economic | ||||||
9 | development.
| ||||||
10 | (7) To make any rules and regulations necessary to carry | ||||||
11 | out its
responsibilities under the Civil Administrative Code of | ||||||
12 | Illinois.
| ||||||
13 | (8) To encourage new industrial enterprises to locate in | ||||||
14 | urban
areas (i) through
educational promotions that point out | ||||||
15 | the opportunities of any
such area as a
commercial and | ||||||
16 | industrial field of opportunity and (ii) by the
solicitation of
| ||||||
17 | industrial enterprises; and to do other acts that, in
the | ||||||
18 | judgment
of the Office, are necessary and proper in fostering | ||||||
19 | and promoting
the
industrial development and economic welfare | ||||||
20 | of any urban area.
The
Office, however, shall have no power to | ||||||
21 | require reports from or to regulate
any business.
| ||||||
22 | (9) To accept grants, loans, or appropriations from the
| ||||||
23 | federal
government or the State, or any agency or | ||||||
24 | instrumentality thereof, to be
used for the operating expenses | ||||||
25 | of the Office or for any purposes of the
Office, including the | ||||||
26 | making of direct loans or grants of those
funds for
public, |
| |||||||
| |||||||
1 | private, experimental, or cooperative housing, scientific | ||||||
2 | research,
urban inner city industrial parks, urban youth | ||||||
3 | employment projects,
business incubators, urban infrastructure | ||||||
4 | development, alternative energy
resource development, food | ||||||
5 | deserts and community food plots, community facilities needed | ||||||
6 | in urban areas, and
any other purpose related to the | ||||||
7 | revitalization of urban areas.
| ||||||
8 | (Source: P.A. 91-239, eff. 1-1-00.)
| ||||||
9 | Section 30-10. The General Obligation Bond Act is amended | ||||||
10 | by changing Sections 3 and 9 as follows:
| ||||||
11 | (30 ILCS 330/3) (from Ch. 127, par. 653)
| ||||||
12 | Sec. 3. Capital Facilities. The amount of $7,320,235,369 is | ||||||
13 | authorized
to be used for the acquisition, development, | ||||||
14 | construction, reconstruction,
improvement, financing, | ||||||
15 | architectural planning and installation of capital
facilities | ||||||
16 | within the State, consisting of buildings, structures, durable
| ||||||
17 | equipment, land, and interests in land , and the costs | ||||||
18 | associated with the purchase and implementation of information | ||||||
19 | technology, including but not limited to the purchase of | ||||||
20 | hardware and software, for the following specific purposes:
| ||||||
21 | (a) $2,211,228,000 for educational purposes by
State | ||||||
22 | universities and
colleges, the Illinois Community College | ||||||
23 | Board created by the Public
Community College Act and for | ||||||
24 | grants to public community colleges as
authorized by |
| |||||||
| |||||||
1 | Sections 5-11 and 5-12 of the Public Community College Act;
| ||||||
2 | (b) $1,607,420,000 for correctional purposes at
State
| ||||||
3 | prison and correctional centers;
| ||||||
4 | (c) $531,175,000 for open spaces, recreational and
| ||||||
5 | conservation purposes and the protection of land;
| ||||||
6 | (d) $589,917,000 for child care facilities, mental
and | ||||||
7 | public health facilities, and facilities for the care of | ||||||
8 | disabled
veterans and their spouses;
| ||||||
9 | (e) $1,455,990,000 for use by the State, its
| ||||||
10 | departments, authorities, public corporations, commissions | ||||||
11 | and agencies;
| ||||||
12 | (f) $818,100 for cargo handling facilities at port | ||||||
13 | districts and for
breakwaters, including harbor entrances, | ||||||
14 | at port districts in conjunction
with facilities for small | ||||||
15 | boats and pleasure crafts;
| ||||||
16 | (g) $204,657,000 for water resource management
| ||||||
17 | projects;
| ||||||
18 | (h) $16,940,269 for the provision of facilities for | ||||||
19 | food production
research and related instructional and | ||||||
20 | public service activities at the
State universities and | ||||||
21 | public community colleges;
| ||||||
22 | (i) $36,000,000 for grants by the Secretary of State, | ||||||
23 | as
State
Librarian, for central library facilities | ||||||
24 | authorized by Section 8
of the Illinois Library System Act | ||||||
25 | and for grants by the Capital
Development Board to units of | ||||||
26 | local government for public library
facilities;
|
| |||||||
| |||||||
1 | (j) $25,000,000 for the acquisition, development, | ||||||
2 | construction,
reconstruction, improvement, financing, | ||||||
3 | architectural planning and
installation of capital | ||||||
4 | facilities consisting of buildings, structures,
durable | ||||||
5 | equipment and land for grants to counties, municipalities | ||||||
6 | or public
building commissions with correctional | ||||||
7 | facilities that do not comply with
the minimum standards of | ||||||
8 | the Department of Corrections under Section 3-15-2
of the | ||||||
9 | Unified Code of Corrections;
| ||||||
10 | (k) $5,000,000 for grants in fiscal year 1988 by the | ||||||
11 | Department of
Conservation for improvement or expansion of | ||||||
12 | aquarium facilities located on
property owned by a park | ||||||
13 | district;
| ||||||
14 | (l) $432,590,000 to State agencies for grants to
local | ||||||
15 | governments for
the acquisition, financing, architectural | ||||||
16 | planning, development, alteration,
installation, and | ||||||
17 | construction of capital facilities consisting of | ||||||
18 | buildings,
structures, durable equipment, and land; and
| ||||||
19 | (m) $203,500,000 for the Illinois Open Land Trust
| ||||||
20 | Program
as defined by the
Illinois Open Land Trust Act.
| ||||||
21 | The amounts authorized above for capital facilities may be | ||||||
22 | used
for the acquisition, installation, alteration, | ||||||
23 | construction, or
reconstruction of capital facilities and for | ||||||
24 | the purchase of equipment
for the purpose of major capital | ||||||
25 | improvements which will reduce energy
consumption in State | ||||||
26 | buildings or facilities.
|
| |||||||
| |||||||
1 | (Source: P.A. 91-39, 6-15-99; 91-53, eff. 6-30-99; 91-710, eff. | ||||||
2 | 5-17-00;
92-13, eff. 6-22-01; 92-598, eff. 6-28-02.)
| ||||||
3 | (30 ILCS 330/9) (from Ch. 127, par. 659)
| ||||||
4 | Sec. 9. Conditions for Issuance and Sale of Bonds - | ||||||
5 | Requirements for
Bonds. | ||||||
6 | (a) Except as otherwise provided in this subsection, Bonds | ||||||
7 | shall be issued and sold from time to time, in one or
more | ||||||
8 | series, in such amounts and at such prices as may be directed | ||||||
9 | by the
Governor, upon recommendation by the Director of the
| ||||||
10 | Governor's Office of Management and Budget.
Bonds shall be in | ||||||
11 | such form (either coupon, registered or book entry), in
such | ||||||
12 | denominations, payable within 25 years from their date, subject | ||||||
13 | to such
terms of redemption with or without premium, bear | ||||||
14 | interest payable at
such times and at such fixed or variable | ||||||
15 | rate or rates, and be dated
as shall be fixed and determined by | ||||||
16 | the Director of
the
Governor's Office of Management and Budget
| ||||||
17 | in the order authorizing the issuance and sale
of any series of | ||||||
18 | Bonds, which order shall be approved by the Governor
and is | ||||||
19 | herein called a "Bond Sale Order"; provided however, that | ||||||
20 | interest
payable at fixed or variable rates shall not exceed | ||||||
21 | that permitted in the
Bond Authorization Act, as now or | ||||||
22 | hereafter amended. Bonds shall be
payable at such place or | ||||||
23 | places, within or without the State of Illinois, and
may be | ||||||
24 | made registrable as to either principal or as to both principal | ||||||
25 | and
interest, as shall be specified in the Bond Sale Order. |
| |||||||
| |||||||
1 | Bonds may be callable
or subject to purchase and retirement or | ||||||
2 | tender and remarketing as fixed
and determined in the Bond Sale | ||||||
3 | Order. Bonds , other than Bonds issued under Section 3 of this | ||||||
4 | Act for the costs associated with the purchase and | ||||||
5 | implementation of information technology, must be issued with | ||||||
6 | principal or mandatory redemption amounts in equal amounts, | ||||||
7 | with the first maturity issued occurring within the fiscal year | ||||||
8 | in which the Bonds are issued or within the next succeeding | ||||||
9 | fiscal year, with Bonds issued maturing or subject to mandatory | ||||||
10 | redemption each fiscal year thereafter up to 25 years. Bonds | ||||||
11 | issued under Section 3 of this Act for the costs associated | ||||||
12 | with the purchase and implementation of information technology | ||||||
13 | must be issued with principal or mandatory redemption amounts | ||||||
14 | in equal amounts, with the first maturity issued occurring with | ||||||
15 | the fiscal year in which the respective bonds are issued or | ||||||
16 | with the next succeeding fiscal year, with the respective bonds | ||||||
17 | issued maturing or subject to mandatory redemption each fiscal | ||||||
18 | year thereafter up to 10 years.
| ||||||
19 | In the case of any series of Bonds bearing interest at a | ||||||
20 | variable interest
rate ("Variable Rate Bonds"), in lieu of | ||||||
21 | determining the rate or rates at which
such series of Variable | ||||||
22 | Rate Bonds shall bear interest and the price or prices
at which | ||||||
23 | such Variable Rate Bonds shall be initially sold or remarketed | ||||||
24 | (in the
event of purchase and subsequent resale), the Bond Sale | ||||||
25 | Order may provide that
such interest rates and prices may vary | ||||||
26 | from time to time depending on criteria
established in such |
| |||||||
| |||||||
1 | Bond Sale Order, which criteria may include, without
| ||||||
2 | limitation, references to indices or variations in interest | ||||||
3 | rates as may, in
the judgment of a remarketing agent, be | ||||||
4 | necessary to cause Variable Rate Bonds
of such series to be | ||||||
5 | remarketable from time to time at a price equal to their
| ||||||
6 | principal amount, and may provide for appointment of a bank, | ||||||
7 | trust company,
investment bank, or other financial institution | ||||||
8 | to serve as remarketing agent
in that connection.
The Bond Sale | ||||||
9 | Order may provide that alternative interest rates or provisions
| ||||||
10 | for establishing alternative interest rates, different | ||||||
11 | security or claim
priorities, or different call or amortization | ||||||
12 | provisions will apply during
such times as Variable Rate Bonds | ||||||
13 | of any series are held by a person providing
credit or | ||||||
14 | liquidity enhancement arrangements for such Bonds as | ||||||
15 | authorized in
subsection (b) of this Section.
The Bond Sale | ||||||
16 | Order may also provide for such variable interest rates to be
| ||||||
17 | established pursuant to a process generally known as an auction | ||||||
18 | rate process
and may provide for appointment of one or more | ||||||
19 | financial institutions to serve
as auction agents and | ||||||
20 | broker-dealers in connection with the establishment of
such | ||||||
21 | interest rates and the sale and remarketing of such Bonds.
| ||||||
22 | (b) In connection with the issuance of any series of Bonds, | ||||||
23 | the State may
enter into arrangements to provide additional | ||||||
24 | security and liquidity for such
Bonds, including, without | ||||||
25 | limitation, bond or interest rate insurance or
letters of | ||||||
26 | credit, lines of credit, bond purchase contracts, or other
|
| |||||||
| |||||||
1 | arrangements whereby funds are made available to retire or | ||||||
2 | purchase Bonds,
thereby assuring the ability of owners of the | ||||||
3 | Bonds to sell or redeem their
Bonds. The State may enter into | ||||||
4 | contracts and may agree to pay fees to persons
providing such | ||||||
5 | arrangements, but only under circumstances where the Director | ||||||
6 | of
the
Governor's Office of Management and Budget certifies | ||||||
7 | that he or she reasonably expects the total
interest paid or to | ||||||
8 | be paid on the Bonds, together with the fees for the
| ||||||
9 | arrangements (being treated as if interest), would not, taken | ||||||
10 | together, cause
the Bonds to bear interest, calculated to their | ||||||
11 | stated maturity, at a rate in
excess of the rate that the Bonds | ||||||
12 | would bear in the absence of such
arrangements.
| ||||||
13 | The State may, with respect to Bonds issued or anticipated | ||||||
14 | to be issued,
participate in and enter into arrangements with | ||||||
15 | respect to interest rate
protection or exchange agreements, | ||||||
16 | guarantees, or financial futures contracts
for the purpose of | ||||||
17 | limiting, reducing, or managing interest rate exposure.
The | ||||||
18 | authority granted under this paragraph, however, shall not | ||||||
19 | increase the principal amount of Bonds authorized to be issued | ||||||
20 | by law. The arrangements may be executed and delivered by the | ||||||
21 | Director
of the
Governor's Office of Management and Budget on | ||||||
22 | behalf of the State. Net payments for such
arrangements shall | ||||||
23 | constitute interest on the Bonds and shall be paid from the
| ||||||
24 | General Obligation Bond Retirement and Interest Fund. The | ||||||
25 | Director of the
Governor's Office of Management and Budget | ||||||
26 | shall at least annually certify to the Governor and
the
State |
| |||||||
| |||||||
1 | Comptroller his or her estimate of the amounts of such net | ||||||
2 | payments to
be included in the calculation of interest required | ||||||
3 | to be paid by the State.
| ||||||
4 | (c) Prior to the issuance of any Variable Rate Bonds | ||||||
5 | pursuant to
subsection (a), the Director of the
Governor's | ||||||
6 | Office of Management and Budget shall adopt an
interest rate | ||||||
7 | risk management policy providing that the amount of the State's
| ||||||
8 | variable rate exposure with respect to Bonds shall not exceed | ||||||
9 | 20%. This policy
shall remain in effect while any Bonds are | ||||||
10 | outstanding and the issuance of
Bonds
shall be subject to the | ||||||
11 | terms of such policy. The terms of this policy may be
amended | ||||||
12 | from time to time by the Director of the
Governor's Office of | ||||||
13 | Management and Budget but in no
event shall any amendment cause | ||||||
14 | the permitted level of the State's variable
rate exposure with | ||||||
15 | respect to Bonds to exceed 20%.
| ||||||
16 | (Source: P.A. 92-16, eff. 6-28-01; 93-9, eff. 6-3-03; 93-666, | ||||||
17 | eff. 3-5-04; 93-839, eff. 7-30-04.)
| ||||||
18 | Section 30-11. If and only if the provisions of House Bill | ||||||
19 | 2400 of the 96th General Assembly that are changed by this | ||||||
20 | amendatory Act of the 96th General Assembly become law, then | ||||||
21 | the General Obligation Bond Act is amended by changing Section | ||||||
22 | 4 as follows:
| ||||||
23 | (30 ILCS 330/4) (from Ch. 127, par. 654)
| ||||||
24 | Sec. 4. Transportation. The amount of $9,948,799,000
is |
| |||||||
| |||||||
1 | authorized for use by the Department of Transportation for the | ||||||
2 | specific
purpose of promoting and assuring rapid, efficient, | ||||||
3 | and safe highway, air and
mass transportation for the | ||||||
4 | inhabitants of the State by providing monies,
including the | ||||||
5 | making of grants and loans, for the acquisition, construction,
| ||||||
6 | reconstruction, extension and improvement of the following | ||||||
7 | transportation
facilities and equipment, and for the | ||||||
8 | acquisition of real property and
interests in real property | ||||||
9 | required or expected to be required in connection
therewith as | ||||||
10 | follows:
| ||||||
11 | (a) $5,432,129,000 for State highways, arterial
highways, | ||||||
12 | freeways,
roads, bridges, structures separating highways and | ||||||
13 | railroads and roads, and
bridges on roads maintained by | ||||||
14 | counties, municipalities, townships or road
districts for the | ||||||
15 | following specific purposes:
| ||||||
16 | (1) $3,330,000,000 for use statewide,
| ||||||
17 | (2) $3,677,000 for use outside the Chicago urbanized
| ||||||
18 | area,
| ||||||
19 | (3) $7,543,000 for use within the Chicago urbanized | ||||||
20 | area,
| ||||||
21 | (4) $13,060,600 for use within the City of Chicago,
| ||||||
22 | (5) $58,987,500 for use within the counties of Cook,
| ||||||
23 | DuPage, Kane, Lake, McHenry and Will,
| ||||||
24 | (6) $18,860,900 for use outside the counties of Cook, | ||||||
25 | DuPage, Kane,
Lake, McHenry and Will, and
| ||||||
26 | (7) $2,000,000,000 for use on projects included in |
| |||||||
| |||||||
1 | either (i) the FY09-14 Proposed Highway Improvement | ||||||
2 | Program as published by the Illinois Department of | ||||||
3 | Transportation in May 2008 or (ii) the FY10-15 Proposed | ||||||
4 | Highway Improvement Program to be published by the Illinois | ||||||
5 | Department of Transportation in the spring of 2009; except | ||||||
6 | that all projects must be maintenance projects for the | ||||||
7 | existing State system with the goal of reaching 90% | ||||||
8 | acceptable condition in the system statewide and further | ||||||
9 | except that all projects must reflect the generally | ||||||
10 | accepted historical distribution of projects throughout | ||||||
11 | the State. | ||||||
12 | (b) $3,130,070,000 for rail facilities and for
mass transit | ||||||
13 | facilities, as defined in Section 2705-305 of the Department of
| ||||||
14 | Transportation Law (20 ILCS 2705/2705-305), including rapid | ||||||
15 | transit, rail, bus
and other equipment used in connection | ||||||
16 | therewith by the State or any unit of
local government, special | ||||||
17 | transportation district, municipal corporation or
other | ||||||
18 | corporation or public authority authorized to provide and | ||||||
19 | promote public
transportation within the State or two or more | ||||||
20 | of the foregoing jointly, for
the following specific purposes:
| ||||||
21 | (1) $2,034,270,000 statewide,
| ||||||
22 | (2) $83,350,000 for use within the counties of Cook,
| ||||||
23 | DuPage, Kane, Lake, McHenry and Will,
| ||||||
24 | (3) $12,450,000 for use outside the counties of Cook,
| ||||||
25 | DuPage, Kane, Lake, McHenry and Will, and
| ||||||
26 | (4) $1,000,000,000 for use on projects that shall |
| |||||||
| |||||||
1 | reflect the generally accepted historical distribution of | ||||||
2 | projects throughout the State. | ||||||
3 | (c) $371,600,000 for airport or aviation facilities and any | ||||||
4 | equipment used
in connection therewith, including engineering | ||||||
5 | and land acquisition costs,
by the State or any unit of local | ||||||
6 | government, special transportation district,
municipal | ||||||
7 | corporation or other corporation or public authority | ||||||
8 | authorized
to provide public transportation within the State, | ||||||
9 | or two or more of the
foregoing acting jointly, and for the | ||||||
10 | making of deposits into the Airport
Land Loan Revolving Fund | ||||||
11 | for loans to public airport owners pursuant to the
Illinois | ||||||
12 | Aeronautics Act.
| ||||||
13 | (d) $1,015,000,000 for use statewide for State or local | ||||||
14 | highways, arterial highways, freeways, roads, bridges, and | ||||||
15 | structures separating highways and railroads and roads, and for | ||||||
16 | grants to bridges on roads maintained by counties, | ||||||
17 | municipalities, townships, or road districts for planning, | ||||||
18 | engineering, acquisition, construction, reconstruction, | ||||||
19 | development, improvement, extension, and all | ||||||
20 | construction-related expenses of the public infrastructure and | ||||||
21 | other transportation improvement projects which are related to | ||||||
22 | economic development in the State of Illinois . | ||||||
23 | (Source: 96HB2400 enrolled.)
| ||||||
24 | Section 30-20. The School Construction Law is amended by | ||||||
25 | changing Section 5-40 and by adding Sections 5-200, 5-300, and |
| |||||||
| |||||||
1 | 5-400 as follows:
| ||||||
2 | (105 ILCS 230/5-40)
| ||||||
3 | Sec. 5-40. Supervision of school construction projects; | ||||||
4 | green projects. The Capital
Development Board shall exercise | ||||||
5 | general supervision over school construction
projects financed | ||||||
6 | pursuant to this Article. School districts, however, must be | ||||||
7 | allowed to choose the architect and engineer for their school | ||||||
8 | construction projects, and no project may be disapproved by the | ||||||
9 | State Board of Education or the Capital Development Board | ||||||
10 | solely due to a school district's selection of an architect or | ||||||
11 | engineer.
| ||||||
12 | With respect to those school construction projects for | ||||||
13 | which a school district first applies for a grant on or after | ||||||
14 | July 1, 2007, the school construction project must receive | ||||||
15 | certification from the United States Green Building Council's | ||||||
16 | Leadership in Energy and Environmental Design Green Building | ||||||
17 | Rating System or the Green Building Initiative's Green Globes | ||||||
18 | Green Building Rating System or must meet green building | ||||||
19 | standards of the Capital Development Board and its Green | ||||||
20 | Building Advisory Committee. With respect to those school | ||||||
21 | construction projects for which a school district applies for a | ||||||
22 | grant on or after July 1, 2009, the school construction project | ||||||
23 | must receive silver certification from the United States Green | ||||||
24 | Building Council's Leadership in Energy and Environmental | ||||||
25 | Design Green Building Rating System.
|
| |||||||
| |||||||
1 | (Source: P.A. 95-416, eff. 8-24-07.)
| ||||||
2 | (105 ILCS 230/5-200 new) | ||||||
3 | Sec. 5-200. School energy efficiency grants. | ||||||
4 | (a) The State Board of Education is authorized to make | ||||||
5 | grants to school districts, without regard to enrollment, for | ||||||
6 | school energy efficiency projects. These grants shall be paid | ||||||
7 | out of moneys appropriated for that purpose from the School | ||||||
8 | Infrastructure Fund. No grant under this Section for one fiscal | ||||||
9 | year shall exceed $250,000, but a school district may receive | ||||||
10 | grants for more than one project during one fiscal year. A | ||||||
11 | school district must provide local matching funds in an amount | ||||||
12 | equal to the amount of the grant under this Section. A school | ||||||
13 | district has no entitlement to a grant under this Section. | ||||||
14 | (b) The State Board of Education shall adopt rules to | ||||||
15 | implement this Section. These rules need not be the same as the | ||||||
16 | rules for school construction project grants or school | ||||||
17 | maintenance project grants.
The rules may specify: | ||||||
18 | (1) the manner of applying for grants; | ||||||
19 | (2) project eligibility requirements; | ||||||
20 | (3) restrictions on the use of grant moneys; | ||||||
21 | (4) the manner in which school districts must account | ||||||
22 | for the use of grant moneys; and | ||||||
23 | (5) any other provision that the State Board determines | ||||||
24 | to be necessary or useful for the administration of this | ||||||
25 | Section. |
| |||||||
| |||||||
1 | (c) In each school year in which school energy efficiency | ||||||
2 | project grants are awarded, 20% of the total amount awarded | ||||||
3 | shall be awarded to a school district with a population of more | ||||||
4 | than 500,000, provided that the school district complies with | ||||||
5 | the requirements of this Section and the rules adopted under | ||||||
6 | this Section. | ||||||
7 | (105 ILCS 230/5-300 new) | ||||||
8 | Sec. 5-300. Early childhood construction grants. | ||||||
9 | (a) The Capital Development Board is authorized to make | ||||||
10 | grants to public school districts and not-for-profit entities | ||||||
11 | for early childhood construction projects. These grants shall | ||||||
12 | be paid out of moneys appropriated for that purpose from the | ||||||
13 | School Construction Fund. No grants may be awarded to entities | ||||||
14 | providing services within private residences. A public school | ||||||
15 | district or other eligible entity must provide local matching | ||||||
16 | funds in an amount equal to the amount of the grant under this | ||||||
17 | Section. A public school district or other eligible entity has | ||||||
18 | no entitlement to a grant under this Section. | ||||||
19 | (b) The Capital Development Board shall adopt rules to | ||||||
20 | implement this Section. These rules need not be the same as the | ||||||
21 | rules for school construction project grants or school | ||||||
22 | maintenance project grants.
The rules may specify: | ||||||
23 | (1) the manner of applying for grants; | ||||||
24 | (2) project eligibility requirements; | ||||||
25 | (3) restrictions on the use of grant moneys; |
| |||||||
| |||||||
1 | (4) the manner in which school districts and other | ||||||
2 | eligible entities must account for the use of grant moneys; | ||||||
3 | and | ||||||
4 | (5) any other provision that the Capital Development | ||||||
5 | Board determines to be necessary or useful for the | ||||||
6 | administration of this Section. | ||||||
7 | (c) The Capital Development Board, in consultation with the | ||||||
8 | State Board of Education, shall establish standards for the | ||||||
9 | determination of priority needs concerning early childhood | ||||||
10 | projects based on projects located in communities in the State | ||||||
11 | with the greatest underserved population of young children, | ||||||
12 | utilizing Census data and other reliable local early childhood | ||||||
13 | service data. | ||||||
14 | (d) In each school year in which early childhood | ||||||
15 | construction project grants are awarded, 20% of the total | ||||||
16 | amount awarded shall be awarded to a school district with a | ||||||
17 | population of more than 500,000, provided that the school | ||||||
18 | district complies with the requirements of this Section and the | ||||||
19 | rules adopted under this Section. | ||||||
20 | (105 ILCS 230/5-400 new) | ||||||
21 | Sec. 5-400. Charter school construction grants. | ||||||
22 | (a) The Capital Development Board is authorized to make | ||||||
23 | grants to charter schools, as authorized by Article 27A of the | ||||||
24 | School Code, 105 ILCS 5/Art. 27A, for construction projects. | ||||||
25 | The grants shall be paid out of moneys appropriated for that |
| |||||||
| |||||||
1 | purpose from the Build Illinois Bond Fund. A charter school and | ||||||
2 | other eligible entities have no entitlement to a grant under | ||||||
3 | this Section. | ||||||
4 | (b) The Capital Development Board shall adopt rules to | ||||||
5 | implement this Section. These rules need not be the same as the | ||||||
6 | rules for school construction project grants or school | ||||||
7 | maintenance project grants.
The rules may specify: | ||||||
8 | (1) the manner of applying for grants; | ||||||
9 | (2) project eligibility requirements; | ||||||
10 | (3) restrictions on the use of grant moneys; | ||||||
11 | (4) the manner in which school districts must account | ||||||
12 | for the use of grant moneys; and | ||||||
13 | (5) any other provision that the Capital Development | ||||||
14 | Board determines to be necessary or useful for the | ||||||
15 | administration of this Section. | ||||||
16 | With respect to those school construction projects for | ||||||
17 | which a charter school applies for a grant on or after July 1, | ||||||
18 | 2009, the school construction project must receive silver | ||||||
19 | certification from the United States Green Building Council's | ||||||
20 | Leadership in Energy and Environmental Design Green Building | ||||||
21 | Rating System. | ||||||
22 | Article 35. | ||||||
23 | Section 35-1. Short title. This Article may be cited as the | ||||||
24 | State Construction Minority and Female Building Trades Act. |
| |||||||
| |||||||
1 | Section 35-5. Definitions. For the purposes of this | ||||||
2 | Article: | ||||||
3 | "Under-represented minority" means African-American, | ||||||
4 | Hispanic, and Asian-American as those terms are defined in the | ||||||
5 | Business Enterprise for Minorities, Females, and Persons with | ||||||
6 | Disabilities Act. | ||||||
7 | "Construction" means any constructing, altering, | ||||||
8 | reconstructing, repairing, rehabilitating, refinishing, | ||||||
9 | refurbishing, remodeling, remediating, renovating, custom | ||||||
10 | fabricating, maintenance, landscaping, improving, wrecking, | ||||||
11 | painting, decorating, demolishing, and adding to or | ||||||
12 | subtracting from any building, structure, highway, roadway, | ||||||
13 | street, bridge, alley, sewer, ditch, sewage disposal plant, | ||||||
14 | water works, parking facility, railroad, excavation or other | ||||||
15 | structure, project, development, real property or improvement, | ||||||
16 | or to do any part thereof, whether or not the performance of | ||||||
17 | the work herein described involves the addition to, or | ||||||
18 | fabrication into, any structure, project, development, real | ||||||
19 | property or improvement herein described of any material or | ||||||
20 | article of merchandise. Construction shall also include moving | ||||||
21 | construction related materials on the job site to or from the | ||||||
22 | job site. | ||||||
23 | Section 35-10. Apprenticeship reports. Each labor | ||||||
24 | organization and other entity in Illinois with one or more |
| |||||||
| |||||||
1 | apprenticeship programs for construction trades, whether or | ||||||
2 | not recognized and certified by the United States Department of | ||||||
3 | Labor, Bureau of Apprenticeship and Training, must report to | ||||||
4 | the Illinois Department of Labor the information required to be | ||||||
5 | reported to the Bureau of Apprenticeship and Training by labor | ||||||
6 | organizations with recognized and certified apprenticeship | ||||||
7 | programs that lists the race, gender, ethnicity, and national | ||||||
8 | origin of apprentices in that labor organization or entity. The | ||||||
9 | information must be submitted to the Illinois Department of | ||||||
10 | Labor as provided by rules adopted by the Department. For labor | ||||||
11 | organizations with recognized and certified apprentice | ||||||
12 | programs, the reporting requirement of this Section may be met | ||||||
13 | by providing the Illinois Department of Labor, on a schedule | ||||||
14 | adopted by the Department by rule, copies of the reports | ||||||
15 | submitted to the Bureau of Apprenticeship and Training. | ||||||
16 | Section 35-15. Compilation of building trade data. By March | ||||||
17 | 1 of each year, the Illinois Department of Labor shall publish | ||||||
18 | and make available on its official website a report compiling | ||||||
19 | and summarizing demographic trends in the State's building | ||||||
20 | trades apprenticeship programs, with particular attention to | ||||||
21 | race, gender, ethnicity, and national origin of apprentices in | ||||||
22 | labor organizations and other entities in Illinois based on the | ||||||
23 | information submitted to the Department under Section 35-10. | ||||||
24 | Section 35-20. Construction employment initiative.
|
| |||||||
| |||||||
1 | (a) Each fiscal year, the Department of Commerce and | ||||||
2 | Economic Opportunity shall identify construction projects that | ||||||
3 | are: | ||||||
4 | (1) funded by the State or the American Recovery and | ||||||
5 | Reinvestment Act or funded in part by the State and in part | ||||||
6 | by the American Recovery and Reinvestment Act; | ||||||
7 | (2) equal to or greater than $5,000,000 in total value; | ||||||
8 | and | ||||||
9 | (3) located in or within 5 miles of Cook County, | ||||||
10 | Aurora, Elgin, Joliet, Kankakee, Peoria, Decatur, | ||||||
11 | Champaign-Urbana, Springfield, East St. Louis, Rockford, | ||||||
12 | Waukegan, or Cairo. | ||||||
13 | In addition, the Director of Commerce and Economic | ||||||
14 | Opportunity may designate any other construction project as a | ||||||
15 | construction employment initiative project if the local | ||||||
16 | available workforce is sufficient to meet the goals of this | ||||||
17 | Section. | ||||||
18 | (b) Not less than 20% of the total apprenticeship hours | ||||||
19 | performed on projects identified pursuant to subsection (a) is | ||||||
20 | established as a goal of those projects to be completed by | ||||||
21 | members of minority groups currently under-represented in | ||||||
22 | skilled building trades. | ||||||
23 | (c) Not less than 10% of the total apprenticeship hours | ||||||
24 | performed on projects identified pursuant to subsection (a) is | ||||||
25 | established as a goal of those projects to be performed by | ||||||
26 | women. A woman who is also a member of a minority group shall |
| |||||||
| |||||||
1 | be designated to one category or the other by the Department of | ||||||
2 | Commerce and Economic Opportunity for purposes of this | ||||||
3 | subsection and subsection (b). | ||||||
4 | (d) An advisory committee for the purposes of this Section | ||||||
5 | is established as follows: | ||||||
6 | (1) Eight members appointed 2 each by the President and | ||||||
7 | Minority Leader of the Senate and the Speaker and Minority | ||||||
8 | Leader of the House of Representatives. | ||||||
9 | (2) The Director of Commerce and Economic Opportunity, | ||||||
10 | or his or her designee. | ||||||
11 | (3) The Illinois Secretary of Transportation, or his or | ||||||
12 | her designee. | ||||||
13 | (4) The executive director of the Capital Development | ||||||
14 | Board, or his or her designee. | ||||||
15 | (5) Three members representing building trades labor | ||||||
16 | organizations, appointed by the Governor. | ||||||
17 | (6) One member representing vertical construction, | ||||||
18 | appointed by the Governor. | ||||||
19 | (7) One member representing road builders, appointed | ||||||
20 | by the Governor. | ||||||
21 | (8) One member representing an association of | ||||||
22 | African-American owned construction companies, appointed | ||||||
23 | by the Governor. | ||||||
24 | (9) One member representing an association of Latino | ||||||
25 | owned construction companies, appointed by the Governor. | ||||||
26 | (10) One member representing an association of women in |
| |||||||
| |||||||
1 | the building trades, appointed by the Governor. | ||||||
2 | (11) One member representing an association of | ||||||
3 | female-owned construction companies, appointed by the | ||||||
4 | Governor. | ||||||
5 | The Department of Commerce and Economic Opportunity shall | ||||||
6 | provide administrative support staff for the advisory | ||||||
7 | committee. | ||||||
8 | Article 40. | ||||||
9 | Section 40-1. Short title. This Article may be cited as the | ||||||
10 | Urban Weatherization Initiative Act. | ||||||
11 | Section 40-5. Definitions. As used in this Article: | ||||||
12 | "Board" means the Weatherization Initiative Board. | ||||||
13 | "Department" means the Department of Commerce and Economic | ||||||
14 | Opportunity. | ||||||
15 | "Initiative" means the Urban Weatherization Initiative. | ||||||
16 | "Urban metropolitan area" means a municipality with a | ||||||
17 | population of 5,000 or more or a township with a population of | ||||||
18 | 5,000 or more. | ||||||
19 | Section 40-10. Urban Weatherization Initiative | ||||||
20 | established; purpose.
| ||||||
21 | (a) The Urban Weatherization Initiative is created. The | ||||||
22 | Initiative shall be administered by the Department of Commerce |
| |||||||
| |||||||
1 | and Economic Opportunity in consultation with other | ||||||
2 | appropriate State agencies and overseen by the Weatherization | ||||||
3 | Initiative Board. | ||||||
4 | (b) The purpose of the Urban Weatherization Initiative is | ||||||
5 | to promote the State's interest in reducing the impact of high | ||||||
6 | energy costs on low-income households. The Initiative seeks to | ||||||
7 | increase employment and entrepreneurship opportunities through | ||||||
8 | the installation and manufacturing of low-cost weatherization | ||||||
9 | materials. In particular, the Initiative is intended to | ||||||
10 | weatherize owner-occupied, single family homes and | ||||||
11 | multi-family (6 units or fewer) housing in census tracts with | ||||||
12 | high rates of unemployment, underemployment, and poverty and to | ||||||
13 | ensure that residents of those communities are able to access | ||||||
14 | the work as a local employment engine. The Initiative also | ||||||
15 | seeks to implement outreach strategies to increase awareness of | ||||||
16 | cost savings and job training services associated with the | ||||||
17 | program. | ||||||
18 | Section 40-15. Grants. The Department is authorized to make | ||||||
19 | payments for grants awarded pursuant to this Article. These | ||||||
20 | grants shall be paid out of moneys appropriated for that | ||||||
21 | purpose from the Build Illinois Bond Fund. | ||||||
22 | Section 40-20. Award of grants.
| ||||||
23 | (a) The Department shall award grants under this Article | ||||||
24 | using a competitive request-for-proposal process administered |
| |||||||
| |||||||
1 | by the Department and overseen by the Board. No more than 2% of | ||||||
2 | funds used for grants may be retained by the Department for | ||||||
3 | administrative costs, program evaluation, and technical | ||||||
4 | assistance activities. | ||||||
5 | (b) The Department must award grants competitively in | ||||||
6 | accordance with the priorities described in this Article. | ||||||
7 | Grants must be awarded in support of the implementation, | ||||||
8 | expansion, or implementation and expansion of weatherization | ||||||
9 | and job training programs consistent with the priorities | ||||||
10 | described in this Article. Strategies for grant use include, | ||||||
11 | but are not limited to, the following: | ||||||
12 | (1) Repair or replacement of inefficient heating and | ||||||
13 | cooling units. | ||||||
14 | (2) Addressing of air infiltration with weather | ||||||
15 | stripping, caulking, thresholds, minor repairs to walls, | ||||||
16 | roofs, ceilings, and floors, and window and door | ||||||
17 | replacement. | ||||||
18 | (3) Repair or replacement of water heaters. | ||||||
19 | (4) Pipe, duct, or pipe and duct insulation. | ||||||
20 | (c) Portions of grant funds may be used for: | ||||||
21 | (1) Work-aligned training in weatherization skill | ||||||
22 | sets, including skills necessary for career advancement in | ||||||
23 | the energy efficiency field. | ||||||
24 | (2) Basic skills training, including soft-skill | ||||||
25 | training, and other workforce development services, | ||||||
26 | including mentoring, job development, support services, |
| |||||||
| |||||||
1 | transportation assistance, and wage subsidies tied to | ||||||
2 | training and employment in weatherization. | ||||||
3 | (d) All grant applicants must include a comprehensive plan | ||||||
4 | for local community engagement. Grant recipients may devote a | ||||||
5 | portion of awarded funds to conduct outreach activities | ||||||
6 | designed to assure that eligible households and relevant | ||||||
7 | workforce populations are made aware of the opportunities | ||||||
8 | available under this Article. A portion of outreach activities | ||||||
9 | must occur in convenient, local intake centers, including but | ||||||
10 | not limited to churches, local schools, and community centers. | ||||||
11 | (e) Any private, public, and non-profit entities that | ||||||
12 | provide, or demonstrate desire and ability to provide, | ||||||
13 | weatherization services that act to decrease the impact of | ||||||
14 | energy costs on low-income areas and incorporate an effective | ||||||
15 | local employment strategy are eligible grant applicants. | ||||||
16 | (f) For grant recipients, maximum per unit expenditure | ||||||
17 | shall not exceed $6,500. | ||||||
18 | (g) A grant recipient may not be awarded grants totaling | ||||||
19 | more than $500,000 per fiscal year. | ||||||
20 | (h) A grant recipient may not use more than 15% of its | ||||||
21 | total grant amount for administrative expenses. | ||||||
22 | Section 40-25. Targets. The Department shall award grants | ||||||
23 | under this Article using the following target areas and | ||||||
24 | populations, and the Board shall monitor the application of | ||||||
25 | these targets to the awarding of grants: |
| |||||||
| |||||||
1 | (1) Census tracts in urban metropolitan areas where 20% | ||||||
2 | or more of the population is living in poverty and that | ||||||
3 | suffer from disproportionately high rates of unemployment, | ||||||
4 | underemployment, and poverty as defined by the 2000 Census. | ||||||
5 | (2) Areas with high concentrations of families with | ||||||
6 | income equal to or less than 60% of the Area Median Income. | ||||||
7 | (3) Areas with the highest energy costs in relation to | ||||||
8 | income. | ||||||
9 | Section 40-30. Priority grants. In awarding grants, the | ||||||
10 | Department must give priority to grant applications that | ||||||
11 | demonstrate collaboration among local weatherization agencies, | ||||||
12 | educational institutions, workforce stakeholders, and | ||||||
13 | community organizations, especially those located in | ||||||
14 | communities with high rates of unemployment, underemployment, | ||||||
15 | and poverty. | ||||||
16 | Section 40-35. Quarterly reports. Grant recipients must | ||||||
17 | submit quarterly reports of their grant activities to the | ||||||
18 | Department in accordance with rules adopted under this Article. | ||||||
19 | Section 40-40. Weatherization Initiative Board.
| ||||||
20 | (a) The Weatherization Initiative Board is created within | ||||||
21 | the Department. The Board must approve or deny all grants from | ||||||
22 | the Fund. | ||||||
23 | (a-5) Notwithstanding any other provision of this Article, |
| |||||||
| |||||||
1 | the Board has the authority to direct the Department to | ||||||
2 | authorize the awarding of grants to applicants serving areas or | ||||||
3 | populations not included in the target areas and populations | ||||||
4 | set forth in Section 40-25 if the Board determines that there | ||||||
5 | are special circumstances involving the areas or populations | ||||||
6 | served by the applicant. | ||||||
7 | (b) The Board shall consist of 5 voting members appointed | ||||||
8 | by the Governor with the advice and consent of the Senate. The | ||||||
9 | initial members shall have terms as follows as designated by | ||||||
10 | the Governor: one for one year, one for 2 years, one for 3 | ||||||
11 | years, one for 4 years, and one for 5 years, or until a | ||||||
12 | successor is appointed and qualified. Thereafter, members | ||||||
13 | shall serve 5-year terms or until a successor is appointed and | ||||||
14 | qualified. The voting members shall elect a voting member to | ||||||
15 | serve as chair for a one-year term. Vacancies shall be filled | ||||||
16 | in the same manner for the balance of a term.
| ||||||
17 | (c) The Board shall also have 4 non-voting ex officio | ||||||
18 | members appointed as follows: one Representative appointed by | ||||||
19 | the Speaker of the House, one Representative appointed by the | ||||||
20 | House Minority Leader, one Senator appointed by the President | ||||||
21 | of the Senate, and one Senator appointed by the Senate Minority | ||||||
22 | Leader, each to serve at the pleasure of the appointing | ||||||
23 | authority. | ||||||
24 | (d) Members shall receive no compensation, but may be | ||||||
25 | reimbursed for necessary expenses from appropriations to the | ||||||
26 | Department available for that purpose. |
| |||||||
| |||||||
1 | (e) The Board may adopt rules under the Illinois | ||||||
2 | Administrative Procedure Act. | ||||||
3 | (f) A quorum of the Board is at least 3 voting members, and | ||||||
4 | the affirmative vote of at least 3 voting members is required | ||||||
5 | for Board decisions and adoption of rules. | ||||||
6 | (g) The Department shall provide staff and administrative | ||||||
7 | assistance to the Board.
| ||||||
8 | (h) By December 31 of each year, the Board shall file an | ||||||
9 | annual report with the Governor and the General Assembly | ||||||
10 | concerning the Initiative, grants awarded, and grantees and | ||||||
11 | making recommendations for any changes needed to enhance the | ||||||
12 | effectiveness of the Initiative. | ||||||
13 | Section 40-45. Emergency rules. The Department and the | ||||||
14 | Board shall exercise emergency rulemaking authority under the | ||||||
15 | Illinois Administrative Procedure Act to adopt necessary | ||||||
16 | emergency rules for the implementation of this Article. | ||||||
17 | Article 45. | ||||||
18 | Section 45-5. The Illinois Vehicle Code is amended by | ||||||
19 | adding Section 6-305.3 as follows: | ||||||
20 | (625 ILCS 5/6-305.3 new) | ||||||
21 | Sec. 6-305.3. Vehicle license cost recovery fee. | ||||||
22 | (a) As used in this Section: |
| |||||||
| |||||||
1 | "Automobile rental company" means a person or entity whose | ||||||
2 | primary business is renting private passenger vehicles to the | ||||||
3 | public for 30 days or less. | ||||||
4 | "Inspect" or "inspection" means a vehicle emissions | ||||||
5 | inspection under Chapter 13C of this Code. | ||||||
6 | "Rental agreement" means an agreement for 30 days or less | ||||||
7 | setting forth the terms and conditions governing the use of a | ||||||
8 | private passenger vehicle provided by a rental company. | ||||||
9 | "Motor vehicle" means passenger vehicles of the first | ||||||
10 | division and motor vehicles of the second division weighing not | ||||||
11 | more than 8,000 pounds. | ||||||
12 | "Vehicle license cost recovery fee" or "VLCRF" means a | ||||||
13 | charge that may be separately stated and charged on a rental | ||||||
14 | agreement in a vehicle rental transaction originating in | ||||||
15 | Illinois to recover costs incurred by an automobile rental | ||||||
16 | company to license, title, register, and inspect motor | ||||||
17 | vehicles. | ||||||
18 | (b) Automobile rental companies may include a separately | ||||||
19 | stated mandatory surcharge or fee in a rental agreement for | ||||||
20 | vehicle license cost recovery fees (VLCRF) and all applicable | ||||||
21 | taxes. | ||||||
22 | (c) If an automobile rental company includes a VLCRF as | ||||||
23 | separately stated charge in a rental agreement, the amount of | ||||||
24 | the fee must represent the automobile rental company's | ||||||
25 | good-faith estimate of the automobile rental company's daily | ||||||
26 | charge as calculated by the automobile rental company to |
| |||||||
| |||||||
1 | recover its actual total annual motor vehicle titling, | ||||||
2 | registration, and inspection costs. | ||||||
3 | (d) If the total amount of the VLCRF collected by a | ||||||
4 | automobile rental company under this Section in any calendar | ||||||
5 | year exceeds the automobile rental company's actual costs to | ||||||
6 | license, title, register, and inspect for that calendar year, | ||||||
7 | the automobile rental company shall do both of the following: | ||||||
8 | (1) Retain the excess amount; and | ||||||
9 | (2) Adjust the estimated average per vehicle titling, | ||||||
10 | licensing, inspection, and registration charge for the | ||||||
11 | following calendar year by a corresponding amount. | ||||||
12 | (e) Nothing in subsection (d) of this Section shall prevent | ||||||
13 | a automobile rental company from making adjustments to the | ||||||
14 | VLCRF during the calendar year. | ||||||
15 | Article 50. | ||||||
16 | Section 50-5. The State Finance Act is amended by changing | ||||||
17 | Section 13.2 as follows:
| ||||||
18 | (30 ILCS 105/13.2) (from Ch. 127, par. 149.2)
| ||||||
19 | Sec. 13.2. Transfers among line item appropriations.
| ||||||
20 | (a) Transfers among line item appropriations from the same
| ||||||
21 | treasury fund for the objects specified in this Section may be | ||||||
22 | made in
the manner provided in this Section when the balance | ||||||
23 | remaining in one or
more such line item appropriations is |
| |||||||
| |||||||
1 | insufficient for the purpose for
which the appropriation was | ||||||
2 | made.
| ||||||
3 | (a-1) No transfers may be made from one
agency to another | ||||||
4 | agency, nor may transfers be made from one institution
of | ||||||
5 | higher education to another institution of higher education.
| ||||||
6 | (a-2) Except as otherwise provided in this Section, | ||||||
7 | transfers may be made only among the objects of expenditure | ||||||
8 | enumerated
in this Section, except that no funds may be | ||||||
9 | transferred from any
appropriation for personal services, from | ||||||
10 | any appropriation for State
contributions to the State | ||||||
11 | Employees' Retirement System, from any
separate appropriation | ||||||
12 | for employee retirement contributions paid by the
employer, nor | ||||||
13 | from any appropriation for State contribution for
employee | ||||||
14 | group insurance. During State fiscal year 2005, an agency may | ||||||
15 | transfer amounts among its appropriations within the same | ||||||
16 | treasury fund for personal services, employee retirement | ||||||
17 | contributions paid by employer, and State Contributions to | ||||||
18 | retirement systems; notwithstanding and in addition to the | ||||||
19 | transfers authorized in subsection (c) of this Section, the | ||||||
20 | fiscal year 2005 transfers authorized in this sentence may be | ||||||
21 | made in an amount not to exceed 2% of the aggregate amount | ||||||
22 | appropriated to an agency within the same treasury fund. During | ||||||
23 | State fiscal year 2007, the Departments of Children and Family | ||||||
24 | Services, Corrections, Human Services, and Juvenile Justice | ||||||
25 | may transfer amounts among their respective appropriations | ||||||
26 | within the same treasury fund for personal services, employee |
| |||||||
| |||||||
1 | retirement contributions paid by employer, and State | ||||||
2 | contributions to retirement systems. During State fiscal year | ||||||
3 | 2010, the Department of Transportation may transfer amounts | ||||||
4 | among their respective appropriations within the same treasury | ||||||
5 | fund for personal services, employee retirement contributions | ||||||
6 | paid by employer, and State contributions to retirement | ||||||
7 | systems. Notwithstanding, and in addition to, the transfers | ||||||
8 | authorized in subsection (c) of this Section, these transfers | ||||||
9 | may be made in an amount not to exceed 2% of the aggregate | ||||||
10 | amount appropriated to an agency within the same treasury fund.
| ||||||
11 | (a-3) Further, if an agency receives a separate
| ||||||
12 | appropriation for employee retirement contributions paid by | ||||||
13 | the employer,
any transfer by that agency into an appropriation | ||||||
14 | for personal services
must be accompanied by a corresponding | ||||||
15 | transfer into the appropriation for
employee retirement | ||||||
16 | contributions paid by the employer, in an amount
sufficient to | ||||||
17 | meet the employer share of the employee contributions
required | ||||||
18 | to be remitted to the retirement system.
| ||||||
19 | (b) In addition to the general transfer authority provided | ||||||
20 | under
subsection (c), the following agencies have the specific | ||||||
21 | transfer authority
granted in this subsection:
| ||||||
22 | The Department of Healthcare and Family Services is | ||||||
23 | authorized to make transfers
representing savings attributable | ||||||
24 | to not increasing grants due to the
births of additional | ||||||
25 | children from line items for payments of cash grants to
line | ||||||
26 | items for payments for employment and social services for the |
| |||||||
| |||||||
1 | purposes
outlined in subsection (f) of Section 4-2 of the | ||||||
2 | Illinois Public Aid Code.
| ||||||
3 | The Department of Children and Family Services is | ||||||
4 | authorized to make
transfers not exceeding 2% of the aggregate | ||||||
5 | amount appropriated to it within
the same treasury fund for the | ||||||
6 | following line items among these same line
items: Foster Home | ||||||
7 | and Specialized Foster Care and Prevention, Institutions
and | ||||||
8 | Group Homes and Prevention, and Purchase of Adoption and | ||||||
9 | Guardianship
Services.
| ||||||
10 | The Department on Aging is authorized to make transfers not
| ||||||
11 | exceeding 2% of the aggregate amount appropriated to it within | ||||||
12 | the same
treasury fund for the following Community Care Program | ||||||
13 | line items among these
same line items: Homemaker and Senior | ||||||
14 | Companion Services, Alternative Senior Services, Case | ||||||
15 | Coordination
Units, and Adult Day Care Services.
| ||||||
16 | The State Treasurer is authorized to make transfers among | ||||||
17 | line item
appropriations
from the Capital Litigation Trust | ||||||
18 | Fund, with respect to costs incurred in
fiscal years 2002 and | ||||||
19 | 2003 only, when the balance remaining in one or
more such
line | ||||||
20 | item appropriations is insufficient for the purpose for which | ||||||
21 | the
appropriation was
made, provided that no such transfer may | ||||||
22 | be made unless the amount transferred
is no
longer required for | ||||||
23 | the purpose for which that appropriation was made.
| ||||||
24 | The State Board of Education is authorized to make | ||||||
25 | transfers from line item appropriations within the same | ||||||
26 | treasury fund for General State Aid and General State Aid - |
| |||||||
| |||||||
1 | Hold Harmless, provided that no such transfer may be made | ||||||
2 | unless the amount transferred is no longer required for the | ||||||
3 | purpose for which that appropriation was made, to the line item | ||||||
4 | appropriation for Transitional Assistance when the balance | ||||||
5 | remaining in such line item appropriation is insufficient for | ||||||
6 | the purpose for which the appropriation was made. | ||||||
7 | The State Board of Education is authorized to make | ||||||
8 | transfers between the following line item appropriations | ||||||
9 | within the same treasury fund: Disabled Student | ||||||
10 | Services/Materials (Section 14-13.01 of the School Code), | ||||||
11 | Disabled Student Transportation Reimbursement (Section | ||||||
12 | 14-13.01 of the School Code), Disabled Student Tuition - | ||||||
13 | Private Tuition (Section 14-7.02 of the School Code), | ||||||
14 | Extraordinary Special Education (Section 14-7.02b of the | ||||||
15 | School Code), Reimbursement for Free Lunch/Breakfast Program, | ||||||
16 | Summer School Payments (Section 18-4.3 of the School Code), and | ||||||
17 | Transportation - Regular/Vocational Reimbursement (Section | ||||||
18 | 29-5 of the School Code). Such transfers shall be made only | ||||||
19 | when the balance remaining in one or more such line item | ||||||
20 | appropriations is insufficient for the purpose for which the | ||||||
21 | appropriation was made and provided that no such transfer may | ||||||
22 | be made unless the amount transferred is no longer required for | ||||||
23 | the purpose for which that appropriation was made. | ||||||
24 | (c) The sum of such transfers for an agency in a fiscal | ||||||
25 | year shall not
exceed 2% of the aggregate amount appropriated | ||||||
26 | to it within the same treasury
fund for the following objects: |
| |||||||
| |||||||
1 | Personal Services; Extra Help; Student and
Inmate | ||||||
2 | Compensation; State Contributions to Retirement Systems; State
| ||||||
3 | Contributions to Social Security; State Contribution for | ||||||
4 | Employee Group
Insurance; Contractual Services; Travel; | ||||||
5 | Commodities; Printing; Equipment;
Electronic Data Processing; | ||||||
6 | Operation of Automotive Equipment;
Telecommunications | ||||||
7 | Services; Travel and Allowance for Committed, Paroled
and | ||||||
8 | Discharged Prisoners; Library Books; Federal Matching Grants | ||||||
9 | for
Student Loans; Refunds; Workers' Compensation, | ||||||
10 | Occupational Disease, and
Tort Claims; and, in appropriations | ||||||
11 | to institutions of higher education,
Awards and Grants. | ||||||
12 | Notwithstanding the above, any amounts appropriated for
| ||||||
13 | payment of workers' compensation claims to an agency to which | ||||||
14 | the authority
to evaluate, administer and pay such claims has | ||||||
15 | been delegated by the
Department of Central Management Services | ||||||
16 | may be transferred to any other
expenditure object where such | ||||||
17 | amounts exceed the amount necessary for the
payment of such | ||||||
18 | claims.
| ||||||
19 | (c-1) Special provisions for State fiscal year 2003. | ||||||
20 | Notwithstanding any
other provision of this Section to the | ||||||
21 | contrary, for State fiscal year 2003
only, transfers among line | ||||||
22 | item appropriations to an agency from the same
treasury fund | ||||||
23 | may be made provided that the sum of such transfers for an | ||||||
24 | agency
in State fiscal year 2003 shall not exceed 3% of the | ||||||
25 | aggregate amount
appropriated to that State agency for State | ||||||
26 | fiscal year 2003 for the following
objects: personal services, |
| |||||||
| |||||||
1 | except that no transfer may be approved which
reduces the | ||||||
2 | aggregate appropriations for personal services within an | ||||||
3 | agency;
extra help; student and inmate compensation; State
| ||||||
4 | contributions to retirement systems; State contributions to | ||||||
5 | social security;
State contributions for employee group | ||||||
6 | insurance; contractual services; travel;
commodities; | ||||||
7 | printing; equipment; electronic data processing; operation of
| ||||||
8 | automotive equipment; telecommunications services; travel and | ||||||
9 | allowance for
committed, paroled, and discharged prisoners; | ||||||
10 | library books; federal matching
grants for student loans; | ||||||
11 | refunds; workers' compensation, occupational disease,
and tort | ||||||
12 | claims; and, in appropriations to institutions of higher | ||||||
13 | education,
awards and grants.
| ||||||
14 | (c-2) Special provisions for State fiscal year 2005. | ||||||
15 | Notwithstanding subsections (a), (a-2), and (c), for State | ||||||
16 | fiscal year 2005 only, transfers may be made among any line | ||||||
17 | item appropriations from the same or any other treasury fund | ||||||
18 | for any objects or purposes, without limitation, when the | ||||||
19 | balance remaining in one or more such line item appropriations | ||||||
20 | is insufficient for the purpose for which the appropriation was | ||||||
21 | made, provided that the sum of those transfers by a State | ||||||
22 | agency shall not exceed 4% of the aggregate amount appropriated | ||||||
23 | to that State agency for fiscal year 2005.
| ||||||
24 | (d) Transfers among appropriations made to agencies of the | ||||||
25 | Legislative
and Judicial departments and to the | ||||||
26 | constitutionally elected officers in the
Executive branch |
| |||||||
| |||||||
1 | require the approval of the officer authorized in Section 10
of | ||||||
2 | this Act to approve and certify vouchers. Transfers among | ||||||
3 | appropriations
made to the University of Illinois, Southern | ||||||
4 | Illinois University, Chicago State
University, Eastern | ||||||
5 | Illinois University, Governors State University, Illinois
| ||||||
6 | State University, Northeastern Illinois University, Northern | ||||||
7 | Illinois
University, Western Illinois University, the Illinois | ||||||
8 | Mathematics and Science
Academy and the Board of Higher | ||||||
9 | Education require the approval of the Board of
Higher Education | ||||||
10 | and the Governor. Transfers among appropriations to all other
| ||||||
11 | agencies require the approval of the Governor.
| ||||||
12 | The officer responsible for approval shall certify that the
| ||||||
13 | transfer is necessary to carry out the programs and purposes | ||||||
14 | for which
the appropriations were made by the General Assembly | ||||||
15 | and shall transmit
to the State Comptroller a certified copy of | ||||||
16 | the approval which shall
set forth the specific amounts | ||||||
17 | transferred so that the Comptroller may
change his records | ||||||
18 | accordingly. The Comptroller shall furnish the
Governor with | ||||||
19 | information copies of all transfers approved for agencies
of | ||||||
20 | the Legislative and Judicial departments and transfers | ||||||
21 | approved by
the constitutionally elected officials of the | ||||||
22 | Executive branch other
than the Governor, showing the amounts | ||||||
23 | transferred and indicating the
dates such changes were entered | ||||||
24 | on the Comptroller's records.
| ||||||
25 | (e) The State Board of Education, in consultation with the | ||||||
26 | State Comptroller, may transfer line item appropriations for |
| |||||||
| |||||||
1 | General State Aid from the Common School Fund to the Education | ||||||
2 | Assistance Fund. | ||||||
3 | (Source: P.A. 94-839, eff. 6-6-06; 95-707, eff. 1-11-08.)
| ||||||
4 | Article 55. | ||||||
5 | Section 55-5. The Department of Transportation Law of the
| ||||||
6 | Civil Administrative Code of Illinois is amended by changing | ||||||
7 | Section 2705-245 as follows:
| ||||||
8 | (20 ILCS 2705/2705-245) (was 20 ILCS 2705/49.20)
| ||||||
9 | Sec. 2705-245.
Inspection of property and records of | ||||||
10 | applicants for and
recipients of assistance. The Department at | ||||||
11 | reasonable
times may inspect the property
and examine the | ||||||
12 | books, records, and other information relating to the
nature
or | ||||||
13 | adequacy of services, facilities, or equipment of any | ||||||
14 | municipality,
district, or carrier that is receiving or has | ||||||
15 | applied for
assistance under
this Law. It may conduct | ||||||
16 | investigations and hold hearings within or
without
the State. | ||||||
17 | This Section shall not affect the regulatory power of any other
| ||||||
18 | State or local agency with respect to transportation rates and | ||||||
19 | services.
Annual statements of assets, revenues, and expenses | ||||||
20 | and annual audit
reports
shall be submitted to the Department | ||||||
21 | by any each municipality, district, or
carrier receiving or | ||||||
22 | applying for capital assistance from the State when requested | ||||||
23 | by the Department as part of an inspection under this Section .
|
| |||||||
| |||||||
1 | (Source: P.A. 91-239, eff. 1-1-00.)
| ||||||
2 | Section 55-10. The Architectural, Engineering, and Land | ||||||
3 | Surveying
Qualifications Based Selection Act is amended by | ||||||
4 | changing Section 30 as follows:
| ||||||
5 | (30 ILCS 535/30) (from Ch. 127, par. 4151-30)
| ||||||
6 | Sec. 30. Evaluation procedure. A State agency shall | ||||||
7 | evaluate the
firms submitting letters of interest and other | ||||||
8 | prequalified firms,
taking into account qualifications; and | ||||||
9 | the State agency may consider, but
shall not be limited to | ||||||
10 | considering, ability of professional personnel,
past record | ||||||
11 | and experience, performance data on file, willingness to meet
| ||||||
12 | time requirements, location, workload of the firm and any other
| ||||||
13 | qualifications based factors as the State agency may determine | ||||||
14 | in writing
are applicable. The State agency may conduct | ||||||
15 | discussions with and require
public presentations by firms | ||||||
16 | deemed to be the most qualified regarding
their qualifications, | ||||||
17 | approach to the project and ability to furnish the
required | ||||||
18 | services.
| ||||||
19 | A State agency shall establish a committee to select firms | ||||||
20 | to provide
architectural, engineering, and land surveying | ||||||
21 | services. A selection
committee may include at least one public | ||||||
22 | member nominated by a statewide
association of the profession | ||||||
23 | affected. The public member may not be
employed or associated | ||||||
24 | with any firm holding a contract with the State
agency nor may |
| |||||||
| |||||||
1 | the public member's firm be considered for a
contract with
that | ||||||
2 | State agency while he or she is serving as a public member of | ||||||
3 | the
committee.
| ||||||
4 | In addition, the Department of Transportation may appoint | ||||||
5 | public members to selection committees that represent the | ||||||
6 | geographic, ethnic, and cultural diversity of the population of | ||||||
7 | the State, including persons nominated by associations | ||||||
8 | representing minority and female-owned business associations. | ||||||
9 | Public members shall be licensed in the profession affected and | ||||||
10 | shall not be employed by, associated with, or have an ownership | ||||||
11 | interest in any firm holding or seeking to hold a contract | ||||||
12 | while serving as a public member of the committee. | ||||||
13 | In no case shall a State agency, prior to selecting a firm | ||||||
14 | for
negotiation under Section 40, seek formal or informal | ||||||
15 | submission of verbal
or written estimates of costs or proposals | ||||||
16 | in terms of dollars, hours
required, percentage of construction | ||||||
17 | cost, or any other measure of
compensation.
| ||||||
18 | (Source: P.A. 91-357, eff. 7-29-99.)
| ||||||
19 | Section 55-15. The Motor Fuel Tax Law is amended by | ||||||
20 | changing Section 19 as follows:
| ||||||
21 | (35 ILCS 505/19) (from Ch. 120, par. 433.2)
| ||||||
22 | Sec. 19.
A committee is hereby established to advise the | ||||||
23 | Governor on
the administration of the Department's | ||||||
24 | Disadvantaged Business Enterprise
Program, and on the |
| |||||||
| |||||||
1 | Department's compliance with workforce equal
opportunity | ||||||
2 | goals. The committee shall have 8 9 members appointed by the | ||||||
3 | Governor
with the concurrence of the Senate, as follows: one | ||||||
4 | member shall be chosen from
a civic organization whose purpose | ||||||
5 | is to assure equal opportunity in the
workforce; and 7 members | ||||||
6 | shall be chosen from industry, 5 of whom
shall be owners of | ||||||
7 | certified disadvantaged business enterprises ; and one
member | ||||||
8 | shall be an employee of the Illinois Department of | ||||||
9 | Transportation .
| ||||||
10 | The committee shall report to the Governor semi-annually, | ||||||
11 | and shall
advise the General Assembly annually of the status of | ||||||
12 | the Department's
administration of the Disadvantaged Business | ||||||
13 | Enterprise Program and on the
Department's compliance with | ||||||
14 | workforce equal opportunity goals.
| ||||||
15 | The activities of the committee shall encompass the review | ||||||
16 | of issues,
concerns, questions, policies and procedures | ||||||
17 | pertaining to the
administration of the Disadvantaged Business | ||||||
18 | Enterprise Program and the
Department's compliance with | ||||||
19 | workforce equal opportunity goals.
| ||||||
20 | Members' expenses associated with committee activities | ||||||
21 | shall be
reimbursed at the State rate.
| ||||||
22 | (Source: P.A. 86-16.)
| ||||||
23 | Section 55-20. The Permanent Noise Monitoring Act is | ||||||
24 | amended by changing Sections 5, 10, and 15 as follows:
|
| |||||||
| |||||||
1 | (620 ILCS 35/5) (from Ch. 15 1/2, par. 755)
| ||||||
2 | Sec. 5. Definitions. As used in this Act:
| ||||||
3 | (a) "Airport" means an airport, as defined in Section 6 of | ||||||
4 | the Illinois
Aeronautics Act, that has more than 500,000 | ||||||
5 | aircraft operations (take-offs
and landings) per year. | ||||||
6 | (a-1) "Airport sponsor" means any municipality, as defined | ||||||
7 | in Section 20 of the Illinois
Aeronautics Act, that can own and | ||||||
8 | operate an airport.
| ||||||
9 | (b) "Permanent noise monitoring system" or "system" means a | ||||||
10 | system that
includes at least:
| ||||||
11 | (1) automated noise monitors capable of recording | ||||||
12 | noise levels 24
hours per day 365 days per year; and
| ||||||
13 | (2) computer equipment sufficient to process the data | ||||||
14 | from each noise
monitor so that permanent noise monitoring | ||||||
15 | reports in accordance with
Section 15 of this Act can be | ||||||
16 | generated.
| ||||||
17 | (c) "Division" means the Division of Aeronautics of the | ||||||
18 | Illinois
Department of Transportation.
| ||||||
19 | (d) "Ldn" means day-night average sound level. "Day-night | ||||||
20 | average sound
level" has the meaning ascribed to it in Section | ||||||
21 | 150.7 of Part 150
of Title 14 of the Code of Federal | ||||||
22 | Regulations.
| ||||||
23 | (Source: P.A. 87-808.)
| ||||||
24 | (620 ILCS 35/10) (from Ch. 15 1/2, par. 760)
| ||||||
25 | Sec. 10. Establishment of permanent noise monitoring |
| |||||||
| |||||||
1 | systems. No
later than December 31, 2008 1992 , each airport | ||||||
2 | shall have an operable permanent
noise monitoring system. The | ||||||
3 | system shall be designed, constructed, and
operated by the | ||||||
4 | airport sponsor Division . The airport sponsor shall be | ||||||
5 | responsible for the construction or the design and construction | ||||||
6 | of any system not constructed or designed and constructed as of | ||||||
7 | the effective date of this amendatory Act of the 96th General | ||||||
8 | Assembly. The cost of the systems and of the permanent
noise | ||||||
9 | monitoring reports under Section 15 of this Act shall be borne
| ||||||
10 | by the airport sponsor State of Illinois .
| ||||||
11 | (Source: P.A. 87-808.)
| ||||||
12 | (620 ILCS 35/15) (from Ch. 15 1/2, par. 765)
| ||||||
13 | Sec. 15. Permanent noise monitoring reports. Beginning in | ||||||
14 | 1993 and through 2008 , the
Division shall, on June 30th and | ||||||
15 | December 31st of each
year, prepare a permanent noise | ||||||
16 | monitoring report and make the
report available to the public. | ||||||
17 | Beginning in 2009, the
airport sponsor shall, on June 30th and | ||||||
18 | December 31st of each
year, prepare a permanent noise | ||||||
19 | monitoring report and make the
report available to the public. | ||||||
20 | Copies of the report shall be
submitted to: the Office of the | ||||||
21 | Governor; the Office of the President of
the Senate; the Office | ||||||
22 | of the Senate Minority Leader; the Office of the
Speaker of the | ||||||
23 | House; the Office of the House Minority Leader; the United
| ||||||
24 | States Environmental Protection Agency, Region V; and the | ||||||
25 | Illinois
Environmental Protection Agency. Beginning in 2009, a |
| |||||||
| |||||||
1 | copy of the report shall also be submitted to the division. The | ||||||
2 | permanent noise monitoring report
shall contain all of the | ||||||
3 | following:
| ||||||
4 | (a) Copies of the actual data collected by each permanent | ||||||
5 | noise monitor
in the system.
| ||||||
6 | (b) A summary of the data collected by each permanent noise | ||||||
7 | monitor in
the system, showing the data organized by:
| ||||||
8 | (1) day of the week;
| ||||||
9 | (2) time of day;
| ||||||
10 | (3) week of the year;
| ||||||
11 | (4) type of aircraft; and
| ||||||
12 | (5) the single highest noise event recorded at each | ||||||
13 | monitor.
| ||||||
14 | (c) Noise contour maps showing the 65 Ldn, 70 Ldn and 75 | ||||||
15 | Ldn zones
around the airport.
| ||||||
16 | (d) Noise contour maps showing the 65 decibel (dBA), 70 | ||||||
17 | dBA, and 75
dBA zones around the airport for:
| ||||||
18 | (1) 7:00 a.m. to 10:00 p.m.;
| ||||||
19 | (2) 10:00 p.m. to 7:00 a.m.; and
| ||||||
20 | (3) types of aircraft.
| ||||||
21 | (e) The noise contour maps produced under subsections (c) | ||||||
22 | and (d)
shall also indicate:
| ||||||
23 | (1) residential areas (single and multi-family);
| ||||||
24 | (2) schools;
| ||||||
25 | (3) hospitals and nursing homes;
| ||||||
26 | (4) recreational areas, including but not limited to |
| |||||||
| |||||||
1 | parks and
forest preserves;
| ||||||
2 | (5) commercial areas;
| ||||||
3 | (6) industrial areas;
| ||||||
4 | (7) the boundary of the airport;
| ||||||
5 | (8) the number of residences (single and multi-family) | ||||||
6 | within each
contour;
| ||||||
7 | (9) the number of residents within each contour;
| ||||||
8 | (10) the number of schools within each contour; and
| ||||||
9 | (11) the number of school students within each contour.
| ||||||
10 | (f) Through 2008, a A certification by the Division that | ||||||
11 | the system was in proper
working order during the period or, if | ||||||
12 | it was not, a specific description
of any and all problems with | ||||||
13 | the System during the period. | ||||||
14 | (g) Beginning in 2009, a certification by the airport | ||||||
15 | sponsor that the system was in proper
working order during the | ||||||
16 | period or, if it was not, a specific description
of any and all | ||||||
17 | problems with the system during the period.
| ||||||
18 | (Source: P.A. 87-808.)
| ||||||
19 | Article 60. | ||||||
20 | Section 60-5. If and only if House Bill 255 of the 96th | ||||||
21 | General Assembly becomes law, the Video Gaming Act is amended | ||||||
22 | by changing Sections 5, 15, 25, 35, 45, 50, 58, and 60 and by | ||||||
23 | adding Sections 80 and 85 as follows: |
| |||||||
| |||||||
1 | (09600HB0255enr. Sec. 5)
| ||||||
2 | Sec. 5. Definitions. As used in this Act:
| ||||||
3 | "Board" means the Illinois Gaming Board.
| ||||||
4 | "Credit" means 5, 10, or 25 cents either won or purchased | ||||||
5 | by a player.
| ||||||
6 | "Distributor" means an individual, partnership, or | ||||||
7 | corporation licensed under
this Act to buy, sell, lease, or | ||||||
8 | distribute video gaming terminals or major
components or parts | ||||||
9 | of video gaming terminals to or from terminal
operators.
| ||||||
10 | "Terminal operator" means an individual, partnership or | ||||||
11 | corporation that is
licensed under this Act and that owns, | ||||||
12 | services, and maintains video
gaming terminals for placement in | ||||||
13 | licensed establishments, licensed fraternal
establishments, or | ||||||
14 | licensed veterans establishments.
| ||||||
15 | "Licensed technician" means an individual
who
is licensed | ||||||
16 | under this Act to repair,
service, and maintain
video gaming | ||||||
17 | terminals.
| ||||||
18 | "Licensed terminal handler" means a person, including but | ||||||
19 | not limited to an employee or independent contractor working | ||||||
20 | for a manufacturer, distributor, supplier, technician, or | ||||||
21 | terminal operator, who is licensed under this Act to possess or | ||||||
22 | control a video gaming terminal or to have access to the inner | ||||||
23 | workings of a video gaming terminal. A licensed terminal | ||||||
24 | handler does not include an individual, partnership, or | ||||||
25 | corporation defined as a manufacturer, distributor, supplier, | ||||||
26 | technician, or terminal operator under this Act. |
| |||||||
| |||||||
1 | "Manufacturer" means an individual, partnership, or | ||||||
2 | corporation that is
licensed under this Act and that | ||||||
3 | manufactures or assembles video gaming
terminals.
| ||||||
4 | "Supplier" means an individual, partnership, or | ||||||
5 | corporation that is
licensed under this Act to supply major | ||||||
6 | components or parts to video gaming
terminals to licensed
| ||||||
7 | terminal operators.
| ||||||
8 | "Net terminal income" means money put into a video gaming | ||||||
9 | terminal minus
credits paid out to players.
| ||||||
10 | "Video gaming terminal" means any electronic video game | ||||||
11 | machine
that, upon insertion of cash, is available to play or | ||||||
12 | simulate the play of
a video game, including but not limited to | ||||||
13 | video poker, line up, and blackjack, as
authorized by the Board | ||||||
14 | utilizing a video display and microprocessors in
which the | ||||||
15 | player may receive free games or credits that can be
redeemed | ||||||
16 | for cash. The term does not include a machine that directly
| ||||||
17 | dispenses coins, cash, or tokens or is for amusement purposes | ||||||
18 | only.
| ||||||
19 | "Licensed establishment" means any licensed retail | ||||||
20 | establishment where
alcoholic liquor is drawn, poured, mixed, | ||||||
21 | or otherwise served for consumption
on the premises. "Licensed | ||||||
22 | establishment" does not include a facility operated by an | ||||||
23 | organization licensee, an intertrack wagering licensee, or an | ||||||
24 | intertrack wagering location licensee licensed under the | ||||||
25 | Illinois Horse Racing Act of 1975 or a riverboat licensed under | ||||||
26 | the Riverboat Gambling Act.
|
| |||||||
| |||||||
1 | "Licensed fraternal establishment" means the location | ||||||
2 | where a qualified
fraternal organization that derives its | ||||||
3 | charter from a national fraternal
organization regularly | ||||||
4 | meets.
| ||||||
5 | "Licensed veterans establishment" means the location where | ||||||
6 | a qualified
veterans organization that derives its charter from | ||||||
7 | a national veterans
organization regularly meets.
| ||||||
8 | "Licensed truck stop establishment" means a facility that | ||||||
9 | is at least a
3-acre facility with a convenience store and with | ||||||
10 | separate diesel
islands for fueling commercial motor vehicles | ||||||
11 | and parking spaces for commercial
motor vehicles as defined in | ||||||
12 | Section 18b-101 of the Illinois Vehicle Code.
| ||||||
13 | (Source: 09600HB0255enr.) | ||||||
14 | (09600HB0255enr. Sec. 15)
| ||||||
15 | Sec. 15. Minimum requirements for
licensing and | ||||||
16 | registration. Every video gaming terminal offered for
play | ||||||
17 | shall first be
tested and approved pursuant to the rules of the | ||||||
18 | Board, and
each video gaming terminal offered in this State for | ||||||
19 | play shall conform to an
approved
model. The Board may utilize | ||||||
20 | the services of an independent outside testing laboratory for | ||||||
21 | the
examination of video gaming machines and associated | ||||||
22 | equipment as required
by this Section. Every video gaming | ||||||
23 | terminal offered in this State for play must meet minimum | ||||||
24 | standards set by an independent outside testing laboratory | ||||||
25 | approved by the Board. Each approved model shall, at a minimum, |
| |||||||
| |||||||
1 | meet the following
criteria:
| ||||||
2 | (1) It must conform to all requirements of federal law | ||||||
3 | and
regulations, including FCC Class A
Emissions | ||||||
4 | Standards.
| ||||||
5 | (2) It must theoretically pay out a mathematically | ||||||
6 | demonstrable percentage
during the expected lifetime of | ||||||
7 | the machine
of all amounts played, which must not be less | ||||||
8 | than 80%. Video gaming
terminals that may be affected by | ||||||
9 | skill must meet this standard when using a
method of play | ||||||
10 | that will provide the greatest return to the player over a
| ||||||
11 | period of continuous play.
| ||||||
12 | (3) It must use a random selection process to determine | ||||||
13 | the outcome of
each play of a game. The random selection | ||||||
14 | process must meet 99% confidence
limits using a standard | ||||||
15 | chi-squared test for (randomness) goodness of fit.
| ||||||
16 | (4) It must display an accurate representation of the | ||||||
17 | game outcome.
| ||||||
18 | (5) It must not automatically alter pay tables or any | ||||||
19 | function of the
video gaming terminal based on internal | ||||||
20 | computation of hold percentage or have
any means of | ||||||
21 | manipulation that affects the random selection process or
| ||||||
22 | probabilities of winning a game.
| ||||||
23 | (6) It must not be adversely affected by static | ||||||
24 | discharge or other
electromagnetic interference.
| ||||||
25 | (7) It must be capable of detecting and displaying the | ||||||
26 | following
conditions
during idle states or on demand: power |
| |||||||
| |||||||
1 | reset; door open; and door just closed.
| ||||||
2 | (8) It must have the capacity to display complete play | ||||||
3 | history
(outcome, intermediate play steps, credits | ||||||
4 | available, bets placed, credits
paid, and credits cashed | ||||||
5 | out) for the most recent game played and 10 games
prior
| ||||||
6 | thereto.
| ||||||
7 | (9) The theoretical payback percentage of a video | ||||||
8 | gaming terminal must
not be
capable of being changed | ||||||
9 | without making a hardware or software change in
the video | ||||||
10 | gaming terminal.
| ||||||
11 | (10) Video gaming terminals must be designed so that | ||||||
12 | replacement of
parts or modules required for normal | ||||||
13 | maintenance does not necessitate
replacement of the | ||||||
14 | electromechanical meters.
| ||||||
15 | (11) It must have nonresettable meters housed in a | ||||||
16 | locked area of the
terminal that
keep a permanent record of | ||||||
17 | all cash inserted into the machine, all winnings
made by | ||||||
18 | the terminal printer, credits played in for video gaming | ||||||
19 | terminals, and
credits won by video gaming players. The | ||||||
20 | video gaming terminal must provide
the means for on-demand | ||||||
21 | display of stored information as determined by the
Board.
| ||||||
22 | (12) Electronically stored meter information required | ||||||
23 | by this Section
must be preserved for a minimum of 180 days | ||||||
24 | after a power loss to the service.
| ||||||
25 | (13) It must have one or more mechanisms that accept | ||||||
26 | cash in the
form of
bills. The mechanisms shall be designed |
| |||||||
| |||||||
1 | to prevent obtaining credits without
paying by stringing, | ||||||
2 | slamming, drilling, or other means. If such attempts at | ||||||
3 | physical tampering are made, the video gaming terminal | ||||||
4 | shall suspend itself from operating until reset.
| ||||||
5 | (14) It shall have accounting software that keeps an | ||||||
6 | electronic record
which includes, but is not limited to, | ||||||
7 | the following: total cash inserted
into the video gaming | ||||||
8 | terminal; the value of winning tickets claimed by
players; | ||||||
9 | the
total credits played; and the total
credits awarded
by | ||||||
10 | a video gaming terminal ; and pay back percentage credited | ||||||
11 | to players of each video game .
| ||||||
12 | (15) It shall be linked by a central communications | ||||||
13 | system
to provide
auditing program information as approved | ||||||
14 | by the Board. The central communications system shall use a | ||||||
15 | standard industry protocol, as defined by the Gaming | ||||||
16 | Standards Association, and shall have the functionality to | ||||||
17 | enable the Board or its designee to activate or deactivate | ||||||
18 | individual gaming devices from the central communications | ||||||
19 | system. In no event may the
communications system approved | ||||||
20 | by the Board limit participation to only one
manufacturer | ||||||
21 | of video gaming terminals by either the cost in | ||||||
22 | implementing
the necessary program modifications to | ||||||
23 | communicate or the inability to
communicate with the | ||||||
24 | central communications system.
| ||||||
25 | (16) The Board, in its discretion, may require video | ||||||
26 | gaming terminals to display Amber Alert messages if the |
| |||||||
| |||||||
1 | Board makes a finding that it would be economically and | ||||||
2 | technically feasible and pose no risk to the integrity and | ||||||
3 | security of the central communications system and video | ||||||
4 | gaming terminals. It shall be able to receive and broadcast | ||||||
5 | amber alert messages.
| ||||||
6 | The Board may adopt rules to establish additional criteria | ||||||
7 | to preserve the integrity and security of video gaming in this | ||||||
8 | State. | ||||||
9 | (Source: 09600HB0255enr.) | ||||||
10 | (09600HB0255enr. Sec. 25)
| ||||||
11 | Sec. 25. Restriction of licensees.
| ||||||
12 | (a) Manufacturer. A person may not be licensed as a | ||||||
13 | manufacturer of a
video gaming terminal in Illinois unless the | ||||||
14 | person has a valid
manufacturer's license issued
under this | ||||||
15 | Act. A manufacturer may only sell video gaming terminals for | ||||||
16 | use
in Illinois to
persons having a valid distributor's | ||||||
17 | license.
| ||||||
18 | (b) Distributor. A person may not sell, distribute, or | ||||||
19 | lease
or market a video gaming terminal in Illinois unless the | ||||||
20 | person has a valid
distributor's
license issued under this Act. | ||||||
21 | A distributor may only sell video gaming
terminals for use in
| ||||||
22 | Illinois to persons having a valid distributor's or terminal | ||||||
23 | operator's
license.
| ||||||
24 | (c) Terminal operator. A person may not own, maintain, or | ||||||
25 | place a video gaming terminal unless he has a valid terminal |
| |||||||
| |||||||
1 | operator's
license issued
under this Act. A terminal operator | ||||||
2 | may only place video gaming terminals for
use in
Illinois in | ||||||
3 | licensed establishments, licensed truck stop establishments, | ||||||
4 | licensed fraternal establishments,
and
licensed veterans | ||||||
5 | establishments.
No terminal operator may give anything of | ||||||
6 | value, including but not limited to
a loan or financing | ||||||
7 | arrangement, to a licensed establishment, licensed truck stop | ||||||
8 | establishment,
licensed fraternal establishment, or licensed | ||||||
9 | veterans establishment as
any incentive or inducement to locate | ||||||
10 | video terminals in that establishment.
Of the after-tax profits
| ||||||
11 | from a video gaming terminal, 50% shall be paid to the terminal
| ||||||
12 | operator and 50% shall be paid to the licensed establishment, | ||||||
13 | licensed truck stop establishment,
licensed fraternal | ||||||
14 | establishment, or
licensed veterans establishment.
No terminal
| ||||||
15 | operator may own or have a substantial interest in more than 5% | ||||||
16 | of the video
gaming terminals licensed in this State. A video | ||||||
17 | terminal operator that violates one or more requirements of | ||||||
18 | this subsection is guilty of a Class 4 felony and is subject to | ||||||
19 | termination of his or her license by the Board.
| ||||||
20 | (d) Licensed technician. A person may not service, | ||||||
21 | maintain, or repair a
video gaming terminal
in this State | ||||||
22 | unless he or she (1) has a valid technician's license issued
| ||||||
23 | under this Act, (2) is a terminal operator, or (3) is employed | ||||||
24 | by a terminal
operator, distributor, or manufacturer.
| ||||||
25 | (d-5) Licensed terminal handler. No person, including but | ||||||
26 | not limited to an employee or independent contractor working |
| |||||||
| |||||||
1 | for a manufacturer, distributor, supplier, technician, or | ||||||
2 | terminal operator licensed pursuant to this Act, shall have | ||||||
3 | possession or control of a video gaming terminal, or access to | ||||||
4 | the inner workings of a video gaming terminal, unless that | ||||||
5 | person possesses a valid terminal handler's license issued | ||||||
6 | under this Act. | ||||||
7 | (e) Licensed establishment. No video gaming terminal may be | ||||||
8 | placed in any licensed establishment, licensed veterans | ||||||
9 | establishment, licensed truck stop establishment,
or licensed | ||||||
10 | fraternal establishment
unless the owner
or agent of the owner | ||||||
11 | of the licensed establishment, licensed veterans | ||||||
12 | establishment, licensed truck stop establishment, or licensed
| ||||||
13 | fraternal establishment has entered into a
written use | ||||||
14 | agreement with the terminal operator for placement of the
| ||||||
15 | terminals. A copy of the use agreement shall be on file in the | ||||||
16 | terminal
operator's place of business and available for | ||||||
17 | inspection by individuals
authorized by the Board. A licensed | ||||||
18 | establishment, licensed truck stop establishment, licensed | ||||||
19 | veterans establishment,
or
licensed
fraternal
establishment | ||||||
20 | may operate up to 5 video gaming terminals on its premises at | ||||||
21 | any
time , unless the Board authorizes a greater number .
| ||||||
22 | (f) Residency requirement. Each licensed distributor and | ||||||
23 | terminal
operator
must be an Illinois
resident. However, if an | ||||||
24 | out of state distributor or terminal operator
has performed its | ||||||
25 | respective business
within Illinois for at least 48 months | ||||||
26 | prior to the effective date of this
Act, the out of state |
| |||||||
| |||||||
1 | person may be eligible for
licensing under this Act, upon | ||||||
2 | application to and approval of the Board.
| ||||||
3 | (g) Financial interest restrictions.
As used in this Act, | ||||||
4 | "substantial interest" in a partnership, a corporation, an
| ||||||
5 | organization, an association, or a business means:
| ||||||
6 | (A) When, with respect to a sole proprietorship, an | ||||||
7 | individual or
his or her spouse owns, operates, | ||||||
8 | manages, or conducts, directly
or indirectly, the | ||||||
9 | organization, association, or business, or any part | ||||||
10 | thereof;
or
| ||||||
11 | (B) When, with respect to a partnership, the | ||||||
12 | individual or his or
her spouse shares in any of the | ||||||
13 | profits, or potential profits,
of the partnership | ||||||
14 | activities; or
| ||||||
15 | (C) When, with respect to a corporation, an | ||||||
16 | individual or his or her
spouse is an officer or | ||||||
17 | director, or the individual or his or her spouse is a | ||||||
18 | holder, directly or beneficially, of 5% or more of any | ||||||
19 | class
of stock of the corporation; or
| ||||||
20 | (D) When, with respect to an organization not | ||||||
21 | covered in (A), (B) or
(C) above, an individual or his | ||||||
22 | or her spouse is an officer or manages the
business | ||||||
23 | affairs, or the individual or his or her spouse is the
| ||||||
24 | owner of or otherwise controls 10% or more of the | ||||||
25 | assets of the organization;
or
| ||||||
26 | (E) When an individual or his or her spouse |
| |||||||
| |||||||
1 | furnishes
5% or more of the capital, whether in cash, | ||||||
2 | goods, or services, for the
operation of any business, | ||||||
3 | association, or organization during any calendar
year.
| ||||||
4 | (h) Location restriction. A licensed establishment, | ||||||
5 | licensed truck stop establishment, licensed
fraternal
| ||||||
6 | establishment, or licensed veterans establishment that is (i) | ||||||
7 | located within 1,000
feet of a facility operated by an | ||||||
8 | organizational licensee, an intertrack wagering licensee, or | ||||||
9 | an intertrack wagering location licensee licensed under the | ||||||
10 | Illinois Horse Racing Act of 1975, or the home dock of a | ||||||
11 | riverboat licensed under the Riverboat
Gambling Act or (ii) | ||||||
12 | located within 100 feet of , a school , or a place of worship | ||||||
13 | under the Religious Corporation Act , is ineligible to operate a | ||||||
14 | video gaming terminal.
| ||||||
15 | (i) The provisions of the Illinois Antitrust Act are fully | ||||||
16 | and equally applicable to the activities of any licensee under | ||||||
17 | this Act. | ||||||
18 | (Source: 09600HB0255enr.) | ||||||
19 | (09600HB0255enr. Sec. 35)
| ||||||
20 | Sec. 35. Display of license; confiscation; violation as | ||||||
21 | felony. | ||||||
22 | (a) Each
video gaming terminal shall be licensed by the | ||||||
23 | Board before placement
or operation on the premises of a | ||||||
24 | licensed establishment, licensed truck stop
establishment, | ||||||
25 | licensed
fraternal establishment, or licensed veterans |
| |||||||
| |||||||
1 | establishment. The license of
each video gaming terminal shall | ||||||
2 | be maintained
at the location where the video gaming terminal | ||||||
3 | is operated. Failure to do so
is a petty offense with a fine
| ||||||
4 | not to exceed $100.
Any licensed establishment, licensed truck | ||||||
5 | stop establishment, licensed
fraternal establishment, or | ||||||
6 | licensed
veterans establishment
used for the conduct of | ||||||
7 | gambling games in violation of this Act shall be
considered a | ||||||
8 | gambling place in violation of Section 28-3 of the Criminal
| ||||||
9 | Code of 1961. Every gambling device found in
a licensed | ||||||
10 | establishment, licensed truck stop establishment, licensed | ||||||
11 | fraternal
establishment, or licensed
veterans establishment | ||||||
12 | operating gambling games in violation of this
Act shall be | ||||||
13 | subject to seizure, confiscation, and destruction as provided
| ||||||
14 | in Section 28-5 of the Criminal Code of 1961.
Any license | ||||||
15 | issued under the Liquor Control Act
of 1934 to any owner or | ||||||
16 | operator of a licensed establishment, licensed truck
stop | ||||||
17 | establishment, licensed
fraternal establishment, or licensed | ||||||
18 | veterans establishment that operates or
permits the operation | ||||||
19 | of a video gaming terminal within its establishment in
| ||||||
20 | violation of this Act shall be immediately revoked.
No person | ||||||
21 | may own, operate, have in his or her possession or custody or | ||||||
22 | under
his or her control, or permit to be kept in any place | ||||||
23 | under his or her
possession or control, any
device that awards | ||||||
24 | credits and contains a circuit, meter, or switch capable of
| ||||||
25 | removing and recording the removal of credits when the award of | ||||||
26 | credits is
dependent upon chance. A violation of this Section |
| |||||||
| |||||||
1 | is a Class 4 felony. All
devices that are owned, operated, or | ||||||
2 | possessed in violation of this Section are
hereby declared to | ||||||
3 | be public nuisances and shall be subject to seizure,
| ||||||
4 | confiscation, and destruction as provided in Section 28-5 of | ||||||
5 | the Criminal Code
of 1961.
The provisions of this Section do | ||||||
6 | not apply to devices or electronic video
game terminals | ||||||
7 | licensed pursuant to this Act. A video gaming terminal operated | ||||||
8 | for amusement only and bearing a valid amusement tax sticker | ||||||
9 | issued prior to the effective date of this amendatory Act of | ||||||
10 | the 96th General Assembly shall not be subject to this Section | ||||||
11 | until the sooner of (i) the expiration of the amusement tax | ||||||
12 | sticker or (ii) 30 days after the Board establishes that the | ||||||
13 | central communications system is functional.
| ||||||
14 | (b) (1) The odds of winning each video game shall be posted | ||||||
15 | on or near each video gaming terminal. The manner in which the | ||||||
16 | odds are calculated and how they are posted shall be determined | ||||||
17 | by the Board by rule. | ||||||
18 | (2) No video gaming terminal licensed under this Act may be | ||||||
19 | played except during the legal hours of operation allowed for | ||||||
20 | the consumption of alcoholic beverages at the licensed | ||||||
21 | establishment, licensed fraternal establishment, or licensed | ||||||
22 | veterans establishment. A licensed establishment, licensed | ||||||
23 | fraternal establishment, or licensed veterans establishment | ||||||
24 | that violates this subsection is subject to termination of its | ||||||
25 | license by the Board. | ||||||
26 | (Source: 09600HB0255enr.) |
| |||||||
| |||||||
1 | (09600HB0255enr. Sec. 45)
| ||||||
2 | Sec. 45. Issuance of license.
| ||||||
3 | (a) The burden is upon each applicant to
demonstrate his | ||||||
4 | suitability for licensure. Each video gaming terminal
| ||||||
5 | manufacturer, distributor, supplier, operator, handler, | ||||||
6 | licensed establishment, licensed truck stop establishment, | ||||||
7 | licensed
fraternal
establishment, and licensed veterans | ||||||
8 | establishment shall be
licensed by the Board.
The Board may | ||||||
9 | issue or deny a license under this Act to any person pursuant | ||||||
10 | to the same criteria set forth in Section 9 of the Riverboat | ||||||
11 | Gambling Act.
| ||||||
12 | (b) Each person seeking and possessing a license as a video | ||||||
13 | gaming terminal manufacturer, distributor, supplier, operator, | ||||||
14 | handler, licensed establishment, licensed truck stop | ||||||
15 | establishment, licensed fraternal establishment, or licensed | ||||||
16 | veterans establishment shall submit to a background | ||||||
17 | investigation conducted by the Board with the assistance of the | ||||||
18 | State Police or other law enforcement. The background | ||||||
19 | investigation shall include each beneficiary of a trust, each | ||||||
20 | partner of a partnership, and each director and officer and all | ||||||
21 | stockholders of 5% or more in a parent or subsidiary | ||||||
22 | corporation of a video gaming terminal manufacturer, | ||||||
23 | distributor, supplier, operator, or licensed establishment, | ||||||
24 | licensed truck stop establishment, licensed fraternal | ||||||
25 | establishment, or licensed veterans establishment. |
| |||||||
| |||||||
1 | (c) Each person seeking and possessing a license as a video | ||||||
2 | gaming terminal manufacturer, distributor, supplier, operator, | ||||||
3 | handler, licensed establishment, licensed truck stop | ||||||
4 | establishment, licensed fraternal establishment, or licensed | ||||||
5 | veterans establishment shall disclose the identity of every | ||||||
6 | person, association, trust, or corporation having a greater | ||||||
7 | than 1% direct or indirect pecuniary interest in the video | ||||||
8 | gaming terminal operation to which the license is sought. If | ||||||
9 | the disclosed entity is a trust, the application shall disclose | ||||||
10 | the names and addresses of the beneficiaries; if a corporation, | ||||||
11 | the names and addresses of all stockholders and directors; if a | ||||||
12 | partnership, the names and addresses of all partners, both | ||||||
13 | general and limited. | ||||||
14 | (d) No person may be licensed as a video gaming terminal | ||||||
15 | manufacturer, distributor, supplier, operator, handler, | ||||||
16 | licensed establishment, licensed truck stop establishment, | ||||||
17 | licensed fraternal establishment, or licensed veterans | ||||||
18 | establishment if that person has been found by the Board to: | ||||||
19 | (1) have a background, including a criminal record, | ||||||
20 | reputation, habits, social or business associations, or | ||||||
21 | prior activities that pose a threat to the public interests | ||||||
22 | of the State or to the security and integrity of video | ||||||
23 | gaming; | ||||||
24 | (2) create or enhance the dangers of unsuitable, | ||||||
25 | unfair, or illegal practices, methods, and activities in | ||||||
26 | the conduct of video gaming; or |
| |||||||
| |||||||
1 | (3) present questionable business practices and | ||||||
2 | financial arrangements incidental to the conduct of video | ||||||
3 | gaming activities. | ||||||
4 | (e) Any applicant for any license under this Act has the | ||||||
5 | burden of proving his or her qualifications to the satisfaction | ||||||
6 | of the Board. The Board may adopt rules to establish additional | ||||||
7 | qualifications and requirements to preserve the integrity and | ||||||
8 | security of video gaming in this State. | ||||||
9 | (f) (b) A non-refundable application fee shall be paid at | ||||||
10 | the time an
application for a license is filed with the Board | ||||||
11 | in the following amounts:
| ||||||
12 | (1) Manufacturer ..........................$5,000
| ||||||
13 | (2) Distributor ...........................$5,000
| ||||||
14 | (3) Terminal operator .....................$5,000
| ||||||
15 | (4) Supplier ..............................$2,500
| ||||||
16 | (5) Technician ..............................$100
| ||||||
17 | (6) Terminal Handler ..............................$50 | ||||||
18 | (c) (Blank). | ||||||
19 | (g) (d) Each licensed distributor, terminal operator, or | ||||||
20 | person with a
substantial interest in a distributor or terminal | ||||||
21 | operator must have
resided in Illinois for at least 24 months | ||||||
22 | prior to application unless he
or she has performed his or her | ||||||
23 | respective business in Illinois for at least 48
months prior
to | ||||||
24 | the effective date of this Act. | ||||||
25 | The Board shall establish an
annual fee for each license | ||||||
26 | not to exceed the following: |
| |||||||
| |||||||
1 | (1) Manufacturer .........................$10,000
| ||||||
2 | (2) Distributor ..........................$10,000
| ||||||
3 | (3) Terminal operator .....................$5,000
| ||||||
4 | (4) Supplier ..............................$2,000
| ||||||
5 | (5) Technician ..............................$100
| ||||||
6 | (6) Licensed establishment, licensed truck stop
| ||||||
7 | establishment, licensed fraternal establishment,
| ||||||
8 | or licensed veterans establishment ..............$100
| ||||||
9 | (7) Video gaming terminal ...................$100
| ||||||
10 | (8) Terminal Handler ..............................$50
| ||||||
11 | (Source: 09600HB0255enr.) | ||||||
12 | (09600HB0255enr. Sec. 50)
| ||||||
13 | Sec. 50. Distribution of license fees.
| ||||||
14 | (a) All fees collected under Section 45 shall be deposited | ||||||
15 | into the State Gaming
Fund.
| ||||||
16 | (b) Fees collected under Section 45 shall be used as | ||||||
17 | follows:
| ||||||
18 | (1) Twenty-five percent shall be paid , subject to | ||||||
19 | appropriation by the General Assembly, to the Department of | ||||||
20 | Human Services for administration of to programs for the | ||||||
21 | treatment of
compulsive gambling.
| ||||||
22 | (2) Seventy-five percent shall be used for the | ||||||
23 | administration of this
Act.
| ||||||
24 | (c) All licenses issued by the Board under this Act are | ||||||
25 | renewable annually
unless sooner cancelled or terminated. No |
| |||||||
| |||||||
1 | license issued under this Act is
transferable or assignable.
| ||||||
2 | (Source: 09600HB0255enr.) | ||||||
3 | (09600HB0255enr. Sec. 58)
| ||||||
4 | Sec. 58. Location of terminals. Video gaming terminals | ||||||
5 | must be located
in an area restricted to persons over 21 years | ||||||
6 | of age the entrance to which is within the view of at least one | ||||||
7 | employee, who is over 21 years of age, of the
establishment in | ||||||
8 | which they are located. The placement of video gaming terminals | ||||||
9 | in licensed establishments, licensed truck stop | ||||||
10 | establishments, licensed fraternal establishments, and | ||||||
11 | licensed veterans establishments shall be subject to the rules | ||||||
12 | promulgated by the Board pursuant to the Illinois | ||||||
13 | Administrative Procedure Act.
| ||||||
14 | (Source: 09600HB0255enr.)
| ||||||
15 | (09600HB0255enr. Sec. 60)
| ||||||
16 | Sec. 60. Imposition and distribution of tax.
| ||||||
17 | (a) A tax of 30% is imposed on net terminal income
and | ||||||
18 | shall be collected by the Board.
| ||||||
19 | (b) Of the tax collected under this Section, five-sixths | ||||||
20 | shall be
deposited into the Capital Projects Fund and one-sixth | ||||||
21 | shall be deposited into the Local Government Video Gaming | ||||||
22 | Distributive Fund.
| ||||||
23 | (c) Revenues generated from the play of video gaming | ||||||
24 | terminals shall be
deposited by the terminal operator, who is |
| |||||||
| |||||||
1 | responsible for tax payments, in
a specially created, separate | ||||||
2 | bank account maintained by the video gaming
terminal operator
| ||||||
3 | to allow for electronic fund transfers of moneys for tax | ||||||
4 | payment.
| ||||||
5 | (d) Each licensed establishment, licensed truck stop | ||||||
6 | establishment, licensed fraternal establishment,
and licensed | ||||||
7 | veterans establishment shall maintain an adequate video gaming
| ||||||
8 | fund, with the amount to be determined by the Board.
| ||||||
9 | (e) The State's percentage of net terminal income shall be | ||||||
10 | reported and remitted to the Board within 15 days after the | ||||||
11 | 15th day of each month and within 15 days after the end of each | ||||||
12 | month by the video terminal operator. A video terminal operator | ||||||
13 | who falsely reports or fails to report the amount due required | ||||||
14 | by this Section is guilty of a Class 4 felony and is subject to | ||||||
15 | termination of his or her license by the Board. Each video | ||||||
16 | terminal operator shall keep a record of net terminal income in | ||||||
17 | such form as the Board may require. All payments not remitted | ||||||
18 | when due shall be paid together with a penalty assessment on | ||||||
19 | the unpaid balance at a rate of 1.5% per month. | ||||||
20 | (Source: 09600HB0255enr.) | ||||||
21 | (09600HB0255enr. Sec. 80 new) | ||||||
22 | Sec. 80. Applicability of Illinois Riverboat Gambling Act. | ||||||
23 | The provisions of the Illinois Riverboat Gambling Act, and all | ||||||
24 | rules promulgated thereunder, shall apply to the Video Gaming | ||||||
25 | Act, except where there is a conflict between the 2 Acts. All |
| |||||||
| |||||||
1 | provisions of the Uniform Penalty and Interest Act shall apply, | ||||||
2 | as far as practicable, to the subject matter of this Act to the | ||||||
3 | same extent as if such provisions were included herein. | ||||||
4 | (09600HB0255enr. Sec. 85 new) | ||||||
5 | Sec. 85. Severability. The provisions of the Video Gaming | ||||||
6 | Act are severable pursuant to Section 1.31 of the Statute on | ||||||
7 | Statutes. | ||||||
8 | Section 60-10. If and only if House Bill 255 of the 96th | ||||||
9 | General Assembly becomes law, the Illinois Lottery Law is | ||||||
10 | amended by changing Sections 3, 7.12, 7.17, 9, and 9.1 as | ||||||
11 | follows:
| ||||||
12 | (20 ILCS 1605/3) (from Ch. 120, par. 1153)
| ||||||
13 | Sec. 3. For the purposes of this Act:
| ||||||
14 | a. "Lottery" or "State Lottery" means the lottery or | ||||||
15 | lotteries
established and operated pursuant to this Act.
| ||||||
16 | b. "Board" means the Lottery Control Board created by this | ||||||
17 | Act.
| ||||||
18 | c. "Department" means the Department of Revenue.
| ||||||
19 | d. "Director" means the Director of Revenue.
| ||||||
20 | e. "Chairman" means the Chairman of the Lottery Control | ||||||
21 | Board.
| ||||||
22 | f. "Multi-state game directors" means such persons, | ||||||
23 | including the
Superintendent, as may be designated by an
|
| |||||||
| |||||||
1 | agreement between the Division and one or more additional
| ||||||
2 | lotteries operated under the laws of another state or states.
| ||||||
3 | g. "Division" means the Division of the State Lottery of | ||||||
4 | the Department of Revenue.
| ||||||
5 | h. "Superintendent" means the Superintendent of the | ||||||
6 | Division of the State Lottery of the Department of Revenue.
| ||||||
7 | i. "Management agreement" means an agreement or contract | ||||||
8 | between the Department on behalf of the State with a private | ||||||
9 | manager, as an independent contractor, whereby the private | ||||||
10 | manager provides management services to the Lottery in exchange | ||||||
11 | for the receipt of no more than 5% of Lottery profits ticket | ||||||
12 | and share sales and related proceeds so long as the Department | ||||||
13 | continues to exercise actual control over all significant | ||||||
14 | business decisions made by the private manager as set forth in | ||||||
15 | Section 9.1. | ||||||
16 | j. "Person" means any individual, firm, association, joint | ||||||
17 | venture, partnership, estate, trust, syndicate, fiduciary, | ||||||
18 | corporation, or other legal entity, group, or combination. | ||||||
19 | k. "Private manager" means a person that provides | ||||||
20 | management services to the Lottery on behalf of the Department | ||||||
21 | under a management agreement. | ||||||
22 | l. "Profits" means total revenues accruing from the sale of | ||||||
23 | lottery tickets or shares and related proceeds minus (1) the | ||||||
24 | payment of prizes and retailer bonuses and (2) the payment of | ||||||
25 | costs incurred in the operation and administration of the | ||||||
26 | lottery, excluding costs of services directly rendered by a |
| |||||||
| |||||||
1 | private manager. | ||||||
2 | (Source: P.A. 94-776, eff. 5-19-06; 09600HB0255enr.)
| ||||||
3 | (20 ILCS 1605/7.12) | ||||||
4 | Sec. 7.12. Internet pilot program. The General Assembly | ||||||
5 | finds that: | ||||||
6 | (1) the consumer market in Illinois has changed since | ||||||
7 | the creation of the Illinois State Lottery in 1974; | ||||||
8 | (2) the Internet has become an integral part of | ||||||
9 | everyday life for a significant number of Illinois | ||||||
10 | residents not only in regards to their professional life, | ||||||
11 | but also in regards to personal business and communication; | ||||||
12 | and | ||||||
13 | (3) the current practices of selling lottery tickets | ||||||
14 | does not appeal to the new form of market participants who | ||||||
15 | prefer to make purchases on the internet at their own | ||||||
16 | convenience. | ||||||
17 | It is the intent of the General Assembly to create an | ||||||
18 | Internet pilot program for the sale of lottery tickets to | ||||||
19 | capture this new form of market participant. | ||||||
20 | The Department shall create a pilot program that allows an | ||||||
21 | individual to purchase lottery tickets or shares on the | ||||||
22 | Internet without using a Lottery retailer with on-line status, | ||||||
23 | as those terms are defined by rule. The Department shall adopt | ||||||
24 | rules necessary for the administration of this program. These | ||||||
25 | rules shall include requirements for marketing of the Lottery |
| |||||||
| |||||||
1 | to infrequent players. The provisions of this Act and the rules | ||||||
2 | adopted under this Act shall apply to the sale of lottery | ||||||
3 | tickets or shares under this program. | ||||||
4 | Before beginning the pilot program, the Department of | ||||||
5 | Revenue must seek a clarifying memorandum from the federal | ||||||
6 | Department of Justice that it is legal for Illinois residents | ||||||
7 | and non-Illinois residents to purchase and the private company | ||||||
8 | to sell lottery tickets on the Internet on behalf of the State | ||||||
9 | of Illinois under the federal Unlawful Internet Gambling | ||||||
10 | Enforcement Act of 2006. | ||||||
11 | The Department shall limit the individuals authorized to | ||||||
12 | purchase lottery tickets on the Internet to individuals who are | ||||||
13 | 18 years of age or older and Illinois residents, unless the | ||||||
14 | clarifying memorandum from the federal Department of Justice | ||||||
15 | indicates that it is legal for non-Illinois residents to | ||||||
16 | purchase lottery tickets on the Internet, and shall set a | ||||||
17 | limitation on the monthly purchases that may be made through | ||||||
18 | any one individual's lottery account. The Department is | ||||||
19 | obligated to implement the pilot program set forth in this | ||||||
20 | Section and Sections 7.15, 7.16, and 7.17 only at such time, | ||||||
21 | and to such extent, that the Department of Justice issues a | ||||||
22 | clarifying memorandum finding such program to be permitted | ||||||
23 | under federal law to the extent permitted by the federal | ||||||
24 | Department of Justice in its clarifying memorandum . Only Lotto | ||||||
25 | and Mega Million games offered by the Illinois Lottery may be | ||||||
26 | offered through the pilot program. |
| |||||||
| |||||||
1 | The pilot program must be conducted pursuant to a contract | ||||||
2 | with a private vendor that has the expertise, technical | ||||||
3 | capability, and knowledge of the Illinois lottery marketplace | ||||||
4 | to conduct the program. The Department of the Lottery must seek | ||||||
5 | ensure cooperation from existing vendors for the program. | ||||||
6 | The pilot program shall last for not less than 36 months, | ||||||
7 | but not more than 48 months.
| ||||||
8 | (Source: 09600HB0255sam001.) | ||||||
9 | (20 ILCS 1605/7.17)
| ||||||
10 | Sec. 7.17. Contracts. The contract with a private vendor | ||||||
11 | to fulfill the pilot program requirements of Sections 7.12, | ||||||
12 | 7.15, and 7.16 of this Act must be separate from lottery | ||||||
13 | contracts existing on the effective date of this Section. To | ||||||
14 | the extent feasible based upon the receipt of the clarifying | ||||||
15 | memorandum permitting the program to proceed, the The | ||||||
16 | Department shall enter into a contract with a private vendor no | ||||||
17 | later than December 1, 2009 and the private vendor must begin | ||||||
18 | performance on the contract no later than January 1, 2010. The | ||||||
19 | Department must ensure cooperation from all existing | ||||||
20 | contractors supporting the Lottery and any private manager | ||||||
21 | selected under Section 9.1 of the Act. | ||||||
22 | All contracts entered into (i) with a private vendor to | ||||||
23 | fulfill the requirements for the pilot program under Section | ||||||
24 | 7.12 or (ii) for the development and provision of technology | ||||||
25 | and controls under this Section shall be awarded pursuant to |
| |||||||
| |||||||
1 | Section 20-35 of the Illinois Procurement Code. | ||||||
2 | The Department shall award contracts for the development | ||||||
3 | and provision of technology and controls to ensure compliance | ||||||
4 | with the age and residency requirements for the purchase of | ||||||
5 | lottery tickets on the Internet pursuant to competitive bidding | ||||||
6 | processes. The technology and controls must include | ||||||
7 | appropriate data security standards to prevent unauthorized | ||||||
8 | access to Internet lottery accounts.
| ||||||
9 | (Source: 09600HB0255sam001.)
| ||||||
10 | (20 ILCS 1605/9) (from Ch. 120, par. 1159)
| ||||||
11 | Sec. 9. The Superintendent, as administrative head of
the | ||||||
12 | Division, shall direct and supervise all its administrative and
| ||||||
13 | technical activities and shall report to the Director. In | ||||||
14 | addition to the duties imposed upon him
elsewhere in this Act, | ||||||
15 | it
shall be the Superintendent's duty:
| ||||||
16 | a. To supervise and administer the operation of the lottery | ||||||
17 | in
accordance with the provisions of this Act or such
rules and | ||||||
18 | regulations of the Department
adopted thereunder.
| ||||||
19 | b. To attend meetings of the Board or to appoint a designee | ||||||
20 | to
attend in his stead.
| ||||||
21 | c. To employ and direct such personnel in accord with the | ||||||
22 | Personnel Code,
as may be necessary to carry out the purposes | ||||||
23 | of this Act. The Superintendent may, subject to the approval of | ||||||
24 | the Director, use the services, personnel, or facilities of the | ||||||
25 | Department.
In addition, the Superintendent
may by agreement |
| |||||||
| |||||||
1 | secure such services as he or she may deem necessary
from any | ||||||
2 | other department, agency, or unit of the State government, and
| ||||||
3 | may employ and compensate such consultants and technical | ||||||
4 | assistants as may
be required and is otherwise permitted by | ||||||
5 | law.
| ||||||
6 | d. To license, in accordance with the provisions of | ||||||
7 | Sections 10 and 10.1
of this Act and the rules and regulations | ||||||
8 | of the Department
adopted thereunder,
as agents to sell lottery | ||||||
9 | tickets such persons as in his opinion will best
serve the | ||||||
10 | public convenience and promote the sale of tickets or shares.
| ||||||
11 | The Superintendent may require a bond from every licensed | ||||||
12 | agent, in such
amount as provided in the rules and regulations | ||||||
13 | of the Department. Every licensed
agent shall prominently | ||||||
14 | display his license, or a copy thereof, as provided
in the | ||||||
15 | rules and regulations of the Department.
| ||||||
16 | e. To suspend or revoke any license issued pursuant to this | ||||||
17 | Act or the
rules and regulations promulgated by the Department | ||||||
18 | thereunder.
| ||||||
19 | f. To confer regularly as necessary or desirable and not
| ||||||
20 | less than once
every month with the Lottery Control Board on | ||||||
21 | the operation and administration
of the Lottery; to make | ||||||
22 | available for inspection by the Board or any member
of the | ||||||
23 | Board, upon request, all books, records, files, and other | ||||||
24 | information
and documents of his office; to advise the Board | ||||||
25 | and recommend such rules
and regulations and such other matters | ||||||
26 | as he deems necessary and advisable
to improve the operation |
| |||||||
| |||||||
1 | and administration of the lottery.
| ||||||
2 | g. To enter into contracts for the operation of the | ||||||
3 | lottery, or any part
thereof, and into contracts for the | ||||||
4 | promotion of the lottery on behalf of
the Department with any | ||||||
5 | person, firm or corporation, to perform any of the
functions | ||||||
6 | provided for in this Act or the rules and regulations | ||||||
7 | promulgated
thereunder. The Department shall not expend State | ||||||
8 | funds on a contractual
basis for such functions unless those | ||||||
9 | functions and expenditures are expressly
authorized by the | ||||||
10 | General Assembly.
| ||||||
11 | h. To enter into an agreement or agreements with the | ||||||
12 | management of state
lotteries operated pursuant to the laws of | ||||||
13 | other states for the purpose of
creating and operating a | ||||||
14 | multi-state lottery game wherein a separate and
distinct prize | ||||||
15 | pool would be combined to award larger prizes to the public
| ||||||
16 | than could be offered by the several state lotteries, | ||||||
17 | individually. No
tickets or shares offered in connection with a | ||||||
18 | multi-state lottery game
shall be sold within the State of | ||||||
19 | Illinois, except those offered by and
through the Department. | ||||||
20 | No such agreement shall purport to pledge the full
faith and | ||||||
21 | credit of the State of Illinois, nor shall the Department | ||||||
22 | expend
State funds on a contractual basis in connection with | ||||||
23 | any such game unless
such expenditures are expressly authorized | ||||||
24 | by the General Assembly,
provided, however, that in the event | ||||||
25 | of error or omission by the Illinois
State Lottery in the | ||||||
26 | conduct of the game, as determined by the multi-state
game |
| |||||||
| |||||||
1 | directors, the Department shall be authorized to pay a prize | ||||||
2 | winner or
winners the lesser of a disputed prize or $1,000,000, | ||||||
3 | any such payment to
be made solely from funds appropriated for | ||||||
4 | game prize purposes. The
Department shall be authorized to | ||||||
5 | share in the ordinary operating expenses
of any such | ||||||
6 | multi-state lottery game, from funds appropriated by the | ||||||
7 | General Assembly,
and in the event the multi-state game control | ||||||
8 | offices are physically
located within the State of Illinois, | ||||||
9 | the Department is authorized to
advance start-up operating | ||||||
10 | costs not to exceed $150,000, subject to
proportionate | ||||||
11 | reimbursement of such costs by the other participating state
| ||||||
12 | lotteries. The Department shall be authorized to share | ||||||
13 | proportionately in
the costs of establishing a liability | ||||||
14 | reserve fund from funds appropriated
by the General Assembly. | ||||||
15 | The Department is authorized to transfer prize
award funds | ||||||
16 | attributable to Illinois sales of multi-state lottery game | ||||||
17 | tickets to
the multi-state control office, or its designated | ||||||
18 | depository, for deposit
to such game pool account or accounts | ||||||
19 | as may be established by the
multi-state game directors, the | ||||||
20 | records of which account or accounts shall
be available at all | ||||||
21 | times for inspection in an audit by the Auditor General
of | ||||||
22 | Illinois and any other auditors pursuant to the laws of the | ||||||
23 | State of
Illinois.
No multi-state game prize awarded to a | ||||||
24 | nonresident of Illinois, with
respect to a ticket or share | ||||||
25 | purchased in a state other than the State of
Illinois, shall be | ||||||
26 | deemed to be a prize awarded under this Act for the
purpose of |
| |||||||
| |||||||
1 | taxation under the Illinois Income Tax Act.
All of the net | ||||||
2 | revenues accruing from the sale of multi-state lottery
tickets | ||||||
3 | or shares shall be transferred into the Common School Fund | ||||||
4 | pursuant
to Section 7.2.
The Department shall promulgate such | ||||||
5 | rules as may be appropriate to
implement the provisions of this | ||||||
6 | Section.
| ||||||
7 | i. To make a continuous study and investigation of (1) the | ||||||
8 | operation and
the administration of similar laws which may be | ||||||
9 | in effect in other states
or countries, (2) any literature on | ||||||
10 | the subject which from time to time
may be published or | ||||||
11 | available, (3) any Federal laws which may affect the
operation | ||||||
12 | of the
lottery, and (4) the reaction of Illinois citizens to | ||||||
13 | existing and potential
features of the lottery with a view to | ||||||
14 | recommending or effecting changes
that will tend to serve the | ||||||
15 | purposes of this Act.
| ||||||
16 | j. To report monthly to the State Treasurer and the Lottery | ||||||
17 | Control Board
a full and complete statement of lottery | ||||||
18 | revenues, prize disbursements and
other expenses for each month | ||||||
19 | and the amounts to be transferred to the Common
School Fund | ||||||
20 | pursuant to Section 7.2 or such other funds as are otherwise
| ||||||
21 | authorized by Section 21.2 of this Act, and to
make an annual | ||||||
22 | report, which shall include a full and complete statement
of | ||||||
23 | lottery revenues, prize disbursements and other expenses, to | ||||||
24 | the Governor
and the Board. All reports required by this | ||||||
25 | subsection shall be public
and copies of all
such reports shall | ||||||
26 | be sent to the Speaker of the House, the President of
the |
| |||||||
| |||||||
1 | Senate, and the minority leaders of both houses.
| ||||||
2 | (Source: P.A. 94-776, eff. 5-19-06.)
| ||||||
3 | (20 ILCS 1605/9.1)
| ||||||
4 | Sec. 9.1. Private manager and management agreement. | ||||||
5 | (a) As used in this Section: | ||||||
6 | "Offeror" means a person or group of persons that responds | ||||||
7 | to a request for qualifications under this Section. | ||||||
8 | "Request for qualifications" means all materials and | ||||||
9 | documents prepared by the Department to solicit the following | ||||||
10 | from offerors: | ||||||
11 | (1) Statements of qualifications. | ||||||
12 | (2) Proposals to enter into a management agreement. | ||||||
13 | "Final offeror" means the offeror ultimately selected by | ||||||
14 | the Governor to be the private manager for the Lottery under | ||||||
15 | subsection (h) of this Section. | ||||||
16 | (b) By March 1, 2010, the Department shall enter into a | ||||||
17 | management agreement with a private manager for the total | ||||||
18 | management of the Lottery with integrated functions, such as | ||||||
19 | lottery game design, supply of goods and services, and | ||||||
20 | advertising and as specified in this Section. | ||||||
21 | (c) Pursuant to the terms of this subsection In connection | ||||||
22 | with the selection of the private manager , the Department shall | ||||||
23 | endeavor to expeditiously terminate the existing contracts in | ||||||
24 | support of the Lottery in effect on the effective date of this | ||||||
25 | amendatory Act of the 96th General Assembly in connection with |
| |||||||
| |||||||
1 | the selection of the private manager. As part of its obligation | ||||||
2 | to terminate these contracts and select the private manager, | ||||||
3 | the Department shall establish a mutually agreeable timetable | ||||||
4 | to transfer the functions of existing contractors to the | ||||||
5 | private manager so that existing Lottery operations are not | ||||||
6 | materially diminished or impaired during the transition. To | ||||||
7 | that end, the Department shall do the following as follows : | ||||||
8 | (1) where such contracts contain a provision | ||||||
9 | authorizing termination upon notice, the Department shall | ||||||
10 | provide notice of termination to occur upon the mutually | ||||||
11 | agreed timetable for transfer of functions the effective | ||||||
12 | date of the management agreement with the private manager ; | ||||||
13 | (2) upon the expiration of any initial term or renewal | ||||||
14 | term of the current Lottery contracts, the Department shall | ||||||
15 | not renew such contract for a term extending beyond the | ||||||
16 | mutually agreed timetable for transfer of functions | ||||||
17 | effective date of the management agreement with the private | ||||||
18 | manager ; or | ||||||
19 | (3) in the event any current contract provides for | ||||||
20 | termination of that contract upon the implementation of a | ||||||
21 | contract with the private manager, the Department shall | ||||||
22 | perform all necessary actions to terminate the contract on | ||||||
23 | the date that coincides with the mutually agreed timetable | ||||||
24 | for transfer of functions . | ||||||
25 | If the contracts to support the current operation of the | ||||||
26 | Lottery in effect on the effective date of this amendatory Act |
| |||||||
| |||||||
1 | of the 96th General Assembly are not subject to termination as | ||||||
2 | provided for in this subsection (c), then the Department may | ||||||
3 | include a provision in the contract with the private manager | ||||||
4 | specifying a mutually agreeable methodology for incorporation. | ||||||
5 | (c-5) The Department shall include provisions in the | ||||||
6 | management agreement whereby the private manager shall, for a | ||||||
7 | fee, and pursuant to a contract negotiated with the Department | ||||||
8 | (the "Employee Use Contract"), utilize the services of current | ||||||
9 | Department employees to assist in the administration and | ||||||
10 | operation of the Lottery. The Department shall be the employer | ||||||
11 | of all such bargaining unit employees assigned to perform such | ||||||
12 | work for the private manager, and such employees shall be State | ||||||
13 | employees, as defined by the Personnel Code. Department | ||||||
14 | employees shall operate under the same employment policies, | ||||||
15 | rules, regulations, and procedures, as other employees of the | ||||||
16 | Department. In addition, neither historical representation | ||||||
17 | rights under the Illinois Public Labor Relations Act, nor | ||||||
18 | existing collective bargaining agreements, shall be disturbed | ||||||
19 | by the management agreement with the private manager for the | ||||||
20 | management of the Lottery. | ||||||
21 | (d) The management agreement with the private manager shall | ||||||
22 | include all of the following: | ||||||
23 | (1) A term not to exceed 10 years, including any | ||||||
24 | renewals. | ||||||
25 | (2) A provision specifying that the Department: | ||||||
26 | (A) shall exercise actual control over all |
| |||||||
| |||||||
1 | significant business decisions; | ||||||
2 | (A-5) (A) has the authority to direct or | ||||||
3 | countermand operating decisions by the private manager | ||||||
4 | at any time; | ||||||
5 | (B) has ready access at any time to information | ||||||
6 | regarding Lottery operations; | ||||||
7 | (C) has the right to demand and receive information | ||||||
8 | from the private manager concerning any aspect of the | ||||||
9 | Lottery operations at any time; and | ||||||
10 | (D) retains ownership of all trade names, | ||||||
11 | trademarks, and intellectual property associated with | ||||||
12 | the Lottery. | ||||||
13 | (3) A provision imposing an affirmative duty on the | ||||||
14 | private manager to provide the Department with material | ||||||
15 | information and with any information the private manager | ||||||
16 | reasonably believes the Department would want to know to | ||||||
17 | enable the Department to conduct the Lottery. | ||||||
18 | (4) A provision requiring the private manager to | ||||||
19 | provide the Department with advance notice of any operating | ||||||
20 | decision that bears significantly on the public interest, | ||||||
21 | including, but not limited to, decisions on the kinds of | ||||||
22 | games to be offered to the public and decisions affecting | ||||||
23 | the relative risk and reward of the games being offered, so | ||||||
24 | the Department has a reasonable opportunity to evaluate and | ||||||
25 | countermand that decision. | ||||||
26 | (5) A provision providing the private manager with a |
| |||||||
| |||||||
1 | percentage , not to exceed 5%, of Lottery profits ticket or | ||||||
2 | share sales or related proceeds in consideration for | ||||||
3 | managing the Lottery, including terms that may provide the | ||||||
4 | private manager with an increase in compensation if Lottery | ||||||
5 | revenues grow by a specified percentage in a given year. | ||||||
6 | (6) (Blank). | ||||||
7 | (7) A provision requiring the deposit of all Lottery | ||||||
8 | proceeds to be deposited into the State Lottery Fund. | ||||||
9 | (8) A provision requiring the private manager to locate | ||||||
10 | its principal office within the State. | ||||||
11 | (8-5) A provision encouraging that at least 20% of the | ||||||
12 | cost of contracts entered into for goods and services by | ||||||
13 | the private manager in connection with its management of | ||||||
14 | the Lottery, other than contracts with sales agents or | ||||||
15 | technical advisors, be awarded to businesses that are a | ||||||
16 | minority owned business, a female owned business, or a | ||||||
17 | business owned by a person with disability, as those terms | ||||||
18 | are defined in the Business Enterprise for Minorities, | ||||||
19 | Females, and Persons with Disabilities Act. | ||||||
20 | (9) A requirement that so long as the private manager | ||||||
21 | complies with all the conditions of the agreement under the | ||||||
22 | oversight of the Department, the private manager shall have | ||||||
23 | the following duties and obligations with respect to the | ||||||
24 | management of the Lottery: | ||||||
25 | (A) The right to use equipment and other assets | ||||||
26 | used in the operation of the Lottery. |
| |||||||
| |||||||
1 | (B) The rights and obligations under contracts | ||||||
2 | with retailers with retailers and vendors. | ||||||
3 | (C) The implementation of a comprehensive security | ||||||
4 | program by the private manager. | ||||||
5 | (D) The implementation of a comprehensive system | ||||||
6 | of internal audits. | ||||||
7 | (E) The implementation of a program by the private | ||||||
8 | manager to curb compulsive gambling by persons playing | ||||||
9 | the Lottery. | ||||||
10 | (F) A system for determining (i) the type of | ||||||
11 | Lottery games, (ii) the method of selecting winning | ||||||
12 | tickets, (iii) the manner of payment of prizes to | ||||||
13 | holders of winning tickets, (iv) the frequency of | ||||||
14 | drawings of winning tickets, (v) the method to be used | ||||||
15 | in selling tickets, (vi) a system for verifying the | ||||||
16 | validity of tickets claimed to be winning tickets, | ||||||
17 | (vii) the basis upon which retailer commissions are | ||||||
18 | established by the manager, and (viii) minimum | ||||||
19 | payouts. | ||||||
20 | (10) A requirement that advertising and promotion must | ||||||
21 | be consistent with Section 7.8a of this Act. | ||||||
22 | (11) A requirement that the private manager market the | ||||||
23 | Lottery to those residents who are new, infrequent, or | ||||||
24 | lapsed players of the Lottery, especially those who are | ||||||
25 | most likely to make regular purchases on the Internet as | ||||||
26 | permitted by law. |
| |||||||
| |||||||
1 | (12) A code of ethics for the private manager's | ||||||
2 | officers and employees. | ||||||
3 | (13) A requirement that the Department monitor and | ||||||
4 | oversee the private manager's practices and take action | ||||||
5 | that the Department considers appropriate to ensure that | ||||||
6 | the private manager is in compliance with the terms of the | ||||||
7 | management agreement, while allowing the manager, unless | ||||||
8 | specifically prohibited by law or the management | ||||||
9 | agreement, to negotiate and sign its own contracts with | ||||||
10 | vendors. | ||||||
11 | (14) A provision requiring the private manager to | ||||||
12 | periodically file, at least on an annual basis, appropriate | ||||||
13 | financial statements in a form and manner acceptable to the | ||||||
14 | Department. | ||||||
15 | (15) Cash reserves requirements. | ||||||
16 | (16) Procedural requirements for obtaining the prior | ||||||
17 | approval of the Department when a management agreement or | ||||||
18 | an interest in a management agreement is sold, assigned, | ||||||
19 | transferred, or pledged as collateral to secure financing. | ||||||
20 | (17) Grounds for the termination of the management | ||||||
21 | agreement by the Department or the private manager. | ||||||
22 | (18) Procedures for amendment of the agreement. | ||||||
23 | (19) (Blank) A provision prohibiting the Department | ||||||
24 | from entering into another management agreement under this | ||||||
25 | section as long as the original management agreement has | ||||||
26 | not been terminated . |
| |||||||
| |||||||
1 | (20) The transition of rights and obligations, | ||||||
2 | including any associated equipment or other assets used in | ||||||
3 | the operation of the Lottery, from the manager to any | ||||||
4 | successor manager of the lottery, including the | ||||||
5 | Department, following the termination of or foreclosure | ||||||
6 | upon the management agreement. | ||||||
7 | (21) Right of use of copyrights, trademarks, and | ||||||
8 | service marks held by the Department in the name of the | ||||||
9 | State. The agreement must provide that any use of them by | ||||||
10 | the manager shall only be for the purpose of fulfilling its | ||||||
11 | obligations under the management agreement during the term | ||||||
12 | of the agreement. | ||||||
13 | (e) Notwithstanding any other law to the contrary, the | ||||||
14 | Department shall select a private manager through a competitive | ||||||
15 | request for qualifications process consistent with Section | ||||||
16 | 20-35 of the Illinois Procurement Code, which shall take into | ||||||
17 | account: | ||||||
18 | (1) the offeror's ability to market the Lottery to | ||||||
19 | those residents who are new, infrequent, or lapsed players | ||||||
20 | of the Lottery, especially those who are most likely to | ||||||
21 | make regular purchases on the Internet; | ||||||
22 | (2) the offeror's ability to address the State's | ||||||
23 | concern with the social effects of gambling on those who | ||||||
24 | can least afford to do so; | ||||||
25 | (3) the offeror's ability to provide the most | ||||||
26 | successful management of the Lottery for the benefit of the |
| |||||||
| |||||||
1 | people of the State based on current and past business | ||||||
2 | practices or plans of the offeror; and | ||||||
3 | (4) the offeror's poor or inadequate past performance | ||||||
4 | in servicing, equipping, operating or managing a lottery on | ||||||
5 | behalf of Illinois, another State or foreign government and | ||||||
6 | attracting persons who are not currently regular players of | ||||||
7 | a lottery. | ||||||
8 | (f) The Department may shall retain the services of an | ||||||
9 | advisor or advisors with significant experience in the | ||||||
10 | management, operation, and procurement of goods, services, and | ||||||
11 | equipment for a government-run lottery to assist in the | ||||||
12 | preparation of the terms of the request for qualifications. No | ||||||
13 | advisor or advisors retained may be affiliated with an offeror | ||||||
14 | or have any prior or present affiliation with any potential | ||||||
15 | offeror, or with a contractor or subcontractor presently | ||||||
16 | providing goods, services or equipment to the Department to | ||||||
17 | support the Lottery.
The Department shall not include terms in | ||||||
18 | the request for qualifications that provides an advantage | ||||||
19 | whether directly or indirectly to any contractor or | ||||||
20 | subcontractor presently presenting providing goods, services | ||||||
21 | or equipment to the Department to support the Lottery, | ||||||
22 | including terms contained in a contractor or subcontractor's | ||||||
23 | responses to requests for proposals or qualifications | ||||||
24 | submitted to Illinois, another State or foreign government. The | ||||||
25 | request for proposals offered by the Department on December 22, | ||||||
26 | 2008 as "LOT08GAMESYS" and reference number "22016176" is |
| |||||||
| |||||||
1 | declared void. | ||||||
2 | The Department shall issue the request for qualifications | ||||||
3 | no later than 30 calendar days after the effective date of this | ||||||
4 | amendatory Act of the 96th General Assembly. The deadline for | ||||||
5 | the submission of responsive qualifications proposals shall be | ||||||
6 | 30 calendar days after the date the request for qualifications | ||||||
7 | is issued. | ||||||
8 | (g) The Department shall select at least 2 offerors as | ||||||
9 | finalists to potentially serve as the private manager no later | ||||||
10 | than February 1, 2010. Upon making preliminary selections, the | ||||||
11 | Department shall schedule a public hearing on the finalists' | ||||||
12 | proposals and provide public notice of the hearing at least 7 | ||||||
13 | calendar days before the hearing. The notice must include all | ||||||
14 | of the following: | ||||||
15 | (1) The date, time, and place of the hearing. | ||||||
16 | (2) The subject matter of the hearing. | ||||||
17 | (3) A brief description of the management agreement to | ||||||
18 | be awarded. | ||||||
19 | (4) The identity of the offerors that have been | ||||||
20 | selected as finalists to serve as the private manager. | ||||||
21 | (5) The address and telephone number of the Department. | ||||||
22 | (h) At the public hearing, the Department shall (i) provide | ||||||
23 | sufficient time for each finalist to present and explain its | ||||||
24 | proposal to the Department and the Governor or the Governor's | ||||||
25 | designee, including an opportunity to respond to questions | ||||||
26 | posed by the Department, Governor, or designee and (ii) allow |
| |||||||
| |||||||
1 | the public and non-selected offerors to comment on the | ||||||
2 | presentations. The Governor or a designee shall attend the | ||||||
3 | public hearing. After the public hearing, the Department shall | ||||||
4 | have 14 calendar days to recommend to the Governor whether a | ||||||
5 | management agreement should be entered into with a particular | ||||||
6 | finalist. After reviewing the Department's recommendation, the | ||||||
7 | Governor may accept or reject the Department's recommendation, | ||||||
8 | and shall select a final offeror as the private manager by | ||||||
9 | publication of a notice in the Illinois Procurement Bulletin. | ||||||
10 | The Governor shall include in the notice a detailed explanation | ||||||
11 | and the reasons why the final offeror is superior to other | ||||||
12 | offerors and will provide management services in a manner that | ||||||
13 | best achieves the objectives of this Section. The Governor | ||||||
14 | shall designate a final offeror as the private manager with | ||||||
15 | sufficient time for the Department to enter into a management | ||||||
16 | agreement on or before March 1, 2010. The Governor shall also | ||||||
17 | sign the management agreement with the private manager. | ||||||
18 | (i) Any action to contest the validity of a management | ||||||
19 | agreement entered into under this Section must be brought | ||||||
20 | within 14 calendar days after the publication of the notice of | ||||||
21 | the designation of the private manager as provided in | ||||||
22 | subsection (h) of this Section. | ||||||
23 | (j) The Lottery shall remain, for so long as a private | ||||||
24 | manager manages the Lottery in accordance with provisions of | ||||||
25 | this Act, a Lottery conducted by the State, and the State shall | ||||||
26 | not be authorized to sell or transfer the Lottery to a third |
| |||||||
| |||||||
1 | party. | ||||||
2 | (k) Any tangible personal property used exclusively in | ||||||
3 | connection with the lottery that is owned by the Department and | ||||||
4 | leased to the private manager shall be owned by the Department | ||||||
5 | in the name of the State and shall be considered to be public | ||||||
6 | property devoted to an essential public and governmental | ||||||
7 | function. | ||||||
8 | (l) The Department may exercise any of its powers under | ||||||
9 | this Section or any other law as necessary or desirable for the | ||||||
10 | execution of the Department's powers under this Section. | ||||||
11 | (m) Neither this Section nor any management agreement | ||||||
12 | entered into under this Section prohibits the General Assembly | ||||||
13 | from authorizing forms of gambling that are not in direct | ||||||
14 | competition with the Lottery. | ||||||
15 | (n) The private manager shall be subject to a complete | ||||||
16 | investigation in the third, seventh, and tenth years of the | ||||||
17 | agreement (if the agreement is for a 10-year term) by the | ||||||
18 | Department in cooperation with the Auditor General to determine | ||||||
19 | whether the private manager has complied with this Section and | ||||||
20 | the management agreement. The private manager shall bear the | ||||||
21 | cost of an investigation or reinvestigation of the private | ||||||
22 | manager under this subsection. | ||||||
23 | (o) The powers conferred by this Section are in addition | ||||||
24 | and supplemental to the powers conferred by any other law. If | ||||||
25 | any other law or rule is inconsistent with this Section, this | ||||||
26 | Section controls as to any management agreement entered into |
| |||||||
| |||||||
1 | under this Section. This Section and any rules adopted under | ||||||
2 | this Section contain full and complete authority for a | ||||||
3 | management agreement between the Department and a manager. No | ||||||
4 | law, procedure, proceeding, publication, notice, consent, | ||||||
5 | approval, order, or act by the Department or any other officer, | ||||||
6 | Department, agency, or instrumentality of the State or any | ||||||
7 | political subdivision is required for the Department to enter | ||||||
8 | into a management agreement under this Section. This Section | ||||||
9 | contains full and complete authority for the Department to | ||||||
10 | approve any subcontracts entered into by a private manager | ||||||
11 | under the terms of a management agreement. | ||||||
12 | Except as provided in Sections 21.2, 21.5, 21.6, 21.7, and | ||||||
13 | 21.8 Notwithstanding any other State law to the contrary , the | ||||||
14 | Department shall distribute all proceeds of lottery tickets and | ||||||
15 | shares sold in the following priority and manner: | ||||||
16 | (1) The payment of prizes and retailer bonuses. Provide | ||||||
17 | the sums due to the private manager under the management | ||||||
18 | agreement with the Department. | ||||||
19 | (2) The payment of costs incurred in the operation and | ||||||
20 | administration of the Lottery, including the payment of | ||||||
21 | sums due to the private manager under the management | ||||||
22 | agreement with the Department and payment of Provide the | ||||||
23 | sums due to the private vendor for lottery tickets and | ||||||
24 | shares sold on the Internet via the pilot program as | ||||||
25 | compensation under its contract with the Department. | ||||||
26 | (3) On the last day of each month or as soon thereafter |
| |||||||
| |||||||
1 | as possible, the State Comptroller shall direct and the | ||||||
2 | State Treasurer shall transfer from the Lottery Fund to the | ||||||
3 | Common School Fund an amount that is equal to the proceeds | ||||||
4 | transferred in the corresponding month of fiscal year 2009, | ||||||
5 | as adjusted for inflation, to the Common School Fund. | ||||||
6 | (4) On or before the last day of each fiscal year, | ||||||
7 | deposit any remaining proceeds, subject to payments under | ||||||
8 | items (1), (2), and (3) into the Capital Projects Fund each | ||||||
9 | fiscal year.
| ||||||
10 | (Source: 09600HB0255enr.) | ||||||
11 | Section 60-15. If and only if House Bill 255 of the 96th | ||||||
12 | General Assembly becomes law, the Use Tax Act is amended by | ||||||
13 | changing Section 3-10 as follows:
| ||||||
14 | (35 ILCS 105/3-10) (from Ch. 120, par. 439.3-10)
| ||||||
15 | Sec. 3-10. Rate of tax. Unless otherwise provided in this | ||||||
16 | Section, the tax
imposed by this Act is at the rate of 6.25% of | ||||||
17 | either the selling price or the
fair market value, if any, of | ||||||
18 | the tangible personal property. In all cases
where property | ||||||
19 | functionally used or consumed is the same as the property that
| ||||||
20 | was purchased at retail, then the tax is imposed on the selling | ||||||
21 | price of the
property. In all cases where property functionally | ||||||
22 | used or consumed is a
by-product or waste product that has been | ||||||
23 | refined, manufactured, or produced
from property purchased at | ||||||
24 | retail, then the tax is imposed on the lower of the
fair market |
| |||||||
| |||||||
1 | value, if any, of the specific property so used in this State | ||||||
2 | or on
the selling price of the property purchased at retail. | ||||||
3 | For purposes of this
Section "fair market value" means the | ||||||
4 | price at which property would change
hands between a willing | ||||||
5 | buyer and a willing seller, neither being under any
compulsion | ||||||
6 | to buy or sell and both having reasonable knowledge of the
| ||||||
7 | relevant facts. The fair market value shall be established by | ||||||
8 | Illinois sales by
the taxpayer of the same property as that | ||||||
9 | functionally used or consumed, or if
there are no such sales by | ||||||
10 | the taxpayer, then comparable sales or purchases of
property of | ||||||
11 | like kind and character in Illinois.
| ||||||
12 | Beginning on July 1, 2000 and through December 31, 2000, | ||||||
13 | with respect to
motor fuel, as defined in Section 1.1 of the | ||||||
14 | Motor Fuel Tax
Law, and gasohol, as defined in Section 3-40 of | ||||||
15 | the Use Tax Act, the tax is
imposed at the rate of 1.25%.
| ||||||
16 | With respect to gasohol, the tax imposed by this Act | ||||||
17 | applies to (i) 70%
of the proceeds of sales made on or after | ||||||
18 | January 1, 1990, and before
July 1, 2003, (ii) 80% of the | ||||||
19 | proceeds of sales made
on or after July 1, 2003 and on or | ||||||
20 | before December 31, 2013, and (iii) 100% of the proceeds of | ||||||
21 | sales made
thereafter.
If, at any time, however, the tax under | ||||||
22 | this Act on sales of gasohol is
imposed at the
rate of 1.25%, | ||||||
23 | then the tax imposed by this Act applies to 100% of the | ||||||
24 | proceeds
of sales of gasohol made during that time.
| ||||||
25 | With respect to majority blended ethanol fuel, the tax | ||||||
26 | imposed by this Act
does
not apply
to the proceeds of sales |
| |||||||
| |||||||
1 | made on or after July 1, 2003 and on or before
December
31, | ||||||
2 | 2013 but applies to 100% of the proceeds of sales made | ||||||
3 | thereafter.
| ||||||
4 | With respect to biodiesel blends with no less than 1% and | ||||||
5 | no more than 10%
biodiesel, the tax imposed by this Act applies | ||||||
6 | to (i) 80% of the
proceeds of sales made on or after July 1, | ||||||
7 | 2003 and on or before December 31,
2013 and (ii) 100% of the | ||||||
8 | proceeds of sales made
thereafter.
If, at any time, however, | ||||||
9 | the tax under this Act on sales of biodiesel blends
with no | ||||||
10 | less than 1% and no more than 10% biodiesel
is imposed at the | ||||||
11 | rate of
1.25%, then the
tax imposed by this Act applies to 100% | ||||||
12 | of the proceeds of sales of biodiesel
blends with no less than | ||||||
13 | 1% and no more than 10% biodiesel
made
during that time.
| ||||||
14 | With respect to 100% biodiesel and biodiesel blends with | ||||||
15 | more than 10%
but no more than 99% biodiesel, the tax imposed | ||||||
16 | by this Act does not apply to
the
proceeds of sales made on or | ||||||
17 | after July 1, 2003 and on or before
December 31, 2013 but | ||||||
18 | applies to 100% of the proceeds of sales made
thereafter.
| ||||||
19 | With respect to food for human consumption that is to be | ||||||
20 | consumed off the
premises where it is sold (other than | ||||||
21 | alcoholic beverages, soft drinks, and
food that has been | ||||||
22 | prepared for immediate consumption) and prescription and
| ||||||
23 | nonprescription medicines, drugs, medical appliances, | ||||||
24 | modifications to a motor
vehicle for the purpose of rendering | ||||||
25 | it usable by a disabled person, and
insulin, urine testing | ||||||
26 | materials, syringes, and needles used by diabetics, for
human |
| |||||||
| |||||||
1 | use, the tax is imposed at the rate of 1%. For the purposes of | ||||||
2 | this
Section, until August 1, 2009: the term "soft drinks" | ||||||
3 | means any complete, finished, ready-to-use,
non-alcoholic | ||||||
4 | drink, whether carbonated or not, including but not limited to
| ||||||
5 | soda water, cola, fruit juice, vegetable juice, carbonated | ||||||
6 | water, and all other
preparations commonly known as soft drinks | ||||||
7 | of whatever kind or description that
are contained in any | ||||||
8 | closed or sealed bottle, can, carton, or container,
regardless | ||||||
9 | of size; but "soft drinks" does not include coffee, tea, | ||||||
10 | non-carbonated
water, infant formula, milk or milk products as | ||||||
11 | defined in the Grade A
Pasteurized Milk and Milk Products Act, | ||||||
12 | or drinks containing 50% or more
natural fruit or vegetable | ||||||
13 | juice.
| ||||||
14 | Notwithstanding any other provisions of this
Act, | ||||||
15 | beginning August 1, 2009, "soft drinks" means mean | ||||||
16 | non-alcoholic beverages that contain natural or artificial | ||||||
17 | sweeteners. "Soft drinks" do not include beverages that contain | ||||||
18 | milk or milk products, soy, rice or similar milk substitutes, | ||||||
19 | or greater than 50% of vegetable or fruit juice by volume. | ||||||
20 | Until August 1, 2009, and notwithstanding Notwithstanding | ||||||
21 | any other provisions of this
Act, "food for human consumption | ||||||
22 | that is to be consumed off the premises where
it is sold" | ||||||
23 | includes all food sold through a vending machine, except soft
| ||||||
24 | drinks, candy, and food products that are dispensed hot from a | ||||||
25 | vending machine,
regardless of the location of the vending | ||||||
26 | machine. Beginning August 1, 2009, and notwithstanding any |
| |||||||
| |||||||
1 | other provisions of this Act, "food for human consumption that | ||||||
2 | is to be consumed off the premises where it is sold" includes | ||||||
3 | all food sold through a vending machine, except soft drinks, | ||||||
4 | candy, and food products that are dispensed hot from a vending | ||||||
5 | machine, regardless of the location of the vending machine.
| ||||||
6 | Notwithstanding any other provisions of this
Act, | ||||||
7 | beginning August 1, 2009, "food for human consumption that is | ||||||
8 | to be consumed off the premises where
it is sold" does not | ||||||
9 | include candy. For purposes of this Section, "candy" means a | ||||||
10 | preparation of sugar, honey, or other natural or artificial | ||||||
11 | sweeteners in combination with chocolate, fruits, nuts or other | ||||||
12 | ingredients or flavorings in the form of bars, drops, or | ||||||
13 | pieces. "Candy" does not include any preparation that contains | ||||||
14 | flour or requires refrigeration. | ||||||
15 | Notwithstanding any other provisions of this
Act, | ||||||
16 | beginning August 1, 2009, "nonprescription medicines and | ||||||
17 | drugs" does not include grooming and hygiene products. For | ||||||
18 | purposes of this Section, "grooming and hygiene products" | ||||||
19 | includes, but is not limited to, soaps and cleaning solutions, | ||||||
20 | shampoo, toothpaste, mouthwash, antiperspirants, and sun tan | ||||||
21 | lotions and screens, unless those products are available by | ||||||
22 | prescription only, regardless of whether the products meet the | ||||||
23 | definition of "over-the-counter-drugs". For the purposes of | ||||||
24 | this paragraph, "over-the-counter-drug" means a drug for human | ||||||
25 | use that contains a label that identifies the product as a drug | ||||||
26 | as required by 21 C.F.R. § 201.66. The "over-the-counter-drug" |
| |||||||
| |||||||
1 | label includes: | ||||||
2 | (A) A "Drug Facts" panel; or | ||||||
3 | (B) A statement of the "active ingredient(s)" with a | ||||||
4 | list of those ingredients contained in the compound, | ||||||
5 | substance or preparation. | ||||||
6 | If the property that is purchased at retail from a retailer | ||||||
7 | is acquired
outside Illinois and used outside Illinois before | ||||||
8 | being brought to Illinois
for use here and is taxable under | ||||||
9 | this Act, the "selling price" on which
the tax is computed | ||||||
10 | shall be reduced by an amount that represents a
reasonable | ||||||
11 | allowance for depreciation for the period of prior out-of-state | ||||||
12 | use.
| ||||||
13 | (Source: P.A. 93-17, eff. 6-11-03; 09600HB0255enr.)
| ||||||
14 | Section 60-20. If and only if House Bill 255 of the 96th | ||||||
15 | General Assembly becomes law, the Service Use Tax Act is | ||||||
16 | amended by changing Section 3-10 as follows:
| ||||||
17 | (35 ILCS 110/3-10) (from Ch. 120, par. 439.33-10)
| ||||||
18 | Sec. 3-10. Rate of tax. Unless otherwise provided in this | ||||||
19 | Section,
the tax imposed by this Act is at the rate of 6.25% of | ||||||
20 | the selling
price of tangible personal property transferred as | ||||||
21 | an incident to the sale
of service, but, for the purpose of | ||||||
22 | computing this tax, in no event shall
the selling price be less | ||||||
23 | than the cost price of the property to the
serviceman.
| ||||||
24 | Beginning on July 1, 2000 and through December 31, 2000, |
| |||||||
| |||||||
1 | with respect to
motor fuel, as defined in Section 1.1 of the | ||||||
2 | Motor Fuel Tax
Law, and gasohol, as defined in Section 3-40 of | ||||||
3 | the Use Tax Act, the tax is
imposed at
the rate of 1.25%.
| ||||||
4 | With respect to gasohol, as defined in the Use Tax Act, the | ||||||
5 | tax imposed
by this Act applies to (i) 70% of the selling price | ||||||
6 | of property transferred
as an incident to the sale of service | ||||||
7 | on or after January 1, 1990,
and before July 1, 2003, (ii) 80% | ||||||
8 | of the selling price of
property transferred as an incident to | ||||||
9 | the sale of service on or after July
1, 2003 and on or before | ||||||
10 | December 31, 2013, and (iii)
100% of the selling price | ||||||
11 | thereafter.
If, at any time, however, the tax under this Act on | ||||||
12 | sales of gasohol, as
defined in
the Use Tax Act, is imposed at | ||||||
13 | the rate of 1.25%, then the
tax imposed by this Act applies to | ||||||
14 | 100% of the proceeds of sales of gasohol
made during that time.
| ||||||
15 | With respect to majority blended ethanol fuel, as defined | ||||||
16 | in the Use Tax Act,
the
tax
imposed by this Act does not apply | ||||||
17 | to the selling price of property transferred
as an incident to | ||||||
18 | the sale of service on or after July 1, 2003 and on or before
| ||||||
19 | December 31, 2013 but applies to 100% of the selling price | ||||||
20 | thereafter.
| ||||||
21 | With respect to biodiesel blends, as defined in the Use Tax | ||||||
22 | Act, with no less
than 1% and no
more than 10% biodiesel, the | ||||||
23 | tax imposed by this Act
applies to (i) 80% of the selling price | ||||||
24 | of property transferred as an incident
to the sale of service | ||||||
25 | on or after July 1, 2003 and on or before December 31,
2013 and | ||||||
26 | (ii) 100% of the proceeds of the selling price
thereafter.
If, |
| |||||||
| |||||||
1 | at any time, however, the tax under this Act on sales of | ||||||
2 | biodiesel blends,
as
defined in the Use Tax Act, with no less | ||||||
3 | than 1% and no more than 10% biodiesel
is imposed at the rate | ||||||
4 | of 1.25%, then the
tax imposed by this Act applies to 100% of | ||||||
5 | the proceeds of sales of biodiesel
blends with no less than 1% | ||||||
6 | and no more than 10% biodiesel
made
during that time.
| ||||||
7 | With respect to 100% biodiesel, as defined in the Use Tax | ||||||
8 | Act, and biodiesel
blends, as defined in the Use Tax Act, with
| ||||||
9 | more than 10% but no more than 99% biodiesel, the tax imposed | ||||||
10 | by this Act
does not apply to the proceeds of the selling price | ||||||
11 | of property transferred
as an incident to the sale of service | ||||||
12 | on or after July 1, 2003 and on or before
December 31, 2013 but | ||||||
13 | applies to 100% of the selling price thereafter.
| ||||||
14 | At the election of any registered serviceman made for each | ||||||
15 | fiscal year,
sales of service in which the aggregate annual | ||||||
16 | cost price of tangible
personal property transferred as an | ||||||
17 | incident to the sales of service is
less than 35%, or 75% in | ||||||
18 | the case of servicemen transferring prescription
drugs or | ||||||
19 | servicemen engaged in graphic arts production, of the aggregate
| ||||||
20 | annual total gross receipts from all sales of service, the tax | ||||||
21 | imposed by
this Act shall be based on the serviceman's cost | ||||||
22 | price of the tangible
personal property transferred as an | ||||||
23 | incident to the sale of those services.
| ||||||
24 | The tax shall be imposed at the rate of 1% on food prepared | ||||||
25 | for
immediate consumption and transferred incident to a sale of | ||||||
26 | service subject
to this Act or the Service Occupation Tax Act |
| |||||||
| |||||||
1 | by an entity licensed under
the Hospital Licensing Act, the | ||||||
2 | Nursing Home Care Act, or the
Child Care
Act of 1969. The tax | ||||||
3 | shall
also be imposed at the rate of 1% on food for human | ||||||
4 | consumption that is to be
consumed off the premises where it is | ||||||
5 | sold (other than alcoholic beverages,
soft drinks, and food | ||||||
6 | that has been prepared for immediate consumption and is
not | ||||||
7 | otherwise included in this paragraph) and prescription and | ||||||
8 | nonprescription
medicines, drugs, medical appliances, | ||||||
9 | modifications to a motor vehicle for the
purpose of rendering | ||||||
10 | it usable by a disabled person, and insulin, urine testing
| ||||||
11 | materials,
syringes, and needles used by diabetics, for
human | ||||||
12 | use. For the purposes of this Section, until August 1, 2009: | ||||||
13 | the term "soft drinks" means any
complete, finished, | ||||||
14 | ready-to-use, non-alcoholic drink, whether carbonated or
not, | ||||||
15 | including but not limited to soda water, cola, fruit juice, | ||||||
16 | vegetable
juice, carbonated water, and all other preparations | ||||||
17 | commonly known as soft
drinks of whatever kind or description | ||||||
18 | that are contained in any closed or
sealed bottle, can, carton, | ||||||
19 | or container, regardless of size; but "soft drinks"
does not | ||||||
20 | include coffee, tea, non-carbonated water, infant formula, | ||||||
21 | milk or
milk products as defined in the Grade A Pasteurized | ||||||
22 | Milk and Milk Products Act,
or drinks containing 50% or more | ||||||
23 | natural fruit or vegetable juice.
| ||||||
24 | Notwithstanding any other provisions of this
Act, | ||||||
25 | beginning August 1, 2009, "soft drinks" means mean | ||||||
26 | non-alcoholic beverages that contain natural or artificial |
| |||||||
| |||||||
1 | sweeteners. "Soft drinks" do not include beverages that contain | ||||||
2 | milk or milk products, soy, rice or similar milk substitutes, | ||||||
3 | or greater than 50% of vegetable or fruit juice by volume. | ||||||
4 | Until August 1, 2009, and notwithstanding Notwithstanding | ||||||
5 | any other provisions of this Act, "food for human
consumption | ||||||
6 | that is to be consumed off the premises where it is sold" | ||||||
7 | includes
all food sold through a vending machine, except soft | ||||||
8 | drinks, candy, and food products
that are dispensed hot from a | ||||||
9 | vending machine, regardless of the location of
the vending | ||||||
10 | machine. Beginning August 1, 2009, and notwithstanding any | ||||||
11 | other provisions of this Act, "food for human consumption that | ||||||
12 | is to be consumed off the premises where it is sold" includes | ||||||
13 | all food sold through a vending machine, except soft drinks, | ||||||
14 | candy, and food products that are dispensed hot from a vending | ||||||
15 | machine, regardless of the location of the vending machine.
| ||||||
16 | Notwithstanding any other provisions of this
Act, | ||||||
17 | beginning August 1, 2009, "food for human consumption that is | ||||||
18 | to be consumed off the premises where
it is sold" does not | ||||||
19 | include candy. For purposes of this Section, "candy" means a | ||||||
20 | preparation of sugar, honey, or other natural or artificial | ||||||
21 | sweeteners in combination with chocolate, fruits, nuts or other | ||||||
22 | ingredients or flavorings in the form of bars, drops, or | ||||||
23 | pieces. "Candy" does not include any preparation that contains | ||||||
24 | flour or requires refrigeration. | ||||||
25 | Notwithstanding any other provisions of this
Act, | ||||||
26 | beginning August 1, 2009, "nonprescription medicines and |
| |||||||
| |||||||
1 | drugs" does not include grooming and hygiene products. For | ||||||
2 | purposes of this Section, "grooming and hygiene products" | ||||||
3 | includes, but is not limited to, soaps and cleaning solutions, | ||||||
4 | shampoo, toothpaste, mouthwash, antiperspirants, and sun tan | ||||||
5 | lotions and screens, unless those products are available by | ||||||
6 | prescription only, regardless of whether the products meet the | ||||||
7 | definition of "over-the-counter-drugs". For the purposes of | ||||||
8 | this paragraph, "over-the-counter-drug" means a drug for human | ||||||
9 | use that contains a label that identifies the product as a drug | ||||||
10 | as required by 21 C.F.R. § 201.66. The "over-the-counter-drug" | ||||||
11 | label includes: | ||||||
12 | (A) A "Drug Facts" panel; or | ||||||
13 | (B) A statement of the "active ingredient(s)" with a | ||||||
14 | list of those ingredients contained in the compound, | ||||||
15 | substance or preparation. | ||||||
16 | If the property that is acquired from a serviceman is | ||||||
17 | acquired outside
Illinois and used outside Illinois before | ||||||
18 | being brought to Illinois for use
here and is taxable under | ||||||
19 | this Act, the "selling price" on which the tax
is computed | ||||||
20 | shall be reduced by an amount that represents a reasonable
| ||||||
21 | allowance for depreciation for the period of prior out-of-state | ||||||
22 | use.
| ||||||
23 | (Source: P.A. 93-17, eff. 6-11-03; 09600HB0255enr.)
| ||||||
24 | Section 60-25. If and only if House Bill 255 of the 96th | ||||||
25 | General Assembly becomes law, the Service Occupation Tax Act is |
| |||||||
| |||||||
1 | amended by changing Section 3-10 as follows:
| ||||||
2 | (35 ILCS 115/3-10) (from Ch. 120, par. 439.103-10)
| ||||||
3 | Sec. 3-10. Rate of tax. Unless otherwise provided in this | ||||||
4 | Section,
the tax imposed by this Act is at the rate of 6.25% of | ||||||
5 | the "selling price",
as defined in Section 2 of the Service Use | ||||||
6 | Tax Act, of the tangible
personal property. For the purpose of | ||||||
7 | computing this tax, in no event
shall the "selling price" be | ||||||
8 | less than the cost price to the serviceman of
the tangible | ||||||
9 | personal property transferred. The selling price of each item
| ||||||
10 | of tangible personal property transferred as an incident of a | ||||||
11 | sale of
service may be shown as a distinct and separate item on | ||||||
12 | the serviceman's
billing to the service customer. If the | ||||||
13 | selling price is not so shown, the
selling price of the | ||||||
14 | tangible personal property is deemed to be 50% of the
| ||||||
15 | serviceman's entire billing to the service customer. When, | ||||||
16 | however, a
serviceman contracts to design, develop, and produce | ||||||
17 | special order machinery or
equipment, the tax imposed by this | ||||||
18 | Act shall be based on the serviceman's
cost price of the | ||||||
19 | tangible personal property transferred incident to the
| ||||||
20 | completion of the contract.
| ||||||
21 | Beginning on July 1, 2000 and through December 31, 2000, | ||||||
22 | with respect to
motor fuel, as defined in Section 1.1 of the | ||||||
23 | Motor Fuel Tax
Law, and gasohol, as defined in Section 3-40 of | ||||||
24 | the Use Tax Act, the tax is
imposed at
the rate of 1.25%.
| ||||||
25 | With respect to gasohol, as defined in the Use Tax Act, the |
| |||||||
| |||||||
1 | tax imposed
by this Act shall apply to (i) 70% of the cost | ||||||
2 | price of property
transferred as
an incident to the sale of | ||||||
3 | service on or after January 1, 1990, and before
July 1, 2003, | ||||||
4 | (ii) 80% of the selling price of property transferred as an
| ||||||
5 | incident to the sale of service on or after July
1, 2003 and on | ||||||
6 | or before December 31, 2013, and (iii) 100%
of
the cost price
| ||||||
7 | thereafter.
If, at any time, however, the tax under this Act on | ||||||
8 | sales of gasohol, as
defined in
the Use Tax Act, is imposed at | ||||||
9 | the rate of 1.25%, then the
tax imposed by this Act applies to | ||||||
10 | 100% of the proceeds of sales of gasohol
made during that time.
| ||||||
11 | With respect to majority blended ethanol fuel, as defined | ||||||
12 | in the Use Tax Act,
the
tax
imposed by this Act does not apply | ||||||
13 | to the selling price of property transferred
as an incident to | ||||||
14 | the sale of service on or after July 1, 2003 and on or before
| ||||||
15 | December 31, 2013 but applies to 100% of the selling price | ||||||
16 | thereafter.
| ||||||
17 | With respect to biodiesel blends, as defined in the Use Tax | ||||||
18 | Act, with no less
than 1% and no
more than 10% biodiesel, the | ||||||
19 | tax imposed by this Act
applies to (i) 80% of the selling price | ||||||
20 | of property transferred as an incident
to the sale of service | ||||||
21 | on or after July 1, 2003 and on or before December 31,
2013 and | ||||||
22 | (ii) 100% of the proceeds of the selling price
thereafter.
If, | ||||||
23 | at any time, however, the tax under this Act on sales of | ||||||
24 | biodiesel blends,
as
defined in the Use Tax Act, with no less | ||||||
25 | than 1% and no more than 10% biodiesel
is imposed at the rate | ||||||
26 | of 1.25%, then the
tax imposed by this Act applies to 100% of |
| |||||||
| |||||||
1 | the proceeds of sales of biodiesel
blends with no less than 1% | ||||||
2 | and no more than 10% biodiesel
made
during that time.
| ||||||
3 | With respect to 100% biodiesel, as defined in the Use Tax | ||||||
4 | Act, and biodiesel
blends, as defined in the Use Tax Act, with
| ||||||
5 | more than 10% but no more than 99% biodiesel material, the tax | ||||||
6 | imposed by this
Act
does not apply to the proceeds of the | ||||||
7 | selling price of property transferred
as an incident to the | ||||||
8 | sale of service on or after July 1, 2003 and on or before
| ||||||
9 | December 31, 2013 but applies to 100% of the selling price | ||||||
10 | thereafter.
| ||||||
11 | At the election of any registered serviceman made for each | ||||||
12 | fiscal year,
sales of service in which the aggregate annual | ||||||
13 | cost price of tangible
personal property transferred as an | ||||||
14 | incident to the sales of service is
less than 35%, or 75% in | ||||||
15 | the case of servicemen transferring prescription
drugs or | ||||||
16 | servicemen engaged in graphic arts production, of the aggregate
| ||||||
17 | annual total gross receipts from all sales of service, the tax | ||||||
18 | imposed by
this Act shall be based on the serviceman's cost | ||||||
19 | price of the tangible
personal property transferred incident to | ||||||
20 | the sale of those services.
| ||||||
21 | The tax shall be imposed at the rate of 1% on food prepared | ||||||
22 | for
immediate consumption and transferred incident to a sale of | ||||||
23 | service subject
to this Act or the Service Occupation Tax Act | ||||||
24 | by an entity licensed under
the Hospital Licensing Act, the | ||||||
25 | Nursing Home Care Act, or the
Child Care Act of 1969. The tax | ||||||
26 | shall
also be imposed at the rate of 1% on food for human |
| |||||||
| |||||||
1 | consumption that is
to be consumed off the
premises where it is | ||||||
2 | sold (other than alcoholic beverages, soft drinks, and
food | ||||||
3 | that has been prepared for immediate consumption and is not
| ||||||
4 | otherwise included in this paragraph) and prescription and
| ||||||
5 | nonprescription medicines, drugs, medical appliances, | ||||||
6 | modifications to a motor
vehicle for the purpose of rendering | ||||||
7 | it usable by a disabled person, and
insulin, urine testing | ||||||
8 | materials, syringes, and needles used by diabetics, for
human | ||||||
9 | use. For the purposes of this Section, until August 1, 2009: | ||||||
10 | the term "soft drinks" means any
complete, finished, | ||||||
11 | ready-to-use, non-alcoholic drink, whether carbonated or
not, | ||||||
12 | including but not limited to soda water, cola, fruit juice, | ||||||
13 | vegetable
juice, carbonated water, and all other preparations | ||||||
14 | commonly known as soft
drinks of whatever kind or description | ||||||
15 | that are contained in any closed or
sealed can, carton, or | ||||||
16 | container, regardless of size; but "soft drinks" does not
| ||||||
17 | include coffee, tea, non-carbonated water, infant formula, | ||||||
18 | milk or milk
products as defined in the Grade A Pasteurized | ||||||
19 | Milk and Milk Products Act, or
drinks containing 50% or more | ||||||
20 | natural fruit or vegetable juice.
| ||||||
21 | Notwithstanding any other provisions of this
Act, | ||||||
22 | beginning August 1, 2009, "soft drinks" means mean | ||||||
23 | non-alcoholic beverages that contain natural or artificial | ||||||
24 | sweeteners. "Soft drinks" do not include beverages that contain | ||||||
25 | milk or milk products, soy, rice or similar milk substitutes, | ||||||
26 | or greater than 50% of vegetable or fruit juice by volume. |
| |||||||
| |||||||
1 | Until August 1, 2009, and notwithstanding Notwithstanding | ||||||
2 | any other provisions of this Act, "food for human consumption
| ||||||
3 | that is to be consumed off the premises where it is sold" | ||||||
4 | includes all food
sold through a vending machine, except soft | ||||||
5 | drinks, candy, and food products that are
dispensed hot from a | ||||||
6 | vending machine, regardless of the location of the vending
| ||||||
7 | machine. Beginning August 1, 2009, and notwithstanding any | ||||||
8 | other provisions of this Act, "food for human consumption that | ||||||
9 | is to be consumed off the premises where it is sold" includes | ||||||
10 | all food sold through a vending machine, except soft drinks, | ||||||
11 | candy, and food products that are dispensed hot from a vending | ||||||
12 | machine, regardless of the location of the vending machine.
| ||||||
13 | Notwithstanding any other provisions of this
Act, | ||||||
14 | beginning August 1, 2009, "food for human consumption that is | ||||||
15 | to be consumed off the premises where
it is sold" does not | ||||||
16 | include candy. For purposes of this Section, "candy" means a | ||||||
17 | preparation of sugar, honey, or other natural or artificial | ||||||
18 | sweeteners in combination with chocolate, fruits, nuts or other | ||||||
19 | ingredients or flavorings in the form of bars, drops, or | ||||||
20 | pieces. "Candy" does not include any preparation that contains | ||||||
21 | flour or requires refrigeration. | ||||||
22 | Notwithstanding any other provisions of this
Act, | ||||||
23 | beginning August 1, 2009, "nonprescription medicines and | ||||||
24 | drugs" does not include grooming and hygiene products. For | ||||||
25 | purposes of this Section, "grooming and hygiene products" | ||||||
26 | includes, but is not limited to, soaps and cleaning solutions, |
| |||||||
| |||||||
1 | shampoo, toothpaste, mouthwash, antiperspirants, and sun tan | ||||||
2 | lotions and screens, unless those products are available by | ||||||
3 | prescription only, regardless of whether the products meet the | ||||||
4 | definition of "over-the-counter-drugs". For the purposes of | ||||||
5 | this paragraph, "over-the-counter-drug" means a drug for human | ||||||
6 | use that contains a label that identifies the product as a drug | ||||||
7 | as required by 21 C.F.R. § 201.66. The "over-the-counter-drug" | ||||||
8 | label includes: | ||||||
9 | (A) A "Drug Facts" panel; or | ||||||
10 | (B) A statement of the "active ingredient(s)" with a | ||||||
11 | list of those ingredients contained in the compound, | ||||||
12 | substance or preparation. | ||||||
13 | (Source: P.A. 93-17, eff. 6-11-03; 09600HB0255enr.)
| ||||||
14 | Section 60-30. If and only if House Bill 255 of the 96th | ||||||
15 | General Assembly becomes law, the Retailers' Occupation Tax Act | ||||||
16 | is amended by changing Section 2-10 as follows:
| ||||||
17 | (35 ILCS 120/2-10) (from Ch. 120, par. 441-10)
| ||||||
18 | Sec. 2-10. Rate of tax. Unless otherwise provided in this | ||||||
19 | Section,
the tax imposed by this Act is at the rate of 6.25% of | ||||||
20 | gross receipts
from sales of tangible personal property made in | ||||||
21 | the course of business.
| ||||||
22 | Beginning on July 1, 2000 and through December 31, 2000, | ||||||
23 | with respect to
motor fuel, as defined in Section 1.1 of the | ||||||
24 | Motor Fuel Tax
Law, and gasohol, as defined in Section 3-40 of |
| |||||||
| |||||||
1 | the Use Tax Act, the tax is
imposed at the rate of 1.25%.
| ||||||
2 | Within 14 days after the effective date of this amendatory | ||||||
3 | Act of the 91st
General Assembly, each retailer of motor fuel | ||||||
4 | and gasohol shall cause the
following notice to be posted in a | ||||||
5 | prominently visible place on each retail
dispensing device that | ||||||
6 | is used to dispense motor
fuel or gasohol in the State of | ||||||
7 | Illinois: "As of July 1, 2000, the State of
Illinois has | ||||||
8 | eliminated the State's share of sales tax on motor fuel and
| ||||||
9 | gasohol through December 31, 2000. The price on this pump | ||||||
10 | should reflect the
elimination of the tax." The notice shall be | ||||||
11 | printed in bold print on a sign
that is no smaller than 4 | ||||||
12 | inches by 8 inches. The sign shall be clearly
visible to | ||||||
13 | customers. Any retailer who fails to post or maintain a | ||||||
14 | required
sign through December 31, 2000 is guilty of a petty | ||||||
15 | offense for which the fine
shall be $500 per day per each | ||||||
16 | retail premises where a violation occurs.
| ||||||
17 | With respect to gasohol, as defined in the Use Tax Act, the | ||||||
18 | tax imposed
by this Act applies to (i) 70% of the proceeds of | ||||||
19 | sales made on or after
January 1, 1990, and before July 1, | ||||||
20 | 2003, (ii) 80% of the proceeds of
sales made on or after July | ||||||
21 | 1, 2003 and on or before December 31,
2013, and (iii) 100% of | ||||||
22 | the proceeds of sales
made thereafter.
If, at any time, | ||||||
23 | however, the tax under this Act on sales of gasohol, as
defined | ||||||
24 | in
the Use Tax Act, is imposed at the rate of 1.25%, then the
| ||||||
25 | tax imposed by this Act applies to 100% of the proceeds of | ||||||
26 | sales of gasohol
made during that time.
|
| |||||||
| |||||||
1 | With respect to majority blended ethanol fuel, as defined | ||||||
2 | in the Use Tax Act,
the
tax
imposed by this Act does not apply | ||||||
3 | to the proceeds of sales made on or after
July 1, 2003 and on or | ||||||
4 | before December 31, 2013 but applies to 100% of the
proceeds of | ||||||
5 | sales made thereafter.
| ||||||
6 | With respect to biodiesel blends, as defined in the Use Tax | ||||||
7 | Act, with no less
than 1% and no
more than 10% biodiesel, the | ||||||
8 | tax imposed by this Act
applies to (i) 80% of the proceeds of | ||||||
9 | sales made on or after July 1, 2003
and on or before December | ||||||
10 | 31, 2013 and (ii) 100% of the
proceeds of sales made | ||||||
11 | thereafter.
If, at any time, however, the tax under this Act on | ||||||
12 | sales of biodiesel blends,
as
defined in the Use Tax Act, with | ||||||
13 | no less than 1% and no more than 10% biodiesel
is imposed at | ||||||
14 | the rate of 1.25%, then the
tax imposed by this Act applies to | ||||||
15 | 100% of the proceeds of sales of biodiesel
blends with no less | ||||||
16 | than 1% and no more than 10% biodiesel
made
during that time.
| ||||||
17 | With respect to 100% biodiesel, as defined in the Use Tax | ||||||
18 | Act, and biodiesel
blends, as defined in the Use Tax Act, with
| ||||||
19 | more than 10% but no more than 99% biodiesel, the tax imposed | ||||||
20 | by this Act
does not apply to the proceeds of sales made on or | ||||||
21 | after July 1, 2003
and on or before December 31, 2013 but | ||||||
22 | applies to 100% of the
proceeds of sales made thereafter.
| ||||||
23 | With respect to food for human consumption that is to be | ||||||
24 | consumed off the
premises where it is sold (other than | ||||||
25 | alcoholic beverages, soft drinks, and
food that has been | ||||||
26 | prepared for immediate consumption) and prescription and
|
| |||||||
| |||||||
1 | nonprescription medicines, drugs, medical appliances, | ||||||
2 | modifications to a motor
vehicle for the purpose of rendering | ||||||
3 | it usable by a disabled person, and
insulin, urine testing | ||||||
4 | materials, syringes, and needles used by diabetics, for
human | ||||||
5 | use, the tax is imposed at the rate of 1%. For the purposes of | ||||||
6 | this
Section, until August 1, 2009: the term "soft drinks" | ||||||
7 | means any complete, finished, ready-to-use,
non-alcoholic | ||||||
8 | drink, whether carbonated or not, including but not limited to
| ||||||
9 | soda water, cola, fruit juice, vegetable juice, carbonated | ||||||
10 | water, and all other
preparations commonly known as soft drinks | ||||||
11 | of whatever kind or description that
are contained in any | ||||||
12 | closed or sealed bottle, can, carton, or container,
regardless | ||||||
13 | of size; but "soft drinks" does not include coffee, tea, | ||||||
14 | non-carbonated
water, infant formula, milk or milk products as | ||||||
15 | defined in the Grade A
Pasteurized Milk and Milk Products Act, | ||||||
16 | or drinks containing 50% or more
natural fruit or vegetable | ||||||
17 | juice.
| ||||||
18 | Notwithstanding any other provisions of this
Act, | ||||||
19 | beginning August 1, 2009, "soft drinks" means mean | ||||||
20 | non-alcoholic beverages that contain natural or artificial | ||||||
21 | sweeteners. "Soft drinks" do not include beverages that contain | ||||||
22 | milk or milk products, soy, rice or similar milk substitutes, | ||||||
23 | or greater than 50% of vegetable or fruit juice by volume. | ||||||
24 | Until August 1, 2009, and notwithstanding Notwithstanding | ||||||
25 | any other provisions of this
Act, "food for human consumption | ||||||
26 | that is to be consumed off the premises where
it is sold" |
| |||||||
| |||||||
1 | includes all food sold through a vending machine, except soft
| ||||||
2 | drinks, candy, and food products that are dispensed hot from a | ||||||
3 | vending machine,
regardless of the location of the vending | ||||||
4 | machine. Beginning August 1, 2009, and notwithstanding any | ||||||
5 | other provisions of this Act, "food for human consumption that | ||||||
6 | is to be consumed off the premises where it is sold" includes | ||||||
7 | all food sold through a vending machine, except soft drinks, | ||||||
8 | candy, and food products that are dispensed hot from a vending | ||||||
9 | machine, regardless of the location of the vending machine.
| ||||||
10 | Notwithstanding any other provisions of this
Act, | ||||||
11 | beginning August 1, 2009, "food for human consumption that is | ||||||
12 | to be consumed off the premises where
it is sold" does not | ||||||
13 | include candy. For purposes of this Section, "candy" means a | ||||||
14 | preparation of sugar, honey, or other natural or artificial | ||||||
15 | sweeteners in combination with chocolate, fruits, nuts or other | ||||||
16 | ingredients or flavorings in the form of bars, drops, or | ||||||
17 | pieces. "Candy" does not include any preparation that contains | ||||||
18 | flour or requires refrigeration. | ||||||
19 | Notwithstanding any other provisions of this
Act, | ||||||
20 | beginning August 1, 2009, "nonprescription medicines and | ||||||
21 | drugs" does not include grooming and hygiene products. For | ||||||
22 | purposes of this Section, "grooming and hygiene products" | ||||||
23 | includes, but is not limited to, soaps and cleaning solutions, | ||||||
24 | shampoo, toothpaste, mouthwash, antiperspirants, and sun tan | ||||||
25 | lotions and screens, unless those products are available by | ||||||
26 | prescription only, regardless of whether the products meet the |
| |||||||
| |||||||
1 | definition of "over-the-counter-drugs". For the purposes of | ||||||
2 | this paragraph, "over-the-counter-drug" means a drug for human | ||||||
3 | use that contains a label that identifies the product as a drug | ||||||
4 | as required by 21 C.F.R. § 201.66. The "over-the-counter-drug" | ||||||
5 | label includes: | ||||||
6 | (A) A "Drug Facts" panel; or | ||||||
7 | (B) A statement of the "active ingredient(s)" with a | ||||||
8 | list of those ingredients contained in the compound, | ||||||
9 | substance or preparation. | ||||||
10 | (Source: P.A. 93-17, eff. 6-11-03; 09600HB0255enr.)
| ||||||
11 | Section 60-32. If and only if House Bill 255 of the 96th | ||||||
12 | General Assembly becomes law, the Riverboat Gambling Act is | ||||||
13 | amended by changing Section 13 and adding Section 24 as | ||||||
14 | follows:
| ||||||
15 | (230 ILCS 10/13) (from Ch. 120, par. 2413)
| ||||||
16 | Sec. 13. Wagering tax; rate; distribution.
| ||||||
17 | (a) Until January 1, 1998, a tax is imposed on the adjusted | ||||||
18 | gross
receipts received from gambling games authorized under | ||||||
19 | this Act at the rate of
20%.
| ||||||
20 | (a-1) From January 1, 1998 until July 1, 2002, a privilege | ||||||
21 | tax is
imposed on persons engaged in the business of conducting | ||||||
22 | riverboat gambling
operations, based on the adjusted gross | ||||||
23 | receipts received by a licensed owner
from gambling games | ||||||
24 | authorized under this Act at the following rates:
|
| |||||||
| |||||||
1 | 15% of annual adjusted gross receipts up to and | ||||||
2 | including $25,000,000;
| ||||||
3 | 20% of annual adjusted gross receipts in excess of | ||||||
4 | $25,000,000 but not
exceeding $50,000,000;
| ||||||
5 | 25% of annual adjusted gross receipts in excess of | ||||||
6 | $50,000,000 but not
exceeding $75,000,000;
| ||||||
7 | 30% of annual adjusted gross receipts in excess of | ||||||
8 | $75,000,000 but not
exceeding $100,000,000;
| ||||||
9 | 35% of annual adjusted gross receipts in excess of | ||||||
10 | $100,000,000.
| ||||||
11 | (a-2) From July 1, 2002 until July 1, 2003, a privilege tax | ||||||
12 | is imposed on
persons engaged in the business of conducting | ||||||
13 | riverboat gambling operations,
other than licensed managers | ||||||
14 | conducting riverboat gambling operations on behalf
of the | ||||||
15 | State, based on the adjusted gross receipts received by a | ||||||
16 | licensed
owner from gambling games authorized under this Act at | ||||||
17 | the following rates:
| ||||||
18 | 15% of annual adjusted gross receipts up to and | ||||||
19 | including $25,000,000;
| ||||||
20 | 22.5% of annual adjusted gross receipts in excess of | ||||||
21 | $25,000,000 but not
exceeding $50,000,000;
| ||||||
22 | 27.5% of annual adjusted gross receipts in excess of | ||||||
23 | $50,000,000 but not
exceeding $75,000,000;
| ||||||
24 | 32.5% of annual adjusted gross receipts in excess of | ||||||
25 | $75,000,000 but not
exceeding $100,000,000;
| ||||||
26 | 37.5% of annual adjusted gross receipts in excess of |
| |||||||
| |||||||
1 | $100,000,000 but not
exceeding $150,000,000;
| ||||||
2 | 45% of annual adjusted gross receipts in excess of | ||||||
3 | $150,000,000 but not
exceeding $200,000,000;
| ||||||
4 | 50% of annual adjusted gross receipts in excess of | ||||||
5 | $200,000,000.
| ||||||
6 | (a-3) Beginning July 1, 2003, a privilege tax is imposed on | ||||||
7 | persons engaged
in the business of conducting riverboat | ||||||
8 | gambling operations, other than
licensed managers conducting | ||||||
9 | riverboat gambling operations on behalf of the
State, based on | ||||||
10 | the adjusted gross receipts received by a licensed owner from
| ||||||
11 | gambling games authorized under this Act at the following | ||||||
12 | rates:
| ||||||
13 | 15% of annual adjusted gross receipts up to and | ||||||
14 | including $25,000,000;
| ||||||
15 | 27.5% of annual adjusted gross receipts in excess of | ||||||
16 | $25,000,000 but not
exceeding $37,500,000;
| ||||||
17 | 32.5% of annual adjusted gross receipts in excess of | ||||||
18 | $37,500,000 but not
exceeding $50,000,000;
| ||||||
19 | 37.5% of annual adjusted gross receipts in excess of | ||||||
20 | $50,000,000 but not
exceeding $75,000,000;
| ||||||
21 | 45% of annual adjusted gross receipts in excess of | ||||||
22 | $75,000,000 but not
exceeding $100,000,000;
| ||||||
23 | 50% of annual adjusted gross receipts in excess of | ||||||
24 | $100,000,000 but not
exceeding $250,000,000;
| ||||||
25 | 70% of annual adjusted gross receipts in excess of | ||||||
26 | $250,000,000.
|
| |||||||
| |||||||
1 | An amount equal to the amount of wagering taxes collected | ||||||
2 | under this
subsection (a-3) that are in addition to the amount | ||||||
3 | of wagering taxes that
would have been collected if the | ||||||
4 | wagering tax rates under subsection (a-2)
were in effect shall | ||||||
5 | be paid into the Common School Fund.
| ||||||
6 | The privilege tax imposed under this subsection (a-3) shall | ||||||
7 | no longer be
imposed beginning on the earlier of (i) July 1, | ||||||
8 | 2005; (ii) the first date
after June 20, 2003 that riverboat | ||||||
9 | gambling operations are conducted
pursuant to a dormant | ||||||
10 | license; or (iii) the first day that riverboat gambling
| ||||||
11 | operations are conducted under the authority of an owners | ||||||
12 | license that is in
addition to the 10 owners licenses initially | ||||||
13 | authorized under this Act.
For the purposes of this subsection | ||||||
14 | (a-3), the term "dormant license"
means an owners license that | ||||||
15 | is authorized by this Act under which no
riverboat gambling | ||||||
16 | operations are being conducted on June 20, 2003.
| ||||||
17 | (a-4) Beginning on the first day on which the tax imposed | ||||||
18 | under
subsection (a-3) is no longer imposed, a privilege tax is | ||||||
19 | imposed on persons
engaged in the business of conducting | ||||||
20 | riverboat gambling operations, other
than licensed managers | ||||||
21 | conducting riverboat gambling operations on behalf of
the | ||||||
22 | State, based on the adjusted gross receipts received by a | ||||||
23 | licensed owner
from gambling games authorized under this Act at | ||||||
24 | the following rates:
| ||||||
25 | 15% of annual adjusted gross receipts up to and | ||||||
26 | including $25,000,000;
|
| |||||||
| |||||||
1 | 22.5% of annual adjusted gross receipts in excess of | ||||||
2 | $25,000,000 but not
exceeding $50,000,000;
| ||||||
3 | 27.5% of annual adjusted gross receipts in excess of | ||||||
4 | $50,000,000 but not
exceeding $75,000,000;
| ||||||
5 | 32.5% of annual adjusted gross receipts in excess of | ||||||
6 | $75,000,000 but not
exceeding $100,000,000;
| ||||||
7 | 37.5% of annual adjusted gross receipts in excess of | ||||||
8 | $100,000,000 but not
exceeding $150,000,000;
| ||||||
9 | 45% of annual adjusted gross receipts in excess of | ||||||
10 | $150,000,000 but not
exceeding $200,000,000;
| ||||||
11 | 50% of annual adjusted gross receipts in excess of | ||||||
12 | $200,000,000.
| ||||||
13 | (a-8) Riverboat gambling operations conducted by a | ||||||
14 | licensed manager on
behalf of the State are not subject to the | ||||||
15 | tax imposed under this Section.
| ||||||
16 | (a-10) The taxes imposed by this Section shall be paid by | ||||||
17 | the licensed
owner to the Board not later than 3:00 o'clock | ||||||
18 | p.m. of the day after the day
when the wagers were made.
| ||||||
19 | (a-15) If the privilege tax imposed under subsection (a-3) | ||||||
20 | is no longer imposed pursuant to item (i) of the last paragraph | ||||||
21 | of subsection (a-3), then by June 15 of each year, each owners | ||||||
22 | licensee, other than an owners licensee that admitted 1,000,000 | ||||||
23 | persons or
fewer in calendar year 2004, must, in addition to | ||||||
24 | the payment of all amounts otherwise due under this Section, | ||||||
25 | pay to the Board a reconciliation payment in the amount, if | ||||||
26 | any, by which the licensed owner's base amount exceeds the |
| |||||||
| |||||||
1 | amount of net privilege tax paid by the licensed owner to the | ||||||
2 | Board in the then current State fiscal year. A licensed owner's | ||||||
3 | net privilege tax obligation due for the balance of the State | ||||||
4 | fiscal year shall be reduced up to the total of the amount paid | ||||||
5 | by the licensed owner in its June 15 reconciliation payment. | ||||||
6 | The obligation imposed by this subsection (a-15) is binding on | ||||||
7 | any person, firm, corporation, or other entity that acquires an | ||||||
8 | ownership interest in any such owners license. The obligation | ||||||
9 | imposed under this subsection (a-15) terminates on the earliest | ||||||
10 | of: (i) July 1, 2007, (ii) the first day after the effective | ||||||
11 | date of this amendatory Act of the 94th General Assembly that | ||||||
12 | riverboat gambling operations are conducted pursuant to a | ||||||
13 | dormant license, (iii) the first day that riverboat gambling | ||||||
14 | operations are conducted under the authority of an owners | ||||||
15 | license that is in addition to the 10 owners licenses initially | ||||||
16 | authorized under this Act, or (iv) the first day that a | ||||||
17 | licensee under the Illinois Horse Racing Act of 1975 conducts | ||||||
18 | gaming operations with slot machines or other electronic gaming | ||||||
19 | devices. The Board must reduce the obligation imposed under | ||||||
20 | this subsection (a-15) by an amount the Board deems reasonable | ||||||
21 | for any of the following reasons: (A) an act or acts of God, | ||||||
22 | (B) an act of bioterrorism or terrorism or a bioterrorism or | ||||||
23 | terrorism threat that was investigated by a law enforcement | ||||||
24 | agency, or (C) a condition beyond the control of the owners | ||||||
25 | licensee that does not result from any act or omission by the | ||||||
26 | owners licensee or any of its agents and that poses a hazardous |
| |||||||
| |||||||
1 | threat to the health and safety of patrons. If an owners | ||||||
2 | licensee pays an amount in excess of its liability under this | ||||||
3 | Section, the Board shall apply the overpayment to future | ||||||
4 | payments required under this Section. | ||||||
5 | For purposes of this subsection (a-15): | ||||||
6 | "Act of God" means an incident caused by the operation of | ||||||
7 | an extraordinary force that cannot be foreseen, that cannot be | ||||||
8 | avoided by the exercise of due care, and for which no person | ||||||
9 | can be held liable.
| ||||||
10 | "Base amount" means the following: | ||||||
11 | For a riverboat in Alton, $31,000,000.
| ||||||
12 | For a riverboat in East Peoria, $43,000,000.
| ||||||
13 | For the Empress riverboat in Joliet, $86,000,000.
| ||||||
14 | For a riverboat in Metropolis, $45,000,000.
| ||||||
15 | For the Harrah's riverboat in Joliet, $114,000,000.
| ||||||
16 | For a riverboat in Aurora, $86,000,000.
| ||||||
17 | For a riverboat in East St. Louis, $48,500,000.
| ||||||
18 | For a riverboat in Elgin, $198,000,000.
| ||||||
19 | "Dormant license" has the meaning ascribed to it in | ||||||
20 | subsection (a-3).
| ||||||
21 | "Net privilege tax" means all privilege taxes paid by a | ||||||
22 | licensed owner to the Board under this Section, less all | ||||||
23 | payments made from the State Gaming Fund pursuant to subsection | ||||||
24 | (b) of this Section. | ||||||
25 | The changes made to this subsection (a-15) by Public Act | ||||||
26 | 94-839 are intended to restate and clarify the intent of Public |
| |||||||
| |||||||
1 | Act 94-673 with respect to the amount of the payments required | ||||||
2 | to be made under this subsection by an owners licensee to the | ||||||
3 | Board.
| ||||||
4 | (b) Until January 1, 1998, 25% of the tax revenue deposited | ||||||
5 | in the State
Gaming Fund under this Section shall be paid, | ||||||
6 | subject to appropriation by the
General Assembly, to the unit | ||||||
7 | of local government which is designated as the
home dock of the | ||||||
8 | riverboat. Beginning January 1, 1998, from the tax revenue
| ||||||
9 | deposited in the State Gaming Fund under this Section, an | ||||||
10 | amount equal to 5% of
adjusted gross receipts generated by a | ||||||
11 | riverboat shall be paid monthly, subject
to appropriation by | ||||||
12 | the General Assembly, to the unit of local government that
is | ||||||
13 | designated as the home dock of the riverboat. From the tax | ||||||
14 | revenue
deposited in the State Gaming Fund pursuant to | ||||||
15 | riverboat gambling operations
conducted by a licensed manager | ||||||
16 | on behalf of the State, an amount equal to 5%
of adjusted gross | ||||||
17 | receipts generated pursuant to those riverboat gambling
| ||||||
18 | operations shall be paid monthly,
subject to appropriation by | ||||||
19 | the General Assembly, to the unit of local
government that is | ||||||
20 | designated as the home dock of the riverboat upon which
those | ||||||
21 | riverboat gambling operations are conducted.
| ||||||
22 | (c) Appropriations, as approved by the General Assembly, | ||||||
23 | may be made
from the State Gaming Fund to the Department of | ||||||
24 | Revenue and the Department
of State Police for the | ||||||
25 | administration and enforcement of this Act and the Video Gaming | ||||||
26 | Act , or to the
Department of Human Services for the |
| |||||||
| |||||||
1 | administration of programs to treat
problem gambling.
| ||||||
2 | (c-5) Before May 26, 2006 (the effective date of Public Act | ||||||
3 | 94-804) and beginning on the effective date of this amendatory | ||||||
4 | Act of the 95th General Assembly, unless any organization | ||||||
5 | licensee under the Illinois Horse Racing Act of 1975 begins to | ||||||
6 | operate a slot machine or video game of chance under the | ||||||
7 | Illinois Horse Racing Act of 1975 or this Act, after the | ||||||
8 | payments required under subsections (b) and (c) have been
made, | ||||||
9 | an amount equal to 15% of the adjusted gross receipts of (1) an | ||||||
10 | owners
licensee that relocates pursuant to Section 11.2,
(2) an | ||||||
11 | owners licensee
conducting riverboat gambling operations
| ||||||
12 | pursuant to an
owners license that is initially issued after | ||||||
13 | June
25, 1999,
or (3) the first
riverboat gambling operations | ||||||
14 | conducted by a licensed manager on behalf of the
State under | ||||||
15 | Section 7.3,
whichever comes first, shall be paid from the | ||||||
16 | State
Gaming Fund into the Horse Racing Equity Fund.
| ||||||
17 | (c-10) Each year the General Assembly shall appropriate | ||||||
18 | from the General
Revenue Fund to the Education Assistance Fund | ||||||
19 | an amount equal to the amount
paid into the Horse Racing Equity | ||||||
20 | Fund pursuant to subsection (c-5) in the
prior calendar year.
| ||||||
21 | (c-15) After the payments required under subsections (b), | ||||||
22 | (c), and (c-5)
have been made, an amount equal to 2% of the | ||||||
23 | adjusted gross receipts of (1)
an owners licensee that | ||||||
24 | relocates pursuant to Section 11.2, (2) an owners
licensee | ||||||
25 | conducting riverboat gambling operations pursuant to
an
owners | ||||||
26 | license that is initially issued after June 25, 1999,
or (3) |
| |||||||
| |||||||
1 | the first
riverboat gambling operations conducted by a licensed | ||||||
2 | manager on behalf of the
State under Section 7.3,
whichever | ||||||
3 | comes first, shall be paid, subject to appropriation
from the | ||||||
4 | General Assembly, from the State Gaming Fund to each home rule
| ||||||
5 | county with a population of over 3,000,000 inhabitants for the | ||||||
6 | purpose of
enhancing the county's criminal justice system.
| ||||||
7 | (c-20) Each year the General Assembly shall appropriate | ||||||
8 | from the General
Revenue Fund to the Education Assistance Fund | ||||||
9 | an amount equal to the amount
paid to each home rule county | ||||||
10 | with a population of over 3,000,000 inhabitants
pursuant to | ||||||
11 | subsection (c-15) in the prior calendar year.
| ||||||
12 | (c-25) After the payments required under subsections (b), | ||||||
13 | (c), (c-5) and
(c-15) have been made, an amount equal to 2% of | ||||||
14 | the
adjusted gross receipts of (1) an owners licensee
that
| ||||||
15 | relocates pursuant to Section 11.2, (2) an
owners
licensee | ||||||
16 | conducting riverboat gambling operations pursuant to
an
owners | ||||||
17 | license
that is initially issued after June 25, 1999,
or (3) | ||||||
18 | the first
riverboat gambling operations conducted by a licensed | ||||||
19 | manager on behalf of the
State under Section 7.3,
whichever
| ||||||
20 | comes first,
shall be paid from the State
Gaming Fund to | ||||||
21 | Chicago State University.
| ||||||
22 | (d) From time to time, the
Board shall transfer the | ||||||
23 | remainder of the funds
generated by this Act into the Education
| ||||||
24 | Assistance Fund, created by Public Act 86-0018, of the State of | ||||||
25 | Illinois.
| ||||||
26 | (e) Nothing in this Act shall prohibit the unit of local |
| |||||||
| |||||||
1 | government
designated as the home dock of the riverboat from | ||||||
2 | entering into agreements
with other units of local government | ||||||
3 | in this State or in other states to
share its portion of the | ||||||
4 | tax revenue.
| ||||||
5 | (f) To the extent practicable, the Board shall administer | ||||||
6 | and collect the
wagering taxes imposed by this Section in a | ||||||
7 | manner consistent with the
provisions of Sections 4, 5, 5a, 5b, | ||||||
8 | 5c, 5d, 5e, 5f, 5g, 5i, 5j, 6, 6a, 6b,
6c, 8, 9, and 10 of the | ||||||
9 | Retailers' Occupation Tax Act and Section 3-7 of the
Uniform | ||||||
10 | Penalty and Interest Act.
| ||||||
11 | (Source: P.A. 94-673, eff. 8-23-05; 94-804, eff. 5-26-06; | ||||||
12 | 94-839, eff. 6-6-06; 95-331, eff. 8-21-07; 95-1008, eff. | ||||||
13 | 12-15-08.)
| ||||||
14 | (230 ILCS 10/24 new)
| ||||||
15 | Sec. 24. Applicability of Illinois Riverboat Gambling Act. | ||||||
16 | The provisions of the Illinois Riverboat Gambling Act, and all | ||||||
17 | rules promulgated thereunder, shall apply to the Video Gaming | ||||||
18 | Act, except where there is a conflict between the 2 Acts.
| ||||||
19 | Section 60-35. If and only if House Bill 255 of the 96th | ||||||
20 | General Assembly becomes law, the Liquor Control Act of 1934 is | ||||||
21 | amended by changing Section 8-1 as follows:
| ||||||
22 | (235 ILCS 5/8-1) (from Ch. 43, par. 158)
| ||||||
23 | Sec. 8-1.
A tax is imposed upon the privilege of engaging |
| |||||||
| |||||||
1 | in business as a
manufacturer or as an importing distributor of | ||||||
2 | alcoholic liquor other than beer
at the rate of $0.185 per | ||||||
3 | gallon for cider containing not less than
0.5% alcohol by | ||||||
4 | volume nor more than 7% alcohol by volume, $0.73
per gallon | ||||||
5 | until August 1, 2009 and $1.39 per gallon beginning August 1, | ||||||
6 | 2009 for wine other than
cider containing less than 7% alcohol | ||||||
7 | by volume, and $4.50
per gallon until August 1, 2009 and $8.55 | ||||||
8 | per gallon beginning August 1, 2009 on alcohol and spirits | ||||||
9 | manufactured and sold or used by such
manufacturer, or as agent | ||||||
10 | for any other person, or sold or used by such
importing | ||||||
11 | distributor, or as agent for any other person. A tax is imposed
| ||||||
12 | upon the privilege of engaging in business as a manufacturer of | ||||||
13 | beer or as an
importing distributor of beer at the rate of | ||||||
14 | $0.185 per gallon until August 1, 2009 and $0.231 per gallon | ||||||
15 | beginning August 1, 2009 on
all beer manufactured and sold or | ||||||
16 | used by such manufacturer, or as agent for
any other person, or | ||||||
17 | sold or used by such importing distributor, or as agent
for any | ||||||
18 | other person. Any brewer manufacturing beer in this State shall | ||||||
19 | be
entitled to and given a credit or refund of 75% of the tax | ||||||
20 | imposed on each
gallon of beer up to 4.9 million gallons per | ||||||
21 | year in any given calendar year
for tax paid or payable on beer | ||||||
22 | produced and sold in the State of Illinois.
| ||||||
23 | For the purpose of this Section, "cider" means any | ||||||
24 | alcoholic beverage
obtained by the alcohol fermentation of the | ||||||
25 | juice of apples or pears
including, but not limited to, | ||||||
26 | flavored, sparkling, or carbonated cider.
|
| |||||||
| |||||||
1 | The credit or refund created by this Act shall apply to all | ||||||
2 | beer taxes
in the calendar years 1982 through 1986.
| ||||||
3 | The increases made by this amendatory Act of the 91st | ||||||
4 | General Assembly in
the rates of taxes imposed under this | ||||||
5 | Section shall apply beginning on July
1, 1999.
| ||||||
6 | A tax at the rate of 1¢ per gallon on beer and 48¢ per | ||||||
7 | gallon on
alcohol and spirits is also imposed upon the | ||||||
8 | privilege of engaging in
business as a retailer or as a | ||||||
9 | distributor who is not also an importing
distributor with | ||||||
10 | respect to all beer and all alcohol and spirits owned
or | ||||||
11 | possessed by such retailer or distributor when this amendatory | ||||||
12 | Act of
1969 becomes effective, and with respect to which the | ||||||
13 | additional tax
imposed by this amendatory Act upon | ||||||
14 | manufacturers and importing
distributors does not apply. | ||||||
15 | Retailers and distributors who are subject
to the additional | ||||||
16 | tax imposed by this paragraph of this Section shall be
required | ||||||
17 | to inventory such alcoholic liquor and to pay this additional
| ||||||
18 | tax in a manner prescribed by the Department.
| ||||||
19 | The provisions of this Section shall be construed to apply | ||||||
20 | to any
importing distributor engaging in business in this | ||||||
21 | State, whether
licensed or not.
| ||||||
22 | However, such tax is not imposed upon any such business as | ||||||
23 | to any
alcoholic liquor shipped outside Illinois by an Illinois | ||||||
24 | licensed
manufacturer or importing distributor, nor as to any | ||||||
25 | alcoholic liquor
delivered in Illinois by an Illinois licensed | ||||||
26 | manufacturer or importing
distributor to a purchaser for |
| |||||||
| |||||||
1 | immediate transportation by the purchaser
to another state into | ||||||
2 | which the purchaser has a legal right, under the
laws of such | ||||||
3 | state, to import such alcoholic liquor, nor as to any
alcoholic | ||||||
4 | liquor other than beer sold by one Illinois licensed
| ||||||
5 | manufacturer or importing distributor to another Illinois | ||||||
6 | licensed
manufacturer or importing distributor to the extent to | ||||||
7 | which the sale of
alcoholic liquor other than beer by one | ||||||
8 | Illinois licensed manufacturer
or importing distributor to | ||||||
9 | another Illinois licensed manufacturer or
importing | ||||||
10 | distributor is authorized by the licensing provisions of this
| ||||||
11 | Act, nor to alcoholic liquor whether manufactured in or | ||||||
12 | imported into
this State when sold to a "non-beverage user" | ||||||
13 | licensed by the State for
use in the manufacture of any of the | ||||||
14 | following when they are unfit for
beverage purposes:
| ||||||
15 | Patent and proprietary medicines and medicinal, | ||||||
16 | antiseptic, culinary
and toilet preparations;
| ||||||
17 | Flavoring extracts and syrups and food products;
| ||||||
18 | Scientific, industrial and chemical products, excepting | ||||||
19 | denatured
alcohol;
| ||||||
20 | Or for scientific, chemical, experimental or mechanical | ||||||
21 | purposes;
| ||||||
22 | Nor is the tax imposed upon the privilege of engaging in | ||||||
23 | any business
in interstate commerce or otherwise, which | ||||||
24 | business may not, under the
Constitution and Statutes of the | ||||||
25 | United States, be made the subject of
taxation by this State.
| ||||||
26 | The tax herein imposed shall be in addition to all other |
| |||||||
| |||||||
1 | occupation
or privilege taxes imposed by the State of Illinois | ||||||
2 | or political
subdivision thereof.
| ||||||
3 | If any alcoholic liquor manufactured in or imported into | ||||||
4 | this State
is sold to a licensed manufacturer or importing | ||||||
5 | distributor by a
licensed manufacturer or importing | ||||||
6 | distributor to be used solely as an
ingredient in the | ||||||
7 | manufacture of any beverage for human consumption, the
tax | ||||||
8 | imposed upon such purchasing manufacturer or importing | ||||||
9 | distributor
shall be reduced by the amount of the taxes which | ||||||
10 | have been paid by the
selling manufacturer or importing | ||||||
11 | distributor under this Act as to such
alcoholic liquor so used | ||||||
12 | to the Department of Revenue.
| ||||||
13 | If any person received any alcoholic liquors from a | ||||||
14 | manufacturer or
importing distributor, with respect to which | ||||||
15 | alcoholic liquors no tax is
imposed under this Article, and | ||||||
16 | such alcoholic liquor shall thereafter
be disposed of in such | ||||||
17 | manner or under such circumstances as may cause
the same to | ||||||
18 | become the base for the tax imposed by this Article, such
| ||||||
19 | person shall make the same reports and returns, pay the same | ||||||
20 | taxes and
be subject to all other provisions of this Article | ||||||
21 | relating to
manufacturers and importing distributors.
| ||||||
22 | Nothing in this Article shall be construed to require the | ||||||
23 | payment to
the Department of the taxes imposed by this Article | ||||||
24 | more than once with
respect to any quantity of alcoholic liquor | ||||||
25 | sold or used within this
State.
| ||||||
26 | No tax is imposed by this Act on sales of alcoholic liquor |
| |||||||
| |||||||
1 | by
Illinois licensed foreign importers to Illinois licensed | ||||||
2 | importing
distributors.
| ||||||
3 | All of the proceeds of the additional tax imposed by this | ||||||
4 | amendatory Act of the 96th General Assembly shall be deposited | ||||||
5 | by the Department into the Capital Projects Fund. The remainder | ||||||
6 | of the tax imposed by this Act shall be deposited by the | ||||||
7 | Department into the General Revenue Fund. | ||||||
8 | The provisions of this Section 8-1 are severable under | ||||||
9 | Section 1.31 of the Statute on Statutes. | ||||||
10 | (Source: P.A. 90-625, eff. 7-10-98; 91-38, eff. 6-15-99; | ||||||
11 | 09600HB0255enr.)
| ||||||
12 | Section 60-40. If and only if House Bill 255 of the 96th | ||||||
13 | General Assembly becomes law, the Illinois Vehicle Code is | ||||||
14 | amended by changing Sections 15-102, 15-107, and 15-111 as | ||||||
15 | follows:
| ||||||
16 | (625 ILCS 5/15-102) (from Ch. 95 1/2, par. 15-102)
| ||||||
17 | Sec. 15-102. Width of Vehicles.
| ||||||
18 | (a) On Class III and non-designated State and local | ||||||
19 | highways, the total
outside width of any vehicle or load | ||||||
20 | thereon shall not exceed 8 feet.
| ||||||
21 | (b) Except during those times when, due to insufficient | ||||||
22 | light or unfavorable
atmospheric conditions, persons and | ||||||
23 | vehicles on the highway are not clearly
discernible at a | ||||||
24 | distance of 1000 feet, the following vehicles may exceed
the 8 |
| |||||||
| |||||||
1 | feet limitation during the period from a half hour before
| ||||||
2 | sunrise to a half hour after sunset:
| ||||||
3 | (1) Loads of hay, straw or other similar farm products | ||||||
4 | provided that the
load is not more than 12 feet wide.
| ||||||
5 | (2) Implements of husbandry being transported on | ||||||
6 | another vehicle and the
transporting vehicle while loaded.
| ||||||
7 | The following requirements apply to the transportation | ||||||
8 | on another vehicle
of an implement of husbandry wider than | ||||||
9 | 8 feet 6 inches on the National System
of Interstate and | ||||||
10 | Defense Highways or other highways in the system of State
| ||||||
11 | highways:
| ||||||
12 | (A) The driver of a vehicle transporting an | ||||||
13 | implement of husbandry
that exceeds 8 feet 6 inches in | ||||||
14 | width shall obey all traffic laws and shall
check the | ||||||
15 | roadways prior to making a movement in order to ensure | ||||||
16 | that adequate
clearance is available for the movement. | ||||||
17 | It is prima facie evidence that the
driver of a vehicle | ||||||
18 | transporting an implement of husbandry has failed to | ||||||
19 | check
the roadway prior to making a movement if the | ||||||
20 | vehicle is involved in a
collision with a bridge, | ||||||
21 | overpass, fixed structure, or properly placed traffic
| ||||||
22 | control device or if the vehicle blocks traffic due
to | ||||||
23 | its inability to proceed because of a bridge, overpass, | ||||||
24 | fixed structure, or
properly placed traffic control | ||||||
25 | device.
| ||||||
26 | (B) Flags shall be displayed so as to wave freely |
| |||||||
| |||||||
1 | at the extremities of
overwidth objects and at the | ||||||
2 | extreme ends of all protrusions, projections, and
| ||||||
3 | overhangs. All flags shall be clean, bright red flags | ||||||
4 | with no advertising,
wording, emblem, or insignia | ||||||
5 | inscribed upon them and at least 18 inches square.
| ||||||
6 | (C) "OVERSIZE LOAD" signs are mandatory on the | ||||||
7 | front and rear of all
vehicles with loads over 10 feet | ||||||
8 | wide. These signs must have 12-inch high
black letters | ||||||
9 | with a 2-inch stroke on a yellow sign that is 7 feet | ||||||
10 | wide by 18
inches high.
| ||||||
11 | (D) One civilian escort vehicle is required for a | ||||||
12 | load that exceeds 14
feet 6 inches in width and 2 | ||||||
13 | civilian escort vehicles are required for a
load that | ||||||
14 | exceeds 16 feet in width on the National System of | ||||||
15 | Interstate and
Defense Highways or other highways in | ||||||
16 | the system of State highways.
| ||||||
17 | (E) The requirements for a civilian escort vehicle | ||||||
18 | and driver are as
follows:
| ||||||
19 | (1) The civilian escort vehicle shall be a | ||||||
20 | passenger car or a second
division vehicle not | ||||||
21 | exceeding a gross vehicle weight of 8,000 pounds | ||||||
22 | that is
designed to afford clear and unobstructed | ||||||
23 | vision to both front and rear.
| ||||||
24 | (2) The escort vehicle driver must be properly | ||||||
25 | licensed to operate
the vehicle.
| ||||||
26 | (3) While in use, the escort vehicle must be |
| |||||||
| |||||||
1 | equipped with illuminated
rotating, oscillating, | ||||||
2 | or flashing amber lights or flashing amber strobe | ||||||
3 | lights
mounted on top that are of sufficient | ||||||
4 | intensity to be visible at 500 feet in
normal | ||||||
5 | sunlight.
| ||||||
6 | (4) "OVERSIZE LOAD" signs are mandatory on all | ||||||
7 | escort vehicles. The
sign on an escort vehicle | ||||||
8 | shall have 8-inch high black letters on a yellow
| ||||||
9 | sign that is 5 feet wide by 12 inches high.
| ||||||
10 | (5) When only one escort vehicle is required | ||||||
11 | and it is operating on a
two-lane highway, the | ||||||
12 | escort vehicle shall travel approximately 300 feet | ||||||
13 | ahead
of the load. The rotating, oscillating, or | ||||||
14 | flashing lights or flashing amber
strobe lights | ||||||
15 | and an "OVERSIZE LOAD" sign shall be displayed on | ||||||
16 | the escort
vehicle and shall be visible from the | ||||||
17 | front. When only one escort vehicle is
required and | ||||||
18 | it is operating on a multilane divided highway, the | ||||||
19 | escort vehicle
shall travel approximately 300 feet | ||||||
20 | behind the load and the sign and lights
shall be | ||||||
21 | visible from the rear.
| ||||||
22 | (6) When 2 escort vehicles are required, one | ||||||
23 | escort shall travel
approximately 300 feet ahead | ||||||
24 | of the load and the second escort shall travel
| ||||||
25 | approximately 300 feet behind the load. The | ||||||
26 | rotating, oscillating, or flashing
lights or |
| |||||||
| |||||||
1 | flashing amber strobe lights and an "OVERSIZE | ||||||
2 | LOAD" sign shall be
displayed on the escort | ||||||
3 | vehicles and shall be visible from the front on the
| ||||||
4 | lead escort and from the rear on the trailing | ||||||
5 | escort.
| ||||||
6 | (7) When traveling within the corporate limits | ||||||
7 | of a municipality, the
escort vehicle shall | ||||||
8 | maintain a reasonable and proper distance from the
| ||||||
9 | oversize load, consistent with existing traffic | ||||||
10 | conditions.
| ||||||
11 | (8) A separate escort shall be provided for | ||||||
12 | each load hauled.
| ||||||
13 | (9) The driver of an escort vehicle shall obey | ||||||
14 | all traffic laws.
| ||||||
15 | (10) The escort vehicle must be in safe | ||||||
16 | operational condition.
| ||||||
17 | (11) The driver of the escort vehicle must be | ||||||
18 | in radio contact with
the driver of the vehicle | ||||||
19 | carrying the oversize load.
| ||||||
20 | (F) A transport vehicle while under load of more | ||||||
21 | than 8 feet 6 inches
in width must be equipped with an | ||||||
22 | illuminated rotating, oscillating, or
flashing amber | ||||||
23 | light or lights or a flashing amber strobe light or | ||||||
24 | lights
mounted on the top of the cab that are of | ||||||
25 | sufficient intensity to be visible at
500 feet in | ||||||
26 | normal sunlight. If the load on the transport vehicle |
| |||||||
| |||||||
1 | blocks the
visibility of the amber lighting from the | ||||||
2 | rear of the vehicle, the vehicle must
also be equipped | ||||||
3 | with an illuminated rotating, oscillating, or flashing | ||||||
4 | amber
light or lights or a flashing amber strobe light | ||||||
5 | or lights mounted on the rear
of the load that are of | ||||||
6 | sufficient intensity to be visible at 500 feet in
| ||||||
7 | normal sunlight.
| ||||||
8 | (G) When a flashing amber light is required on the | ||||||
9 | transport vehicle
under load and it is operating on a | ||||||
10 | two-lane highway, the transport vehicle
shall display | ||||||
11 | to the rear at least one rotating, oscillating, or | ||||||
12 | flashing light
or a flashing amber strobe light and an | ||||||
13 | "OVERSIZE LOAD" sign. When a flashing
amber light is | ||||||
14 | required on the transport vehicle under load and it is | ||||||
15 | operating
on a multilane divided highway, the sign and | ||||||
16 | light shall be visible from the
rear.
| ||||||
17 | (H) Maximum speed shall be 45 miles per hour on all | ||||||
18 | such moves or 5
miles per hour above the posted minimum | ||||||
19 | speed limit, whichever is greater, but
the vehicle | ||||||
20 | shall not at any time exceed the posted maximum speed | ||||||
21 | limit.
| ||||||
22 | (3) Portable buildings designed and used for | ||||||
23 | agricultural and livestock
raising operations that are not | ||||||
24 | more than 14 feet wide and with not more
than a 1 foot | ||||||
25 | overhang along the left side of the hauling vehicle. | ||||||
26 | However,
the buildings shall not be transported more than |
| |||||||
| |||||||
1 | 10 miles and not on any
route that is part of the National | ||||||
2 | System of Interstate and Defense Highways.
| ||||||
3 | All buildings when being transported shall display at least | ||||||
4 | 2 red
cloth flags, not less than 12 inches square, mounted as | ||||||
5 | high as practicable
on the left and right side of the building.
| ||||||
6 | A State Police escort shall be required if it is necessary | ||||||
7 | for this load
to use part of the left lane when crossing any 2 | ||||||
8 | laned State highway bridge.
| ||||||
9 | (c) Vehicles propelled by electric power obtained from | ||||||
10 | overhead trolley
wires operated wholly within the corporate | ||||||
11 | limits of a municipality are
also exempt from the width | ||||||
12 | limitation.
| ||||||
13 | (d) Exemptions are also granted to vehicles designed for | ||||||
14 | the carrying
of more than 10 persons under the following | ||||||
15 | conditions:
| ||||||
16 | (1) (Blank);
| ||||||
17 | (2) When operated within any public transportation | ||||||
18 | service with the
approval of local authorities or an | ||||||
19 | appropriate public body authorized by
law to provide public | ||||||
20 | transportation. Any vehicle so operated may be
8 feet 6 | ||||||
21 | inches in width; or
| ||||||
22 | (3) When a county engineer or superintendent of | ||||||
23 | highways, after giving due
consideration to the mass | ||||||
24 | transportation needs of the area and to the width and
| ||||||
25 | condition of the road, has determined that the operation of | ||||||
26 | buses wider than 8
feet will not pose an undue safety |
| |||||||
| |||||||
1 | hazard on a particular county or township
road segment, he | ||||||
2 | or she may authorize buses not to exceed 8 feet 6 inches in
| ||||||
3 | width on any highway under that engineer's or | ||||||
4 | superintendent's jurisdiction. | ||||||
5 | (d-1) A recreational vehicle, as defined in Section 1-169, | ||||||
6 | may exceed 8 feet 6 inches in width if:
| ||||||
7 | (1) the excess width is attributable to appurtenances | ||||||
8 | that extend 6 inches or less beyond either side of the body | ||||||
9 | of the vehicle; and
| ||||||
10 | (2) the roadway on which the vehicle is traveling has | ||||||
11 | marked lanes for vehicular traffic that are at least 11 | ||||||
12 | feet in width. | ||||||
13 | As used in this subsection (d-1) and in subsection (d-2), | ||||||
14 | the term appurtenance includes (i) a retracted awning and its | ||||||
15 | support hardware and (ii) any appendage that is intended to be | ||||||
16 | an integral part of a recreation vehicle. | ||||||
17 | (d-2) A recreational vehicle that exceeds 8 feet 6 inches | ||||||
18 | in width as provided in subsection (d-1) may travel any roadway | ||||||
19 | of the State if the vehicle is being operated between a roadway | ||||||
20 | permitted under subsection (d-1) and: | ||||||
21 | (1) the location where the recreation vehicle is | ||||||
22 | garaged; | ||||||
23 | (2) the destination of the recreation vehicle; or | ||||||
24 | (3) a facility for food, fuel, repair, services, or | ||||||
25 | rest.
| ||||||
26 | (e) A vehicle and load traveling upon the National System |
| |||||||
| |||||||
1 | of Interstate
and Defense Highways or any other highway in the | ||||||
2 | system of State highways
that has been designated as a Class I | ||||||
3 | or Class II highway by the
Department, or any street or highway | ||||||
4 | designated by local authorities, may have a total outside width | ||||||
5 | of 8 feet 6
inches, provided that certain safety devices that | ||||||
6 | the Department
determines as necessary for the safe and | ||||||
7 | efficient operation of motor
vehicles shall not be included in | ||||||
8 | the calculation of width.
| ||||||
9 | (e-1) A vehicle and load more than 8 feet wide but not | ||||||
10 | exceeding 8 feet 6
inches in width is
allowed
access according | ||||||
11 | to the following:
| ||||||
12 | (1) A vehicle and load not exceeding 80,000 pounds in | ||||||
13 | weight is
allowed access from any State designated highway | ||||||
14 | onto any county,
township, or municipal highway for a | ||||||
15 | distance of 5 highway miles for the
purpose of loading and | ||||||
16 | unloading, provided:
| ||||||
17 | (A) The vehicle and load does not exceed 65 feet | ||||||
18 | overall length.
| ||||||
19 | (B) There is no sign prohibiting that access.
| ||||||
20 | (C) The route is not being used as a thoroughfare | ||||||
21 | between State
designated highways.
| ||||||
22 | (2) A vehicle and load not exceeding 80,000 pounds in | ||||||
23 | weight is allowed
access from any State designated highway | ||||||
24 | onto any county or township
highway for a distance of 5 | ||||||
25 | highway miles or onto any municipal
highway for a distance | ||||||
26 | of one highway mile for the purpose of food, fuel,
repairs, |
| |||||||
| |||||||
1 | and rest, provided:
| ||||||
2 | (A) The vehicle and load does not exceed 65 feet | ||||||
3 | overall length.
| ||||||
4 | (B) There is no sign prohibiting that access.
| ||||||
5 | (C) The route is not being used as a thoroughfare | ||||||
6 | between State
designated highways.
| ||||||
7 | (3) A vehicle and load not exceeding 80,000 pounds in | ||||||
8 | weight is allowed
access from a Class I highway onto any | ||||||
9 | street or highway for a distance
of one highway mile for | ||||||
10 | the purpose of loading, unloading, food, fuel,
repairs, and | ||||||
11 | rest, provided there is no sign prohibiting that access.
| ||||||
12 | (4) A vehicle and load not exceeding 80,000 pounds in | ||||||
13 | weight is allowed
access from a Class I or Class II highway | ||||||
14 | onto any State highway or any
locally designated highway | ||||||
15 | for a distance of 5 highway miles for the
purpose of | ||||||
16 | loading, unloading, food, fuel, repairs, and rest.
| ||||||
17 | (5) A trailer or semi-trailer not exceeding 28 feet 6 | ||||||
18 | inches in length,
that was
originally in combination with a | ||||||
19 | truck tractor, shall have unlimited access
to points of | ||||||
20 | loading and unloading.
| ||||||
21 | (6) All household goods carriers shall have unlimited | ||||||
22 | access to points of
loading and unloading.
| ||||||
23 | Section 5-35 of the Illinois Administrative Procedure Act | ||||||
24 | relating to
procedures for rulemaking shall not apply to the | ||||||
25 | designation of highways under
this paragraph (e).
| ||||||
26 | (f) Mirrors required by Section 12-502 of this Code and |
| |||||||
| |||||||
1 | other safety devices
identified by the Department may project | ||||||
2 | up to 14 inches beyond each side of
a bus and up to 6 inches | ||||||
3 | beyond each
side
of any other vehicle, and that projection | ||||||
4 | shall not be deemed a
violation of the width restrictions of | ||||||
5 | this Section.
| ||||||
6 | (g) Any person who is convicted of violating this Section | ||||||
7 | is subject to
the penalty as provided in paragraph (b) of | ||||||
8 | Section 15-113.
| ||||||
9 | (Source: P.A. 93-177, eff. 7-11-03; 94-949, eff. 1-1-07; | ||||||
10 | 09600HB0255enr.)
| ||||||
11 | (625 ILCS 5/15-107)
(from Ch. 95 1/2, par. 15-107)
| ||||||
12 | Sec. 15-107. Length of vehicles.
| ||||||
13 | (a) The maximum length of a single vehicle on any highway | ||||||
14 | of this State
may not exceed 42 feet except the following:
| ||||||
15 | (1) Semitrailers.
| ||||||
16 | (2) Charter or regulated route buses may be up to 45 | ||||||
17 | feet in length, not
including energy absorbing bumpers.
| ||||||
18 | (a-1) A motor home as defined in Section 1-145.01 may be up | ||||||
19 | to 45 feet
in length, not including energy absorbing bumpers. | ||||||
20 | The length limitations
described in this subsection (a-1) shall | ||||||
21 | be exclusive of energy-absorbing
bumpers and rear view mirrors.
| ||||||
22 | (b) On all non-State highways, the maximum length of | ||||||
23 | vehicles in
combinations
is as follows:
| ||||||
24 | (1) A truck tractor in combination with a semitrailer | ||||||
25 | may
not exceed 55 feet overall dimension.
|
| |||||||
| |||||||
1 | (2) A truck tractor-semitrailer-trailer may not exceed | ||||||
2 | 60 feet
overall dimension.
| ||||||
3 | (3) Combinations specially designed to transport motor | ||||||
4 | vehicles or
boats may not exceed 60 feet overall dimension.
| ||||||
5 | Vehicles operating during daylight hours when transporting | ||||||
6 | poles, pipes,
machinery, or other objects of a structural | ||||||
7 | nature that cannot readily be
dismembered are exempt from | ||||||
8 | length limitations, provided that no object may
exceed 80 feet | ||||||
9 | in length and the overall dimension of the vehicle including | ||||||
10 | the
load
may not exceed 100 feet. This exemption does not apply | ||||||
11 | to operation on a
Saturday, Sunday, or legal holiday. Legal | ||||||
12 | holidays referred to in this Section
are
the days on which the | ||||||
13 | following traditional holidays are celebrated: New
Year's
Day; | ||||||
14 | Memorial Day; Independence Day; Labor Day; Thanksgiving Day; | ||||||
15 | and
Christmas Day.
| ||||||
16 | Vehicles and loads operated by a public utility while en | ||||||
17 | route to make
emergency repairs to public service facilities or | ||||||
18 | properties are exempt from
length
limitations, provided that | ||||||
19 | during night operations every vehicle and its load
must
be | ||||||
20 | equipped with a sufficient number of clearance lamps on both | ||||||
21 | sides and
marker lamps on the extreme ends of any projecting | ||||||
22 | load to clearly mark the
dimensions of the load.
| ||||||
23 | A tow truck in combination with a disabled vehicle or | ||||||
24 | combination of
disabled vehicles, as provided in paragraph (6) | ||||||
25 | of subsection (c) of this
Section, is
exempt from length | ||||||
26 | limitations.
|
| |||||||
| |||||||
1 | All other combinations not listed in this subsection (b) | ||||||
2 | may not exceed 60
feet overall dimension.
| ||||||
3 | (c) Except as provided in subsections (c-1) and (c-2), | ||||||
4 | combinations of vehicles may not exceed a total of 2 vehicles | ||||||
5 | except
the
following:
| ||||||
6 | (1) A truck tractor semitrailer may draw one trailer.
| ||||||
7 | (2) A truck tractor semitrailer may draw one converter | ||||||
8 | dolly.
| ||||||
9 | (3) A truck tractor semitrailer may draw one vehicle | ||||||
10 | that is defined
in Chapter 1 as special mobile equipment, | ||||||
11 | provided the overall dimension does
not
exceed 60 feet.
| ||||||
12 | (4) A truck in transit may draw 3 trucks in transit | ||||||
13 | coupled
together by the triple saddlemount method.
| ||||||
14 | (5) Recreational vehicles consisting of 3 vehicles, | ||||||
15 | provided
the following:
| ||||||
16 | (A) The total overall dimension does not exceed 60
| ||||||
17 | feet.
| ||||||
18 | (B) The towing vehicle is a properly registered
| ||||||
19 | vehicle capable of towing another vehicle using a | ||||||
20 | fifth-wheel type assembly.
| ||||||
21 | (C) The second vehicle in the combination of | ||||||
22 | vehicles is
a recreational vehicle that is towed by a
| ||||||
23 | fifth-wheel assembly. This vehicle must be
properly | ||||||
24 | registered and must be equipped with
brakes, | ||||||
25 | regardless of weight.
| ||||||
26 | (D) The third vehicle must be the
lightest of the 3 |
| |||||||
| |||||||
1 | vehicles and be a trailer or
semitrailer designed or | ||||||
2 | used for
transporting a boat, all-terrain vehicle,
| ||||||
3 | personal watercraft, or motorcycle.
| ||||||
4 | (E) The towed vehicles may be only for the use
of | ||||||
5 | the operator of the towing vehicle.
| ||||||
6 | (F) All vehicles must be properly equipped with
| ||||||
7 | operating brakes and safety equipment required by this | ||||||
8 | Code, except the
additional
brake requirement in | ||||||
9 | subdivision (C) of this subparagraph (5).
| ||||||
10 | (6) A tow truck in combination with a disabled vehicle | ||||||
11 | or combination
of
disabled vehicles, provided the towing | ||||||
12 | vehicle:
| ||||||
13 | (A) Is specifically designed as a tow truck having | ||||||
14 | a gross vehicle
weight rating of
at least 18,000 pounds | ||||||
15 | and equipped with air brakes, provided that air brakes
| ||||||
16 | are
required only if the towing vehicle is towing a | ||||||
17 | vehicle, semitrailer, or
tractor-trailer combination | ||||||
18 | that is equipped with air brakes. For the purpose
of | ||||||
19 | this
subsection, gross vehicle weight rating, or GVWR, | ||||||
20 | means the value
specified by the manufacturer as the | ||||||
21 | loaded weight of the tow truck.
| ||||||
22 | (B) Is equipped with flashing, rotating, or | ||||||
23 | oscillating amber lights,
visible for at
least 500 feet | ||||||
24 | in all directions.
| ||||||
25 | (C) Is capable of utilizing the lighting and | ||||||
26 | braking systems of the
disabled
vehicle or combination |
| |||||||
| |||||||
1 | of vehicles.
| ||||||
2 | (D) Does not engage a tow exceeding 50 highway | ||||||
3 | miles from the initial
point of
wreck or disablement to | ||||||
4 | a place of repair. Any additional movement of the
| ||||||
5 | vehicles may occur only upon issuance of authorization | ||||||
6 | for that movement under
the provisions of Sections | ||||||
7 | 15-301 through 15-319 of this Code.
| ||||||
8 | The Department may by rule or regulation prescribe | ||||||
9 | additional
requirements
regarding length limitations for a | ||||||
10 | tow truck towing another vehicle.
| ||||||
11 | For purposes of this Section, a tow-dolly that merely | ||||||
12 | serves as
substitute
wheels for another legally licensed | ||||||
13 | vehicle is considered part of the
licensed
vehicle and not | ||||||
14 | a separate vehicle.
| ||||||
15 | (7) Commercial vehicles consisting of 3 vehicles, | ||||||
16 | provided the following: | ||||||
17 | (A) The total overall dimension does not exceed 65 | ||||||
18 | feet. | ||||||
19 | (B) The towing vehicle is a properly registered | ||||||
20 | vehicle capable of towing another vehicle using a | ||||||
21 | fifth-wheel type assembly or a goose-neck hitch ball. | ||||||
22 | (C) The third vehicle must be the lightest of the 3 | ||||||
23 | vehicles and be a trailer or semitrailer. | ||||||
24 | (D) All vehicles must be properly equipped with | ||||||
25 | operating brakes and safety equipment required by this | ||||||
26 | Code.
|
| |||||||
| |||||||
1 | (E) The combination of vehicles must be operated by | ||||||
2 | a person who holds a commercial driver's license (CDL).
| ||||||
3 | (F) The combination of vehicles must be en route to | ||||||
4 | a location where new or used trailers are sold by an | ||||||
5 | Illinois or out-of-state licensed new or used trailer | ||||||
6 | dealer.
| ||||||
7 | (c-1) A combination of 3 vehicles is allowed access to any | ||||||
8 | State designated highway if: | ||||||
9 | (1) the length of neither towed vehicle exceeds 28.5 | ||||||
10 | feet; | ||||||
11 | (2) the overall wheel base of the combination of | ||||||
12 | vehicles does not exceed 62 feet; and
| ||||||
13 | (3) the combination of vehicles is en route to a | ||||||
14 | location where new or used trailers are sold by an Illinois | ||||||
15 | or out-of-state licensed new or used trailer dealer.
| ||||||
16 | (c-2) A combination of 3 vehicles is allowed access from | ||||||
17 | any State designated highway onto any county, township, or | ||||||
18 | municipal highway for a distance of 5 highway miles for the | ||||||
19 | purpose of delivery or collection of one or both of the towed | ||||||
20 | vehicles if: | ||||||
21 | (1) the length of neither towed vehicle exceeds 28.5 | ||||||
22 | feet; | ||||||
23 | (2) the combination of vehicles does not exceed 40,000 | ||||||
24 | pounds in gross weight and 8 feet 6 inches in width; | ||||||
25 | (3) there is no sign prohibiting that access; | ||||||
26 | (4) the route is not being used as a thoroughfare |
| |||||||
| |||||||
1 | between State designated highways; and
| ||||||
2 | (5) the combination of vehicles is en route to a | ||||||
3 | location where new or used trailers are sold by an Illinois | ||||||
4 | or out-of-state licensed new or used trailer dealer.
| ||||||
5 | (d) On Class I highways there are no overall length | ||||||
6 | limitations on motor
vehicles
operating in combinations | ||||||
7 | provided:
| ||||||
8 | (1) The length of a semitrailer, unladen or with load,
| ||||||
9 | in combination with a truck tractor may not exceed 53 feet.
| ||||||
10 | (2) The distance between the kingpin and the center of
| ||||||
11 | the rear axle of a semitrailer longer than 48 feet, in | ||||||
12 | combination
with a truck tractor, may not exceed 45 feet 6 | ||||||
13 | inches.
| ||||||
14 | (3) The length of a semitrailer or trailer, unladen or
| ||||||
15 | with load, operated in a truck tractor-semitrailer-trailer
| ||||||
16 | combination, may not exceed 28 feet 6 inches.
| ||||||
17 | (4) Maxi-cube combinations, as defined in Chapter 1,
| ||||||
18 | may not exceed 65 feet overall dimension.
| ||||||
19 | (5) Combinations of vehicles specifically designed to
| ||||||
20 | transport motor vehicles or boats may not exceed 65 feet
| ||||||
21 | overall dimension. The length limitation is inclusive of
| ||||||
22 | front and rear bumpers but exclusive of the overhang of the
| ||||||
23 | transported vehicles, as provided in paragraph (i) of this
| ||||||
24 | Section.
| ||||||
25 | (6) Stinger steered semitrailer vehicles as defined in
| ||||||
26 | Chapter 1, specifically designed to transport motor |
| |||||||
| |||||||
1 | vehicles or
boats, may not exceed 75 feet overall | ||||||
2 | dimension. The length
limitation is inclusive of front and | ||||||
3 | rear bumpers but
exclusive of the overhang of the | ||||||
4 | transported vehicles, as
provided in paragraph (i) of this | ||||||
5 | Section.
| ||||||
6 | (7) A truck in transit transporting 3 trucks coupled
| ||||||
7 | together by the triple saddlemount method may not
exceed 75 | ||||||
8 | feet overall dimension.
| ||||||
9 | Vehicles operating during daylight hours when transporting | ||||||
10 | poles, pipes,
machinery, or other objects of a structural | ||||||
11 | nature that cannot readily be
dismembered are exempt from | ||||||
12 | length limitations, provided that no object may
exceed 80 feet | ||||||
13 | in length and the overall dimension of the vehicle including | ||||||
14 | the
load
may not exceed 100 feet. This exemption does not apply | ||||||
15 | to operation on a
Saturday, Sunday, or legal holiday. Legal | ||||||
16 | holidays referred to in this Section
are
the days on which the | ||||||
17 | following traditional holidays are celebrated: New
Year's
Day; | ||||||
18 | Memorial Day; Independence Day; Labor Day; Thanksgiving Day; | ||||||
19 | and
Christmas Day.
| ||||||
20 | Vehicles and loads operated by a public utility while en | ||||||
21 | route to make
emergency repairs to public service facilities or | ||||||
22 | properties are exempt from
length
limitations, provided that | ||||||
23 | during night operations every vehicle and its load
must
be | ||||||
24 | equipped with a sufficient number of clearance lamps on both | ||||||
25 | sides and
marker lamps on the extreme ends of any projecting | ||||||
26 | load to clearly mark the
dimensions of the load.
|
| |||||||
| |||||||
1 | A tow truck in combination with a disabled vehicle or | ||||||
2 | combination of
disabled vehicles, as provided in paragraph (6) | ||||||
3 | of subsection (c) of this
Section, is
exempt from length | ||||||
4 | limitations.
| ||||||
5 | The length limitations described in this paragraph (d) | ||||||
6 | shall be exclusive
of safety and energy conservation devices,
| ||||||
7 | such as bumpers, refrigeration
units or air compressors and | ||||||
8 | other devices, that the Department may interpret
as necessary | ||||||
9 | for safe and efficient
operation; except that no device | ||||||
10 | excluded under this paragraph shall have by
its design or use | ||||||
11 | the capability to carry cargo.
| ||||||
12 | Section 5-35 of the Illinois Administrative Procedure Act | ||||||
13 | relating to
procedures for rulemaking shall not apply to the | ||||||
14 | designation of highways under
this paragraph (d).
| ||||||
15 | (e) On Class II highways there are no overall length | ||||||
16 | limitations on motor
vehicles
operating in combinations, | ||||||
17 | provided:
| ||||||
18 | (1) The length of a semitrailer, unladen or with load,
| ||||||
19 | in combination with a truck tractor, may not exceed 53 feet
| ||||||
20 | overall dimension.
| ||||||
21 | (2) The distance between the kingpin and the center of
| ||||||
22 | the rear axle of a semitrailer longer than 48 feet, in | ||||||
23 | combination
with a truck tractor, may not exceed 45 feet 6 | ||||||
24 | inches.
| ||||||
25 | (3) A truck tractor-semitrailer-trailer combination | ||||||
26 | may
not exceed 65 feet in dimension from front axle to rear
|
| |||||||
| |||||||
1 | axle.
| ||||||
2 | (4) The length of a semitrailer or trailer, unladen or
| ||||||
3 | with load, operated in a truck tractor-semitrailer-trailer
| ||||||
4 | combination, may not exceed 28 feet 6 inches.
| ||||||
5 | (5) Maxi-cube combinations, as defined in Chapter 1,
| ||||||
6 | may not exceed 65 feet overall dimension.
| ||||||
7 | (6) A combination of vehicles, specifically designed | ||||||
8 | to
transport motor vehicles or boats, may not exceed 65 | ||||||
9 | feet
overall dimension. The length limitation is inclusive | ||||||
10 | of
front and rear bumpers but exclusive of the overhang of | ||||||
11 | the
transported vehicles, as provided in paragraph (i) of | ||||||
12 | this
Section.
| ||||||
13 | (7) Stinger steered semitrailer vehicles, as defined | ||||||
14 | in
Chapter 1, specifically designed to transport motor | ||||||
15 | vehicles or
boats, may not exceed 75 feet overall | ||||||
16 | dimension. The length
limitation is inclusive of front and | ||||||
17 | rear bumpers but
exclusive of the overhang of the | ||||||
18 | transported vehicles, as
provided in paragraph (i) of this | ||||||
19 | Section.
| ||||||
20 | (8) A truck in transit transporting 3 trucks coupled | ||||||
21 | together by the
triple
saddlemount method may not exceed 75 | ||||||
22 | feet overall dimension.
| ||||||
23 | Vehicles operating during daylight hours when transporting | ||||||
24 | poles, pipes,
machinery, or other objects of a structural | ||||||
25 | nature that cannot readily be
dismembered are exempt from | ||||||
26 | length limitations, provided that no object may
exceed 80 feet |
| |||||||
| |||||||
1 | in length and the overall dimension of the vehicle including | ||||||
2 | the
load
may not exceed 100 feet. This exemption does not apply | ||||||
3 | to operation on a
Saturday, Sunday, or legal holiday. Legal | ||||||
4 | holidays referred to in this Section
are
the days on which the | ||||||
5 | following traditional holidays are celebrated: New Year's
Day; | ||||||
6 | Memorial Day; Independence Day; Labor Day; Thanksgiving Day; | ||||||
7 | and
Christmas Day.
| ||||||
8 | Vehicles and loads operated by a public utility while en | ||||||
9 | route to make
emergency repairs to public service facilities or | ||||||
10 | properties are exempt from
length
limitations, provided that | ||||||
11 | during night operations every vehicle and its load
must
be | ||||||
12 | equipped with a sufficient number of clearance lamps on both | ||||||
13 | sides and
marker lamps on the extreme ends of any projecting | ||||||
14 | load to clearly mark the
dimensions of the load.
| ||||||
15 | A tow truck in combination with a disabled vehicle or | ||||||
16 | combination of
disabled vehicles, as provided in paragraph (6) | ||||||
17 | of subsection (c) of this
Section, is
exempt from length | ||||||
18 | limitations.
| ||||||
19 | Local authorities, with respect to
streets and highways | ||||||
20 | under their jurisdiction, may also by ordinance or
resolution | ||||||
21 | allow length limitations of this subsection (e).
| ||||||
22 | The length limitations described in this paragraph (e) | ||||||
23 | shall be exclusive
of safety and energy conservation devices, | ||||||
24 | such as bumpers, refrigeration units
or air compressors and | ||||||
25 | other devices, that the Department may interpret as
necessary | ||||||
26 | for safe and efficient operation; except that no device |
| |||||||
| |||||||
1 | excluded
under this paragraph shall have by its design or use | ||||||
2 | the capability to carry
cargo.
| ||||||
3 | (e-1) Combinations of vehicles not exceeding 65 feet | ||||||
4 | overall length are
allowed access as follows:
| ||||||
5 | (1) From any State designated highway onto any county, | ||||||
6 | township, or
municipal highway for a distance of 5 highway | ||||||
7 | miles for the purpose of
loading and unloading, provided:
| ||||||
8 | (A) The vehicle does not exceed 80,000 pounds in | ||||||
9 | gross weight
and 8 feet 6 inches in width.
| ||||||
10 | (B) There is no sign prohibiting that access.
| ||||||
11 | (C) The route is not being used as a thoroughfare | ||||||
12 | between State
designated highways.
| ||||||
13 | (2) From any State designated highway onto any county | ||||||
14 | or township
highway for a distance of 5 highway miles or | ||||||
15 | onto any municipal highway for
a distance of one
highway | ||||||
16 | mile for the purpose of food, fuel, repairs, and rest,
| ||||||
17 | provided:
| ||||||
18 | (A) The vehicle does not exceed 80,000 pounds in | ||||||
19 | gross weight
and 8 feet 6 inches in width.
| ||||||
20 | (B) There is no sign prohibiting that access.
| ||||||
21 | (C) The route is not being used as a thoroughfare | ||||||
22 | between State
designated highways.
| ||||||
23 | (e-2) Except as provided in subsection (e-3), combinations | ||||||
24 | of vehicles over
65
feet in length, with no overall length
| ||||||
25 | limitation except as provided in subsections (d) and (e) of | ||||||
26 | this Section, are
allowed access as follows:
|
| |||||||
| |||||||
1 | (1) From a Class I highway onto any street or highway | ||||||
2 | for a distance of
one highway mile for the purpose of | ||||||
3 | loading, unloading, food, fuel, repairs,
and rest, | ||||||
4 | provided there is no sign prohibiting that access.
| ||||||
5 | (2) From a Class I or Class II highway onto any State | ||||||
6 | highway or any
locally designated highway for a distance of | ||||||
7 | 5 highway miles for the purpose
of loading, unloading, | ||||||
8 | food, fuel, repairs, and rest.
| ||||||
9 | (e-3) Combinations of vehicles over 65 feet in length | ||||||
10 | operated by household
goods carriers, with no overall length | ||||||
11 | limitations except as provided in
subsections (d) and (e) of | ||||||
12 | this Section, have unlimited access to points of
loading
and | ||||||
13 | unloading.
| ||||||
14 | Section 5-35 of the Illinois Administrative Procedure Act | ||||||
15 | relating to
procedures for rulemaking shall not apply to the | ||||||
16 | designation of highways under
this paragraph (e).
| ||||||
17 | (f) On Class III and other non-designated State highways, | ||||||
18 | the length
limitations
for vehicles in combination are as | ||||||
19 | follows:
| ||||||
20 | (1) Truck tractor-semitrailer combinations, must
| ||||||
21 | comply with either a maximum 55 feet overall wheel base or
| ||||||
22 | a maximum 65 feet extreme overall dimension.
| ||||||
23 | (2) Semitrailers, unladen or with load, may not exceed
| ||||||
24 | 53 feet overall dimension.
| ||||||
25 | (3) No truck tractor-semitrailer-trailer combination | ||||||
26 | may
exceed 60 feet extreme overall dimension.
|
| |||||||
| |||||||
1 | (4) The distance between the kingpin and the center | ||||||
2 | axle of a
semitrailer longer than 48 feet, in combination | ||||||
3 | with a truck tractor, may
not exceed 42 feet 6 inches.
| ||||||
4 | (g) Length limitations in the preceding subsections of this | ||||||
5 | Section 15-107
do not apply to the following:
| ||||||
6 | (1) Vehicles operated in the daytime, except on | ||||||
7 | Saturdays, Sundays, or
legal holidays, when transporting | ||||||
8 | poles, pipe, machinery, or other objects of a
structural | ||||||
9 | nature that cannot readily be dismembered, provided the | ||||||
10 | overall
length of vehicle and load may not exceed 100 feet | ||||||
11 | and no object exceeding 80
feet in length may be | ||||||
12 | transported unless a permit has been obtained as
authorized | ||||||
13 | in Section 15-301.
| ||||||
14 | (2) Vehicles and loads operated by a public utility | ||||||
15 | while en route to make
emergency repairs to public service | ||||||
16 | facilities or properties, but during
night operation every | ||||||
17 | vehicle and its load must be equipped with
a
sufficient | ||||||
18 | number of clearance lamps on both sides and marker lamps | ||||||
19 | upon the
extreme ends of any projecting load to clearly | ||||||
20 | mark the dimensions of the load.
| ||||||
21 | (3) A tow truck in combination with a disabled vehicle | ||||||
22 | or combination of
disabled vehicles, provided the towing | ||||||
23 | vehicle meets the following conditions:
| ||||||
24 | (A) It is specifically designed as a tow truck | ||||||
25 | having a gross vehicle
weight
rating of at least 18,000 | ||||||
26 | pounds and equipped with air brakes, provided that
air
|
| |||||||
| |||||||
1 | brakes are required only if the towing vehicle is | ||||||
2 | towing a vehicle,
semitrailer, or tractor-trailer | ||||||
3 | combination that is equipped with air brakes.
| ||||||
4 | (B) It is equipped with flashing, rotating, or | ||||||
5 | oscillating amber lights,
visible for at least 500 feet | ||||||
6 | in all directions.
| ||||||
7 | (C) It is capable of utilizing the lighting and | ||||||
8 | braking systems of the
disabled vehicle or combination | ||||||
9 | of vehicles.
| ||||||
10 | (D) It does not engage in a tow exceeding 50 miles | ||||||
11 | from the initial
point
of wreck or disablement.
| ||||||
12 | The Department may by rule or regulation prescribe | ||||||
13 | additional requirements
regarding length limitations for a tow | ||||||
14 | truck towing another vehicle.
The towing vehicle, however, may | ||||||
15 | tow any disabled vehicle from the initial
point of wreck or | ||||||
16 | disablement to a point where repairs are actually to occur.
| ||||||
17 | This movement shall be valid only on State routes.
The tower | ||||||
18 | must abide by posted bridge weight limits.
| ||||||
19 | For the purpose of this subsection, gross vehicle weight | ||||||
20 | rating, or GVWR,
shall mean the value specified by the | ||||||
21 | manufacturer as the loaded weight of
the tow truck. Legal | ||||||
22 | holidays referred to in this Section shall be
specified as the | ||||||
23 | day on which the following traditional holidays are
celebrated:
| ||||||
24 | New Year's Day;
| ||||||
25 | Memorial Day;
| ||||||
26 | Independence Day;
|
| |||||||
| |||||||
1 | Labor Day;
| ||||||
2 | Thanksgiving Day; and
| ||||||
3 | Christmas Day.
| ||||||
4 | (h) The load upon any vehicle operated alone, or the load | ||||||
5 | upon the
front vehicle of a combination of vehicles, shall not | ||||||
6 | extend more than 3
feet beyond the front wheels of the vehicle | ||||||
7 | or the front bumper of the
vehicle if it is equipped with a | ||||||
8 | front bumper.
The provisions of this subsection (h) shall not | ||||||
9 | apply to any vehicle or
combination of vehicles specifically | ||||||
10 | designed for the collection and
transportation of waste, | ||||||
11 | garbage, or recyclable materials during the vehicle's
| ||||||
12 | operation in the course of collecting
garbage, waste, or
| ||||||
13 | recyclable materials if the vehicle is traveling at a speed not | ||||||
14 | in
excess of
15 miles per hour during the vehicle's operation | ||||||
15 | and in the course of
collecting garbage, waste, or recyclable | ||||||
16 | materials. However, in no instance
shall the load extend more | ||||||
17 | than 7 feet beyond the front wheels of the vehicle
or the front | ||||||
18 | bumper of the vehicle if it is equipped with a front bumper.
| ||||||
19 | (i) The load upon the front vehicle of a combination of | ||||||
20 | vehicles
specifically designed to transport motor vehicles | ||||||
21 | shall not extend more
than 3 feet beyond the foremost part of | ||||||
22 | the transporting vehicle and the
load upon the rear | ||||||
23 | transporting vehicle shall not extend more than 4 feet
beyond | ||||||
24 | the rear of the bed or body of the vehicle. This paragraph | ||||||
25 | shall
only be applicable upon highways designated in paragraphs | ||||||
26 | (d) and (e) of
this Section.
|
| |||||||
| |||||||
1 | (j) Articulated vehicles comprised of 2 sections, neither | ||||||
2 | of which
exceeds a length of 42 feet, designed for the carrying | ||||||
3 | of more than 10
persons, may be up to 60 feet in length, not | ||||||
4 | including energy absorbing
bumpers, provided that the vehicles | ||||||
5 | are:
| ||||||
6 | 1. operated by or for any public body or motor carrier | ||||||
7 | authorized by law
to provide public transportation | ||||||
8 | services; or
| ||||||
9 | 2. operated in local public transportation service by | ||||||
10 | any other person
and the municipality in which the service | ||||||
11 | is to be provided approved the
operation of the vehicle.
| ||||||
12 | (j-1) (Blank).
| ||||||
13 | (k) Any person who is convicted of violating this Section | ||||||
14 | is subject
to the penalty as provided in paragraph (b) of | ||||||
15 | Section 15-113.
| ||||||
16 | (l) (Blank).
| ||||||
17 | (Source: P.A. 93-177, eff. 7-11-03; 93-1023, eff. 8-25-04; | ||||||
18 | 94-713, eff. 6-1-06; 09600HB0255enr.)
| ||||||
19 | (625 ILCS 5/15-111) (from Ch. 95 1/2, par. 15-111)
| ||||||
20 | Sec. 15-111. Wheel and axle loads and gross weights.
| ||||||
21 | (a) On non-designated highways, no vehicle or combination | ||||||
22 | of vehicles
equipped
with pneumatic tires may be operated, | ||||||
23 | unladen or with load,
when the total weight transmitted to the | ||||||
24 | road surface
exceeds 20,000 pounds on a single axle or 34,000 | ||||||
25 | pounds on a tandem axle with
no axle within the tandem |
| |||||||
| |||||||
1 | exceeding 20,000 pounds except:
| ||||||
2 | (1) when a different limit is established and posted in | ||||||
3 | accordance with
Section 15-316 of this Code;
| ||||||
4 | (2) vehicles for which the Department of | ||||||
5 | Transportation and local
authorities issue overweight
| ||||||
6 | permits under authority of Section 15-301 of this Code;
| ||||||
7 | (3) tow trucks subject to the conditions provided in | ||||||
8 | subsection (d)
may not exceed 24,000 pounds on a single | ||||||
9 | rear axle or 44,000 pounds on a tandem
rear axle;
| ||||||
10 | (4) any single axle of a 2-axle truck weighing 36,000 | ||||||
11 | pounds or
less and not a part of a combination of vehicles, | ||||||
12 | shall not exceed 20,000
pounds;
| ||||||
13 | (5) any single axle of a 2-axle truck equipped with a | ||||||
14 | personnel
lift or digger derrick, weighing 36,000 pounds or | ||||||
15 | less, owned and operated by a
public utility, shall not | ||||||
16 | exceed 20,000 pounds;
| ||||||
17 | (6) any single axle of a 2-axle truck specially | ||||||
18 | equipped with a front
loading compactor used exclusively | ||||||
19 | for garbage, refuse, or recycling may not
exceed 20,000 | ||||||
20 | pounds per axle, provided that the gross weight of the | ||||||
21 | vehicle
does not exceed 40,000 pounds;
| ||||||
22 | (7) a truck, not in combination and specially equipped | ||||||
23 | with a
selfcompactor or an industrial roll-off hoist and | ||||||
24 | roll-off container, used
exclusively for garbage or refuse | ||||||
25 | operations may, when laden, transmit upon the
road surface | ||||||
26 | the following maximum
weights: 22,000 pounds on a single |
| |||||||
| |||||||
1 | axle; 40,000 pounds on a tandem axle;
| ||||||
2 | (8) a truck, not in combination and used exclusively | ||||||
3 | for the collection of
rendering materials,
may, when laden, | ||||||
4 | transmit upon the road surface the
following maximum | ||||||
5 | weights:
22,000 pounds on a single axle; 40,000 pounds on a | ||||||
6 | tandem axle;
| ||||||
7 | (9) tandem axles on a 3-axle truck registered as a | ||||||
8 | Special Hauling
Vehicle, manufactured prior to or in the | ||||||
9 | model year of 2014 and
first
registered in Illinois prior | ||||||
10 | to January 1, 2015, with a distance
greater than
72 inches | ||||||
11 | but not more than 96 inches between any series of 2 axles, | ||||||
12 | is
allowed a combined weight on the series not to exceed | ||||||
13 | 36,000 pounds and neither
axle of the series may exceed | ||||||
14 | 20,000 pounds. Any vehicle of this type
manufactured
after | ||||||
15 | the model year of 2014 or first registered in Illinois | ||||||
16 | after
December 31,
2014 may not exceed a combined weight of | ||||||
17 | 34,000 pounds through the
series of
2 axles and neither | ||||||
18 | axle of the series may exceed 20,000 pounds;
| ||||||
19 | (10) a 4-axle truck mixer
registered as a Special | ||||||
20 | Hauling Vehicle, used
exclusively for the mixing and | ||||||
21 | transportation of concrete in the plastic state and | ||||||
22 | manufactured
prior to or in the model year of 2014 and | ||||||
23 | first registered in
Illinois prior to
January 1, 2015, is | ||||||
24 | allowed the following maximum weights: 20,000 pounds on any | ||||||
25 | single axle; 36,000 pounds on any series of 2 axles greater | ||||||
26 | than 72 inches but not more than 96 inches; and 34,000 |
| |||||||
| |||||||
1 | pounds on any series of 2 axles greater than 40 inches but | ||||||
2 | not more than 72 inches;
| ||||||
3 | (11) 4-axle vehicles or a 5 or more axle combination of | ||||||
4 | vehicles: The
weight
transmitted upon the road surface | ||||||
5 | through any series of 3 axles whose centers
are
more than | ||||||
6 | 96 inches apart, measured between extreme axles in the | ||||||
7 | series, may
not exceed those allowed in the table contained | ||||||
8 | in subsection (f) of this
Section. No axle or tandem axle | ||||||
9 | of the series may exceed the maximum weight
permitted under | ||||||
10 | this Section for a single or tandem axle.
| ||||||
11 | No vehicle or combination of vehicles equipped with other | ||||||
12 | than pneumatic
tires may be operated, unladen or with load, | ||||||
13 | upon the highways of this State
when the gross weight on the | ||||||
14 | road surface through any wheel exceeds 800
pounds per inch | ||||||
15 | width of tire tread or when the gross weight on the road
| ||||||
16 | surface through any axle exceeds 16,000 pounds.
| ||||||
17 | (b) On non-designated highways, the gross weight of | ||||||
18 | vehicles and
combination of vehicles including
the weight of | ||||||
19 | the vehicle or combination and its maximum load shall be
| ||||||
20 | subject to the federal bridge formula provided in subsection | ||||||
21 | (f) of this Section.
| ||||||
22 | VEHICLES OPERATING ON CRAWLER TYPE TRACKS ..... 40,000 pounds
| ||||||
23 | TRUCKS EQUIPPED WITH SELFCOMPACTORS
| ||||||
24 | OR ROLL-OFF HOISTS AND ROLL-OFF CONTAINERS FOR GARBAGE,
|
| |||||||
| |||||||
1 | REFUSE, OR RECYCLING HAULS ONLY AND TRUCKS USED FOR
| ||||||
2 | THE COLLECTION OF RENDERING MATERIALS
| ||||||
3 | On Highway Not Part of National System
| ||||||
4 | of Interstate and Defense Highways
| ||||||
5 | with 2 axles 36,000 pounds
| ||||||
6 | with 3 axles 54,000 pounds
| ||||||
7 | TWO AXLE TRUCKS EQUIPPED WITH
| ||||||
8 | A FRONT LOADING COMPACTOR USED EXCLUSIVELY
| ||||||
9 | FOR THE COLLECTION OF GARBAGE, REFUSE, OR RECYCLING
| ||||||
10 | with 2 axles 40,000 pounds
| ||||||
11 | A 4-axle truck mixer registered as a Special Hauling | ||||||
12 | Vehicle, used exclusively for mixing and transportation of | ||||||
13 | concrete in the plastic state, manufactured before or in the | ||||||
14 | model year of 2014, and first registered in Illinois before | ||||||
15 | January 1, 2015, is allowed a maximum gross weight listed in | ||||||
16 | the table of subsection (f) of this Section for 4 axles. This | ||||||
17 | vehicle, while loaded with concrete in the plastic state, is | ||||||
18 | not subject to the series of 3 axles requirement provided for | ||||||
19 | in subdivision (a)(11) of this Section, but no axle or tandem | ||||||
20 | axle of the series may exceed the maximum weight permitted | ||||||
21 | under subdivision (a)(10) of this Section.
| ||||||
22 | (b-1) As used in this Section, a "recycling haul" or | ||||||
23 | "recycling operation" means the hauling of segregated, | ||||||
24 | non-hazardous, non-special, homogeneous non-putrescible |
| |||||||
| |||||||
1 | materials, such as paper, glass, cans, or plastic, for | ||||||
2 | subsequent use in the secondary materials market.
| ||||||
3 | (c) Cities having a population of more than 50,000 may | ||||||
4 | permit by
ordinance axle loads on 2 axle motor vehicles 33 1/2% | ||||||
5 | above those
provided for herein, but the increase shall not | ||||||
6 | become effective until the
city has officially notified the | ||||||
7 | Department of the passage of the
ordinance and shall not apply | ||||||
8 | to those vehicles when outside of the limits
of the city, nor | ||||||
9 | shall the gross weight of any 2 axle motor vehicle
operating | ||||||
10 | over any street of the city exceed 40,000 pounds.
| ||||||
11 | (d) Weight limitations shall not apply to vehicles | ||||||
12 | (including loads)
operated by a public utility when | ||||||
13 | transporting equipment required for
emergency repair of public | ||||||
14 | utility facilities or properties or water wells.
| ||||||
15 | A combination of vehicles, including a tow truck and a | ||||||
16 | disabled vehicle
or disabled combination of vehicles, that | ||||||
17 | exceeds the weight restriction
imposed by this Code, may be | ||||||
18 | operated on a public highway in this State
provided that | ||||||
19 | neither the disabled vehicle nor any vehicle being towed nor
| ||||||
20 | the tow truck itself shall exceed the weight limitations | ||||||
21 | permitted
under this Chapter. During the towing operation, | ||||||
22 | neither the tow truck nor
the vehicle combination shall exceed
| ||||||
23 | 24,000 pounds on a single
rear axle and
44,000 pounds on a | ||||||
24 | tandem rear axle, provided the towing vehicle:
| ||||||
25 | (1) is specifically designed as a tow truck having a | ||||||
26 | gross vehicle
weight
rating of at least 18,000 pounds and |
| |||||||
| |||||||
1 | is equipped with air brakes, provided that
air
brakes are | ||||||
2 | required only if the towing vehicle is towing a vehicle,
| ||||||
3 | semitrailer, or tractor-trailer combination that is | ||||||
4 | equipped with air brakes;
| ||||||
5 | (2) is equipped with flashing, rotating, or | ||||||
6 | oscillating amber lights,
visible for at least 500 feet in | ||||||
7 | all directions;
| ||||||
8 | (3) is capable of utilizing the lighting and braking | ||||||
9 | systems of the
disabled vehicle or combination of vehicles; | ||||||
10 | and
| ||||||
11 | (4) does not engage in a tow exceeding 20 miles from | ||||||
12 | the initial point of
wreck or disablement. Any additional | ||||||
13 | movement of the vehicles may occur only
upon issuance of | ||||||
14 | authorization for that movement under the provisions of
| ||||||
15 | Sections 15-301 through 15-319 of this Code. The towing | ||||||
16 | vehicle, however,
may tow any disabled vehicle from the
| ||||||
17 | initial point of wreck or disablement to a point where | ||||||
18 | repairs are actually to
occur. This movement shall be valid | ||||||
19 | only on State routes.
The tower must abide by posted bridge | ||||||
20 | weight
limits.
| ||||||
21 | Gross weight limits shall not apply to the combination of | ||||||
22 | the tow truck
and vehicles being towed. The tow truck license | ||||||
23 | plate must cover the
operating empty weight of the tow truck | ||||||
24 | only. The weight
of each vehicle being towed shall be covered | ||||||
25 | by a valid license plate issued to
the owner or operator of the | ||||||
26 | vehicle being towed and displayed on that vehicle.
If no valid |
| |||||||
| |||||||
1 | plate issued to the owner or operator of that vehicle is | ||||||
2 | displayed
on that vehicle, or the plate displayed on that | ||||||
3 | vehicle does not cover the
weight of the vehicle, the weight of | ||||||
4 | the vehicle shall be covered by
the third tow truck plate | ||||||
5 | issued to the owner or operator of the tow truck and
| ||||||
6 | temporarily affixed to the vehicle being towed. If a roll-back | ||||||
7 | carrier is registered and being used as a tow truck, however, | ||||||
8 | the license plate or plates for the tow truck must cover the | ||||||
9 | gross vehicle weight, including any load carried on the bed of | ||||||
10 | the roll-back carrier.
| ||||||
11 | The Department may by rule or regulation prescribe | ||||||
12 | additional requirements.
However, nothing in this Code shall | ||||||
13 | prohibit a tow truck under
instructions of a police officer | ||||||
14 | from legally clearing a disabled vehicle,
that may be in | ||||||
15 | violation of weight limitations of this Chapter, from the
| ||||||
16 | roadway to the berm or shoulder of the highway.
If in the | ||||||
17 | opinion of the police officer that location is unsafe, the | ||||||
18 | officer
is authorized to have the disabled vehicle towed to the | ||||||
19 | nearest place of
safety.
| ||||||
20 | For the purpose of this subsection, gross vehicle weight | ||||||
21 | rating, or
GVWR, shall mean the value specified by the | ||||||
22 | manufacturer as the loaded
weight of the tow truck.
| ||||||
23 | (e) No vehicle or combination of vehicles equipped with | ||||||
24 | pneumatic tires
shall be operated, unladen or with load, upon | ||||||
25 | the highways of this State in
violation of the provisions of | ||||||
26 | any permit issued under the provisions of
Sections 15-301 |
| ||||||||||
| ||||||||||
1 | through 15-319 of this Chapter.
| |||||||||
2 | (f) No vehicle or combination of vehicles with
pneumatic | |||||||||
3 | tires may be operated, unladen or with load,
when the total | |||||||||
4 | weight on the road surface
exceeds the following: 20,000 pounds | |||||||||
5 | on a single axle; 34,000 pounds on a
tandem axle with no axle | |||||||||
6 | within the tandem exceeding 20,000 pounds; 80,000
pounds gross | |||||||||
7 | weight for vehicle combinations of 5 or more axles;
or a total | |||||||||
8 | weight on a group of 2 or more consecutive axles in excess of | |||||||||
9 | that
weight produced by the application of the following | |||||||||
10 | formula: W = 500 times the
sum of (LN divided by N-1) + 12N + | |||||||||
11 | 36, where "W" equals overall total weight on
any group of 2 or | |||||||||
12 | more consecutive axles to the nearest 500 pounds, "L" equals
| |||||||||
13 | the
distance measured to the nearest foot between extremes of | |||||||||
14 | any group of 2 or
more consecutive axles, and "N" equals the | |||||||||
15 | number of axles in the group under
consideration.
| |||||||||
16 | The above formula when expressed in tabular form results in | |||||||||
17 | allowable loads
as follows:
| |||||||||
18 | Distance measured
| |||||||||
19 | to the nearest
| |||||||||
20 | foot between the
| |||||||||
21 | extremes of any Maximum weight in pounds
| |||||||||
22 | group of 2 or of any group of
| |||||||||
23 | more consecutive 2 or more consecutive axles
| |||||||||
24 | axles
| |||||||||
|
| ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
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| ||||||||||||||||||
| ||||||||||||||||||
| ||||||||||||||||||
3 | *If the distance between 2 axles is 96 inches or less, the 2 | |||||||||||||||||
4 | axles are
tandem axles and the maximum total weight may not | |||||||||||||||||
5 | exceed 34,000 pounds,
notwithstanding the higher limit | |||||||||||||||||
6 | resulting from the application of the formula.
| |||||||||||||||||
7 | Vehicles not in a combination having more than 4 axles may | |||||||||||||||||
8 | not exceed the
weight in the table in this subsection (f) for 4 | |||||||||||||||||
9 | axles measured between the
extreme axles of the
vehicle.
| |||||||||||||||||
10 | Vehicles in a combination having more than 6 axles may not | |||||||||||||||||
11 | exceed the weight
in the table in this subsection (f) for 6 | |||||||||||||||||
12 | axles measured between the extreme
axles of the
combination.
| |||||||||||||||||
13 | Local authorities, with respect
to streets and highways | |||||||||||||||||
14 | under their jurisdiction, without additional
fees, may also by | |||||||||||||||||
15 | ordinance or resolution allow the weight limitations of this
| |||||||||||||||||
16 | subsection, provided the maximum gross weight on any one axle | |||||||||||||||||
17 | shall not exceed
20,000 pounds and the maximum total weight on | |||||||||||||||||
18 | any tandem axle
shall not exceed
34,000 pounds, on designated | |||||||||||||||||
19 | highways when appropriate regulatory signs giving
notice are | |||||||||||||||||
20 | erected upon the street or highway or portion of any street or
| |||||||||||||||||
21 | highway affected by the ordinance or resolution.
| |||||||||||||||||
22 | The following are exceptions to the above formula:
| |||||||||||||||||
23 | (1) Two consecutive sets of tandem axles may carry a | |||||||||||||||||
24 | total weight of
34,000
pounds each if the overall distance | |||||||||||||||||
25 | between the first and last axles of the
consecutive sets of | |||||||||||||||||
26 | tandem axles is 36 feet or more.
|
| |||||||
| |||||||
1 | (2) Vehicles for which a different limit is established | ||||||
2 | and posted in
accordance with Section 15-316 of this Code.
| ||||||
3 | (3) Vehicles for which the Department of | ||||||
4 | Transportation and local
authorities issue overweight
| ||||||
5 | permits under authority of Section 15-301 of this Code. | ||||||
6 | These vehicles are
not subject
to the bridge formula.
| ||||||
7 | (4) Tow trucks subject to the conditions provided in | ||||||
8 | subsection (d)
may not exceed 24,000 pounds on a single | ||||||
9 | rear axle or 44,000 pounds on a tandem
rear axle.
| ||||||
10 | (5) A tandem axle on a 3-axle truck registered as a | ||||||
11 | Special Hauling
Vehicle, manufactured prior to or in the | ||||||
12 | model year of 2014, and
registered in Illinois prior to | ||||||
13 | January 1, 2015, with a distance
between 2
axles
in a | ||||||
14 | series greater than 72 inches but not more than 96 inches | ||||||
15 | may not exceed
a total weight of 36,000 pounds and neither | ||||||
16 | axle of the series may exceed 20,000
18,000 pounds.
| ||||||
17 | (6) A truck not in combination, equipped with a self | ||||||
18 | compactor or an
industrial roll-off hoist and roll-off | ||||||
19 | container, used exclusively for garbage,
refuse, or | ||||||
20 | recycling operations, may, when laden, transmit upon the | ||||||
21 | road surface,
except when on part of the National System of | ||||||
22 | Interstate and Defense
Highways, the following maximum | ||||||
23 | weights: 22,000 pounds on a
single axle; 40,000 pounds on a | ||||||
24 | tandem axle; 36,000 pounds gross weight on a
2-axle | ||||||
25 | vehicle; 54,000 pounds gross weight on a 3-axle vehicle.
| ||||||
26 | This vehicle is not subject to the bridge formula.
|
| |||||||
| |||||||
1 | (7) Combinations of vehicles, registered as Special | ||||||
2 | Hauling Vehicles that
include a semitrailer manufactured | ||||||
3 | prior to or in the model year of 2014, and
registered in | ||||||
4 | Illinois prior to January 1, 2015, having 5 axles
with a
| ||||||
5 | distance of 42 feet or less between extreme axles, may not | ||||||
6 | exceed the
following maximum weights: 20,000 18,000 pounds | ||||||
7 | on a single axle; 34,000 32,000 pounds on a
tandem axle; | ||||||
8 | and 72,000 pounds gross weight. This combination of | ||||||
9 | vehicles is
not subject
to the bridge formula. For all | ||||||
10 | those combinations of vehicles that include a
semitrailer | ||||||
11 | manufactured after the effective date of this amendatory | ||||||
12 | Act of
the 92nd General Assembly, the overall distance | ||||||
13 | between the first and last
axles of the 2 sets of
tandems | ||||||
14 | must be 18 feet 6 inches or
more. Any combination of | ||||||
15 | vehicles that has had its cargo
container replaced in its | ||||||
16 | entirety after December 31, 2014 may not
exceed
the weights | ||||||
17 | allowed by the bridge formula.
| ||||||
18 | (8) A 4-axle truck mixer registered as a Special | ||||||
19 | Hauling Vehicle, used exclusively for the mixing and | ||||||
20 | transportation of concrete in the plastic state, | ||||||
21 | manufactured before or in the model year of 2014, first | ||||||
22 | registered in Illinois before January 1, 2015, and not | ||||||
23 | operated on a highway that is part of the National System | ||||||
24 | of Interstate Highways, is allowed the following maximum | ||||||
25 | weights: 20,000 pounds on any single axle; 36,000 pounds on | ||||||
26 | a series of axles greater than 72 inches but not more than |
| |||||||
| |||||||
1 | 96 inches; and 34,000 pounds on any series of 2 axles | ||||||
2 | greater than 40 inches but not more than 72 inches. The | ||||||
3 | gross weight of this vehicle may not exceed the weights | ||||||
4 | allowed by the bridge formula for 4 axles. The bridge | ||||||
5 | formula does not apply to any series of 3 axles while the | ||||||
6 | vehicle is transporting concrete in the plastic state, but | ||||||
7 | no axle or tandem axle of the series may exceed the maximum | ||||||
8 | weight permitted under this subsection (f).
| ||||||
9 | No vehicle or combination of vehicles equipped with other | ||||||
10 | than pneumatic
tires may be operated, unladen or with load, | ||||||
11 | upon the highways of this State
when the gross weight on the | ||||||
12 | road surface through any wheel exceeds 800
pounds per inch | ||||||
13 | width of tire tread or when the gross weight on the road
| ||||||
14 | surface through any axle exceeds 16,000 pounds.
| ||||||
15 | (f-1) A vehicle and load not exceeding 80,000 pounds is | ||||||
16 | allowed travel on non-designated highways so long as there is | ||||||
17 | no sign prohibiting that access.
| ||||||
18 | (g) No person shall operate a vehicle or combination of | ||||||
19 | vehicles over
a bridge or other elevated structure constituting | ||||||
20 | part of a highway with a
gross weight that is greater than the | ||||||
21 | maximum weight permitted by the
Department, when the structure | ||||||
22 | is sign posted as provided in this Section.
| ||||||
23 | (h) The Department upon request from any local authority | ||||||
24 | shall, or upon
its own initiative may, conduct an investigation | ||||||
25 | of any bridge or other
elevated structure constituting a part | ||||||
26 | of a highway, and if it finds that
the structure cannot with |
| |||||||
| |||||||
1 | safety to itself withstand the weight of vehicles
otherwise | ||||||
2 | permissible under this Code the Department shall determine and
| ||||||
3 | declare the maximum weight of vehicles that the structures can | ||||||
4 | withstand,
and shall cause or permit suitable signs stating | ||||||
5 | maximum weight to be
erected and maintained before each end of | ||||||
6 | the structure. No person shall
operate a vehicle or combination | ||||||
7 | of vehicles over any structure with a
gross weight that is | ||||||
8 | greater than the posted maximum weight.
| ||||||
9 | (i) Upon the trial of any person charged with a violation | ||||||
10 | of subsections
(g) or (h) of this Section, proof of the | ||||||
11 | determination of the maximum
allowable weight by the Department | ||||||
12 | and the existence of the signs,
constitutes conclusive evidence | ||||||
13 | of the maximum weight that can be
maintained with safety to the | ||||||
14 | bridge or structure.
| ||||||
15 | (Source: P.A. 94-464, eff. 1-1-06; 94-926, eff. 1-1-07; 95-51, | ||||||
16 | eff. 1-1-08; 09600HB0255enr.)
| ||||||
17 | Section 60-45. If and only if House Bill 255 of the 96th | ||||||
18 | General Assembly becomes law, the Criminal Code of 1961 is | ||||||
19 | amended by changing Section 28-1 as follows:
| ||||||
20 | (720 ILCS 5/28-1) (from Ch. 38, par. 28-1)
| ||||||
21 | Sec. 28-1. Gambling.
| ||||||
22 | (a) A person commits gambling when he:
| ||||||
23 | (1) Plays a game of chance or skill for money or other | ||||||
24 | thing of
value, unless excepted in subsection (b) of this |
| |||||||
| |||||||
1 | Section; or
| ||||||
2 | (2) Makes a wager upon the result of any game, contest, | ||||||
3 | or any
political nomination, appointment or election; or
| ||||||
4 | (3) Operates, keeps, owns, uses, purchases, exhibits, | ||||||
5 | rents, sells,
bargains for the sale or lease of, | ||||||
6 | manufactures or distributes any
gambling device; or
| ||||||
7 | (4) Contracts to have or give himself or another the | ||||||
8 | option to buy
or sell, or contracts to buy or sell, at a | ||||||
9 | future time, any grain or
other commodity whatsoever, or | ||||||
10 | any stock or security of any company,
where it is at the | ||||||
11 | time of making such contract intended by both parties
| ||||||
12 | thereto that the contract to buy or sell, or the option, | ||||||
13 | whenever
exercised, or the contract resulting therefrom, | ||||||
14 | shall be settled, not by
the receipt or delivery of such | ||||||
15 | property, but by the payment only of
differences in prices | ||||||
16 | thereof; however, the issuance, purchase, sale,
exercise, | ||||||
17 | endorsement or guarantee, by or through a person registered
| ||||||
18 | with the Secretary of State pursuant to Section 8 of the | ||||||
19 | Illinois
Securities Law of 1953, or by or through a person | ||||||
20 | exempt from such
registration under said Section 8, of a | ||||||
21 | put, call, or other option to
buy or sell securities which | ||||||
22 | have been registered with the Secretary of
State or which | ||||||
23 | are exempt from such registration under Section 3 of the
| ||||||
24 | Illinois Securities Law of 1953 is not gambling within the | ||||||
25 | meaning of
this paragraph (4); or
| ||||||
26 | (5) Knowingly owns or possesses any book, instrument or |
| |||||||
| |||||||
1 | apparatus by
means of which bets or wagers have been, or | ||||||
2 | are, recorded or registered,
or knowingly possesses any | ||||||
3 | money which he has received in the course of
a bet or | ||||||
4 | wager; or
| ||||||
5 | (6) Sells pools upon the result of any game or contest | ||||||
6 | of skill or
chance, political nomination, appointment or | ||||||
7 | election; or
| ||||||
8 | (7) Sets up or promotes any lottery or sells, offers to | ||||||
9 | sell or
transfers any ticket or share for any lottery; or
| ||||||
10 | (8) Sets up or promotes any policy game or sells, | ||||||
11 | offers to sell or
knowingly possesses or transfers any | ||||||
12 | policy ticket, slip, record,
document or other similar | ||||||
13 | device; or
| ||||||
14 | (9) Knowingly drafts, prints or publishes any lottery | ||||||
15 | ticket or share,
or any policy ticket, slip, record, | ||||||
16 | document or similar device, except for
such activity | ||||||
17 | related to lotteries, bingo games and raffles authorized by
| ||||||
18 | and conducted in accordance with the laws of Illinois or | ||||||
19 | any other state or
foreign government; or
| ||||||
20 | (10) Knowingly advertises any lottery or policy game, | ||||||
21 | except for such
activity related to lotteries, bingo games | ||||||
22 | and raffles authorized by and
conducted in accordance with | ||||||
23 | the laws of Illinois or any other state; or
| ||||||
24 | (11) Knowingly transmits information as to wagers, | ||||||
25 | betting odds, or
changes in betting odds by telephone, | ||||||
26 | telegraph, radio, semaphore or
similar means; or knowingly |
| |||||||
| |||||||
1 | installs or maintains equipment for the
transmission or | ||||||
2 | receipt of such information; except that nothing in this
| ||||||
3 | subdivision (11) prohibits transmission or receipt of such | ||||||
4 | information
for use in news reporting of sporting events or | ||||||
5 | contests; or
| ||||||
6 | (12) Knowingly establishes, maintains, or operates an | ||||||
7 | Internet site that
permits a person to play a game of
| ||||||
8 | chance or skill for money or other thing of value by means | ||||||
9 | of the Internet or
to make a wager upon the
result of any | ||||||
10 | game, contest, political nomination, appointment, or
| ||||||
11 | election by means of the Internet. This item (12) does not | ||||||
12 | apply to activities referenced in items (6) and (6.1) of | ||||||
13 | subsection (b) of this Section.
| ||||||
14 | (b) Participants in any of the following activities shall | ||||||
15 | not be
convicted of gambling therefor:
| ||||||
16 | (1) Agreements to compensate for loss caused by the | ||||||
17 | happening of
chance including without limitation contracts | ||||||
18 | of indemnity or guaranty
and life or health or accident | ||||||
19 | insurance.
| ||||||
20 | (2) Offers of prizes, award or compensation to the | ||||||
21 | actual
contestants in any bona fide contest for the | ||||||
22 | determination of skill,
speed, strength or endurance or to | ||||||
23 | the owners of animals or vehicles
entered in such contest.
| ||||||
24 | (3) Pari-mutuel betting as authorized by the law of | ||||||
25 | this State.
| ||||||
26 | (4) Manufacture of gambling devices, including the |
| |||||||
| |||||||
1 | acquisition of
essential parts therefor and the assembly | ||||||
2 | thereof, for transportation in
interstate or foreign | ||||||
3 | commerce to any place outside this State when such
| ||||||
4 | transportation is not prohibited by any applicable Federal | ||||||
5 | law; or the
manufacture, distribution, or possession of | ||||||
6 | video gaming terminals, as
defined in the Video Gaming Act, | ||||||
7 | by manufacturers, distributors, and
terminal operators | ||||||
8 | licensed to do so under the Video Gaming Act.
| ||||||
9 | (5) The game commonly known as "bingo", when conducted | ||||||
10 | in accordance
with the Bingo License and Tax Act.
| ||||||
11 | (6) Lotteries when conducted by the State of Illinois | ||||||
12 | or a third party pursuant to a Management Agreement with | ||||||
13 | the State of Illinois in accordance
with the Illinois | ||||||
14 | Lottery Law. This exemption includes any activity | ||||||
15 | conducted by the Department of Revenue to sell lottery | ||||||
16 | tickets pursuant to the provisions of the Illinois Lottery | ||||||
17 | Law and its rules.
| ||||||
18 | (6.1) The purchase of lottery tickets through the | ||||||
19 | Internet for a lottery conducted by the State of Illinois | ||||||
20 | under the program established in Section 7.12 of the | ||||||
21 | Illinois Lottery Law.
| ||||||
22 | (7) Possession of an antique slot machine that is | ||||||
23 | neither used nor
intended to be used in the operation or | ||||||
24 | promotion of any unlawful
gambling activity or enterprise. | ||||||
25 | For the purpose of this subparagraph
(b)(7), an antique | ||||||
26 | slot machine is one manufactured 25 years ago or earlier.
|
| |||||||
| |||||||
1 | (8) Raffles when conducted in accordance with the | ||||||
2 | Raffles Act.
| ||||||
3 | (9) Charitable games when conducted in accordance with | ||||||
4 | the Charitable
Games Act.
| ||||||
5 | (10) Pull tabs and jar games when conducted under the | ||||||
6 | Illinois Pull
Tabs and Jar Games Act.
| ||||||
7 | (11) Gambling games conducted on riverboats when
| ||||||
8 | authorized by the Riverboat Gambling Act.
| ||||||
9 | (12) Video gaming terminal games at a licensed | ||||||
10 | establishment, licensed truck stop establishment,
licensed
| ||||||
11 | fraternal establishment, or licensed veterans | ||||||
12 | establishment when
conducted in accordance with the Video | ||||||
13 | Gaming Act. | ||||||
14 | (c) Sentence.
| ||||||
15 | Gambling under subsection (a)(1) or (a)(2) of this Section | ||||||
16 | is a
Class A misdemeanor. Gambling under any of subsections | ||||||
17 | (a)(3) through
(a)(11) of this Section is a Class A | ||||||
18 | misdemeanor. A second or
subsequent conviction under any of | ||||||
19 | subsections (a)(3) through (a)(11),
is a Class 4 felony. | ||||||
20 | Gambling under subsection (a)(12) of this Section is a
Class A
| ||||||
21 | misdemeanor. A second or subsequent conviction under | ||||||
22 | subsection (a)(12) is a
Class 4 felony.
| ||||||
23 | (d) Circumstantial evidence.
| ||||||
24 | In prosecutions under subsection (a)(1) through (a)(12) of
| ||||||
25 | this
Section circumstantial evidence shall have the same | ||||||
26 | validity and weight as
in any criminal prosecution.
|
| |||||||
| |||||||
1 | (Source: P.A. 91-257, eff. 1-1-00; 09600HB0255enr.)
| ||||||
2 | Section 60-50. If and only if House Bill 255 of the 96th | ||||||
3 | General Assembly becomes law, Section 9999 is amended as | ||||||
4 | follows: | ||||||
5 | (09600HB0255enr. Sec. 9999) | ||||||
6 | Sec. 9999. Effective date. This Act takes effect July 1, | ||||||
7 | 2009, except that the changes to Sections 15-102, 15-107, | ||||||
8 | 15-111, 15-112, 15-113, 15-306, 15-307, and 16-105 of the | ||||||
9 | Illinois Vehicle Code take effect January 1, 2010; but this Act | ||||||
10 | does not take effect at all unless House Bill 312 of the 96th | ||||||
11 | General Assembly, as amended, becomes law. | ||||||
12 | (Source: 09600HB0255enr.) | ||||||
13 | Section 60-95. No acceleration or delay. Where this Act | ||||||
14 | makes changes in a statute that is represented in this Act by | ||||||
15 | text that is not yet or no longer in effect (for example, a | ||||||
16 | Section represented by multiple versions), the use of that text | ||||||
17 | does not accelerate or delay the taking effect of (i) the | ||||||
18 | changes made by this Act or (ii) provisions derived from any | ||||||
19 | other Public Act. | ||||||
20 | Article 65. | ||||||
21 | Section 65-5. The River Edge Redevelopment Zone Act is |
| |||||||
| |||||||
1 | amended by changing Section 10-5.3 as follows: | ||||||
2 | (65 ILCS 115/10-5.3)
| ||||||
3 | Sec. 10-5.3. Certification of River Edge Redevelopment | ||||||
4 | Zones. | ||||||
5 | (a) Approval of designated River Edge Redevelopment Zones | ||||||
6 | shall be made by the Department by certification of the | ||||||
7 | designating ordinance. The Department shall promptly issue a | ||||||
8 | certificate for each zone upon its approval. The certificate | ||||||
9 | shall be signed by the Director of the Department, shall make | ||||||
10 | specific reference to the designating ordinance, which shall be | ||||||
11 | attached thereto, and shall be filed in the office of the | ||||||
12 | Secretary of State. A certified copy of the River Edge | ||||||
13 | Redevelopment Zone Certificate, or a duplicate original | ||||||
14 | thereof, shall be recorded in the office of the recorder of | ||||||
15 | deeds of the county in which the River Edge Redevelopment Zone | ||||||
16 | lies. | ||||||
17 | (b) A River Edge Redevelopment Zone shall be effective upon | ||||||
18 | its certification. The Department shall transmit a copy of the | ||||||
19 | certification to the Department of Revenue, and to the | ||||||
20 | designating municipality.
Upon certification of a River Edge | ||||||
21 | Redevelopment Zone, the terms and provisions of the designating | ||||||
22 | ordinance shall be in effect, and may not be amended or | ||||||
23 | repealed except in accordance with Section 10-5.4. | ||||||
24 | (c) A River Edge Redevelopment Zone shall be in effect for | ||||||
25 | the period stated in the certificate, which shall in no event |
| |||||||
| |||||||
1 | exceed 30 calendar years. Zones shall terminate at midnight of | ||||||
2 | December 31 of the final calendar year of the certified term, | ||||||
3 | except as provided in Section 10-5.4. | ||||||
4 | (d) In calendar years 2006 and 2007, the Department may | ||||||
5 | certify one pilot River Edge Redevelopment Zone in the City of | ||||||
6 | East St. Louis, one pilot River Edge Redevelopment Zone in the | ||||||
7 | City of Rockford, and one pilot River Edge Redevelopment Zone | ||||||
8 | in the City of Aurora. | ||||||
9 | In calendar year 2009, the Department may certify one pilot | ||||||
10 | River Edge Redevelopment Zone in the City of Elgin. | ||||||
11 | Thereafter the Department may not certify any additional | ||||||
12 | River Edge Redevelopment Zones, but may amend and rescind | ||||||
13 | certifications of existing River Edge Redevelopment Zones in | ||||||
14 | accordance with Section 10-5.4. | ||||||
15 | (e) A municipality in which a River Edge Redevelopment Zone | ||||||
16 | has been certified must submit to the Department, within 60 | ||||||
17 | days after the certification, a plan for encouraging the | ||||||
18 | participation by minority persons, females, persons with | ||||||
19 | disabilities, and veterans in the zone. The Department may | ||||||
20 | assist the municipality in developing and implementing the | ||||||
21 | plan. The terms "minority person", "female", and "person with a | ||||||
22 | disability" have the meanings set forth under Section 2 of the | ||||||
23 | Business Enterprise for Minorities, Females, and Persons with | ||||||
24 | Disabilities Act. "Veteran" means an Illinois resident who is a | ||||||
25 | veteran as defined in subsection (h) of Section 1491 of Title | ||||||
26 | 10 of the United States Code.
|
| |||||||
| |||||||
1 | (Source: P.A. 94-1021, eff. 7-12-06; 94-1022, eff. 7-12-06.) | ||||||
2 | Article 70. | ||||||
3 | Section 70-5. Findings. The General Assembly finds that | ||||||
4 | parts of Illinois lack access to high-speed information and | ||||||
5 | communication (broadband) networks. Such networks impact | ||||||
6 | access to jobs, education, health care, public safety and | ||||||
7 | quality of life in Illinois.
The 2009 American Recovery and | ||||||
8 | Reinvestment Act (ARRA) represents an unprecedented federal | ||||||
9 | investment in core infrastructure, including over
$7 billion in | ||||||
10 | competitive grants and loans available through the United | ||||||
11 | States Departments of Agriculture and Commerce for core | ||||||
12 | broadband infrastructure.
It is the policy of Illinois to | ||||||
13 | secure every viable stimulus project from undue delays, | ||||||
14 | especially those awarded competitively, tied to deadlines, and | ||||||
15 | connected to core infrastructure. Encouraging network | ||||||
16 | development will help Illinois' public and private entities | ||||||
17 | compete for and manage broadband infrastructure projects. | ||||||
18 | Section 70-7. The Secretary of State Act is amended by | ||||||
19 | changing Section 5 as follows:
| ||||||
20 | (15 ILCS 305/5) (from Ch. 124, par. 5)
| ||||||
21 | Sec. 5. It shall be the duty of the Secretary of State:
| ||||||
22 | 1. To countersign and affix the seal of state to all |
| |||||||
| |||||||
1 | commissions
required by law to be issued by the Governor.
| ||||||
2 | 2. To make a register of all appointments by the Governor, | ||||||
3 | specifying
the person appointed, the office conferred, the date | ||||||
4 | of the appointment,
the date when bond or oath is taken and the | ||||||
5 | date filed. If Senate
confirmation is required, the date of the | ||||||
6 | confirmation shall be included
in the register.
| ||||||
7 | 3. To make proper indexes to public acts, resolutions, | ||||||
8 | papers and
documents in his office.
| ||||||
9 | 3-a. To review all rules of all State agencies adopted in | ||||||
10 | compliance
with the
codification system prescribed by the | ||||||
11 | Secretary. The review shall be for the
purposes and include all | ||||||
12 | the powers and duties provided in the Illinois
Administrative | ||||||
13 | Procedure Act. The Secretary of State shall cooperate with the
| ||||||
14 | Legislative Information System to insure the accuracy of the | ||||||
15 | text of the rules
maintained under the Legislative Information | ||||||
16 | System Act.
| ||||||
17 | 4. To give any person requiring the same paying the lawful | ||||||
18 | fees
therefor, a copy of any law, act, resolution, record or | ||||||
19 | paper in his
office, and attach thereto his certificate, under | ||||||
20 | the seal of the state.
| ||||||
21 | 5. To take charge of and preserve from waste, and keep in | ||||||
22 | repair,
the houses, lots, grounds and appurtenances, situated | ||||||
23 | in the City of
Springfield, and belonging to or occupied by the | ||||||
24 | State, the care of
which is not otherwise provided for by law, | ||||||
25 | and to take charge of and
preserve from waste, and keep in | ||||||
26 | repair, the houses, lots, grounds and
appurtenances, situated |
| |||||||
| |||||||
1 | in the State outside the City of Springfield
where such houses, | ||||||
2 | lots, grounds and appurtenances are occupied by the
Secretary | ||||||
3 | of State and no other State officer or agency.
| ||||||
4 | 6. To supervise the distribution of the laws.
| ||||||
5 | 7. To perform such other duties as may be required by law. | ||||||
6 | The
Secretary of State may, within appropriations authorized by | ||||||
7 | the General
Assembly, maintain offices in the State Capital and | ||||||
8 | in such other places
in the State as he may deem necessary to | ||||||
9 | properly carry out the powers
and duties vested in him by law.
| ||||||
10 | 8. In addition to all other authority granted to the | ||||||
11 | Secretary by law, subject to appropriation, to make grants or | ||||||
12 | otherwise provide assistance to, among others without | ||||||
13 | limitation, units of local government, school districts, | ||||||
14 | educational institutions, private agencies, not-for-profit | ||||||
15 | organizations, and for-profit entities for the health, safety, | ||||||
16 | and welfare of Illinois residents for purposes related to | ||||||
17 | education, transportation, construction, capital improvements, | ||||||
18 | social services, and any other lawful public purpose. Upon | ||||||
19 | request of the Secretary, all State agencies are mandated to | ||||||
20 | provide the Secretary with assistance in administering the | ||||||
21 | grants. | ||||||
22 | (Source: P.A. 91-357, eff. 7-29-99.)
| ||||||
23 | Section 70-10. The Public Utilities Act is amended by | ||||||
24 | adding Section 8-511 as follows: |
| |||||||
| |||||||
1 | (220 ILCS 5/8-511 new) | ||||||
2 | Sec. 8-511. Network equipment attachment agreements; | ||||||
3 | Stimulus-funded broadband network providers. | ||||||
4 | (a) For purposes of this Section: | ||||||
5 | "Stimulus-funded broadband network provider" or "SBNP" | ||||||
6 | means an Illinois-based recipient of grant or loan funding | ||||||
7 | authorized by the ARRA and awarded through the United States | ||||||
8 | Department of Agriculture's Rural Utilities Service (RUS) or | ||||||
9 | the United States Department of Commerce's National | ||||||
10 | Telecommunications and Information Administration (NTIA). | ||||||
11 | (b) Access to government and public utility assets, | ||||||
12 | including towers, water towers, buildings, street lights, | ||||||
13 | traffic poles, and pole arms for Stimulus-funded broadband | ||||||
14 | network providers (SBNPs) must be provided at rates and under | ||||||
15 | conditions that are just and reasonable. | ||||||
16 | (c) SBNPs whose federally-approved plans include the | ||||||
17 | attachments listed in subsection (b) of this Section are | ||||||
18 | required to enter into agreements with the asset owners. The | ||||||
19 | agreements shall: | ||||||
20 | (1) contain rates, terms, conditions, and timetables; | ||||||
21 | and | ||||||
22 | (2) be for the purpose of attaching any equipment | ||||||
23 | necessary for the provision of broadband network services, | ||||||
24 | including antennas, base stations, routers, and switching, | ||||||
25 | processing, transmission, and distribution equipment with | ||||||
26 | consideration for the safety of those installing and |
| |||||||
| |||||||
1 | maintaining the pole attachments. | ||||||
2 | The SBNP shall adhere to all applicable National Electrical | ||||||
3 | Safety Code Guidelines and shall not place ancillary equipment | ||||||
4 | such as power supplies, equipment cabinets, and multiplexers in | ||||||
5 | the climbing space of a pole, unless expressly authorized to do | ||||||
6 | so by the pole owner.
If relevant assets are co-owned by 2 or | ||||||
7 | more entities, then an agreement for access shall only be | ||||||
8 | necessary with the majority owner. If the SBNP and the asset | ||||||
9 | owner are unable to reach an agreement on rates, terms, | ||||||
10 | conditions, or timetables, then either party may, in its | ||||||
11 | discretion, pursue procedures under subsection (d) of this | ||||||
12 | Section. | ||||||
13 | (d) The Commission shall adopt rules concerning access | ||||||
14 | rates, terms, conditions, and timetables for agreements | ||||||
15 | required under this Section and any necessary additional | ||||||
16 | procedures for hearing and resolving contested cases. For | ||||||
17 | purposes of enforcing any determinations resulting from | ||||||
18 | contested cases originating under this Section, the Commission | ||||||
19 | shall take action as it deems appropriate. | ||||||
20 | (e) If the Commission finds that an asset owner violated | ||||||
21 | any provision of this Section or any Commission order under | ||||||
22 | this Section, then it shall order the asset owner: | ||||||
23 | (1) to grant access to the SBNP; and | ||||||
24 | (2) to cease and desist from violating the provisions | ||||||
25 | of this Section. | ||||||
26 | Orders issued by the Commission shall be enforceable as in |
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1 | any other matter before the Commission. | ||||||
2 | (f) This Section applies to any attachment agreement that | ||||||
3 | is entered into by parties after the effective date of this | ||||||
4 | amendatory Act of the 96th General Assembly. | ||||||
5 | (g) Any stimulus-funded broadband network provider using | ||||||
6 | existing above ground right-of-ways and underground utilities | ||||||
7 | shall provide reasonable public notice to easement owners of | ||||||
8 | their proposed fiber optic cable route. If no easement owner | ||||||
9 | along the proposed route files a written objection within 30 | ||||||
10 | days with the Commission, then the SBNP is authorized to | ||||||
11 | commence network deployment. Easement owners that formally | ||||||
12 | object must enter into a dispute resolution process with the | ||||||
13 | SBNP that is authorized by the Commission. | ||||||
14 | (h) If, in the process of installing broadband | ||||||
15 | infrastructure along existing right of way, farm drainage is | ||||||
16 | damaged, then the easement or landowner shall be reimbursed by | ||||||
17 | the SBNP for any repair costs they incur. | ||||||
18 | Section 70-15. The Illinois Highway Code is amended by | ||||||
19 | adding Section 9-131 as follows: | ||||||
20 | (605 ILCS 5/9-131 new)
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21 | Sec. 9-131. Installation of fiber-optic network conduit. | ||||||
22 | (a) For purposes of this Section: | ||||||
23 | "Fiber-optic network conduit" means a pipe or duct used to | ||||||
24 | enclose fiber-optic cable facilities buried alongside the |
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