HB2424 Enrolled LRB096 10326 RLJ 20496 b

1     AN ACT concerning government.
 
2     Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
 
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.

 

 

HB2424 Enrolled - 2 - LRB096 10326 RLJ 20496 b

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

 

 

HB2424 Enrolled - 3 - LRB096 10326 RLJ 20496 b

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

 

 

HB2424 Enrolled - 4 - LRB096 10326 RLJ 20496 b

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

 

 

HB2424 Enrolled - 5 - LRB096 10326 RLJ 20496 b

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

 

 

HB2424 Enrolled - 6 - LRB096 10326 RLJ 20496 b

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:
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

 

 

HB2424 Enrolled - 7 - LRB096 10326 RLJ 20496 b

1 care services either to a medically underserved population or
2 area or to the uninsured population of this State.
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.
9     "Department" means the Illinois Department of Public
10 Health.
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.
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.
21     "Primary health care services" means the following:
22         (1) Basic health services consisting of the following:
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

 

 

HB2424 Enrolled - 8 - LRB096 10326 RLJ 20496 b

1         practitioners, and nurse midwives.
2             (B) Diagnostic laboratory and radiologic services.
3             (C) Preventive health services, including the
4         following:
5                 (i) Prenatal and perinatal services.
6                 (ii) Screenings for breast, ovarian, and
7             cervical cancer.
8                 (iii) Well-child services.
9                 (iv) Immunizations against vaccine-preventable
10             diseases.
11                 (v) Screenings for elevated blood lead levels,
12             communicable diseases, and cholesterol.
13                 (vi) Pediatric eye, ear, and dental screenings
14             to determine the need for vision and hearing
15             correction and dental care.
16                 (vii) Voluntary family planning services.
17                 (viii) Preventive dental services.
18             (D) Emergency medical services.
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).
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

 

 

HB2424 Enrolled - 9 - LRB096 10326 RLJ 20496 b

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.
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).
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.
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:
19             (A) Environmental health services, including the
20         following:
21                 (i) Detection and alleviation of unhealthful
22             conditions associated with water supply.
23                 (ii) Sewage treatment.
24                 (iii) Solid waste disposal.
25                 (iv) Detection and alleviation of rodent and
26             parasite infestation.

 

 

HB2424 Enrolled - 10 - LRB096 10326 RLJ 20496 b

1                 (v) Field sanitation.
2                 (vi) Housing.
3                 (vii) Other environmental factors related to
4             health.
5             (B) Special occupation-related health services for
6         migratory and seasonal agricultural workers, including
7         the following:
8                 (i) Screening for and control of infectious
9             diseases, including parasitic diseases.
10                 (ii) Injury prevention programs, which may
11             include prevention of exposure to unsafe levels of
12             agricultural chemicals, including pesticides.
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.
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

 

 

HB2424 Enrolled - 11 - LRB096 10326 RLJ 20496 b

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.
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.
 
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.
19         (2) Acquire a new physical location for the purpose of
20     delivering primary health care services.
21         (3) Construct or renovate new or existing community
22     health center sites.
 
23     Section 10-25. Reporting. Within 60 days after the first

 

 

HB2424 Enrolled - 12 - LRB096 10326 RLJ 20496 b

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.
 
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

 

 

HB2424 Enrolled - 13 - LRB096 10326 RLJ 20496 b

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

 

 

HB2424 Enrolled - 14 - LRB096 10326 RLJ 20496 b

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.

 

 

HB2424 Enrolled - 15 - LRB096 10326 RLJ 20496 b

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;

 

 

HB2424 Enrolled - 16 - LRB096 10326 RLJ 20496 b

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.
 

 

 

HB2424 Enrolled - 17 - LRB096 10326 RLJ 20496 b

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.
 

 

 

HB2424 Enrolled - 18 - LRB096 10326 RLJ 20496 b

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

 

 

HB2424 Enrolled - 19 - LRB096 10326 RLJ 20496 b

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.
 

 

 

HB2424 Enrolled - 20 - LRB096 10326 RLJ 20496 b

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

 

 

HB2424 Enrolled - 21 - LRB096 10326 RLJ 20496 b

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

 

 

HB2424 Enrolled - 22 - LRB096 10326 RLJ 20496 b

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

 

 

HB2424 Enrolled - 23 - LRB096 10326 RLJ 20496 b

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

 

 

HB2424 Enrolled - 24 - LRB096 10326 RLJ 20496 b

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.

 

 

 

HB2424 Enrolled - 25 - LRB096 10326 RLJ 20496 b

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

 

 

HB2424 Enrolled - 26 - LRB096 10326 RLJ 20496 b

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.

 

 

 

HB2424 Enrolled - 27 - LRB096 10326 RLJ 20496 b

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.

 

 

HB2424 Enrolled - 28 - LRB096 10326 RLJ 20496 b

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

 

 

HB2424 Enrolled - 29 - LRB096 10326 RLJ 20496 b

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,

 

 

HB2424 Enrolled - 30 - LRB096 10326 RLJ 20496 b

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

 

 

HB2424 Enrolled - 31 - LRB096 10326 RLJ 20496 b

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;

 

 

HB2424 Enrolled - 32 - LRB096 10326 RLJ 20496 b

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.

 

 

HB2424 Enrolled - 33 - LRB096 10326 RLJ 20496 b

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.

 

 

HB2424 Enrolled - 34 - LRB096 10326 RLJ 20496 b

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

 

 

HB2424 Enrolled - 35 - LRB096 10326 RLJ 20496 b

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

 

 

HB2424 Enrolled - 36 - LRB096 10326 RLJ 20496 b

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

 

 

HB2424 Enrolled - 37 - LRB096 10326 RLJ 20496 b

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

 

 

HB2424 Enrolled - 38 - LRB096 10326 RLJ 20496 b

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

 

 

HB2424 Enrolled - 39 - LRB096 10326 RLJ 20496 b

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

 

 

HB2424 Enrolled - 40 - LRB096 10326 RLJ 20496 b

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

 

 

HB2424 Enrolled - 41 - LRB096 10326 RLJ 20496 b

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.

 

 

HB2424 Enrolled - 42 - LRB096 10326 RLJ 20496 b

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.

 

 

HB2424 Enrolled - 43 - LRB096 10326 RLJ 20496 b

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;

 

 

HB2424 Enrolled - 44 - LRB096 10326 RLJ 20496 b

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

 

 

HB2424 Enrolled - 45 - LRB096 10326 RLJ 20496 b

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.
 

 

 

HB2424 Enrolled - 46 - LRB096 10326 RLJ 20496 b

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

 

 

HB2424 Enrolled - 47 - LRB096 10326 RLJ 20496 b

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.

 

 

HB2424 Enrolled - 48 - LRB096 10326 RLJ 20496 b

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

 

 

HB2424 Enrolled - 49 - LRB096 10326 RLJ 20496 b

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

 

 

HB2424 Enrolled - 50 - LRB096 10326 RLJ 20496 b

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

 

 

HB2424 Enrolled - 51 - LRB096 10326 RLJ 20496 b

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

 

 

HB2424 Enrolled - 52 - LRB096 10326 RLJ 20496 b

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,

 

 

HB2424 Enrolled - 53 - LRB096 10326 RLJ 20496 b

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:

 

 

HB2424 Enrolled - 54 - LRB096 10326 RLJ 20496 b

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,

 

 

HB2424 Enrolled - 55 - LRB096 10326 RLJ 20496 b

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.

 

 

HB2424 Enrolled - 56 - LRB096 10326 RLJ 20496 b

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:

 

 

HB2424 Enrolled - 57 - LRB096 10326 RLJ 20496 b

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

 

 

HB2424 Enrolled - 58 - LRB096 10326 RLJ 20496 b

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

 

 

HB2424 Enrolled - 59 - LRB096 10326 RLJ 20496 b

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

 

 

HB2424 Enrolled - 60 - LRB096 10326 RLJ 20496 b

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

 

 

HB2424 Enrolled - 61 - LRB096 10326 RLJ 20496 b

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 -

 

 

HB2424 Enrolled - 62 - LRB096 10326 RLJ 20496 b

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:

 

 

HB2424 Enrolled - 63 - LRB096 10326 RLJ 20496 b

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,

 

 

HB2424 Enrolled - 64 - LRB096 10326 RLJ 20496 b

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

 

 

HB2424 Enrolled - 65 - LRB096 10326 RLJ 20496 b

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

 

 

HB2424 Enrolled - 66 - LRB096 10326 RLJ 20496 b

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.

 

 

HB2424 Enrolled - 67 - LRB096 10326 RLJ 20496 b

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

 

 

HB2424 Enrolled - 68 - LRB096 10326 RLJ 20496 b

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

 

 

HB2424 Enrolled - 69 - LRB096 10326 RLJ 20496 b

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:
 

 

 

HB2424 Enrolled - 70 - LRB096 10326 RLJ 20496 b

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

 

 

HB2424 Enrolled - 71 - LRB096 10326 RLJ 20496 b

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

 

 

HB2424 Enrolled - 72 - LRB096 10326 RLJ 20496 b

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

 

 

HB2424 Enrolled - 73 - LRB096 10326 RLJ 20496 b

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:
 

 

 

HB2424 Enrolled - 74 - LRB096 10326 RLJ 20496 b

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.

 

 

HB2424 Enrolled - 75 - LRB096 10326 RLJ 20496 b

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.

 

 

HB2424 Enrolled - 76 - LRB096 10326 RLJ 20496 b

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,

 

 

HB2424 Enrolled - 77 - LRB096 10326 RLJ 20496 b

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

 

 

HB2424 Enrolled - 78 - LRB096 10326 RLJ 20496 b

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

 

 

HB2424 Enrolled - 79 - LRB096 10326 RLJ 20496 b

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

 

 

HB2424 Enrolled - 80 - LRB096 10326 RLJ 20496 b

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

 

 

HB2424 Enrolled - 81 - LRB096 10326 RLJ 20496 b

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

 

 

HB2424 Enrolled - 82 - LRB096 10326 RLJ 20496 b

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

 

 

HB2424 Enrolled - 83 - LRB096 10326 RLJ 20496 b

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

 

 

HB2424 Enrolled - 84 - LRB096 10326 RLJ 20496 b

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

 

 

HB2424 Enrolled - 85 - LRB096 10326 RLJ 20496 b

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

 

 

HB2424 Enrolled - 86 - LRB096 10326 RLJ 20496 b

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.)
 

 

 

HB2424 Enrolled - 87 - LRB096 10326 RLJ 20496 b

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.

 

 

HB2424 Enrolled - 88 - LRB096 10326 RLJ 20496 b

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

 

 

HB2424 Enrolled - 89 - LRB096 10326 RLJ 20496 b

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:

 

 

HB2424 Enrolled - 90 - LRB096 10326 RLJ 20496 b

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

 

 

HB2424 Enrolled - 91 - LRB096 10326 RLJ 20496 b

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

 

 

HB2424 Enrolled - 92 - LRB096 10326 RLJ 20496 b

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

 

 

HB2424 Enrolled - 93 - LRB096 10326 RLJ 20496 b

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

 

 

HB2424 Enrolled - 94 - LRB096 10326 RLJ 20496 b

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

 

 

HB2424 Enrolled - 95 - LRB096 10326 RLJ 20496 b

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

 

 

HB2424 Enrolled - 96 - LRB096 10326 RLJ 20496 b

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.

 

 

HB2424 Enrolled - 97 - LRB096 10326 RLJ 20496 b

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

 

 

HB2424 Enrolled - 98 - LRB096 10326 RLJ 20496 b

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

 

 

HB2424 Enrolled - 99 - LRB096 10326 RLJ 20496 b

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

 

 

HB2424 Enrolled - 100 - LRB096 10326 RLJ 20496 b

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

 

 

HB2424 Enrolled - 101 - LRB096 10326 RLJ 20496 b

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

 

 

HB2424 Enrolled - 102 - LRB096 10326 RLJ 20496 b

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

 

 

HB2424 Enrolled - 103 - LRB096 10326 RLJ 20496 b

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

 

 

HB2424 Enrolled - 104 - LRB096 10326 RLJ 20496 b

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

 

 

HB2424 Enrolled - 105 - LRB096 10326 RLJ 20496 b

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

 

 

HB2424 Enrolled - 106 - LRB096 10326 RLJ 20496 b

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

 

 

HB2424 Enrolled - 107 - LRB096 10326 RLJ 20496 b

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.

 

 

HB2424 Enrolled - 108 - LRB096 10326 RLJ 20496 b

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.

 

 

HB2424 Enrolled - 109 - LRB096 10326 RLJ 20496 b

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.

 

 

HB2424 Enrolled - 110 - LRB096 10326 RLJ 20496 b

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

 

 

HB2424 Enrolled - 111 - LRB096 10326 RLJ 20496 b

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

 

 

HB2424 Enrolled - 112 - LRB096 10326 RLJ 20496 b

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

 

 

HB2424 Enrolled - 113 - LRB096 10326 RLJ 20496 b

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

 

 

HB2424 Enrolled - 114 - LRB096 10326 RLJ 20496 b

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

 

 

HB2424 Enrolled - 115 - LRB096 10326 RLJ 20496 b

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

 

 

HB2424 Enrolled - 116 - LRB096 10326 RLJ 20496 b

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

 

 

HB2424 Enrolled - 117 - LRB096 10326 RLJ 20496 b

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

 

 

HB2424 Enrolled - 118 - LRB096 10326 RLJ 20496 b

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

 

 

HB2424 Enrolled - 119 - LRB096 10326 RLJ 20496 b

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

 

 

HB2424 Enrolled - 120 - LRB096 10326 RLJ 20496 b

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"

 

 

HB2424 Enrolled - 121 - LRB096 10326 RLJ 20496 b

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,

 

 

HB2424 Enrolled - 122 - LRB096 10326 RLJ 20496 b

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,

 

 

HB2424 Enrolled - 123 - LRB096 10326 RLJ 20496 b

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

 

 

HB2424 Enrolled - 124 - LRB096 10326 RLJ 20496 b

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

 

 

HB2424 Enrolled - 125 - LRB096 10326 RLJ 20496 b

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

 

 

HB2424 Enrolled - 126 - LRB096 10326 RLJ 20496 b

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

 

 

HB2424 Enrolled - 127 - LRB096 10326 RLJ 20496 b

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

 

 

HB2424 Enrolled - 128 - LRB096 10326 RLJ 20496 b

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

 

 

HB2424 Enrolled - 129 - LRB096 10326 RLJ 20496 b

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

 

 

HB2424 Enrolled - 130 - LRB096 10326 RLJ 20496 b

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.

 

 

HB2424 Enrolled - 131 - LRB096 10326 RLJ 20496 b

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,

 

 

HB2424 Enrolled - 132 - LRB096 10326 RLJ 20496 b

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

 

 

HB2424 Enrolled - 133 - LRB096 10326 RLJ 20496 b

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.

 

 

HB2424 Enrolled - 134 - LRB096 10326 RLJ 20496 b

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

 

 

HB2424 Enrolled - 135 - LRB096 10326 RLJ 20496 b

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"

 

 

HB2424 Enrolled - 136 - LRB096 10326 RLJ 20496 b

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

 

 

HB2424 Enrolled - 137 - LRB096 10326 RLJ 20496 b

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:

 

 

HB2424 Enrolled - 138 - LRB096 10326 RLJ 20496 b

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

 

 

HB2424 Enrolled - 139 - LRB096 10326 RLJ 20496 b

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.

 

 

HB2424 Enrolled - 140 - LRB096 10326 RLJ 20496 b

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;

 

 

HB2424 Enrolled - 141 - LRB096 10326 RLJ 20496 b

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

 

 

HB2424 Enrolled - 142 - LRB096 10326 RLJ 20496 b

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

 

 

HB2424 Enrolled - 143 - LRB096 10326 RLJ 20496 b

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

 

 

HB2424 Enrolled - 144 - LRB096 10326 RLJ 20496 b

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

 

 

HB2424 Enrolled - 145 - LRB096 10326 RLJ 20496 b

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)

 

 

HB2424 Enrolled - 146 - LRB096 10326 RLJ 20496 b

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

 

 

HB2424 Enrolled - 147 - LRB096 10326 RLJ 20496 b

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

 

 

HB2424 Enrolled - 148 - LRB096 10326 RLJ 20496 b

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.

 

 

HB2424 Enrolled - 149 - LRB096 10326 RLJ 20496 b

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

 

 

HB2424 Enrolled - 150 - LRB096 10326 RLJ 20496 b

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

 

 

HB2424 Enrolled - 151 - LRB096 10326 RLJ 20496 b

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

 

 

HB2424 Enrolled - 152 - LRB096 10326 RLJ 20496 b

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

 

 

HB2424 Enrolled - 153 - LRB096 10326 RLJ 20496 b

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

 

 

HB2424 Enrolled - 154 - LRB096 10326 RLJ 20496 b

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

 

 

HB2424 Enrolled - 155 - LRB096 10326 RLJ 20496 b

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

 

 

HB2424 Enrolled - 156 - LRB096 10326 RLJ 20496 b

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

 

 

HB2424 Enrolled - 157 - LRB096 10326 RLJ 20496 b

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

 

 

HB2424 Enrolled - 158 - LRB096 10326 RLJ 20496 b

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

 

 

HB2424 Enrolled - 159 - LRB096 10326 RLJ 20496 b

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

 

 

HB2424 Enrolled - 160 - LRB096 10326 RLJ 20496 b

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,

 

 

HB2424 Enrolled - 161 - LRB096 10326 RLJ 20496 b

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

 

 

HB2424 Enrolled - 162 - LRB096 10326 RLJ 20496 b

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.

 

 

HB2424 Enrolled - 163 - LRB096 10326 RLJ 20496 b

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.

 

 

HB2424 Enrolled - 164 - LRB096 10326 RLJ 20496 b

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

 

 

HB2424 Enrolled - 165 - LRB096 10326 RLJ 20496 b

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

 

 

HB2424 Enrolled - 166 - LRB096 10326 RLJ 20496 b

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.

 

 

HB2424 Enrolled - 167 - LRB096 10326 RLJ 20496 b

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

 

 

HB2424 Enrolled - 168 - LRB096 10326 RLJ 20496 b

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

 

 

HB2424 Enrolled - 169 - LRB096 10326 RLJ 20496 b

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.

 

 

HB2424 Enrolled - 170 - LRB096 10326 RLJ 20496 b

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

 

 

HB2424 Enrolled - 171 - LRB096 10326 RLJ 20496 b

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

 

 

HB2424 Enrolled - 172 - LRB096 10326 RLJ 20496 b

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

 

 

HB2424 Enrolled - 173 - LRB096 10326 RLJ 20496 b

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:

 

 

HB2424 Enrolled - 174 - LRB096 10326 RLJ 20496 b

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.

 

 

HB2424 Enrolled - 175 - LRB096 10326 RLJ 20496 b

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

 

 

HB2424 Enrolled - 176 - LRB096 10326 RLJ 20496 b

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;

 

 

HB2424 Enrolled - 177 - LRB096 10326 RLJ 20496 b

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.

 

 

HB2424 Enrolled - 178 - LRB096 10326 RLJ 20496 b

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

 

 

HB2424 Enrolled - 179 - LRB096 10326 RLJ 20496 b

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

 

 

HB2424 Enrolled - 180 - LRB096 10326 RLJ 20496 b

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

 

 

HB2424 Enrolled - 181 - LRB096 10326 RLJ 20496 b

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,

 

 

HB2424 Enrolled - 182 - LRB096 10326 RLJ 20496 b

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

 

 

HB2424 Enrolled - 183 - LRB096 10326 RLJ 20496 b

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

 

 

HB2424 Enrolled - 184 - LRB096 10326 RLJ 20496 b

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

 

 

HB2424 Enrolled - 185 - LRB096 10326 RLJ 20496 b

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

 

 

HB2424 Enrolled - 186 - LRB096 10326 RLJ 20496 b

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
25feet2 axles3 axles4 axles5 axles6 axles

 

 

HB2424 Enrolled - 187 - LRB096 10326 RLJ 20496 b

1434,000
2534,000
3634,000
4734,000
5838,000*42,000
6939,00042,500
71040,00043,500
81144,000
91245,00050,000
101345,50050,500
111446,50051,500
121547,00052,000
131648,00052,50058,000
141748,50053,50058,500
151849,50054,00059,000
161950,00054,50060,000
172051,00055,50060,50066,000
182151,50056,00061,00066,500
192252,50056,50061,50067,000
202353,00057,50062,50068,000
212454,00058,00063,00068,500
222554,50058,50063,50069,000
232655,50059,50064,00069,500
242756,00060,00065,00070,000
252857,00060,50065,50071,000
262957,50061,50066,00071,500

 

 

HB2424 Enrolled - 188 - LRB096 10326 RLJ 20496 b

13058,50062,00066,50072,000
23159,00062,50067,50072,500
33260,00063,50068,00073,000
43364,00068,50074,000
53464,50069,00074,500
63565,50070,00075,000
73666,00070,50075,500
83766,50071,00076,000
93867,50072,00077,000
103968,00072,50077,500
114068,50073,00078,000
124169,50073,50078,500
134270,00074,00079,000
144370,50075,00080,000
154471,50075,500
164572,00076,000
174672,50076,500
184773,50077,500
194874,00078,000
204974,50078,500
215075,50079,000
225176,00080,000
235276,500
245377,500
255478,000
265578,500

 

 

HB2424 Enrolled - 189 - LRB096 10326 RLJ 20496 b

15679,500
25780,000
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.

 

 

HB2424 Enrolled - 190 - LRB096 10326 RLJ 20496 b

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.

 

 

HB2424 Enrolled - 191 - LRB096 10326 RLJ 20496 b

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

 

 

HB2424 Enrolled - 192 - LRB096 10326 RLJ 20496 b

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

 

 

HB2424 Enrolled - 193 - LRB096 10326 RLJ 20496 b

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

 

 

HB2424 Enrolled - 194 - LRB096 10326 RLJ 20496 b

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

 

 

HB2424 Enrolled - 195 - LRB096 10326 RLJ 20496 b

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

 

 

HB2424 Enrolled - 196 - LRB096 10326 RLJ 20496 b

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

 

 

HB2424 Enrolled - 197 - LRB096 10326 RLJ 20496 b

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.

 

 

HB2424 Enrolled - 198 - LRB096 10326 RLJ 20496 b

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.

 

 

HB2424 Enrolled - 199 - LRB096 10326 RLJ 20496 b

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

 

 

HB2424 Enrolled - 200 - LRB096 10326 RLJ 20496 b

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

 

 

HB2424 Enrolled - 201 - LRB096 10326 RLJ 20496 b

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.

 

 

HB2424 Enrolled - 202 - LRB096 10326 RLJ 20496 b

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

 

 

HB2424 Enrolled - 203 - LRB096 10326 RLJ 20496 b

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

 

 

HB2424 Enrolled - 204 - LRB096 10326 RLJ 20496 b

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:
 

 

 

HB2424 Enrolled - 205 - LRB096 10326 RLJ 20496 b

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

 

 

HB2424 Enrolled - 206 - LRB096 10326 RLJ 20496 b

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

 

 

HB2424 Enrolled - 207 - LRB096 10326 RLJ 20496 b

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)
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

 

 

HB2424 Enrolled - 208 - LRB096 10326 RLJ 20496 b

1